[Senate Report 113-60] [From the U.S. Government Publishing Office] Calendar No. 114 113th Congress Report } SENATE { 1st Session 113-60 ====================================================================== WOOD-PAWCATUCK WATERSHED PROTECTION _______ June 27, 2013.--Ordered to be printed _______ Mr. Wyden, from the Committee on Energy and Natural Resources, submitted the following R E P O R T [To accompany S. 349] The Committee on Energy and Natural Resources, to which was referred the bill (S. 349) to amend the Wild and Scenic Rivers Act to designate a segment of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the States of Connecticut and Rhode Island for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. Purpose The purpose of S. 349 is to designate segments of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the States of Connecticut and Rhode Island for study for potential addition to the Wild and Scenic Rivers System. Background and Need Several segments of the Pawcatuck, Wood, and Chipuxet Rivers are listed on the Nationwide Rivers Inventory as potential candidates for Wild and Scenic River designation. These river segments were the focus of a 1980s planning and conservation study undertaken through the National Park Service's Rivers and Trails Conservation Assistance program, which concluded in part, ``the Wood and Pawcatuck Rivers corridor is Rhode Island's least developed and most rural river system. Its waters are the cleanest and purest and its recreational opportunities are unparalleled by any other river system in the state.'' The river segments also provide opportunities for recreation and tourism that contribute to the economy of the local communities and offer important experiences, ranging from visiting Native American fishing grounds to seeing Colonial and early industrial mill ruins. The rivers are also a prime location for outdoor activities like trout fishing, canoeing, bird watching, and hiking. The Queen and Beaver Rivers have been recognized for their pristine headwaters and are critical to the high water quality and biological diversity of the upper Pawcatuck. In 2004, the legislatively established Rhode Island Rivers Council classified the Wood-Pawcatuck watershed as ``Rhode Island's premier freshwater recreational resource.'' The study proposed in this legislation is intended to help Rhode Island and Connecticut continue their stewardship of these rivers and enhance existing state and local efforts to preserve and manage this watershed. It is anticipated that this study would be conducted in close cooperation with the communities, state agencies, local governments, and private organizations that are stakeholders in the process. Legislative History Senators Reed, Blumenthal, Murphy, and Whitehouse introduced S. 349 on February 14, 2013. The Subcommittee on National Parks held a hearing on S. 349 on April 23, 2013. At its business meeting on May 16, 2013 the Committee ordered S. 349 favorably reported. In the 112th Congress, Senators Reed, Blumenthal, Lieberman, and Whitehouse introduced similar legislation, S. 3423, on July 23, 2012. Also in the 112th Congress, the House Natural Resources Subcommittee on National Parks, Forests and Public Lands held a hearing on similar legislation, H.R. 3388, on April 17, 2012. A bill was reported by the House Resources Committee on June 7, 2012, (H. Rept. 112-603) and passed the House of Representatives on July 23, 2012, by voice vote. Committee Recommendation The Senate Committee on Energy and Natural Resources, in open business session on May 16, 2013, by a voice vote of a quorum present, recommends that the Senate pass S. 349. Section-by-Section Analysis Section 1 contains the short title, the ``Wood-Pawcatuck Watershed Protection Act.'' Section 2(a) amends section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) to designate certain sections of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers for study for potential addition to the National Wild and Scenic Rivers System. Subsection (b) amends section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) to direct the Secretary of the Interior to complete the study named in the previous section within 3 years after the date on which funds are made available and submit a report to the appropriate committees of Congress describing the results of the study. Cost and Budgetary Considerations The following estimate of costs of this measure has been provided by the Congressional Budget Office: S. 349--Wood-Pawcatuck Watershed Protection Act S. 349 would require the National Park Service (NPS) to study segments of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in Rhode Island and Connecticut for potential additions to the National Wild and Scenic Rivers System. Based on information provided by the NPS, CBO estimates that implementing the legislation would cost about $400,000 over the next three years, assuming the availability of appropriated funds. Enacting S. 349 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. S. 349 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. On May 13, 2013, CBO transmitted a cost estimate for H.R. 723, the Wood-Pawcatuck Watershed Protection Act, as ordered to be reported by the House Committee on Natural Resources on April 24, 2013. The two bills are similar, and the CBO cost estimates are the same. The CBO staff contact for this estimate is Martin von Gnechten. The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. Regulatory Impact Evaluation In compliance with paragraph 11(b) of rule XXVI of the Standing Rules of the Senate, the Committee makes the following evaluation of the regulatory impact which would be incurred in carrying out S. 349. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. No personal information would be collected in administering the program. Therefore, there would be no impact on personal privacy. Little, if any, additional paperwork would result from the enactment of S. 349, as ordered reported. Congressionally Directed Spending S. 349, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. Executive Communications The testimony provided by the National Park Service at the April 23, 2013, Subcommittee on National Parks hearing on S. 349 follows: Statement of Peggy O'Dell, Deputy Director for Operations, National Park Service, Department of the Interior Mr. Chairman, thank you for the opportunity to appear before you today to present the views of the Department of the Interior on S. 349, a bill to amend the Wild and Scenic Rivers Act to designate a segment of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the States of Connecticut and Rhode Island for study for potential addition to the National Wild and Scenic Rivers System. The Department supports enactment of S. 349. The river segments and tributary areas proposed for study, which comprise the Wood-Pawtucket Watershed, exhibit the types of qualities and resource values that would make it a worthy and important candidate for potential addition to the National Wild and Scenic Rivers System. However, we feel that priority should be given to the 31 previously authorized studies for potential units of the National Park System, potential new National Heritage Areas, and potential additions to the National Trails System and National Wild and Scenic Rivers System that have not yet been transmitted to Congress. S. 349 directs the Secretary of the Interior to study named segments of the Pawcatuck, Beaver, Chipuxet, Queen and Wood Rivers. The bill also specifies that the headwaters segments of the Wood and Queen Rivers include all tributaries, ensuring that virtually the entire Wood-Pawtucket Watershed is assessed. The bill requires the study to be completed and transmitted to Congress within three years after funding is made available for it. Several segments of the Pawcatuck, Wood and Chipuxet Rivers are listed on the Nationwide Rivers Inventory (NRI) as potential candidates for Wild and Scenic River designation. These NRI-listed segments were the focus of a 1980s planning and conservation study undertaken through the National Park Service's Rivers and Trails Conservation Assistance program, which concluded in part, ``The Wood and Pawcatuck Rivers corridor is Rhode Island's least developed and most rural river system. Its waters are the cleanest and purest and its recreational opportunities are unparalleled by any other river system in the state.'' The Queen and Beaver Rivers have been recognized for their pristine headwaters nature, critical to the high water quality and biological diversity of the upper Pawcatuck, and have been the focus of significant conservation efforts by the Nature Conservancy and Rhode Island Audubon Society, among others. In 2004, the legislatively-established Rhode Island Rivers Council classified the Wood-Pawcatuck watershed as ``Rhode Island's premier freshwater recreational resource.'' If enacted, the National Park Service intends to undertake the study in close cooperation with the affected communities, the relevant agencies of the states of Rhode Island and Connecticut, and interest groups such the Wood-Pawcatuck Watershed Association through a partnership-based study approach. This is the approach that has been used since the 1980s for studies of rivers located in New England and other parts of the Northeast Region. The partnership-based approach is recognized in Section 10(e) of the Wild and Scenic Rivers Act as a means of encouraging state and local governmental participation in the administration of a component of the National Wild and Scenic Rivers System. The partnership-based approach also allows for development of a proposed river management plan as part of the study, which helps landowners and local jurisdictions understand their potential future roles in river management should Congress decide to designate part or all of the rivers being studied. This concludes my prepared remarks, Mr. Chairman. I will be happy to answer any questions you or other committee members may have regarding this bill. Changes in Existing Law In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, changes in existing law made by the bill S. 349, as ordered 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): WILD AND SCENIC RIVERS ACT Public Law 90-542 AN ACT To provide a National Wild and Scenic Rivers System, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) this Act may be cited as the ``Wild and Scenic Rivers Act.'' * * * * * * * Sec. 5. (a) The following rivers are hereby designated for potential addition to the national wild and scenic rivers system: * * * * * * * (141) Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers, Rhode Island and Connecticut.--The following segments: (A) The approximately 10 mile segment of the Beaver River from the headwaters in Exeter, Rhode Island, to the confluence with the Pawcatuck River. (B) The approximately 5-mile segment of the Chipuxet River from Hundred Acre Pond to the outlet into Worden Pond. (C) The approximately 10-mile segment of the upper Queen River from the headwaters to the Usquepaugh Dam in South Kingstown, Rhode Island, including all tributaries of the upper Queen River. (D) The approximately 5-mile segment of the lower Queen (Usquepaugh) River from the Usquepaugh Dam to the confluence with the Pawcatuck river. (E) The approximately 11-mile segment of the upper Wood River from the headwaters to Skunk Hill Road in Richmond and Hopkinton, Rhode Island, including all tributaries of the upper Wood River. (F) The approximately 10-mile segment of the lower Wood River from Skunk Hill Road to the confluence with the Pawcatuck River. (G) The approximately 28-mile segment of the Pawcatuck River from Worden Pond to Nooseneck Hill Road (Rhode Island Rte 3) in Hopkinton and Westerly, Rhode Island. (H) The approximately 7-mile segment of lower Pawcatuck Rock, Stonington, Connecticut, and Westerly Rhode Island. (b)(1) The studies of rivers named in subparagraphs (28) through (55) of subsection (a) of this section shall be completed and reports thereon submitted by not later than October 2, 1979: * * * * * * * (20) Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers, Rhode Island and Connecticut.--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-- (A) complete the study of the Beaver, Cipuxet, Queen, Wood, and Pawcatuck Rivers, Rhode Island and Connecticut, described if subsection (a)(141); and (B) submit to the appropriate committees of Congress a report that describes the results of the study. * * * * * * *