II 

Calendar No. 306 

111TH CONGRESS 

2D SESSION H. R. 3113 

[Report No. 111–156] 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2009 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

MARCH 2, 2010 

Reported by Mr. BINGAMAN, without amendment 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


dcolon on DSK2BSOYB1PROD with BILLS
2 

•HR 3113 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Upper Elk River Wild 

3 and Scenic Study Act’’. 

4 SEC. 2. DESIGNATION FOR STUDY. 

5 Section 5(a) of the Wild and Scenic Rivers Act (16 

6 U.S.C. 1276(a)) is amended by adding at the end the fol7 lowing: 

8 ‘‘( ) ELK RIVER, WEST VIRGINIA.—The approxi9 mate 5-mile segment of the Elk River from the con10 fluence of the Old Field Fork and the Big Spring 

11 Fork in Pocahontas County to the Pocahontas and 

12 Randolph County line.’’. 

13 SEC. 3. STUDY AND REPORT. 

14 Section 5(b) of the Wild and Scenic Rivers Act (16 

15 U.S.C. 1276(b)) is amended by adding at the end the fol16 lowing: 

17 ‘‘( ) ELK RIVER, WEST VIRGINIA.—Not later 

18 than 3 years after funds are made available to carry 

19 out this paragraph, the Secretary of Agriculture 

20 shall complete the study of the 5-mile segment of the 

21 Elk River, West Virginia, designated for study in 

22 subsection (a), and shall submit to Congress a re23 port containing the results of the study. The report 

24 shall include an analysis of the potential impact of 

25 the designation on private lands within the 5-mile 


dcolon on DSK2BSOYB1PROD with BILLS
3 

•HR 3113 RS

1 segment of the Elk River, West Virginia, or abutting 

2 that area.’’. 

3 SEC. 4. EFFECT. 

4 (a) EFFECT ON ACCESS FOR RECREATIONAL ACTIVI5 TIES.—Consistent with section 13 of the Wild and Scenic 

6 Rivers Act (16 U.S.C. 1284), nothing in the designation 

7 made by the amendment in section 2 shall be construed 

8 as affecting access for recreational activities otherwise al9 lowed by law or regulation, including hunting, fishing, or 

10 trapping. 

11 (b) EFFECT ON STATE AUTHORITY.—Consistent 

12 with section 13 of the Wild and Scenic Rivers Act (16 

13 U.S.C 1284), nothing in the designation made by the 

14 amendment in section 2 shall be construed as affecting 

15 the authority, jurisdiction, or responsibility of the several 

16 States to manage, control, or regulate fish and resident 

17 wildlife under State law or regulations, including the regu18 lation of hunting, fishing, and trapping. 


dcolon on DSK2BSOYB1PROD with BILLS
Calendar No. 306 

111TH CONGRESS 

2D SESSION H. R. 3113 

[Report No. 111–156] 

AN ACT 

To amend the Wild and Scenic Rivers Act to desand for other purposes. to the National Wild and Scenic Rivers System, of West Virginia for study for potential addition ignate a segment of the Elk River in the State 

MARCH 2, 2010 

Reported without amendment 


dcolon on DSK2BSOYB1PROD with BILLS