[Senate Report 117-50]
[From the U.S. Government Publishing Office]
Calendar No. 200
117th Congress } { Report
SENATE
1st Session } { 117-50
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YORK WILD AND SCENIC RIVER
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December 16, 2021.--Ordered to be printed
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Mr. Manchin, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 491]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 491) to amend the Wild and Scenic Rivers
Act to designate certain river segments in the York River
watershed in the State of Maine as components of 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. 491 is to designate approximately 30.8
miles of the York River in Maine and its tributaries as a
recreational component of the National Wild and Scenic Rivers
System.
Background and Need
Enacted in 2014, section 3074 of Public Law 113-291
authorized a study of the York River in Maine to assess its
suitability for potential designation under the Wild and Scenic
Rivers Act.
The York River, located in southern Maine near the border
between Maine and New Hampshire, is one of the smallest of the
60 rivers that flow into the Gulf of Maine. The Gulf of Maine
is fringed by coastal marshes and estuaries along the coast of
Massachusetts, New Hampshire, and Maine that serve as feeding
grounds and nurseries for fish, crustaceans, and tidal and
migratory birds. Along with coastal habitat, this area supports
a long history of fishing, recreation, and coastal development,
and continues to provide resources for the people who live,
work, and visit the region.
In January 2020, the National Park Service released its
study, which it prepared in partnership with local
stakeholders. The study found that the free-flowing segments of
the York River and its tributaries are eligible for designation
as a Wild and Scenic River based on the presence of multiple
outstandingly remarkable values. These segments meet the
classification under the Wild and Scenic Rivers Act of a
``recreational river'' due to the existing level of human
development.
The study found that the York River watershed includes the
river and numerous wetlands, ponds, and tributaries, as well as
drinking water reservoirs and one of the Gulf of Maine's least
disturbed marsh-estuarine ecosystems. The entire estuary
provides habitat for roosting and feeding tidal wading birds
and waterfowl as well as migratory birds including the rare
saltmarsh sharp-tailed sparrow, which inhabits only coastal
salt marshes of the eastern United States.
The York River supports 28 species of diadromous fish
including smelt, alewives, eel, bluefish, striped bass, and
Atlantic herring. Its headwaters are characterized by numerous
biologically important wetlands and riverine forests. Home to
rare and threatened species like the ringed boghaunter, one of
the rarest dragonflies in North America, these forests and
wetlands are at the northernmost extent of the geographic range
of many plant and animal species.
The York River would be the second designated Wild and
Scenic River in Maine, along with the Allagash, and the 13th
designated river in New England.
Legislative History
S. 491 was introduced by Senators King and Collins on March
1, 2021. The Subcommittee on National Parks held a hearing on
the bill on June 23, 2021. Senators King and Collins introduced
similar legislation in the 116th Congress, S. 4938, although no
action was taken on that bill.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on November 18, 2021, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
491. Senator Lee asked to be recorded as voting no.
Section-by-Section Analysis
Section 1. Short title
Section 1 establishes the short title of the Act, as the
``York Wild and Scenic River Act of 2021.''
Section 2. Designation of York Wild and Scenic River, Maine
Section 2 amends section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) to add a new paragraph designating 30.8
miles of the York River and its tributaries (including portions
of Bass Cove Creek, Cider Hill Creek, Cutts Ridge Brook, Dolly
Gordon Brook, Libby Brook, Rogers Brook, and Smelt Brook) in
Maine to be administered by the Secretary of the Interior as a
recreational river.
Section 3. Management of York Wild and Scenic River, Maine
Subsection (a) provides definitions for the section.
Subsection (b) requires the Secretary of the Interior to
manage the designated river segments in accordance with a river
stewardship plan developed by the York River Stewardship
Committee in consultation with the National Park Service.
Subsection (c) requires the Secretary to coordinate the
management responsibilities with the Stewardship Committee, as
provided in the stewardship plan.
Subsection (d) authorizes the Secretary to enter into
cooperative agreements with the State of Maine and local
communities and organizations to provide for the long-term
protection, preservation, and enhancement of the designated
river segments.
Subsection (e) clarifies zoning ordinances in relation to
the covered segments, and also states that the Secretary's
authority to acquire land is limited to donation or acquisition
with consent of the landowner and subject to additional
criteria in the stewardship plan. It further states that land
may not be acquired by condemnation.
Subsection (f) provides that the designated river segments
will not be administered as a unit of the National Park System
or subject to the laws applicable to units of the National Park
System.
Cost and Budgetary Considerations
The Congressional Budget Office has not estimated the costs
of S. 491 as passed by the Senate. The Committee has requested,
but has not yet received, the Congressional Budget Office's
estimate of the cost of S. 491 as ordered reported. When the
Congressional Budget Office completes its cost estimate, it
will be posted on the Internet at www.cbo.gov.
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. 491. 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. 491, as ordered reported.
Congressionally Directed Spending
S. 491, as ordered 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 Department of the Interior at
the June 23, 2021, hearing on S. 491 follows:
Statement of Michael A. Caldwell, Acting Associate Director, Park
Planning, Facilities and Lands, National Park Service, U.S. Department
of the Interior
Chairman King, Ranking Member Daines, and members of the
Subcommittee, thank you for the opportunity to present the
views of the Department of the Interior on S. 491, a bill to
amend the Wild and Scenic Rivers Act to designate certain river
segments within the York watershed in the State of Maine as
components of the National Wild and Scenic River System, and
for other purposes.
Initial review indicates that the segments proposed for
designation under this bill may be eligible for inclusion into
the National Wild and Scenic Rivers System. However, the study
report is currently under internal review. We respectfully
recommend that the committee defer action on S. 491 until the
review is completed and the final report is issued, which we
anticipate will occur in the near future.
S. 491 would designate eight segments of the York River
totaling 30.8 miles as part of the System, to be administered
by the Secretary of the Interior as a recreational river. The
segments would be managed in accordance with the York River
Watershed Stewardship Plan (August 2018) prepared as a part of
the study, with the Secretary coordinating administration and
management with a locally based stewardship committee, as
specified in the plan.
The bill would authorize the Secretary to enter into
cooperative agreements with the State of Maine, the
municipalities of Eliot, Kittery, South Berwick, and York, and
appropriate local, regional, or State planning, environmental,
or recreational organizations. The legislation follows the
model of other recent New England Wild and Scenic River
designations based on a ``partnership'' model emphasizing
locally based management solutions and a limited federal role.
The study of the York River was authorized by P.L. 113-291,
the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015. The National Park
Service has conducted the study in close cooperation with the
adjoining communities, the State of Maine, the Wells National
Estuarine Research Reserve, and other interested local parties.
Technical assistance provided as a part of the study made
possible the development of the York River Watershed
Stewardship Plan (August 2018).
This plan is based primarily around local partner actions
designed to guide the stewardship of certain segments the York
River with or without a National Wild and Scenic River
designation. The draft York Wild and Scenic River Study Report
was made available for public review and comment from January
10 to April 10, 2020. Public comments received on the draft
were overwhelmingly in support of designation. If S. 491 is
enacted, segments of the York River and its tributaries would
be administered as a partnership wild and scenic river, similar
to several other designations in the Northeast, including the
upper Farmington River and the Eightmile River in Connecticut,
and the Lamprey River in New Hampshire.
Mr. Chairman, this concludes my statement. I would be
pleased to answer any questions you or other members of the
Subcommittee may have.
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. 491, 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; Approved October 2, 1968)
[16 U.S.C. 1271 et seq.]
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 be cited as 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:
* * * * * * *
``(231) York River, Maine.--The following segments of the main
stem and tributaries (including portions of Bass Cove Creek,
Cider Hill Creek, Cutts Ridge Brook, Dolly Gordon Brook, Libby
Brook, Rogers Brook, and Smelt Brook) in the State of Maine,
totaling approximately 30.8 miles, to be administered by the
Secretary of the Interior, as a recreational river:
``(A) The approximately 0.95-mile segment of
Bass Cove Creek from the outlet of Boulter Pond
in York, Maine, and extending downstream to the
confluence with the York River in York,
Maine.''
``(B) The approximately 3.77-mile segment of
Cider Hill Creek from the Middle Pond dam in
York, Maine, and extending downstream to the
confluence with the York River in York,
Maine.''
``(C) The approximately 2.15-mile segment of
Cutts Ridge Brook from the headwaters in
Kittery, Maine, and extending downstream to the
confluence with the York River in York,
Maine.''
``(D) The approximately 3.17-mile segment of
Dolly Gordon Brook from the headwaters in York,
Maine, and extending downstream to the
confluence with the York River in York,
Maine.''
``(E) The approximately 1.65-mile segment of
Libby Brook from the headwaters in Kittery,
Maine, and extending downstream to the
confluence with Dolly Gordon Brook in York,
Maine.''
``(F) The approximately 2.43-mile segment of
Rogers Brook from the headwaters in Eliot,
Maine, and extending downstream to the
confluence with the York River in York,
Maine.''
``(G) The approximately 4.54-mile segment of
Smelt Brook from the Bell Marsh Reservoir dam
in York, Maine, and extending downstream to the
confluence with the York River in York,
Maine.''
``(H) The approximately 12.14-mile segment of
the York River from the outlet of York Pond in
Eliot, Maine, and extending downstream to the
Route 103 Bridge in York, including Barrell
Mill Pond in York Maine.''.
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