[Congressional Record Volume 154, Number 64 (Tuesday, April 22, 2008)]
[House]
[Pages H2497-H2499]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  WILD MONONGAHELA ACT: A NATIONAL LEGACY FOR WEST VIRGINIA'S SPECIAL 
                                 PLACES

  Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5151) to designate as wilderness additional National Forest 
System lands in the Monongahela National Forest in the State of West 
Virginia, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5151

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Wild Monongahela Act: A 
     National Legacy for West Virginia's Special Places''.

     SEC. 2. DESIGNATION OF WILDERNESS, MONONGAHELA NATIONAL 
                   FOREST, WEST VIRGINIA.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act (16 U.S.C. 1131 et seq.), the following 
     Federal lands within the Monongahela National Forest in the 
     State of West Virginia are designated as wilderness and as 
     either a new component of the National Wilderness 
     Preservation System or as an addition to an existing 
     component of the National Wilderness Preservation System:
       (1) Certain Federal land comprising approximately 5,144 
     acres, as generally depicted on the map entitled ``Big Draft 
     Proposed Wilderness'' and dated March 11, 2008, which shall 
     be known as the ``Big Draft Wilderness''.
       (2) Certain Federal land comprising approximately 11,951 
     acres, as generally depicted on the map entitled ``Cranberry 
     Expansion Proposed Wilderness'' and dated March 11, 2008, 
     which shall be added to and administered as part of the 
     Cranberry Wilderness designated by section 1(1) of Public Law 
     97-466 (96 Stat. 2538).
       (3) Certain Federal land comprising approximately 7,156 
     acres, as generally depicted on the map entitled ``Dolly Sods 
     Expansion Proposed Wilderness'' and dated March 11, 2008, 
     which shall be added to and administered as part of the Dolly 
     Sods Wilderness designated by section 3(a)(13) of Public Law 
     93-622 (88 Stat. 2098).
       (4) Certain Federal land comprising approximately 698 
     acres, as generally depicted on the map entitled ``Otter 
     Creek Expansion Proposed Wilderness'' and dated March 11, 
     2008, which shall be added to and administered as part of the 
     Otter Creek Wilderness designated by section 3(a)(14) of 
     Public Law 93-622 (88 Stat. 2098).
       (5) Certain Federal land comprising approximately 6,792 
     acres, as generally depicted on the map entitled ``Roaring 
     Plains Proposed Wilderness'' and dated March 11, 2008, which 
     shall be known as the ``Roaring Plains West Wilderness''.
       (6) Certain Federal land comprising approximately 6,030 
     acres, as generally depicted on the map entitled ``Spice Run 
     Proposed Wilderness'' and dated March 11, 2008, which shall 
     be known as the ``Spice Run Wilderness''.
       (b) Maps and Legal Description.--
       (1) Filing and availability.--As soon as practicable after 
     the date of the enactment of this Act, the Secretary of 
     Agriculture, acting through the Chief of the Forest Service, 
     shall file with the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a map and legal description 
     of each wilderness area designated or expanded by subsection 
     (a). The maps and legal descriptions shall be on file and 
     available for public inspection in the office of the Chief of 
     the Forest Service and the office of the Supervisor of the 
     Monongahela National Forest.
       (2) Force and effect.--The maps and legal descriptions 
     referred to in this subsection shall have the same force and 
     effect as if included in this Act, except that the Secretary 
     may correct errors in the maps and descriptions.
       (c) Administration.--Subject to valid existing rights, the 
     Federal lands designated as wilderness by subsection (a) 
     shall be administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.). The Secretary may 
     continue to authorize the competitive running event permitted 
     from 2003 through 2007 in the vicinity of the boundaries of 
     the Dolly Sods Wilderness addition designated by paragraph 
     (3) of subsection (a) and the Roaring Plains West Wilderness 
     Area designated by paragraph (5) of such subsection, in a 
     manner compatible with the preservation of such areas as 
     wilderness.
       (d) Effective Date of Wilderness Act.--With respect to the 
     Federal lands designated as wilderness by subsection (a), any 
     reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to 
     the effective date of the Wilderness Act shall be deemed to 
     be a reference to the date of the enactment of this Act.
       (e) Fish and Wildlife.--As provided in section 4(d)(7) of 
     the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this 
     section affects the jurisdiction or responsibility of the 
     State of West Virginia with respect to wildlife and fish.

     SEC. 3. BOUNDARY ADJUSTMENT, LAUREL FORK SOUTH WILDERNESS, 
                   MONONGAHELA NATIONAL FOREST.

       (a) Boundary Adjustment.--The boundary of the Laurel Fork 
     South Wilderness designated by section 1(3) of Public Law 97-
     466 (96 Stat. 2538) is modified to exclude two parcels of 
     land, as generally depicted on the map entitled ``Monongahela 
     National Forest Laurel Fork South Wilderness Boundary 
     Modification'' and dated March 11, 2008, and more 
     particularly described according to the site-specific maps 
     and legal descriptions on file in the office of the Forest 
     Supervisor, Monongahela National Forest. The general map 
     shall be on file and available for public inspection in the 
     Office of the Chief of the Forest Service.
       (b) Management.--Federally owned land delineated on the 
     maps referred to in subsection (a) as the Laurel Fork South 
     Wilderness, as modified by such subsection, shall continue to 
     be administered by the Secretary of Agriculture in accordance 
     with Wilderness Act (16 U.S.C. 1131 et seq.). Any reference 
     in the Wilderness Act to the effective date of that Act shall 
     be deemed to be a reference to the effective date of Public 
     Law 97-466 and this Act.

     SEC. 4. MONONGAHELA NATIONAL FOREST BOUNDARY CONFIRMATION.

       The boundary of the Monongahela National Forest is 
     confirmed to include the tracts of land as generally depicted 
     on the map entitled ``Monongahela National Forest

[[Page H2498]]

     Boundary Confirmation'' and dated March 13, 2008, and all 
     Federal lands under the jurisdiction of the Secretary of 
     Agriculture, acting through the Chief of the Forest Service, 
     encompassed within such boundary shall be managed under the 
     laws and regulations pertaining to the National Forest 
     System.

     SEC. 5. ENHANCED TRAIL OPPORTUNITIES.

       (a) Plan.--
       (1) In general.--The Secretary of Agriculture, in 
     consultation with interested parties, shall develop a plan to 
     provide for enhanced nonmotorized recreation trail 
     opportunities on lands not designated as wilderness within 
     the Monongahela National Forest.
       (2) Nonmotorized recreation trail defined.--For the 
     purposes of this subsection, the term ``nonmotorized 
     recreation trail'' means a trail designed for hiking, 
     bicycling, and equestrian use.
       (b) Report.--Not later than two years after the date of the 
     enactment of this Act, the Secretary of Agriculture shall 
     submit to Congress a report on the implementation of the plan 
     required under subsection (a), including the identification 
     of priority trails for development.
       (c) Consideration of Conversion of Forest Roads to 
     Recreational Uses.--In considering possible closure and 
     decommissioning of a Forest Service road within the 
     Monongahela National Forest after the date of the enactment 
     of this Act, the Secretary of Agriculture, in accordance with 
     applicable law, may consider converting the road to 
     nonmotorized uses to enhance recreational opportunities 
     within the Monongahela National Forest.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
West Virginia (Mr. Rahall) and the gentleman from Tennessee (Mr. 
Duncan) each will control 20 minutes.
  The Chair recognizes the gentleman from West Virginia.


                             General Leave

  Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  Mr. RAHALL. Today, it is my privilege to bring to the floor of the 
House of Representatives the ``Wild Monongahela Act: A National Legacy 
for West Virginia's Special Places.''
  This legislation is supported by the entire West Virginia delegation: 
In this body, my colleagues Representatives Alan Mollohan and Shelley 
Moore Capito, and in the other body, our Senators, Robert C. Byrd and 
Jay Rockefeller.
  The pending measure would designate 37,771 acres of Federal land as 
wilderness within the Monongahela National Forest.
  Included in this legislation is the expansion of three existing 
wilderness areas: Cranberry, Dolly Sods and Otter Creek. Additionally, 
three new wilderness areas would be established: The Big Draft, the 
Roaring Plains West, and Spice Run.
  The issue of wilderness has captivated many Americans since the 
passage of the Wilderness Act in 1964. According to this landmark 
statute, these are places ``where the Earth and its community of life 
are untrammeled by man, where man himself is a visitor who does not 
remain.''
  To be in a wilderness area is, to me, truly a humbling experience. To 
be part of designating wilderness is even more humbling because 
wilderness is an effort to retain the landscape as God has created it.
  As the Reverend Dennis Sparks, Executive Director of the West 
Virginia Council of Churches wrote to me, and I quote, ``We believe 
that carefully protecting this wonderful national forest and its 
wilderness-quality lands not only has a sound biblical basis, but is 
also the best and most practical course of action for safeguarding the 
world which we will pass along to our children.''
  A great many people have worked to make this legislation possible: 
Matt Keller, Dave Saville, Mary Wimmer, Beth Little, Mayor John 
Manchester of Lewisburg, West Virginia, Bob Bittner, Jr., Mike Price, 
as well as the Reverend Sparks. And there are many others with whom 
I've hiked and with who I've worked on this legislation for which time 
will not allow me to name them all.
  I would also like to express my appreciation to the Monongahela 
National Forest Supervisor, Clyde Thompson, as well as to Sammie 
Lammie, for his excellent map making.
  And finally, to the Governor of West Virginia, Joe Manchin, and to 
the Division of our Natural Resources Director, Frank Jezioro. We have 
and will continue to work to ensure that appropriate wildlife 
management activities can take place in the areas designated by this 
bill.
  Mr. Speaker, I submit the following exchange of letters for the 
Record.

                                         House of Representatives,


                                     Committee on Agriculture,

                                   Washington, DC, April 17, 2008.
     Hon. Nick J. Rahall II,
     Chairman, Committee on Natural Resources, Longworth House 
         Office Building, Washington, DC.
       Dear Mr. Chairman: On April 2, 2008 the Committee on 
     Natural Resources favorably reported an amended version of 
     H.R. 5151, the ``Wild Monongahela Act: A National Legacy for 
     West Virginia's Special Places.'' As you are aware, the bill 
     was primarily referred to Committee of Natural Resources, 
     while the Agriculture Committee received an additional 
     referral.
       H.R. 5151 seeks, among other policy objectives, to 
     designate as ``wilderness'' certain Federal Lands within the 
     Monongahela National Forest in the State of West Virginia. 
     Clause 1(a) of Rule X confers upon the Agriculture Committee 
     jurisdiction over bills relating to forestry in general and 
     forests other than those created from the public domain. In 
     the past, the Committee on Agriculture has worked 
     cooperatively with the Committee on Natural Resources 
     regarding matters that generally concern forestry.
       It is my understanding that the Committee on Natural 
     Resources wishes to have the House of Representatives 
     consider the bill next week. Given the need to expedite this 
     legislation, I will agree to discharge H.R. 5151 from further 
     consideration by the Committee on Agriculture. I do so with 
     the understanding that this action in no way waives the 
     Committee on Agriculture's jurisdictional interests in the 
     subject matter of the legislation or serves as a precedent 
     for future referrals. Furthermore, in the event a House-
     Senate conference is requested on this matter, the Committee 
     on Agriculture reserves the right to seek the appointment of 
     conferees.
       I ask that you insert a copy of our exchange letters into 
     the Congressional Record during consideration of this measure 
     on the House floor.
       Thank: you very much for your courtesy in this matter and I 
     look forward to continued cooperation between the Committee 
     on Natural Resources and the Committee on Agriculture as we 
     deal with forestry issues in the future.
           Sincerely,
                                               Collin C. Peterson,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee On Natural Resources,

                                   Washington, DC, April 18, 2008.
     Hon. Collin C. Peterson,
     Chairman, Committee on Agriculture, Longworth H.O.B., 
         Washington, DC.
       Dear Mr. Chairman: Thank you for your letter on April 18, 
     2008, indicating jurisdictional interests in H.R. 5151, the 
     ``Wild Monongahela Act: A National Legacy for West Virginia's 
     Special Places.'' As you are aware, the Committee on Natural 
     Resources favorably reported an amended version of the bill 
     on April 2, 2008, and would like to have the House of 
     Representatives consider the legislation next week.
       I acknowledge your jurisdictional interests in the bill, 
     and note that the Committee on Natural Resources and the 
     Committee on Agriculture have had a history of working 
     cooperatively on matters that generally concern forestry. I 
     appreciate your willingness to discharge the bill without 
     further consideration by the Agriculture Committee and 
     understand that this action will in no way waive your 
     Committee's jurisdictional interests in the subject matter of 
     the legislation or serve as a precedent for future referrals.
       Furthermore, in the event that a conference with the Senate 
     is requested on this matter, I would support naming 
     Agriculture Committee members to the conference committee. A 
     copy of our exchange letters regarding this bill will be 
     inserted into the Congressional Record during floor 
     consideration.
       Thank you for your courtesy in this matter and I look 
     forward to continued cooperation between our respective 
     Committees as we deal with forestry issues in the future.
       With warm regards, I am
           Sincerely,
                                                Nick J. Rahall II,
                                                         Chairman.

  I reserve the balance of my time.
  Mr. DUNCAN. Mr. Speaker, at this time I yield such time as she may 
consume to the gentlelady from West Virginia (Mrs. Capito).
  Mrs. CAPITO. Mr. Speaker, I rise today on Earth Day in support of 
H.R. 5151, the Wild Monongahela Act: A National Legacy for West 
Virginia's Special Places, introduced by my colleague from West 
Virginia's Third District and the chairman of the Natural Resources 
Committee, Congressman Nick Rahall.
  I'm proud to be an original cosponsor of this important legislation, 
and I

[[Page H2499]]

commend the chairman for all of his hard work on this bill.
  In 1964, Congress enacted the Wilderness Act that permanently 
protected some of the most natural and undisturbed places in America. 
Today the U.S. Forest Service preserves the natural and cultural 
resources and values of the forest system, including those of the 
Monongahela National Forest for the enjoyment, education and 
inspiration of this and future generations.
  West Virginia's wilderness is part of our history and heritage, and 
it is passed on as a legacy. This bipartisan bill will protect 
approximately 38,000 acres of the Mon Forest in West Virginia through 
the designation of three additional wilderness areas and expansion of 
three existing Federal wilderness areas including: Big Draft, Cranberry 
Expansion, Dolly Sods Expansion, Dry Fork Expansion, Roaring Plains 
West and Spice Run.
  West Virginia's national forest provides an excellent outdoor 
experience with our State's majestic mountains, winding rivers and 
superb hunting, camping, fishing, backpacking and other activities. 
Protecting these additional acres of pristine forest will ensure that 
future generations will be able to enjoy the natural beauty of our home 
State of West Virginia.
  Over the last several months I've engaged in discussion with many of 
my constituents, many whom are avid hunters, anglers, mountain bikers 
and outdoorsmen who have a unique and vested interest in the impact of 
the wilderness designation on their local community. The people of this 
area are well acquainted with wilderness, and H.R. 5151 reflects their 
desire to preserve their natural treasures, while maintaining important 
flexibility for the local residents.
  Mr. Speaker, this bill is vitally important to guaranteeing that 
future generations of Americans can experience the natural wonder and 
beauty of West Virginia. I applaud Chairman Rahall and his staff for 
all of their hard work on this bill and all those in West Virginia who 
have seen it come to this point.
  I encourage my colleagues to support the legislation, and I encourage 
each of them to experience firsthand the pristine natural beauty of 
West Virginia and the Mon National Forest.
  Mr. RAHALL. Mr. Speaker, I have no further requests for time. But, in 
conclusion, I want to commend the staff of our Natural Resources 
Committee as well, Mr. Jim Zoia, who's been with me for numerous years 
and knows our people in West Virginia, has been with this legislation 
almost daily.
  Rick Healy, our chief counsel. And I wish as well to commend the 
ranking minority member on my committee, Mr. Don Young, for his 
assistance and willingness to work with us on this as well, and today's 
acting ranking member, Mr. Jimmy Duncan, for his help on this 
legislation.
  I have no further requests for time, and I'll reserve, pending any 
further requests that the ranking member has.
  Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 5151 will designate portions of the Monongahela National Forest 
in West Virginia as wilderness, and it is my understanding that Members 
of Congress whose districts are affected support the bill.
  Although we should give considerable deference to those who have been 
elected to represent the people in the area, I do not necessarily agree 
that wilderness designation is always the wisest conservation decision 
we can make. Wilderness designation is the most restrictive policy we 
can impose on an area, and there are often far better, more creative 
ways to conserve our forests and other natural areas. In many 
instances, it is a mistake to foreclose active management options that 
can improve fish and game habitat, increase recreational access and 
lessen the severity of wildfires. And to protect our economic well-
being, provide jobs for young people and protect our national security, 
our country is going to need continued access to the rich resources our 
own public lands provide.
  We now have over 100 million acres in wilderness areas, and we keep 
adding to that at a record level. And we are very close to getting to 
the point where that's beginning to hurt us economically at a time when 
we don't need more blows to our economy.
  Nevertheless, I do wish the people of West Virginia good luck living 
around these wilderness areas, and I know that they, like the people of 
my State, will in the long run prove to be better guardians of their 
mountains, rivers and wildlife than bureaucrats in Washington.
  I yield back the balance of my time.
  Mr. RAHALL. I yield back, Mr. Speaker.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from West Virginia (Mr. Rahall) that the House suspend the 
rules and pass the bill, H.R. 5151, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________