[Congressional Record Volume 155, Number 134 (Tuesday, September 22, 2009)]
[House]
[Pages H9755-H9756]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               UPPER ELK RIVER WILD AND SCENIC STUDY ACT

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3113) to amend the Wild and Scenic Rivers Act to designate a 
segment of the Elk River in the State of West Virginia for study for 
potential addition to the National Wild and Scenic Rivers System, and 
for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3113

       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 ``Upper Elk River Wild and 
     Scenic Study Act''.

     SEC. 2. DESIGNATION FOR STUDY.

       Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1276(a)) is amended by adding at the end the following:
       ``( ) Elk river, west virginia.--The approximate 5-mile 
     segment of the Elk River from the confluence of the Old Field 
     Fork and the Big Spring Fork in Pocahontas County to the 
     Pocahontas and Randolph County line.''.

     SEC. 3. STUDY AND REPORT.

       Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1276(b)) is amended by adding at the end the following:
       ``( ) Elk river, west virginia.--Not later than 3 years 
     after funds are made available to carry out this paragraph, 
     the Secretary of Agriculture shall complete the study of the 
     5-mile segment of the Elk River, West Virginia, designated 
     for study in subsection (a), and shall submit to Congress a 
     report containing the results of the study. The report shall 
     include an analysis of the potential impact of the 
     designation on private lands within the 5-mile segment of the 
     Elk River, West Virginia, or abutting that area.''.

     SEC. 4. EFFECT.

       (a) Effect on Access for Recreational Activities.--
     Consistent with section 13 of the Wild and Scenic Rivers Act 
     (16 U.S.C. 1284), nothing in the designation made by the 
     amendment in section 2 shall be construed as affecting access 
     for recreational activities otherwise allowed by law or 
     regulation, including hunting, fishing, or trapping.
       (b) Effect on State Authority.--Consistent with section 13 
     of the Wild and Scenic Rivers Act (16 U.S.C 1284), nothing in 
     the designation made by the amendment in section 2 shall be 
     construed as affecting the authority, jurisdiction, or 
     responsibility of the several States to manage, control, or 
     regulate fish and resident wildlife under State law or 
     regulations, including the regulation of hunting, fishing, 
     and trapping.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Utah (Mr. Chaffetz) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. 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 bill under consideration.

[[Page H9756]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 3113, introduced by the chairman of the Committee on Natural 
Resources, Mr. Nick Rahall, reflects the continuing efforts by the 
people of Pocahontas County, West Virginia, to preserve and protect the 
most significant natural and historic resources that they are blessed 
with in that area.
  The pending legislation would have the National Forest Service 
conduct a study on a segment of the Elk River within the county to 
determine its eligibility for designation under the Wild and Scenic 
Rivers Act.
  On behalf of Chairman Rahall, I would like to commend the Pocahontas 
County Commission for its leadership in this matter.
  With that, I ask Members on both sides to support passage of this 
measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  We believe that the bill has been adequately explained and studied, 
and we commend the efforts of Mr. Rahall in his working with the 
Members on both sides of the aisle.
  I have no further requests for time, and I yield back the balance of 
my time.
  Mr. RAHALL. Mr. Speaker, the pending legislation would provide for a 
study to determine the feasibility and suitability of including a 
segment of the Elk River as a component of the Wild and Scenic River 
System.
  The Elk River is one of West Virginia's premier natural resource 
assets. It is the longest river in West Virginia with its boundaries 
entirely within the State. The study that would be authorized by this 
legislation, however, would focus only on that segment of the Elk where 
it begins at the confluence of two streams--Old Field Fork and Big 
Spring Fork--at the community of Slatyfork and flows North for 
approximately five miles to the Pocahontas/Randolph County line. The 
study would be conducted by the U.S. Forest Service.
  I would point out that this legislation was initiated by the 
Pocahontas County Commission which unanimously voted on February 4, 
2009, to request that a study be conducted on the segment of the Elk 
River within their county. In this regard I commend Commissioners 
Martin V. Saffer, David M. Fleming and Reta J. Griffith for their 
initiative.
  The ``Slaty'' segment of the Elk River that would be the subject of 
the study authorized by this bill, named in reference to the community 
of Slatyfork where the river begins, was described in a January 2009 
letter written by local resident Tom Shipley to the Pocahontas County 
Commission as follows: ``History abounds around, near and on the banks 
of the Elk River. She is, in a literal sense, very much as she was back 
in the early 1800s . . . one of the last rivers on the East Coast that 
has three naturally reproducing species of wild trout . . . Brook, 
Brown and Rainbow. As Big Spring Fork and Old Field merge, they form an 
impressive gateway to the Upper Elk . . . a gift from God to Pocahontas 
County.''
  Indeed, the Slaty segment is a superb fishery, and the West Virginia 
Division of Natural Resources does a good job in the area. While what 
is being proposed is a study--not a designation--and while the Wild and 
Scenic Rivers Act is very clear that nothing in the statute ``shall 
affect the jurisdiction or responsibilities of the State with respect 
to fish and wildlife,'' I am including in the legislation being 
introduced today a reaffirmation that the mere act of studying this 
segment of the Elk River will not change the status quo with respect to 
State jurisdiction.
  In my view, most people associated with this segment of the Elk River 
want to keep it the way it is. As Mr. Shipley wrote, the river is ``a 
gift of God to Pocahontas County'' and I would add, to the State of 
West Virginia and the Nation as a whole.
  I urge the adoption of the pending legislation.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support the bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 3113.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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