[Senate Report 106-320]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 638
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-320

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                      WILSON CREEK, NORTH CAROLINA

                                _______
                                

                 June 27, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1749]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (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, reports favorably thereon without amendment and 
recommends that the Act do pass.

                         Purpose of the Measure

    The purpose of H.R. 1749 is to designate a 23.3-mile 
segment of Wilson Creek in Avery and Caldwell Counties, North 
Carolina, as a component of the National Wild and Scenic Rivers 
System.

                          Background and Need

    Wilson Creek is located in Caldwell and Avery Counties, 
North Carolina, originating on the upper slopes of Calloway 
Peak on Grandfather Mountain. The creek flows freely for a 
distance of 23.3 miles, all except 2.1 miles being located 
within the Proclamation Boundary of the Pisgah National Forest, 
and joins Johns River in Caldwell County, North Carolina. 
Although it is within the Proclamation Boundary, the creek 
traverses both public and private lands. Approximately 12.8 
river miles and 58 percent of the \1/4\ mile wide study 
corridor is under private ownership.
    In 1987, the Final Environmental Impact Statement for the 
Nantahala and Pisgah National Forests Management Plan 
determined Wilson Creek to be eligible for inclusion in the 
National Wild and Scenic Rivers System. In 1998, members of the 
Caldwell County Commission expressed an interest in pursuing a 
Wild and Scenic River designation for Wilson Creek. County 
interests include long-term protection for the creek, 
prohibition of dams and diversions, increased public awareness 
of the creek's values, and a framework for managing issues like 
sewage discharge, trespass, and overuse of recreation sites. 
After determining that there is substantial public support for 
designation of Wilson Creek as a component of the National Wild 
and Scenic Rivers System, both Avery and Caldwell County 
Commissions have passed resolutions in support of such a 
designation.

                          Legislative History

    The House of Representatives passed H.R. 1749 on February 
29, 2000. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on H.R. 1749 on 
April 27, 2000. At its business meeting on June 7, 2000, the 
Committee on Energy and Natural Resources ordered H.R. 1749 
favorably reported.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on June 7, 2000, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 1749 as 
described herein.

                      Section-by-Section Analysis

    Section 1 amends section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) by adding a new paragraph (161) 
designating a 23.3-mile segment of Wilson Creek in the State of 
North Carolina as a component of the National Wild and Scenic 
Rivers System, and identifies the portions that are classified 
as wild, scenic, or recreational.
    New subparagraph (161)(B) prohibits the Federal Government 
from undertaking condemnation proceedings against the private 
property of T. Henry Wilson in order to acquire public right-
of-way or access to the area of Wilson Creek designated as a 
wild river.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 8, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget office has 
prepared the enclosed cost estimate for H.R. 1749, an act to 
designate Wilson Creek in Avery and Caldwell counties, North 
Carolina, as a component of the National Wild and Scenic Rivers 
System.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                           Steven Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosures.

               congressional budget office cost estimate

H.R. 1749--An act to designate Wilson Creek in Avery and Caldwell 
        counties, North Carolina, as a component of the Wild and Scenic 
        River System

    H.R. 1749 would designate a 23-mile segment of Wilson Creek 
in North Carolina as a component of the Wild and Scenic River 
System, to be administered by the U.S. Forest Service. Based on 
information provided by the Forest Service, administering the 
Wilson Creek segment would have no significant impact on 
federal spending. The river segment would remain undeveloped.
    Because H.R. 1749 would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply. The act 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
costs on state, local, or tribal governments.
    On February 29, 2000, CBO transmitted a cost estimate for 
H.R. 1749 as ordered reported by the House Committee on 
Resources on February 16, 2000. The two versions of the 
legislation are identical, as are the cost estimates.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 1749. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 1749, as ordered reported.

                        Executive Communications

    On April 27, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 1749. These 
reports had not been received at the time the report on H.R. 
1749 was filed. When the reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony provided by the 
U.S. Forest Service at the Subcommittee hearing follows:

    Statement of Randle G. Phillips, Deputy Chief for Programs and 
                  Legislation, U.S.D.A. Forest Service

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to be here today and present the 
Administration's views concerning H.R. 1749, a bill to 
designate a 23.3 mile segment of Wilson Creek, North Carolina 
as part of the National Wild and Scenic Rivers System.
    The Administration supports enactment of H.R. 1749 
designating 23.3 miles of Wilson Creek in Avery and Caldwell 
Counties, North Carolina, as a component of the National Wild 
and Scenic Rivers System. The wild, scenic and recreational 
river corridor would generally extend \1/4\ mile from the 
ordinary high water mark on each side, running the length of 
the river. Within the corridor is 9.9 miles of national forest 
system lands, 0.6 miles of Blue Ridge Parkway and 12.8 miles of 
private lands. Detailed boundaries of the entire river corridor 
will be prepared in accordance with the Wild and Scenic Rivers 
Act within a year of the river's designation.
    The outstandingly remarkable values of the Wilson Creek 
corridor include scenery, recreation, geology, fish and 
wildlife, botanical communities, and historic and cultural 
sites. Wilson Creek was identified on the 1982 Nationwide River 
Inventory (National Park Service) for potential inclusion in 
the National Wild and Scenic Rivers System. In 1987, the Final 
Environmental Impact Statement for the Nantahala and Pisgah 
National Forests Land and Resource Management Plan determined 
Wilson Creek eligible for designation.
    In December 1998, members of the Caldwell County Commission 
expressed interest in pursuing Wild and Scenic River 
designation for Wilson Creek. County interests include long 
term protection for the Creek, prohibition of dams and 
diversions, increased public awareness of the Creek's values, 
and a framework for managing issues such as sewage discharge, 
trespass, and overuse of recreation sites. County interests are 
consistent with Forest Service management objectives for the 
corridor.
    After receiving much public comment in favor of designation 
from several public meetings in both Caldwell and Avery 
Counties, the County Commissioners have passed resolutions in 
support of designation. Avery County passed its resolution 
March 29, 1999 and Caldwell County passed its April 19, 1999. 
County staff estimates 85-90% of landowners within the study 
corridor were contacted about Wild and Scenic River status. The 
County received verbal comments in support and one letter of 
concern. The one concern was specifically addressed in the 
proposed legislation.
    This concludes my statement. I would be happy to answer any 
questions you and the members of the subcommittee might have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill H.R. 1749, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, exiting 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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