[Congressional Record (Bound Edition), Volume 155 (2009), Part 12]
[Extensions of Remarks]
[Pages 16965-16966]
[From the U.S. Government Publishing Office, www.gpo.gov]




               UPPER ELK RIVER WILD AND SCENIC STUDY ACT

                                 ______
                                 

                         HON. NICK J. RAHALL II

                            of west virginia

                    in the house of representatives

                         Tuesday, July 7, 2009

  Mr. RAHALL. Madam Speaker, at the request of the Pocahontas County 
Commission of the great State of West Virginia, today I am introducing 
legislation to 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 which 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.
  The idea of preserving this river in its natural state is not 
something new. Indeed, I well recall conversations with one of West 
Virginia's visionary conservationists, former State Senator Robert K. 
Holliday, on this matter during the late 1980s and early 1990s. In 
1989, the Senate of West Virginia passed a resolution calling for the 
development of the Elk River into a national recreation area by Federal 
and State governments. And in 1993, I did propose a Wild and Scenic 
study for a 57.5 mile segment of the river. For one reason or another, 
the enthusiasm over this endeavor dissipated.
  The February 4, 2009, unanimous vote by the Pocahontas County 
Commission consisting of President Martin V. Saffer, David M. Fleming 
and Reta J. Griffith to request that a study be conducted on a much 
smaller segment of the Elk River resurrects this issue and makes it 
ripe for consideration.
  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 1800's . . . 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 of the Elk River 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.
  The legislation being introduced today states that nothing in the 
bill ``shall be construed as affecting access for recreational 
activities otherwise allowed by law or regulation, including hunting, 
fishing, or trapping.'' It further states that nothing in the measure 
``shall be construed as affecting the authority, jurisdiction, or 
responsibility of the State to manage, control, or regulate fish and 
resident wildlife under State law or regulations, including

[[Page 16966]]

the regulation of hunting, fishing, and trapping.''
  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.
  In his book entitled ``Upper River, Elk's Origins and Beyond,'' Skip 
Johnson, a long time outdoor columnist and reporter for the Charleston 
Gazette, concisely summed up the essence of our relationship with 
rivers. ``Rivers like Elk touch us in a spiritual way,'' he wrote. 
``Dave Teets, my neighbor, gave a talk on rivers at our 2004 church 
picnic. He said that rivers are important in the Bible, important to 
our soul and mind, and important to God. They also provide recreation, 
transportation, and natural boundaries. Then he made a less profound 
but equally important point: `Who hasn't spent at least a part of a day 
just watching a river roll on?'''
  I could not agree more.

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