[House Report 106-10]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-10
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SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC RIVERS ACT
_______
February 8, 1999.--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. 193]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 193) to designate a portion of the Sudbury, Assabet, and
Concord Rivers as a component of the National Wild and Scenic
Rivers System, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 193 is to designate portions of the
Sudbury, Assabet, and Concord Rivers as components of the
National Wild and Scenic Rivers System.
Background and Need for Legislation
The bill would amend the Wild and Scenic Rivers Act by
designating 29 miles of the Sudbury, Assabet and Concord
(SUASCO) Rivers in Massachusetts as part of the National Wild
and Scenic Rivers System. The 29 miles of river were found
suitable for inclusion in the Wild and Scenic Rivers System
based on their free-flowing character and the presence of five
outstandingly remarkable river-related resources: ecology,
history, literature, recreation and scenery. The eligible
segments for designation include: 16.6 miles of the Sudbury
River as scenic, 4.4 miles of the Assabet River as
recreational, and 8 miles of the Concord River as recreational.
Management of the SUASCO Rivers will be coordinated between the
National Park Service and the River Stewardship Council, as
described in the River Conservation Plan approved in March
1995. The federal responsibility will ensure that any federal
water resource projects do not impede the Rivers' free-flowing
character, while the local governments would retain their
existing land use authorities. The National Park Service at
Minuteman National Historical Park and the U.S. Fish and
Wildlife Service at Great Meadows National Wildlife Refuge will
continue existing river management within their boundaries. No
additional federal land acquisition, including easements, is
authorized in this legislation. The bill authorizes an
appropriation to the Secretary of the Interior to carry out the
provisions of the bill of up to $100,000 per fiscal year.
Committee Action
H.R. 193 was introduced on January 6, 1999, by Congressman
Martin Meehan (D-MA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On February 3, 1999, the Full
Resources Committee met to consider the bill. No amendments
were offered and the bill 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. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
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.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 4, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 193, the Sudbury,
Assabet, and Concord Wild and Scenic River Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Victoria
Heid Hall (for federal costs), and Majorie Miller (for the
state and local impact).
Sincerely,
Dan L. Crippen, Director.
Enclosure.
H.R. 193--Sudbury, Assabet, and Concord Wild and Scenic River Act
CBO estimates that implementing H.R. 193 would not have a
significant impact on the federal budget. Because H.R. 193
would not affect direct spending or receipts, pay-as-you-go
procedures would not apply. H.R. 193 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
H.R. 193 would designate 29 miles of river segments in
Massachusetts as scenic and recreational rivers. The segments
would be administered by the Secretary of the Interior in
cooperation with the SUASCO River Stewardship Council, as
provided for in a river conservation plan prepared by the
National Park Service (NPS) and the Sudbury, Assabet, and
Concord River Study Committee. The bill would authorize the NPS
to provide financial and other assistance to the Commonwealth
of Massachusetts and relevant local governments under
cooperative agreements aimed at facilitating the management of
the newly designated river segments.
The bill would authorize the appropriation of up to
$100,000 each year to implement the river conservation plan,
including financial and other assistance to the state and local
governments. For the purposes of this estimate, CBO assumes
that H.R. 193 will be enacted by the end of fiscal year 1999
and that the authorized funding will be appropriated for fiscal
year 2000 and each subsequent year. We estimate that outlays to
implement the plan would total about $500,000 over the 2000-
2004 period, assuming appropriation of the authorized amounts.
The CBO staff contacts are Victoria Heid Hall (for federal
costs), who can be reached at 226-2860, and Marjorie Miller
(for the state and local impact), who can be reached at 225-
3220. This estimate was approved by Robert A. Sunshine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
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 italic, 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) * * *
* * * * * * *
[( )] (157) (A) Elkhorn Creek.--The 6.4 mile segment
traversing federally administered lands from that point along
the Willamette National Forest boundary on the common section
line between Sections 12 and 13, Township 9 South, Range 4
East, Willamette Meridian, to that point where the segment
leaves federal ownership along the Bureau of Land Management
boundary in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, in the following classes:
(i) a 5.8-mile wild river area, extending from that
point along the Willamette National Forest boundary on
the common section line between Sections 12 and 13,
Township 9 South, Range 4 East, Willamette Meridian, to
its confluence with Buck Creek in Section 1, Township 9
South, Range 3 East, Willamette Meridian, to be
administered as agreed on by the Secretaries of
Agriculture and the Interior, or as directed by the
President; and
(ii) a 0.6-mile scenic river area, extending from the
confluence with Buck Creek in Section 1, Township 9
South, Range 3 East, Willamette Meridian, to that point
where the segment leaves federal ownership along the
Bureau of Land Management boundary in Section 1,
Township 9 South, Range 3 East, Willamette Meridian, to
be administered by the Secretary of Interior, or as
directed by the President.
(B) Notwithstanding section 3(b) of this Act,
the lateral boundaries of both the wild river
area and the scenic river area along Elkhorn
Creek shall include an average of not more than
640 acres per mile measured from the ordinary
high water mark on both sides of the river.
[( )] (158) Clarion River, Pennsylvania.--The 51.7-
mile segment of the main stem of the Clarion River from
the Allegheny National Forest/State Game Lands Number
44 boundary, located approximately 0.7 miles downstream
from the Ridgway Borough limit, to an unnamed tributary
in the backwaters of Piney Dam approximately 0.6 miles
downstream from Blyson Run, to be administered by the
Secretary of Agriculture in the following
classifications:
(A) The approximately 8.6-mile segment of the
main stem from the Allegheny National Forest/
State Game Lands Number 44 boundary, located
approximately 0.7 miles downstream from the
Ridgway Borough limit, to Portland Mills, as a
recreational river.
(B) The approximately 8-mile segment of the
main stem from Portland Mills to the Allegheny
National Forest boundary, located approximately
0.8 miles downstream from Irwin Run, as a
scenic river.
(C) The approximately 26-mile segment of the
main stem from the Allegheny National Forest
boundary, located approximately 0.8 miles
downstream from Irwin Run, to the State Game
Lands 283 boundary, located approximately 0.9
miles downstream from the Cooksburg bridge, as
a recreational river.
(D) The approximately 9.1-mile segment of the
main stem from the State Game Lands 283
boundary, located approximately 0.9 miles
downstream from the Cooksburg bridge, to an
unnamed tributary at the backwaters of Piney
Dam, located approximately 0.6 miles downstream
from Blyson Run, as a scenic river.
[( )] (159) Lamprey River, New Hampshire.--The 11.5-mile
segment extending from the southern Lee town line to the
confluence with the Piscassic River in the vicinity of the
Durham-Newmarket town line (hereinafter in this paragraph
referred to as the ``segment'') as a recreational river. The
segment shall be administered by the Secretary of the Interior
through cooperation agreements between the Secretary and the
State of New Hampshire and its relevant political subdivisions,
namely the towns of Durham, Lee, and Newmarket, pursuant to
section 10(e) of this Act. The segment shall be managed in
accordance with the Lamprey River Management Plan dated January
10, 1995, and such amendments thereto as the Secretary of the
Interior determines are consistent with this Act. Such plan
shall be deemed to satisfy the requirements for a comprehensive
management plan pursuant to section 3(d) of this Act.
[( )] (160) (A) Elkhorn Creek.--The 6.4-mile segment
traversing federally administered lands from that point along
the Willamette National Forest boundary on the common section
line between Sections 12 and 13, Township 9 South, Range 4
East, Willamette Meridian, to that point where the segment
leaves Federal ownership along the Bureau of Land Management
boundary in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, in the following classes:
(i) a 5.8-mile wild river area, extending from that
point along the Willamette National Forest boundary on
the common section line between Sections 12 and 13,
Township 9 South, Range 4 East, Willamette Meridian, to
its confluence with Buck Creek in Section 1, Township 9
South, Range 3 East, Willamette Meridian, to be
administered as agreed on by the Secretaries of
Agriculture and the Interior, or as directed by the
President; and
(ii) a 0.6-mile scenic river area, extending from the
confluence with Buck Creek in Section 1, Township 9
South,Range 3 East, Willamette Meridian, to that point
where the segment leaves Federal ownership along the Bureau of Land
Management boundary in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, to be administered by the Secretary of Interior,
or as directed by the President.
(B) Notwithstanding section 3(b) of this Act, the lateral
boundaries of both the wild river area and the scenic river
area along Elkhorn Creek shall include an average of not more
than 640 acres per mile measured from the ordinary high water
mark on both sides of the river.
(b) The agency charged with the administration of each
component of the national wild and scenic rivers system
designated by subsection (a) of this section shall, within one
year from the date of designation of such component under
subsection (a) (except where a different date if provided in
subsection (a)), establish detailed boundaries therefor (which
boundaries shall include an average of not more than 320 acres
of land per mile measured from the ordinary high water mark on
both sides of the river); and determine which of the classes
outlined in section 2, subsection (b), of this Act best fit the
river or its various segments.
Notice of the availability of the boundaries and
classification, and of subsequent boundary amendments shall be
published in the Federal Register and shall not become
effective until ninety days after they have been forwarded to
the President of the Senate and the Speaker of the House of
Representatives.
(c) Maps of all boundaries and descriptions of the
classifications of designated river segments, and subsequent
amendments to such boundaries, shall be available for public
inspection in the offices of the administering agency in the
District of Columbia and in locations convenient to the
designated river.
(d)(1) For rivers designated on or after January 1, 1986, the
Federal agency charged with the administration of each
component of the National Wild and Scenic Rivers System shall
prepare a comprehensive management plan for such river segment
to provide for the protection of the river values. The plan
shall address resource protection, development of lands and
facilities, user capacities, and other management practices
necessary or desirable to achieve the purposes of this Act. The
plan shall be coordinated with and may be incorporated into
resource management planning for affected adjacent Federal
lands. The plan shall be prepared, after consultation with
State and local governments and the interested public within 3
full fiscal years after the date of designation. Notice of the
completion and availability of such plans shall be published in
the Federal Register.
(2) For rivers designated before January 1, 1986, all
boundaries, classifications, and plans shall be reviewed for
conformity within the requirements of this subsection within 10
years through regular agency planning processes.
(161) Sudbury, Assabet, and Concord Rivers, Massachusetts.--
(A) The 29 miles of river segments in Massachusetts, as
follows:
(i) The 14.9-mile segment of the Sudbury River
beginning at the Danforth Street Bridge in the town of
Framingham, downstream to the Route 2 Bridge in
Concord, as a scenic river.
(ii) The 1.7-mile segment of the Sudbury River from
the Route 2 Bridge downstream to its confluence with
the Assabet River at Egg Rock, as a recreational river.
(iii) The 4.4-mile segment of the Assabet River
beginning 1,000 feet downstream from the Damon Mill Dam
in the town of Concord, to its confluence with the
Sudbury River at Egg Rock in Concord; as a recreational
river.
(iv) The 8-mile segment of the Concord River from Egg
Rock at the confluence of the Sudbury and Assabet
Rivers downstream to the Route 3 Bridge in the town of
Billerica, as a recreational river.
(B) The segments referred to in subparagraph (A) shall be
administered by the Secretary of the Interior in cooperation
with the SUASCO River Stewardship Council provided for in the
plan referred to in subparagraph (C) through cooperative
agreements under section 10(e) between the Secretary and the
Commonwealth of Massachusetts and its relevant political
subdivisions (including the towns of Framingham, Wayland,
Sudbury, Lincoln, Concord, Carlisle, Bedford, and Billerica).
(C) The segments referred to in subparagraph (A) shall be
managed in accordance with the plan entitled ``Sudbury, Assabet
and Concord Wild and Scenic River Study, River Conservation
Plan'', dated March 16, 1995. The plan is deemed to satisfy the
requirement for a comprehensive management plan under
subsection (d) of this section.
* * * * * * *