[House Report 112-658]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-658
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NASHUA RIVER WILD AND SCENIC RIVER STUDY ACT
_______
September 10, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 5319]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5319) to amend the Wild and Scenic Rivers Act to
designate segments of the mainstem of the Nashua River and its
tributaries in the Commonwealth of Massachusetts for study for
potential addition to the National Wild and Scenic Rivers
System, and for other purposes, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nashua River Wild and Scenic River
Study Act''.
SEC. 2. DESIGNATION FOR STUDY.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is
amended by adding at the end the following:
``(___) Nashua river, massachusetts.--(A) The approximately
19-mile segment of the mainstem of the Nashua River from the
confluence of the North and South Nashua Rivers in Lancaster,
Massachusetts, north to the Massachusetts/New Hampshire State
line, and its tributaries, except the approximately 4.8-mile
segment of the mainstem of the Nashua River from the Route 119
bridge in Groton, Massachusetts downstream to its confluence
with the Nissitissit River in Pepperell, Massachusetts.
``(B) The 10-mile segment of the Squannacook River from its
headwaters at Ash Swamp downstream to its confluence with the
Nashua River in Shirley/Ayer, Massachusetts.
``(C) The 3.5-mile segment of the Nissitissit River from the
Massachusetts/New Hampshire State line downstream to its
confluence with the Nashua River in Pepperell,
Massachusetts.''.
SEC. 3. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is
amended by adding at the end the following:
``(__) Study and report.--Not later than 3 years after the
date on which funds are made available to carry out this
paragraph, the Secretary of the Interior shall complete the
study of the Nashua River in Massachusetts and New Hampshire,
as described in subsection (a)(___), and submit a report
describing the results of that study to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.''.
SEC. 4. REPORT REQUIREMENTS.
The report required under section 3 of this Act shall--
(1) include a discussion of the effect of the designation of
the area to be studied under this Act under the Wild and Scenic
Rivers Act on--
(A) existing commercial and recreational activities,
such as hunting, fishing, trapping, recreational
shooting, motor boat use, or bridge construction;
(B) the authorization, construction, operation,
maintenance, or improvement of energy production and
transmission infrastructure; and
(C) the authority of State and local governments to
manage those activities encompassed in subparagraphs
(A) and (B); and
(2) identify--
(A) all authorities that will authorize or require
the Secretary of the Interior to influence local land
use decisions (such as zoning) or place restrictions on
non-Federal land if the area studied under this Act is
designated under the Wild and Scenic Rivers Act;
(B) all authorities that the Secretary of the
Interior may use to condemn property if the area
studied under this Act is designated under the Wild and
Scenic Rivers Act; and
(C) all private property located in the area to be
studied under this Act.
Purpose of the Bill
The purpose of H.R. 5319, as ordered reported, is to amend
the Wild and Scenic Rivers Act to designate segments of the
mainstem of the Nashua River and its tributaries in the
Commonwealth of Massachusetts for study for potential addition
to the National Wild and Scenic Rivers System.
Background and Need for Legislation
Typically, rivers that may be included into the Wild and
Scenic Rivers program operated by the National Park Service
(NPS) are first studied for their suitability. H.R. 5319
authorizes a study of 32.5 miles of the Nashua, Squannacook and
Nissitissit Rivers and their tributaries, but would except a
4.8-mile segment that is currently the subject of a Federal
Energy Regulatory Commission licensing proceeding for an
existing hydroelectric facility. The rivers will be evaluated
on their ``free-flowing'' condition and classified as wild,
scenic or recreational depending on the amount of development
on and near the river segment.
The Wild and Scenic Rivers Act of 1968 was intended to put
a development freeze on rivers to preserve their ``free-
flowing'' values against the influx of manmade dams being
constructed at the time. Temporary restrictions of actions
involving federal participation accompany the designation of a
river during the study period.
During markup of H.R. 5319, the Natural Resources Committee
adopted an amendment offered by Congressman Rob Bishop (R-UT)
to add several requirements to the study that will be
undertaken by the NPS. NPS is required to consider the effect
of designation on commercial and recreational uses, such as
hunting, fishing and boating. Also, the study must look at the
impact on construction and maintenance of energy production and
transmission. Finally, the amendment requires that the study
identify private property within the study area and identify
all authorities that could be utilized to condemn land.
Concerns have been raised that the Wild and Scenic Rivers
Act contains several authorities allowing the condemnation of
private property. As Wild and Scenic Rivers are purported to be
locally driven projects, the Committee sees no reason why
property owners should be left in the dark regarding the
inclusion of their property in a federal designation. For the
study process to be authentically derived from the community,
the facts and limitations on property rights that may result
from a designation must be revealed.
Finally, the study will identify those authorities that
compel NPS to involve itself in local zoning. While federal
designation of the Nashua, Squannacook and Nissitissit Rivers
may be appealing to some, the community should be aware that
the Wild and Scenic Rivers Act requires local zoning to conform
to the dictates of the Act. Representatives of the federal
government would have a role in the development of local zoning
ordinances. It should be noted that the study not only includes
the Nashua, Squannacook and Nissitissit Rivers, but their
tributaries as well. The size and scope of the resulting
designation could be well beyond what is currently anticipated
in the impacted towns.
Committee Action
H.R. 5319 was introduced on April 27, 2012, by
Congresswoman Niki Tsongas (D-MA). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. On
June 28, 2012, the Subcommittee on National Parks, Forests and
Public Lands held a hearing on the bill. On August 1, 2012, the
Full Resources Committee met to consider the bill. The
Subcommittee on National Parks, Forests and Public Lands was
discharged by unanimous consent. Congressman Rob Bishop (R-UT)
offered an amendment designated #1 to the bill; the amendment
was adopted by unanimous consent. The bill, as amended, was
then adopted and ordered favorably reported to the House of
Representatives by unanimous consent.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
H.R. 5319--Nashua River Wild and Scenic River Study Act
H.R. 5319 would require the National Park Service (NPS) to
study segments of the Nashua River in Massachusetts and New
Hampshire for potential addition to the Wild and Scenic Rivers
System. Based on information provided by the NPS, CBO estimates
that implementing the legislation would cost about $300,000
over the next three years, assuming availability of
appropriated funds. Enacting H.R. 5319 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
H.R. 5319 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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, credit authority, or an increase or decrease in
revenues or tax expenditures. Based on information provided by
the National Park Service, CBO estimates that implementing the
legislation would cost about $300,000 over the next three
years, assuming availability of appropriated funds.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to amend the
Wild and Scenic Rivers Act to designate segments of the
mainstem of the Nashua River and its tributaries in the
Commonwealth of Massachusetts for study for potential addition
to the National Wild and Scenic Rivers System.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
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 (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
WILD AND SCENIC RIVERS ACT
* * * * * * *
Sec. 5. (a) * * *
* * * * * * *
(___) Nashua river, massachusetts.--(A) The
approximately 19-mile segment of the mainstem of the
Nashua River from the confluence of the North and South
Nashua Rivers in Lancaster, Massachusetts, north to the
Massachusetts/New Hampshire State line, and its
tributaries, except the approximately 4.8-mile segment
of the mainstem of the Nashua River from the Route 119
bridge in Groton, Massachusetts downstream to its
confluence with the Nissitissit River in Pepperell,
Massachusetts.
(B) The 10-mile segment of the Squannacook River from
its headwaters at Ash Swamp downstream to its
confluence with the Nashua River in Shirley/Ayer,
Massachusetts.
(C) The 3.5-mile segment of the Nissitissit River
from the Massachusetts/New Hampshire State line
downstream to its confluence with the Nashua River in
Pepperell, Massachusetts.
(b)(1) * * *
* * * * * * *
(__) Study and report.--Not later than 3 years after
the date on which funds are made available to carry out
this paragraph, the Secretary of the Interior shall
complete the study of the Nashua River in Massachusetts
and New Hampshire, as described in subsection (a)(___),
and submit a report describing the results of that
study to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
* * * * * * *