[Senate Report 111-156]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 306
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-156

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               UPPER ELK RIVER WILD AND SCENIC STUDY ACT

                                _______
                                

                 March 2, 2010.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 3113]

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

                                Purpose

    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 of the 
National Wild and Scenic Rivers System.

                          Background and Need

    The five-mile section of the Upper Elk River in West 
Virginia designated for study by H.R. 3113 flows through a 
small canyon alongside a non-operational railroad. The river 
corridor includes hardwood forests and large boulders with 
occasional views of the railroad tracks. The stream is popular 
with anglers and supports populations of wild brown, rainbow, 
and native brook trout.
    This section of the river runs from the confluence of the 
Old Field Fork and the Big Spring Fork in Pocahontas County, 
West Virginia, to the Randolph County line. In February 2009, 
the Pocahontas County Commissioners requested that a wild and 
scenic river study be conducted on this portion of the river, 
which is known as the ``Slaty'' segment of the Elk River.

                          Legislative History

    H.R. 3113, introduced by Representative Rahall, passed the 
House of Representatives by voice vote on September 22, 2009.
    The Subcommittee on National Parks held a hearing on the 
bill on November 4, 2009. At its business meeting on December 
16, 2009, the Committee on Energy and Natural Resources ordered 
H.R. 3113 favorably reported without amendment.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on December 16, 2009, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 3113.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Upper Elk River 
Wild and Scenic Study Act''.
    Section 2 amends Section 5(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1276(a)) to designate a 5-mile segment of the 
Elk River in West Virginia, from the confluence of the Old 
Field Fork and the Big Spring Fork in Pocahontas County, to the 
Pocahontas and Randolph County, to be studied as a potential 
addition to the Wild and Scenic Rivers System.
    Section 3 amends section 5(b) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1276(b)) to direct the Secretary of Agriculture 
to complete the study and submit to Congress a report 
containing the study's results within three years after funds 
are made available.
    Section 4 reaffirms Section 13 of the Wild and Scenic 
Rivers Act (16 U.S.C. 1284) to provide that the designation of 
the river segment in section 2 shall not be construed to affect 
access for recreational activities, including hunting, fishing, 
or trapping, otherwise allowed by law.
    Subsection (b) clarifies, consistent with section 13 of the 
Wild and Scenic Rivers Act, the designation of the river 
segment in section 2 shall not be construed to affect the 
authority, jurisdiction, or responsibility of the relevant 
States to manage, control, or regulate fish and resident 
wildlife under State law or regulations.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by 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 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 September 11, 2009, CBO transmitted a cost estimate for 
H.R. 3113 as ordered reported by the House Committee on Natural 
Resources on September 9, 2009. The estimated costs of the two 
versions of the legislation are the same.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, 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. 3113.
    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. 3113, as ordered reported.

                   Congressionally Directed Spending

    H.R. 3113, as reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the National Park Service at the 
November 4, 2009, Subcommittee hearing on H.R. 3113 follows:

   Statement of Katherine H. Stevenson, Associate Director, Cultural 
     Resource Stewardship and Partnerships, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to provide the Administration's views on H.R. 
3113.
    This bill amends section 5(a) of the Wild and Scenic Rivers 
Act, Public Law 90-542 (16 U.S.C. 1271-1287) to designate a 
segment of Elk River in Pocahontas County, West Virginia, for 
study as a potential addition to the National Wild and Scenic 
Rivers System. The segment that would be authorized for study 
lies entirely within the Monongahela National Forest, and is an 
approximate five-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.
    The bill provides that the study determine if the river is 
qualified for designation and, if so determined, evaluate the 
potential benefits and consequences of its designation, 
including an assessment of whether its addition to the National 
Wild and Scenic Rivers System is the best method to protect 
river values.
    This section of the Elk River flows through a small canyon 
with a parallel, non-operational railroad the only sign of 
human activity. The overall appearance of the river corridor 
from the stream is one of hardwood forests and large boulders 
with occasional views of the railroad. The river is dominated 
by many pools, separated by stretches of riffles. The stream is 
popular with anglers and supports populations of wild brown and 
rainbow trout; populations of native brook trout occur in the 
tributaries within one-quarter mile of the main channel. Karst 
limestone outcrops along the river bed create the conditions 
that cause the river to ``sink'', or go underground, during low 
flows.
    Of the land contained within a quarter mile of each side of 
the river segment, two-thirds is in federal ownership all under 
the jurisdiction of the U.S. Forest Service, an agency of the 
Department of Agriculture, with the remaining acreage in 
private ownership for a total of approximately 1,500 acres. The 
bill provides that the study address both Federal and non-
Federal lands.
    The Administration supports this legislation as it provides 
an opportunity to work with interested parties including state 
and local governments and landowners to identify river values 
and thoughtfully evaluate whether and, if desirable, how these 
values should be protected.
    This concludes my prepared statement and I would be pleased 
to answer any questions you may 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 
H.R. 1593 as ordered reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                       WILD AND SCENIC RIVERS ACT


             (Public Law 90-542; Approved October 2, 1968)


                        [16 U.S.C. 1276 et seq.]


  AN ACT To provide a National Wild and Scenic Rivers System, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
this Act be cited as the ``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:

           *       *       *       *       *       *       *

    (  ) 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) Studies and Reports.--

           *       *       *       *       *       *       *

    (  ) 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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