Legislation Submitted for Elk to be Studied for Possible Wild and Scenic Designation

House of Representatives Bill No. 3113, Upper Elk River Wild & Scenic Study Act.

You can also view it in PDF format.

What this means is that this sort of realistic appraisal of this environmental jewel should have preceded the notion of a huge regional system. The problem has been that concerns have not been broadly based and the project from the start was driven entirely by Snowshoe and Trasher Engineering with no regard to an environmental overview.

Below is a letter of support from the Pocahontas County Convention & Visitors Bureau.

You can also view it in PDF format.

This morning, Gil Willis, Tom Shipley and I appeared before the Subcommittee on National Parks, Forests and Public Lands, Committee on Natural Resources U.S. House of Representatives and gave testimony concerning support for a study of the upper Elk River for possible inclusion in the National Wild and Scenic Rivers System. Congressman Rahall and his staff warmly received us and it appeared our remarks were well accepted by the Subcommittee.

Where's Retta stand on this issue? Is she still fighting you guys over the eminent domain issue? She needs to be helpful rather than hurtful to this cause!!!

Questions & Answers

What is a National Wild and Scenic River?

It is a free-flowing river or river segment, with outstanding natural, cultural, scenic or recreational values, that has been designated by an act of Congress or by the Secretary of the Interior as a part of the National Wild and Scenic Rivers System. In 1968, the U.S. Congress established this system to conserve certain selected rivers and their related lands. The Act protects important resources for the benefit and enjoyment of present and future generations.

When the Congress created the National Wild and Scenic Rivers System, it envisioned a cooperative system that would rely on the combined efforts of state, local, and federal governments along with individual citizens and non-government organizations. The system was intended to be flexible enough to provide a means for communities to protect their rivers in a way that is sensitive to the needs and concerns of the people who live, work, and recreate along the rivers.

Why are rivers included in the Wild and Scenic Rivers System?

Some of the more prominent rivers in America can be included as a way of providing national recognition--a "hall of fame"--for great rivers that are an important part of our nation's history and are a legacy to future generations. Other rivers may be included because their values are threatened by development.

The system is a way for people to decide about the future of their river before its values are lost, and to provide specialized management that may be needed. Recently, this group of rivers has been growing in numbers.
How does the National Wild and Scenic Rivers System work?

Presently, 140 rivers have been designated in 33 states. A designated area may include the entire river or certain sections, or it may include certain tributaries, depending on the location of the outstanding features. Since the condition and management needs of each river vary across the United States, there are three classifications of rivers in the system. The specific classifications are important distinctions because they affect the way a river will be managed:

* Wild rivers are free of impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These rivers represent vestiges of primitive America.
* Scenic rivers are free of impoundments, with shorelines or watersheds still largely undeveloped, but accessible in places by roads.
* Recreational rivers are readily accessible by road or railroad, may have some development along their shorelines, and may have undergone some impoundment or diversion. This classification may include rivers that flow in or near urban areas.

There is no minimum length or minimum flow by which river segments qualify for the system; a river may not be disqualified from the system because of water quality, as long as efforts are being made to attain the standards of the federal Clean Water Act.

How does the National Wild and Scenic Rivers Act protect a river?

If the river flows through land that is owned by a federal agency, the river and its related lands are directly managed in a way that conserves the area's important resources. If the river flows through land that is privately owned, the administering federal agency seeks to protect the important river-related resources through agreements with the government agencies and landowners who manage the resources. Protection is achieved by:

* identifying the important resources and their conservation needs;
* bringing together those who have jurisdiction over the important resources, such as landowners, municipal and county governments, and state agencies; and
* working together to create a mutually agreed-upon river management plan.

What is a river management plan?

It is the key to achieving river protection by focusing attention on the river's conservation needs. The river management plan is a framework for cooperative decision-making and a way to develop a sensible and cooperative conservation strategy for the river and its related lands. The plan can address a wide variety of river-related issues that concern people of the area, such as land use and conservation, resource interpretation and education, or recreation management. The plan depends on how participants of the planning process wish to manage their river. Under the National Wild and Scenic Rivers System, the federal government agrees that federal agencies will abide by the river management plan, and that their activities, such as making loans, grants, or issuing permits and licenses, will not adversely affect the river's important resources.

Is development prohibited in a river corridor that is being studied or one that is designated as a National Wild, Scenic, or Recreational River?

No. If a river is being studied for National Wild and Scenic Rivers status, or is already in the system, activities for which the federal government is responsible, such as issuing grants or permits, are reviewed and coordinated to make sure that the river's important resources are protected.

If a river is designated, can the federal government buy or take the surrounding land?

If called for in the management plan, and if funds are appropriated by Congress, the federal government may acquire land from willing sellers, as may local or state governments or non-government organizations.

Under the Wild and Scenic Rivers Act, the federal government is prohibited from condemning land for acquisition as long as the municipal or county government has an ordinance in place that implements the river management plan to the extent possible under local government jurisdiction.

Can the federal government zone private lands?

No. The federal government has no power to zone private lands. Zoning is a power of state and local governments. The Act does call on federal agencies to encourage local land use planning, but state or local governments cannot be forced to adopt ordinances.

How does National Wild and Scenic Rivers designation compare to National Park or Wilderness Area designation?

These designations are very different, but often confused with each other. The goal of a national park is to preserve the physical or biological environment. Wilderness sites are established in pristine areas or areas that are reverting to natural conditions, with the goal of preserving undeveloped places for a variety of natural and recreational values.

In contrast, National Wild and Scenic Rivers are established to maintain traditional river uses along with natural resources, scenery, recreational uses, historical values, and existing land uses within the river corridor. People play a very important, active role as part of the river's environment.

How far from the river can a National Wild and Scenic Rivers boundary extend?

The boundaries of a designated river are determined by the physical and biological characteristics of the river corridor. The corridor boundary must be sufficient to protect the important river-related resources, and may not extend beyond the river's influence. Boundaries are set according to the specific conservation needs of the river. During the study period, an interim boundary is set at one quarter mile from the mean high water level of the river.

What effect will designation have on the use of private property?

Ongoing regular uses of private lands will not be affected. River managers may work cooperatively with landowners to improve the river's water quality or habitat. The river management plan should identify types of land uses and developments that are considered compatible or incompatible with protecting the river's values.\

Will designation lead to people trespassing on privately owned property?

No. Designation does not open private lands to public access. The management plan should seek to minimize trespassing by guiding people to public facilities.

What effect would designation have on property values and the ability to sell private property?

National Wild and Scenic Rivers enjoy a measure of predictability relative to future compatible land uses and development. It has been shown that because scenic and other values are maintained, designation has a positive impact on property values. The ability to buy and sell property is not affected by designation.

How can landowners, citizens, and local interest groups participate in a National Wild and Scenic Rivers Study?

Public involvement is the most important ingredient in the study process. Formation of a Citizen's Task Force is a normal part of the study process. Through the Task Force, local issues related to the river can be identified, and ways to address those issues can be established. It is through this process that local citizens can develop a plan requiring federal agencies' compliance.

Here is yet another reason to value a water source like the Elk:

LOS ANGELES (Reuters) - Scientists have detected mercury contamination in every one of hundreds of fish sampled from 291 freshwater streams, according to a U.S. government study released on Wednesday.

More than a quarter of those fish contained concentrations of mercury exceeding levels set by the Environmental Protection Agency for the protection of people who eat average amounts of fish, the U.S. Geological Survey report said.

More than two-thirds exceeded the EPA-set level of concern for fish-eating mammals.

"This study shows just how widespread mercury pollution has become in our air, watersheds, and many of our fish in freshwater streams," Interior Secretary Ken Salazar said in a statement. The USGS is part of the Interior Department.