[House Report 106-500]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-500

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          WILSON CREEK, NORTH CAROLINA, NATIONAL SCENIC RIVER

                                _______
                                

 February 29, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1749]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1749) to designate Wilson Creek in Avery and Caldwell 
Counties, North Carolina, as a component of the National Wild 
and Scenic Rivers System, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. DESIGNATION OF WILSON CREEK IN NORTH CAROLINA AS A WILD, 
                    SCENIC, AND RECREATIONAL RIVER.

  Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended by adding at the end the following new paragraph:
  ``(161) Wilson Creek, North Carolina.--(A) The 23.3 mile segment of 
Wilson Creek in the State of North Carolina from its headwaters to its 
confluence with Johns River, to be administered by the Secretary of 
Agriculture in the following classifications:
          ``(i) The 2.9 mile segment from its headwaters below Calloway 
        Peak downstream to the confluence of Little Wilson Creek, as a 
        scenic river.
          ``(ii) The 4.6 segment from Little Wilson Creek downstream to 
        the confluence of Crusher Branch, as a wild river.
          ``(iii) The 15.8 segment from Crusher Branch downstream to 
        the confluence of Johns River, as a recreational river.
  ``(B) The Forest Service or any other agency of the Federal 
Government may not undertake condemnation proceedings for the purpose 
of acquiring public right-of-way or access to Wilson Creek against the 
private property of T. Henry Wilson, Jr., or his heirs or assigns, 
located in Avery County, North Carolina (within the area 36+, 4 min., 
21 sec. North 81+, 47 min., 37+ West and 36+, 3 min., 13 sec. North and 
81+ 45 min. 55 sec. West), in the area of Wilson Creek designated as a 
wild river.''.

                          Purpose of the Bill

    The purpose of H.R. 1749 is to designate Wilson Creek in 
Avery and Caldwell Counties, North Carolina, as a component of 
the National Wild and Scenic Rivers System.

                  Background and Need for Legislation

    Wilson Creek in North Carolina is a 23.3 mile free-flowing 
mountain stream that starts on Calloway Peak near Grandfather 
Mountain and empties into Johns River. It is home to a 
multitude of fish species and plant life, and serves as habitat 
for thousands of animals which live along its banks.
    In 1990, the Forest Service began conducting a study to 
determine eligibility of Wilson Creek as a potential component 
of the National Scenic and Rivers System. The result was that 
Wilson Creek was eligible and suitable as a wild and scenic 
river ``based on its outstanding remarkable scenic, 
recreational, geologic, fishery, botanical, historical, and 
cultural values.''
    There is a great deal of local support. Both the Avery and 
Caldwell County Commissioners have formally approved a 
resolution in support of the designation for Wilson Creek. 
Congressional action is required for a Wild and Scenic River 
designation.

                            Committee Action

    H.R. 1749 was introduced on May 11, 1999, by Congressman 
Cass Ballenger (R-NC). The bill was referred to the Committee 
on Resources and within the Committee to the Subcommittee on 
Forests and Forest Health. The Subcommittee held a hearing on 
August 3, 1999, where Mr. Ballenger and the U.S. Forest Service 
testified in support of the bill. On November 2, 1999, the 
Subcommittee met to consider the bill. Chairman Helen 
Chenoweth-Hage (R-ID) offered an amendment to correct the name 
of an individual mentioned in the bill. The amendment was 
adopted by voice vote, and the bill, as amended, was favorably 
reported to the Full Committee on Resources by voice vote. On 
February 16, 2000, the Full Committee met to consider the bill. 
No further amendments were offered and the bill, as amended, 
was ordered favorably reported to the House of Representatives 
by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. At the time of filing this 
report, the Committee on Resources had not received a cost 
estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974; the Committee will print the 
cost estimate in the Congressional Record when it becomes 
available. The Committee believes that enactment of the bill 
will entail no costs and that it will have no effect on the 
federal budget as a whole.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

              SECTION 3 OF THE WILD AND SCENIC RIVERS ACT

  Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
  (1)  * * *

           *       *       *       *       *       *       *

  (161) Wilson Creek, North Carolina.--(A) The 23.3 mile 
segment of Wilson Creek in the State of North Carolina from its 
headwaters to its confluence with Johns River, to be 
administered by the Secretary of Agriculture in the following 
classifications:
          (i) The 2.9 mile segment from its headwaters below 
        Calloway Peak downstream to the confluence of Little 
        Wilson Creek, as a scenic river.
          (ii) The 4.6 segment from Little Wilson Creek 
        downstream to the confluence of Crusher Branch, as a 
        wild river.
          (iii) The 15.8 segment from Crusher Branch downstream 
        to the confluence of Johns River, as a recreational 
        river.
  (B) The Forest Service or any other agency of the Federal 
Government may not undertake condemnation proceedings for the 
purpose of acquiring public right-of-way or access to Wilson 
Creek against the private property of T. Henry Wilson, Jr., or 
his heirs or assigns, located in Avery County, North Carolina 
(within the area 36+, 4 min., 21 sec. North 81+, 47 min., 37+ 
West and 36+, 3 min., 13 sec. North and 81+ 45 min. 55 sec. 
West), in the area of Wilson Creek designated as a wild river.

                                  
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