[House Report 111-262]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-262
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UPPER ELK RIVER WILD AND SCENIC STUDY ACT
_______
September 21, 2009.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3113]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred 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, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 3113 is 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.
Background and Need for Legislation
The five-mile section of the Upper Elk River detailed in
H.R. 3113 runs from the confluence of the Old Field Fork and
the Big Spring Fork in Pocahontas County, West Virginia, to the
Randolph County line. The river is known by both international
and local fishermen for its abundance of naturally reproducing
wild trout, including Brook, Brown, and Rainbow. A combination
of undeveloped state and federal lands abut the river segment.
In February 2009, the Pocahontas County Commissioners
requested a wild and scenic rive study be conducted on this
portion of the river, which is known as the ``Slaty'' segment
of the Elk River.
Committee Action
H.R. 3113 was introduced by Natural Resources Committee
Chairman Nick Rahall (D-WV) on July 7, 2009. The bill was
referred to the Committee on Natural Resources, and within the
Committee to the Subcommittee on National Parks, Forests and
Public Lands.
On July 30, 2009, the Subcommittee on National Parks,
Forests and Public Lands held a hearing on the bill. The Forest
Service testified in favor of H.R. 3113.
On September 10, 2009, the full Natural Resources Committee
met to consider the bill. The Subcommittee was discharged from
further consideration of the legislation. The bill was ordered
favorably reported to the House of Representatives by unanimous
consent.
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 Natural 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. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
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. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3113--Upper Elk River Wild and Scenic Study Act
H.R. 3113 would require the Secretary of Agriculture to
study a 5-mile segment of the Elk River for potential addition
to the Wild and Scenic Rivers System. The segment lies within
the Monongahela National Forest in Virginia. Assuming the
availability of appropriated funds, CBO estimates that
preparing the study required by H.R. 3113 would cost about
$300,000 over the next three years. Enacting the legislation
would not affect revenues or direct spending.
The bill 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.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Earmark Statement
H.R. 3113 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
WILD AND SCENIC RIVERS ACT
* * * * * * *
Sec. 5. (a) The following rivers are hereby designated for
potential addition to the national wild and scenic rivers
system:
(1) * * *
( ) 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.
* * * * * * *
(b)(1) * * *
* * * * * * *
( ) 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.
* * * * * * *