[House Report 111-262]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-262

======================================================================



 
               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.

           *       *       *       *       *       *       *


                                  
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