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Prepared Statement of Richard G. Sherwin 



STATEMENT OF FREE-WILL TESTIMONY 



The following is the free-will testimony of Richard G. 

 Sherwin, in favor of adoption of H.R. 2568 and S. 1374 as a 

 permanent part of the Congressional Record and as law. 



This testimony is the opinion of the author, based upon my 

 experiences while floating the Snake River in Hells Canyon, as 

 well as other rivers. It also reflects my opinion of certain 

 statements, made by individuals and organizations who advocate 

 exclusion in the name of access, and exclusive use, versus shared 

 use, of the public domain. 



This testimony is not intended as a personal attack on any 

 of the individuals or organizations named herein. The statements 

 and opinions of these entities are only used to demonstrate the 

 mind set of those who would pervert the usage of a public domain 

 to that of a personal playground and/or an income opportunity, in 

 the name of env i ronment a 1 i sm . 



I am not making any attempt to take sides in the commercial 

 float and power boat outfitters battle for control of business in 

 Hells Canyon. I am testifying solely as a private individual, 

 concerned about dwindling access to the private sector, as a 

 final result of that battle. 1 believe the private sector has a 

 right to recreate in the Hells Canyon National Recreation Area 

 and that commercial operators are there under privilege. If 

 those commercial operators can not get along and share the use of 

 this public area, their privilege to operate in the area should 

 be rescinded. 



It is my opinion that all use of Hells Canyon is subject to 

 regulation in order to preserve the integrity of the Hells Canyon 

 National Recreation Area. Elimination of the right of one class 

 of user group, in order to advance or enhance the experience of 

 another class of user group, is not a viable option in the Hells 

 Canyon area . 



The Snake River is a high-volume river, in terms of water 

 flow, that will adequately support both float and power boats. 

 As such, it is clearly navigable by both forms of water craft. 

 Since, as it is pointed out by the very testimony of those who 

 wish to establish exclusive use of the area, the courts have 

 ruled that "rivers that are navigable in fact are navigable in 

 law," this river should remain available to those forms of 

 watercraft capable of navigation. 



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