[House Report 106-500]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-500
======================================================================
WILSON CREEK, NORTH CAROLINA, NATIONAL SCENIC RIVER
_______
February 29, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 1749]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1749) to designate Wilson Creek in Avery and Caldwell
Counties, North Carolina, as a component of the National Wild
and Scenic Rivers System, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. DESIGNATION OF WILSON CREEK IN NORTH CAROLINA AS A WILD,
SCENIC, AND RECREATIONAL RIVER.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended by adding at the end the following new paragraph:
``(161) Wilson Creek, North Carolina.--(A) The 23.3 mile segment of
Wilson Creek in the State of North Carolina from its headwaters to its
confluence with Johns River, to be administered by the Secretary of
Agriculture in the following classifications:
``(i) The 2.9 mile segment from its headwaters below Calloway
Peak downstream to the confluence of Little Wilson Creek, as a
scenic river.
``(ii) The 4.6 segment from Little Wilson Creek downstream to
the confluence of Crusher Branch, as a wild river.
``(iii) The 15.8 segment from Crusher Branch downstream to
the confluence of Johns River, as a recreational river.
``(B) The Forest Service or any other agency of the Federal
Government may not undertake condemnation proceedings for the purpose
of acquiring public right-of-way or access to Wilson Creek against the
private property of T. Henry Wilson, Jr., or his heirs or assigns,
located in Avery County, North Carolina (within the area 36+, 4 min.,
21 sec. North 81+, 47 min., 37+ West and 36+, 3 min., 13 sec. North and
81+ 45 min. 55 sec. West), in the area of Wilson Creek designated as a
wild river.''.
Purpose of the Bill
The purpose of H.R. 1749 is to designate Wilson Creek in
Avery and Caldwell Counties, North Carolina, as a component of
the National Wild and Scenic Rivers System.
Background and Need for Legislation
Wilson Creek in North Carolina is a 23.3 mile free-flowing
mountain stream that starts on Calloway Peak near Grandfather
Mountain and empties into Johns River. It is home to a
multitude of fish species and plant life, and serves as habitat
for thousands of animals which live along its banks.
In 1990, the Forest Service began conducting a study to
determine eligibility of Wilson Creek as a potential component
of the National Scenic and Rivers System. The result was that
Wilson Creek was eligible and suitable as a wild and scenic
river ``based on its outstanding remarkable scenic,
recreational, geologic, fishery, botanical, historical, and
cultural values.''
There is a great deal of local support. Both the Avery and
Caldwell County Commissioners have formally approved a
resolution in support of the designation for Wilson Creek.
Congressional action is required for a Wild and Scenic River
designation.
Committee Action
H.R. 1749 was introduced on May 11, 1999, by Congressman
Cass Ballenger (R-NC). The bill was referred to the Committee
on Resources and within the Committee to the Subcommittee on
Forests and Forest Health. The Subcommittee held a hearing on
August 3, 1999, where Mr. Ballenger and the U.S. Forest Service
testified in support of the bill. On November 2, 1999, the
Subcommittee met to consider the bill. Chairman Helen
Chenoweth-Hage (R-ID) offered an amendment to correct the name
of an individual mentioned in the bill. The amendment was
adopted by voice vote, and the bill, as amended, was favorably
reported to the Full Committee on Resources by voice vote. On
February 16, 2000, the Full Committee met to consider the bill.
No further amendments were offered and the bill, as amended,
was ordered favorably reported to the House of Representatives
by voice vote.
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 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. At the time of filing this
report, the Committee on Resources had not received a cost
estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974; the Committee will print the
cost estimate in the Congressional Record when it becomes
available. The Committee believes that enactment of the bill
will entail no costs and that it will have no effect on the
federal budget as a whole.
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. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 3 OF THE WILD AND SCENIC RIVERS ACT
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) * * *
* * * * * * *
(161) Wilson Creek, North Carolina.--(A) The 23.3 mile
segment of Wilson Creek in the State of North Carolina from its
headwaters to its confluence with Johns River, to be
administered by the Secretary of Agriculture in the following
classifications:
(i) The 2.9 mile segment from its headwaters below
Calloway Peak downstream to the confluence of Little
Wilson Creek, as a scenic river.
(ii) The 4.6 segment from Little Wilson Creek
downstream to the confluence of Crusher Branch, as a
wild river.
(iii) The 15.8 segment from Crusher Branch downstream
to the confluence of Johns River, as a recreational
river.
(B) The Forest Service or any other agency of the Federal
Government may not undertake condemnation proceedings for the
purpose of acquiring public right-of-way or access to Wilson
Creek against the private property of T. Henry Wilson, Jr., or
his heirs or assigns, located in Avery County, North Carolina
(within the area 36+, 4 min., 21 sec. North 81+, 47 min., 37+
West and 36+, 3 min., 13 sec. North and 81+ 45 min. 55 sec.
West), in the area of Wilson Creek designated as a wild river.