[House Report 113-166]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 113-166
======================================================================
NASHUA RIVER WILD AND SCENIC RIVER STUDY ACT
_______
July 22, 2013.--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. 412]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 412) 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, 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. 412 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
Rivers that may be included in the Wild and Scenic Rivers
program operated by the National Park Service (NPS) are
normally first studied for their suitability. H.R. 412
authorizes a study of 32.5 miles of the Nashua, Squannacook and
Nissitissit Rivers, 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.
H.R. 412 requires that in the course of the study, the NPS
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. The study
will identify private property within the study area and 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.
Committee Action
H.R. 412 was introduced on January 23, 2013, by
Congresswoman Niki Tsongas (D-MA). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Public Lands and Environmental Regulation. On
June 6, 2013, the Subcommittee on Public Lands and
Environmental Regulation held a hearing on the bill. On June
12, 2013, the Full Natural Resources Committee met to consider
the bill. The Subcommittee on Public Lands and Environmental
Regulation was discharged by unanimous consent. Congresswoman
Tsongas 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. 412--Nashua River Wild and Scenic River Study Act
H.R. 412 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 $350,000
over the next three years, assuming the availability of
appropriated funds. Enacting H.R. 412 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
H.R. 412 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 NPS, CBO estimates that implementing the legislation would
cost about $350,000 over the next three years, assuming the
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 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.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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) The following rivers are hereby designated for
potential addition to the national wild and scenic rivers
system:
(1) Allegheny, Pennsylvania: The segment from its mouth to
the town of East Brady, Pennsylvania.
(2) Bruneau, Idaho: The entire main stem.
(3) Buffalo, Tennessee: The entire river.
(4) Chattooga, North Carolina, South Carolina, and Georgia:
The entire river.
(5) Clarion, Pennsylvania: The segment between Ridgway and
its confluence with the Allegheny River.
(6) Delaware, Pennsylvania and New York: The segment from
Hancock, New York, to Matamoras, Pennsylvania.
(7) Flathead, Montana: The North Fork from the Canadian
border downstream to its confluence with the Middle Fork; the
Middle Fork from its headwaters to its confluence with the
South Fork; and the South Fork from its origin to Hungry Horse
Reservoir.
(8) Gasconade, Missouri: The entire river.
(9) Illinois, Oregon: The entire river.
(10) Little Beaver, Ohio: The segment of the North and Middle
Forks of the Little Beaver River in Columbiana County from a
point in the vicinity of Negly and Elkton, Ohio, downstream to
a point in the vicinity of East Liverpool, Ohio.
(11) Little Miami, Ohio: That segment of the main stem of the
river, exclusive of its tributaries, from a point at the
Warren-Clermont County line at Loveland, Ohio, upstream to the
sources of Little Miami including North Fork.
(12) Maumee, Ohio and Indiana: The main stem from Perrysburg,
Ohio, to Fort Wayne, Indiana, exclusive of its tributaries in
Ohio and inclusive of its tributaries in Indiana.
(13) Missouri, Montana: The segment between Fort Benton and
Ryan Island.
(14) Moyie, Idaho: The segment from the Canadian border to
its confluence with the Kootenai River.
(15) Obed, Tennessee: The entire river and its tributaries,
Clear Creek and Daddys Creek.
(16) Penobscot, Maine: Its east and west branches.
(17) Pere Marquette, Michigan: The entire river.
(18) Pine Creek, Pennsylvania: the segment from Ansonia to
Waterville.
(19) Priest, Idaho: The entire main stem.
(20) Rio Grande, Texas: The portion of the river between the
west boundary of Hudspeth County and the east boundary of
Terrell County on the United States side of the river:
Provided, That before undertaking any study of this potential
scenic river, the Secretary of the Interior shall determine,
through the channels of appropriate executive agencies, that
Mexico has no objection to its being included among the studies
authorized by this Act.
(21) Saint Croix, Minnesota and Wisconsin: The segment
between the dam near Taylors Falls and its confluence with the
Mississippi River.
(22) Saint Joe, Idaho: The entire main stem.
(23) Salmon, Idaho: The segment from the town of North Fork
to its confluence with the Snake River.
(24) Skagit, Washington: The segment from the town of Mount
Vernon to and including the mouth of Bacon Creek; the Cascade
River between its mouth and the junction of its North and South
Forks; the South Fork to the boundary of the Glacier Peak
Wilderness Area; the Suiattle River from its mouth to the
Glacier Peak Wilderness Area boundary at Milk Creek; the Sauk
River from its mouth to its junction with Elliott Creek; the
North Fork of the Sauk River from its junction with the South
Fork of the Sauk to the Glacier Peak Wilderness Area boundary.
(25) Suwannee, Georgia and Florida: The entire river from its
source in the Okefenokee Swamp in Georgia to the gulf and the
outlying Ichetucknee Springs, Florida.
(26) Upper Iowa, Iowa: The entire river.
(27) Youghiogheny, Maryland and Pennsylvania: The segment
from Oakland, Maryland, to the Youghiogheny Reservoir, and from
the Youghiogheny Dam downstream to the town of Connellsville,
Pennsylvania.
(28) American, California: The North Fork from the Cedars to
the Auburn Reservoir.
(29) Au Sable, Michigan: The segment downstream from Foot Dam
to Oscoda and upstream from Loud Reservoir to its source,
including its principal tributaries and excluding Mio and
Bamfield Reservoirs.
(30) Big Thompson, Colorado: The segment from its source to
the boundary of Rocky Mountain National Park.
(31) Cache la Poudre, Colorado: Both forks from their sources
to their confluence, thence the Cache la Poudre to the eastern
boundary of Roosevelt National Forest.
(32) Cahaba, Alabama: The segment from its junction with
United States Highway 31 south of Birmingham downstream to its
junction with United States Highway 80 west of Selma.
(33) Clarks Fork, Wyoming: The segment from the Clark's Fork
Canyon to the Crandall Creek Bridge.
(34) Colorado, Colorado and Utah: The segment from its
confluence with the Dolores River, Utah, upstream to a point
19.5 miles from the Utah-Colorado border in Colorado.
(35) Conejos, Colorado: The three forks from their sources to
their confluence, thence the Conejos to its first junction with
State Highway 17, excluding Platoro Reservoir.
(36) Elk, Colorado: The segment from its source to Clark.
(37) Encampment, Colorado: The Main Fork and West Fork to
their confluence, thence the Encampment to the Colorado-Wyoming
border, including the tributaries and headwaters.
(38) Green, Colorado: The entire segment within the State of
Colorado.
(39) Gunnison, Colorado: The segment from the upstream
(southern) boundary of the Black Canyon of the Gunnison
National Monument to its confluence with the North Fork.
(40) Illinois, Oklahoma: The segment from Tenkiller Ferry
Reservoir upstream to the Arkansas-Oklahoma border, including
the Flint and Barren Fork Creeks.
(41) John Day, Oregon: The main stem from Service Creek
Bridge (at river mile 157) downstream to Tumwater Falls (at
river mile 10).
(42) Kettle, Minnesota: The entire segment within the State
of Minnesota.
(43) Los Pinos, Colorado: The segment from its source,
including the tributaries and headwaters within the San Juan
Primitive Area, to the northern boundary of the Granite Peak
Ranch.
(44) Manistee, Michigan: The entire river from its source to
Manistee Lake, including its principal tributaries and
excluding Tippy and Hodenpyl Reservoirs.
(45) Nolichuckey, Tennessee and North Carolina: The entire
main stem.
(46) Owyhee, South Fork, Oregon: The main stem from the
Oregon-Idaho border downstream to the Owyhee Reservoir.
(47) Piedra, Colorado: The Middle Fork and East Fork from
their sources to their confluence, thence the Piedra to its
junction with Colorado Highway 10.
(48) Shepaug, Connecticut: The entire river.
(49) Sipsey Fork, West Fork, Alabama: The segment, including
its tributaries, from the impoundment formed by the Lewis M.
Smith Dam upstream to its source in the William B. Bankhead
National Forest.
(50) Snake, Wyoming: The segment from the southern boundaries
of Teton National Park to the entrance to Palisades Reservoir.
(51) Sweetwater, Wyoming: The segment from Wilson Bar
downstream to Spring Creek.
(52) Tuolumne, California: The main river from its source on
Mount Dana and Mount Lyell in Yosemite National Park to Don
Pedro Reservoir.
(53) Upper Mississippi, Minnesota: The segment from its
source at the outlet of Itasca Lake to its junction with the
northwestern boundary of the city of Anoka.
(54) Wisconsin, Wisconsin: The segment from Prarie du Sac to
its confluence with the Mississippi River at Prairie du Chien.
(55) Yampa, Colorado: The segment within the boundaries of
the Dinosaur National Monument.
(56) Dolores, Colorado: The segment of the main stem from
Rico upstream to its source, including its headwaters; the West
Dolores from its source, including its headwaters, downstream
to its confluence with the main stem; and the segment from the
west boundary, section 2, township 38 north, range 16 west,
NMPM, below the proposed McPhee Dam, downstream to the
Colorado-Utah border, excluding the segment from one mile above
Highway 90 to the confluence of the San Miguel River.
(57) Snake, Washington, Oregon, and Idaho: The segment from
an eastward extension of the north boundary of section 1,
township 5 north, range 47 east, Williamette meridian,
downstream to the town of Asotin, Washington.
(58) Housatonic, Connecticut: The segment from the
Massachusetts-Connecticut boundary downstream to its confluence
with the Shepaug River.
(59) Kern, California.--The main stem of the North Fork from
its source to Isabelle Reservoir excluding its tributaries.
(60) Loxahatchee, Florida.--The entire river including its
tributary, North Fork.
(61) Ogeechee, Georgia.--The entire river.
(62) Salt, Arizona.--The main stem from a point on the north
side of the river intersected by the Fort Apache Indian
Reservation boundary (north of Buck Mountain) downstream to
Arizona State Highway 288.
(63) Verde, Arizona.--The main stem from the Prescott
National Forest boundary near Paulden to the vicinity of Table
Mountain, approximately 14 miles above Horseshoe Reservoir,
except for the segment not included in the national forest
between Clarkdale and Camp Verde, North segment.
(64) San Francisco, Arizona.--The main stem from confluence
with the Gila upstream to the Arizona-New Mexico border, except
for the segment between Clifton and the Apache National Forest.
(65) Fish Creek, New York.--The entire East Branch.
(66) Black Creek, Mississippi.--The segment from Big Creek
Landing in Forrest County downstream to Old Alexander Bridge
Landing in Stone County.
(67) Allegheny, Pennsylvania.--The main stem from Kinzua Dam
downstream to East Brady.
(68) Cacapon, West Virginia.--The entire river.
(69) Escatawpa, Alabama and Mississippi.--The segment
upstream from a point approximately one mile downstream from
the confluence of the Escatawpa River and Jackson Creek to a
point where the Escatawpa River is joined by the Yellowhouse
Branch in Washington County, Alabama, near the town of Deer
Park, Alabama; and the segment of Brushy Creek upstream from
its confluence with the Escatawpa to its confluence with
Scarsborough Creek.
(70) Myakka, Florida.--The segment south of the southern
boundary of the Myakka River State Park.
(71) Soldier Creek, Alabama.--The segment beginning at the
point where Soldier Creek intersects the south line of section
31, township 7 south, range 6 east, downstream to a point on
the south line of section 6, township 8 south, range 6 east,
which point is 1,322 feet west of the south line of section 5,
township 8 south, range 6 east in the county of Baldwin, State
of Alabama.
(72) Red, Kentucky.--The segment from Highway numbered 746
(also known as Spradlin Bridge) in Wolf County, Kentucky,
downstream to the point where the river descends below seven
hundred feet above sea level (in its normal flow) which point
is at the Menifee and Powell County line just downstream of the
iron bridge where Kentucky Highway numbered 77 passes over the
river.
(73) Bluestone, West Virginia.--From its headwaters to its
confluence with the New.
(74) Gauley, West Virginia.--Including the tributaries of the
Meadow and the Cranberry, from the headwaters to its confluence
with the New.
(75) Greenbrier, West Virginia.--From its headwaters to its
confluence with the New.
(76) Birch, West Virginia.--The main stem from the Cora Brown
Bridge in Nicholas County to the confluence of the river with
the Elk River in Braxton County.
(77) Colville, Alaska.
(78) Etivluk-Nigu, Alaska.
(79) Utukok, Alaska.
(80) Kanektok, Alaska.
(81) Kisaralik, Alaska.
(82) Melozitna, Alaska.
(83) Sheenjek (lower segment), Alaska.
(84) Situk, Alaska.
(85) Porcupine, Alaska.
(86) Yukon (Ramparts section), Alaska.
(87) Squirrel, Alaska.
(88) Koyuk, Alaska.
(89) Wildcat Brook, New Hampshire: The segment from its
headwaters including the principal tributaries to its
confluence with the Ellis River. The study authorized in this
paragraph shall be completed no later than six years from the
date of enactment of this paragraph and an interim report shall
be prepared and submitted to the Congress no later than three
years from the date of enactment of this paragraph.
(90) Horsepasture, North Carolina: The segment from Bohaynee
Road (N.C. 281) downstream to Lake Jocassee.
(91) The North Umpqua, Oregon: The segment from the Soda
Springs Powerhouse to the confluence of Rock Creek. The
provisions of section 7(a) shall apply to tributary Steamboat
Creek in the same manner as such provisions apply to the rivers
referred to in such section 7(a). The Secretary of Agriculture
shall, in the Umpqua National Forest plan, provide that
management practices for Steamboat Creek and its immediate
environment conserve, protect, and enhance the anadromous fish
habitat and population.
(92) Farmington, West Branch, Connecticut and
Massachusetts.--The segment from the intersection of the New
Hartford-Canton, Connecticut, town line upstream to the base of
the West Branch Reservoir in Hartland, Connecticut; and the
segment from the confluence with Thorp Brook in Sandisfield,
Massachusetts, to Hayden Pond in Otis, Massachusetts.
(93) Great Egg Harbor River, New Jersey: The entire river.
(94) Klickitat, Washington: The segment from the southern
boundary of the Yakima Indian Reservation, Washington, as
described in the Treaty with the Yakimas of 1855 (12 Stat.
951), and as acknowledged by the Indian Claims Commission in
Yakima Tribe of Indians v. U.S., 16 Ind. Cl. Comm. 536 (1966),
to its confluence with the Little Klickitat River, Washington:
Provided, That said study shall be carried on in consultation
with the Yakima Indian Nation and shall include a determination
of the degree to which the Yakima Indian Nation should
participate in the preservation and administration of the river
segment should it be proposed for inclusion in the Wild and
Scenic Rivers system.
(95) White Salmon, Washington: The segment from its
confluence with Trout Lake Creek, Washington, to its confluence
with Gilmer Creek, Washington, near the town of B Z Corner,
Washington. Studies of the river named in paragraphs (38),
(55), (83), and (87) shall be completed and the reports
transmitted to the Congress not later than January 1, 1987.
(96) Maurice, New Jersey.--The segment from Shell Pile to the
point three miles north of Laurel Lake.
(97) Manumuskin, New Jersey.--The segment from its confluence
with the Maurice River to the crossing of State Route 49.
(98) Menantico Creek, New Jersey.--The segment from its
confluence with the Maurice River to its source.
(99) Merced, California.--The segment from a point 300 feet
upstream of the confluence with Bear Creek downstream to the
point of maximum flood control storage of Lake McClure
(elevation 867 feet mean sea level).
(100) Blue, Oregon.--The segment from its headwaters to the
Blue River Reservoir; by the Secretary of Agriculture.
(101) Chewaucan, Oregon.--The segment from its headwaters to
the Paisley Urban Growth boundary to be studied in cooperation
with, and integrated with, the Klamath River Basin Plan; by the
Secretary of Agriculture.
(102) North Fork Malheur, Oregon.--The segment from the
Malheur National Forest boundary to Beulah Reservoir; by the
Secretary of the Interior.
(103) South Fork McKenzie, Oregon.--The segments from its
headwaters to the upper end of Cougar Reservoir and from the
lower end of Cougar Reservoir to its confluence with the
McKenzie River; by the Secretary of Agriculture.
(104) Steamboat Creek, Oregon.--The entire creek; by the
Secretary of Agriculture.
(105) Wallowa, Oregon.--The segment from its confluence with
the Minam River to its confluence with the Grande Ronde River;
by the Secretary of Agriculture.
(106) Merrimack River, New Hampshire.--The segment from its
origin at the confluence of the Pemigewasset and Winnipesaukee
Rivers in Franklin, New Hampshire, to the backwater impoundment
at Hooksett Dam, excluding the Garvins Falls Dam and its
impoundment.
(107) Pemigewasset, New Hampshire.--The segments from Profile
Lake downstream to the southern boundary of the Franconia Notch
State Park and from the northern Thornton town-line downstream
to the backwater of the Ayers Island Dam; by the Secretary of
the Interior.
(108) St. Marys River, Florida and Georgia.--The segment from
its headwaters to its confluence with the Bells River.
(109) Mills River, North Carolina.--The North Fork from the
bottom of the spillway of the Hendersonville Reservoir
downstream to its confluence with the South Fork; the South
Fork from its confluence with the Pigeon Branch downstream to
its confluence with the North Fork; and the main stem from the
confluence of the North and South Forks downstream to a point
750 feet upstream from the centerline of North Carolina Highway
191/280.
(110) Sudbury, Assabet, and Concord, Massachussets.--The
segment of the Sudbury from the Danforth Street Bridge in the
town of Framingham, to its confluence with the Assabet, the
Assabet from 1,000 feet downstream of the Damon Mill Dam in
Concord to its confluence with the Sudbury and the Concord from
the confluence of the Sudbury and Assabet downstream to the
Route 3 Bridge in the town of Billerica. The study of such
river segments shall be completed and the report submitted
thereon not later than at the end of the third fiscal year
beginning after the date of enactment of this paragraph.
(111) Niobrara, Nebraska.--The 6-mile segment of the river
from its confluence with Chimney Creek to its confluence with
Rock Creek.
(112) Lamprey, New Hampshire.--The segment from the southern
Lee town line downstream to the confluence with Woodman's Brook
at the base of Sullivan Falls in Durham.
(113) White Clay Creek, Delaware and Pennsylvania.--The
headwaters of the river in Pennsylvania to its confluence with
the Christina River in Delaware, including the East, West, and
Middle Branches, Middle Run, Pike Creek, Mill Creek, and other
main branches and tributaries as determined by the Secretary of
the Interior (herein after referred to as the White Clay
Creek).
(114) Brule, Michigan and Wisconsin.--The 33-mile segment
from Brule Lake in the northeast quarter of section 15,
township 41 north, range 13 east, to the National Forest
boundary at the southeast quarter of section 31, township 41
north, range 17 east.
(115) Carp, Michigan.--The 7.6-mile segment from its origin
at the confluence of the outlets of Frenchman Lake and Carp
Lake in section 26, township 44 north, range 6 west, to the
west section line of section 30, township 43 north, range 5
west.
(116) Little Manistee, Michigan.--The 42-mile segment within
the Huron-Manistee National Forest.
(117) White, Michigan.--The 75.4-mile segment within the
Huron-Manistee National Forest as follows:
(A) The 30.8-mile segment of the main stem from U.S.
31 to the Huron-Manistee National Forest boundary at
the north line of section 2, township 13 north, range
15 west, 1.5 miles southwest of Hesperia.
(B) The 18.9-mile segment of the South Branch White
from the Huron-Manistee National Forest boundary east
of Hesperia at the west line of section 22, township 14
north, range 14 west, to Echo Drive, section 6,
township 13 north, range 12 west.
(C) The 25.7-mile segment of the North Branch White
from its confluence with the South Branch White in
section 25, township 13 north, range 16 west, to
McLaren Lake in section 11, township 14 north, range 15
west.
(118) Ontonagon, Michigan.--The 32-mile segment of the
Ontonagon as follows:
(A) The 12-mile segment of the West Branch from the
Michigan State Highway 28 crossing to Cascade Falls.
(B) The 20-mile segment of the South Branch from the
confluence of the Cisco Branch and Tenmile Creek to the
confluence with the West Branch Ontonagon.
(119) Paint, Michigan.--The 70-mile segment as follows:
(A) 34 miles of the mainstream beginning at the
eastern boundary of the Ottawa National Forest in
section 1, township 44 north, range 35 west, to the
city of Crystal Falls.
(B) 15 miles of the mainstream of the Net River from
its confluence with the east and west branches to its
confluence with the mainstream of the Paint River.
(C) 15 miles of the east branch of the Net River from
its source in section 8, township 47 north, range 32
west, to its confluence with the mainstream of the Net
River in section 24, township 46 north, range 34 west.
(D) 14 miles of the west branch of the Net River from
its source in section 35, township 48 north, range 34
west, to its confluence with the mainstream of the Net
River in section 24, township 46 north, range 34 west.
(120) Presque Isle, Michigan.--The 13-mile segment of the
mainstream from Minnewawa Falls to Lake Superior.
(121) Sturgeon, Ottawa National Forest, Michigan.--The 36-
mile segment of the mainstream from the source at Wagner Lake
in section 13, township 49 north, range 31 west, to the eastern
boundary of the Ottawa National Forest in section 12, township
48 north, range 35 west.
(122) Sturgeon, Hiawatha National Forest, Michigan.--The
18.1-mile segment from Sixteen Mile Lake to the north line of
section 26, township 43 north, range 19 west.
(123) Tahquamenon, Michigan.--The 103.5-mile segment as
follows--
(A) the 90-mile segment of the mainstream beginning
at the source in section 21, township 47 north, range
12 west, to the mouth at Whitefish Bay; and
(B) the 13.5-mile segment of the east branch from the
western boundary of the Hiawatha National Forest in
section 19, township 46 north, range 6 west, to its
confluence with the mainstream.
(124) Whitefish, Michigan.--The 26-mile segment of the West
Branch Whitefish from its source in section 26, township 46
north, range 23 west, to County Road 444.
(125) Clarion, Pennsylvania.--The segment of the main stem of
the river from Ridgway to its confluence with the Allegheny
River. The Secretary of Agriculture shall conduct the study of
such segment.
(126) Mill Creek, Jefferson and Clarion Counties,
Pennsylvania.--The segment of the main stem of the creek from
its headwaters near Gumbert Hill in Jefferson County,
downstream to the confluence with the Clarion River.
(127) Piru Creek, California.--The segment of the main stem
of the creek from its source downstream to the maximum pool of
Pyramid Lake and the segment of the main stem of the creek
beginning 300 feet below the dam at Pyramid Lake downstream to
the maximum pool at Lake Piru, for a total distance of
approximately 49 miles.
(128) Little Sur River, California.--The segment of the main
stem of the river from its headwaters downstream to the Pacific
Ocean, a distance of approximately 23 miles. The Secretary of
Agriculture shall consult with the Big Sur Multiagency Advisory
Council during the study of the river.
(129) Matilija Creek, California.--The segment from its
headwaters to its junction with Murietta Canyon, a distance of
approximately 16 miles.
(130) Lopez Creek, California.--The segments from its
headwaters to Lopez Reservoir, a distance of approximately 11
miles.
(131) Sespe Creek, California.--The segment from Chorro
Grande Canyon downstream to its confluence with Rock Creek and
Howard Creek, a distance of about 10.5 miles.
(132) North Fork Merced, California.--The segment from its
headwaters to its confluence with the Merced River, by the
Secretary of Agriculture and the Secretary of the Interior.
(133) Delaware River, Pennsylvania and New Jersey.--(A) The
approximately 3.6-mile segment from the Erie Lackawanna
Railroad Bridge to the southern tip of Dildine Island.
(B) The approximately 2-mile segment from the southern tip of
Mack Island to the northern border of the town of Belvidere,
New Jersey.
(C) The approximately 12.5-mile segment from the southern
border of the town of Belvidere, New Jersey, to the northern
border of the city of Easton, Pennsylvania, excluding river
mile 196.0 to 193.8.
(D) The approximately 9.5-mile segment from the southern
border of the town of Phillipsburg, New Jersey, to a point just
north of the Gilbert Generating Station.
(E) The approximately 14.2-mile segment from a point just
south of the Gilbert Generating Station to a point just north
of the Point Pleasant Pumping Station.
(F) The approximately 6.5-mile segment from a point just
south of the Point Pleasant Pumping Station to the north side
of the Route 202 bridge.
(G) The approximately 6-mile segment from the southern
boundary of the town of New Hope, Pennsylvania, to the town of
Washington Crossing, Pennsylvania.
(H) The Cook's Creek tributary.
(I) The Tinicum Creek tributary.
(J) The Tohickon Creek tributary.
(134) New River, West Virginia and Virginia.--The segment
defined by public lands commencing at the U.S. Route 460 bridge
over the New River in Virginia to the maximum summer pool
elevation (one thousand four hundred and ten feet above mean
sea level) of Bluestone Lake in West Virginia; by the Secretary
of the Interior. Nothing in this Act shall affect or impair the
management of the Bluestone project or the authority of any
department, agency or instrumentality of the United States to
carry out the project purposes of that project as of the date
of enactment of this paragraph. The study of the river segment
identified in this paragraph shall be completed and reported on
within one year after the date of enactment of this paragraph.
(135) Rio Grande, New Mexico.--The segment from the west
section line of Section 15, Township 23 North, Range 10 East,
downstream approximately 8 miles to the southern line of the
northwest quarter of Section 34, Township 23 North, Range 9
East.
(136) Wekiva River, Florida.--(A) The entire river.
(B) The Seminole Creek tributary.
(C) The Rock Springs Run tributary.
(137) Taunton River, Massachusetts.--The segment downstream
from the headwaters, from the confluence of the Town River and
the Matfield River in Bridgewater to the confluence with the
Forge River in Raynham, Massachusetts.
(138) Eightmile River, Connecticut.--The segment from its
headwaters downstream to its confluence with the Connecticut
River.
(139) Lower Farmington River and Salmon Brook, Connecticut.--
The segment of the Farmington River downstream from the segment
designated as a recreational river by section 3(a)(156) to its
confluence with the Connecticut River, and the segment of the
Salmon Brook including its mainstream and east and west
branches.
(140) Missisquoi and trout rivers, vermont.--The
approximately 25-mile segment of the upper Missisquoi
from its headwaters in Lowell to the Canadian border in
North Troy, the approximately 25-mile segment from the
Canadian border in East Richford to Enosburg Falls, and
the approximately 20-mile segment of the Trout River
from its headwaters to its confluence with the
Missisquoi River.
(___) 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, 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) 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: Provided, That with respect to the rivers
named in subparagraphs (33), (50), and (51), the Secretaries
shall not commence any studies until (i) the State legislature
has acted with respect to such rivers or (ii) one year from the
date of enactment of this Act, whichever is earlier. Studies of
the river named in paragraphs (38), (55), (83), and (87) shall
be completed and the reports transmitted to the Congress not
later than January 1, 1987.
(2) The study of the river named in subparagraph (56) of
subsection (a) of this section shall be completed and the
report thereon submitted by not later than January 3, 1976.
(3) The studies of the rivers named in paragraphs (59)
through (76) of subsection (a) shall be completed and reports
submitted thereon not later than five full fiscal years after
the date of the enactment of this paragraph. The study of
rivers named in paragraphs (62) through (64) of subsection (a)
shall be completed and the report thereon submitted by not
later than April 1981. The study of the river named in
paragraph (90) of subsection (a) shall be completed not later
than three years after the date of the enactment of this
sentence. The study of the river named in paragraph (93) of
subsection (a) shall be completed not later than three years
after the date of the enactment of this sentence.
(4) For the purposes of conducting the studies of the rivers
named in subsection (a), there are authorized to be
appropriated such sums as necessary.
(5) The studies of the rivers in paragraphs (77) through (88)
shall be completed and reports transmitted thereon not later
than three full fiscal years from date of enactment of this
paragraph. For the rivers listed in paragraphs (77), (78), and
(79) the studies prepared and transmitted to the Congress
pursuant to section 105(c) of the Naval Petroleum Reserves
Production Act of 1976 (Public Law 94-258) shall satisfy the
requirements of this section.
(6) Studies of rivers listed in paragraphs (80) and (81)
shall be completed, and reports submitted within and not later
than the time when the Bristol Bay Cooperative Region Plan is
submitted to Congress in Accordance with section 1204 of the
Alaska National Interest Lands Conservation Act.
(7) The study of the West Branch of the Framington River
identified in paragraph (92) of subsection (a) shall be
completed and the report submitted thereon not later than the
end of the third fiscal year beginning after the enactment of
this paragraph. Such report shall include a discussion of
management alternatives for the river if it were to be included
in the national wild and scenic river system.
(8) The study of the Merrimack River, New Hampshire, shall be
completed and the report thereon submitted not later than three
years after the date of enactment of this paragraph.
(9) The study of the Pemigewasset River, New Hampshire, shall
be completed and the report thereon submitted not later than
three years after the date of enactment of this paragraph.
(10) The study of the river named in paragraph (106) of
subsection (a) shall be completed not later than three years
after the date of enactment of this paragraph. In carrying out
the study, the Secretary of the Interior shall consult with the
Governors of the States of Florida and Georgia or their
representatives, representatives of affected local governments,
and owners of land adjacent to the river. Such consultation
shall include participation in the assessment of resource
values and the development of alternatives for the protection
of those resource values, and shall be carried out through
public meetings and media notification. The study shall also
include a recommendation on the part of the Secretary as to the
role the States, local governments and landowners should play
in the management of the river if it were designated as a
component of the National Wild and Scenic Rivers System.
(11) The study of the Lamprey River, New Hampshire, shall be
completed by the Secretary of the Interior and the report
thereon submitted not later than 3 years after the date of
enactment of this paragraph.
(12)(A) The study of the White Clay Creek in Delaware and
Pennsylvania shall be completed and the report submitted not
later than 3 years after the date of enactment of this
paragraph.
(B) In carrying out the study, the Secretary of the Interior
shall prepare a map of the White Clay Creek watershed in
Delaware and Pennsylvania, and shall develop a recommended
management plan for the White Clay Creek. The plan shall
provide recommendations as to the protection and management of
the White Clay Creek, including the role the State and local
governments, and affected landowners, should play in the
management of the White Clay Creek if it is designated as a
component of the National Wild and Scenic Rivers System.
(C) The Secretary shall prepare the study, including the
recommended management plan, in cooperation and consultation
with appropriate State and local governments, and affected
landowners.
(13) The study of segments of the Brule, Carp, Little
Manistee, White, Paint, Presque Isle, Ontonagon, Sturgeon
(Hiawatha), Sturgeon (Ottawa), Whitefish, and Tahquamenon
Rivers in Michigan under subsection (a) shall be completed by
the Secretary of Agriculture and the report submitted thereon
not later than at the end of the third fiscal year beginning
after the date of enactment of this paragraph. For purposes of
such river studies, the Secretary shall consult with each River
Study Committee authorized under section 5 of the Michigan
Scenic Rivers Act of 1990, and shall encourage public
participation and involvement through hearings, workshops, and
such other means as are necessary to be effective.
(14)(A) The study of the Delaware River segments and
tributaries designated for potential addition to the National
Wild and Scenic Rivers System pursuant to section 5(a)() of
this Act shall be completed and the report submitted to
Congress not later than one year after the date of enactment of
this paragraph.
(B) The Secretary shall--
(i) prepare the study in cooperation and consultation
with appropriate Federal, State, regional, and local
agencies, including but not limited to, the
Pennsylvania Department of Environmental Resources, the
New Jersey Department of Environmental Protection and
Energy, the Delaware and Lehigh Navigation Canal
National Heritage Corridor Commission, and the Delaware
and Raritan Canal Commission; and
(ii) consider previous plans for the protection of
affected cultural, recreational, and natural resources
(including water supply and water quality) and existing
State and local regulations, so as to avoid unnecessary
duplication.
(C) Pursuant to section 11(b)(1) of this Act, the Secretary
shall undertake a river conservation plan for the segment of
the Delaware River from the northern city limits of Trenton,
New Jersey, to the Southern boundary of Bucks County,
Pennsylvania.
(15) The study of the Rio Grande in New Mexico shall be
completed and the report submitted not later than 3 years after
the date of enactment of this paragraph.
(16) The study of the Wekiva River and the tributaries
designated in paragraph (136) of subsection (a) shall be
completed and the report transmitted to Congress not later than
two years after the date of the enactment of this paragraph.
(17) Taunton River, Massachusetts.--Not later than 3 years
after the date of the enactment of this paragraph, the
Secretary of the Interior--
(A) shall complete the study of the Taunton River,
Massachusetts; and
(B) shall submit to Congress a report describing the
results of the study.
(18) The study of the Eightmile River, Connecticut, named in
paragraph (138) of subsection (a) shall be completed by the
Secretary of the Interior and the report thereon submitted to
Congress not later than 3 years after the date of the enactment
of this paragraph.
(19) Missisquoi and trout rivers, vermont.--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 Missisquoi and
Trout Rivers, Vermont, described in subsection
(a)(140); and
(B) submit a report describing the results of
that study to the appropriate committees of
Congress.
(__) 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.
(c) The study of any of said rivers shall be pursued in as
close cooperation with appropriate agencies of the affected
State and its political subdivisions as possible, shall be
carried on jointly with such agencies if request for such joint
study is made by the State, and shall include a determination
of the degree to which the State or its political subdivisions
might participate in the preservation and administration of the
river should it be proposed for inclusion in the national wild
and scenic rivers system.
(d)(1) In all planning for the use and development of water
and related land resources, consideration shall be given by all
Federal agencies involved to potential national wild, scenic
and recreational river areas, and all river basin and project
plan reports submitted to the Congress shall consider and
discuss any such potentials. The Secretary of the Interior and
the Secretary of Agriculture shall make specific studies and
investigations to determine which additional wild, scenic and
recreational river areas within the United States shall be
evaluated in planning reports by all Federal agencies as
potential alternative uses of the water and related land
resources involved.
(2) The Congress finds that the Secretary of the
Interior, in preparing the Nationwide Rivers Inventory
as a specific study for possible additions to the
National Wild and Scenic Rivers System, identified the
Upper Klamath River from below the John Boyle Dam to
the Oregon-California State line. The Secretary, acting
through the Bureau of Land Management, is authorized
under this subsection to complete a study of the
eligibility and suitability of such segment for
potential addition to the National Wild and Scenic
Rivers System. Such study shall be completed, and a
report containing the results of the study shall be
submitted to Congress by April 1, 1990. Nothing in this
paragraph shall affect the authority or
responsibilities of any other Federal agency with
respect to activities or actions on this segment and
its immediate environment.
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