NEW RIVER WILD AND SCENIC STUDY ACT OF 1992

AUGUST 10, 1992.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. MILLER of California, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany H.R. 5021]

[Including cost estimate of the Congressional Budget Office]

The Committee on Interior and Insular Affairs, to whom was referred the bill (H.R. 5021) to amend the Wild and Scenic Rivers Act for the purposes of determining the eligibility and suitability of designating a segment of the New River as a national wild and scenic river, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.

The amendment (stated in terms of the page and line numbers of the introduced bill) is as follows:

Page 2, beginning on line 5, strike all that follows to the semicolon on line 9 and insert in lieu thereof the following:

() NEW RIVER, WEST VIRGINIA AND VIRGINIA. The segment defined by public lands commencing at the U.S. Route 460 bridge over the New River in Virginia to the maximum summer pool elevation (one thousand four hundred and ten feet above mean sea level) of Bluestone Lake in West Virginia

PURPOSE

H.R. 50211 would require a study of a segment of the New River within Virginia and West Virginia for possible designation as a component of the National Wild and Scenic Rivers System and management under the Wild and Scenic Rivers Act.

'H.R. 5021 was introduced by Representative Rahall on April 29, 1992.

BACKGROUND AND NEED

The segment of the New River covered by the bill extends about 19.5 miles, from the point in Virginia where U.S. Route 460 crosses the river downstream to the point of the maximum summer pool elevation of Bluestone Lake, in West Virginia.

This is the part of the New River where the stream leaves the ridge-and-valley physiographic province, and enters the rolling uplands of the Appalachian Plateau.

All of the land adjoining this segment of the river is owned by the United States. The river segment reportedly has no paved road access and is remote and essentially undeveloped. During the 19th Century, so-called "bateaux chutes" were blasted through some shoal areas to facilitate passage of "bateaux boats," long and narrow craft (drawing less than two feet of water) used for earlyday transportation. Evidently these chutes are no longer readily detected, but nonetheless allow continued use of canoes in low water period when other area waterways are too low for passage.

THE COMMITTEE AMENDMENT

The Committee adopted an amendment to add the portion of the river downstream from the bridge carrying U.S. Route 460 across the river to the West Virginia-Virginia State line. The effect of the amendment is to require a study of a total of about 19.5 miles of the river.

SECTION-BY-SECTION ANALYSIS

Section 1 provides a short title, namely the "New River Wild and Scenic Study Act of 1992"

Section 2 would amend section 5(a) of the Wild and Scenic Rivers Act so as to add the specified segment of the New River to the list of rivers required to be studied for possible designation as components of the National Wild and Scenic Rivers System. This section also specifies that enactment of the bill will not affect or impair the management of the existing Bluestone project or the ability of any U.S. agency to carry out the purposes of that project. This section would require the Secretary of the Interior to carry out the study of the specified river segment, and to report the results thereof, within one year after enactment.

The Committee understands that plans for a proposed Appalachian Power Company electrical transmission line that would cross this segment of the river are now under review. A Federal right-ofway would be required for this line to use Federal lands. The Committee has also been informed that some consideration is being given to the possible establishment of a parkway for automobile travel that might involve some of the lands within the area that would be covered by the study mandated by this bill; nothing in H.R. 5021 would preclude such an undertaking.

LEGISLATIVE HISTORY AND COMMITTEE RECOMMENDATION

H.R. 5021 was introduced on April 29, 1992. The Subcommittee on National Parks and Public Lands held a hearing on H.R. 5021 on June 30, 1992, and on July 23, 1992, adopted an amendment and

favorably reported the bill, as so amended, to the Full Committee. The Committee on Interior and Insular Affairs on July 29, 1992, adopted an amendment and ordered the bill as so amended favorably reported to the House by a voice vote.

CHANGES IN EXISTING LAW

In compliance with clause 3 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:

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3 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 italics, existing law in which no change is proposed is shown in roman):

SECTION 5 OF THE WILD AND SCENIC RIVERS ACT

SEC. 5. (a) The following rivers are hereby designated for potential addition to the wild and scenic rivers system:

(1)

() NEW RIVER, West VirgiNIA AND VIRGINIA.-The segment defined by public lands commencing at the U.S. Route 460 bridge over the New River in Virginia to the maximum summer pool elevation (one thousand four hundred and ten feet above mean sea level) of Bluestone Lake in West Virginia; by the Secretary of the Interior. Nothing in this Act shall affect or impair the management of the Bluestone project or the authority of any department, agency or instrumentality of the United States to carry out the project purposes of that project as of the date of enactment of this paragraph. The study of the river segment identified in this paragraph shall be completed and reported on within one year after the date of enactment of this paragraph.

OVERSIGHT STATEMENT

The Committee on Interior and Insular Affairs will have continuing responsibility for oversight of the implementation of H.R. 5021 after its enactment. No reports or recommendations were received pursuant to Rule X clause 2(b)(2) of the Rules of the House of Representatives.

INFLATIONARY IMPACT; COST; AND BUDGET ACT COMPLIANCE

In the opinion of the Committee, enactment of H.R. 5021 will have no inflationary impact on the national economy and will involve only costs that are reasonable in view of the benefits derived. The estimate of the Congressional Budget Office follows: