[House Report 112-370]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-370
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YORK RIVER WILD AND SCENIC RIVER STUDY ACT
OF 2011
_______
January 18, 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. 2336]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2336) to amend the Wild and Scenic Rivers Act to
designate segments of the York River and associated tributaries
for study for potential inclusion in the National Wild and
Scenic Rivers System, 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 ``York River Wild and Scenic River Study
Act of 2011''.
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:
``(_) York river, maine.--(A) The York River that flows 11.25
miles from its headwaters at York Pond to the mouth of the
river at York Harbor, and all associated tributaries.
``(B) The study conducted under this paragraph shall--
``(i) determine the effect of the designation on--
``(I) existing commercial and recreational
activities, such as hunting, fishing, trapping,
recreational shooting, motor boat use, bridge
construction;
``(II) the authorization, construction,
operation, maintenance, or improvement of
energy production and transmission
infrastructure; and
``(III) the authority of State and local
governments to manage those activities; and
``(ii) identify--
``(I) all authorities that will authorize or
require the Secretary to influence local land
use decisions (such as zoning) or place
restrictions on non-Federal land if designated
under this Act;
``(II) all authorities that the Secretary may
use to condemn property; and
``(III) all private property located in the
area studied under this paragraph.''.
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:
``(_) York river, maine.--The study of the York River, Maine,
named in paragraph (__) 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 on which
funds are made available to carry out this paragraph.''.
Purpose of the Bill
The purpose of H.R. 2336, as ordered reported, is to amend
the Wild and Scenic Rivers Act to designate segments of the
York River and associated tributaries for study for potential
inclusion in the National Wild and Scenic Rivers System.
Background and Need for Legislation
H.R. 2336 authorizes the National Park Service (NPS) to
study 11.25 miles of the York River, in the State of Maine,
from its headwaters at York Pond to the mouth of the river at
York Harbor plus its tributaries. The Wild and Scenic Rivers
Act of 1968 intended to put a development freeze on rivers to
preserve their ``free-flowing'' values against the influx of
man-made dams being constructed at the time. Temporary
restrictions on actions involving federal participation
accompany the designation of a river during the study period.
Although no risks to the York River necessitating federal
designation were identified, proponents of the study explained
that they would benefit from the expertise of NPS and the
interaction with the community and students.
Typically, rivers that may be included into the Wild and
Scenic Rivers program operated by NPS are first studied for
their suitability. The river is evaluated on its ``free-
flowing'' condition and classified as wild, scenic or
recreational, depending on the amount of development on and
near the river.
During markup, 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 York River 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 York River, but
tributaries as well. The size scope of the resulting
designation could be well beyond what is currently anticipated
in the impacted towns.
Committee Action
H.R. 2336 was introduced on June 23, 2011, by Congresswoman
Chellie Pingree (D-ME). 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
September 15, 2011, the Subcommittee held a hearing on the
bill. On November 17, 2011, the Natural 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 en bloc amendment
designated .044 to the bill; the amendment was adopted by
unanimous consent. The bill, as amended, was then 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. 2336--York River Wild and Scenic River Study Act of 2011
H.R. 2336 would require the National Park Service (NPS) to
study a segment of the York River in southwest Maine 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 less than $250,000 over
the next three years, assuming availability of appropriated
funds. Enacting H.R. 2336 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 2336 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. 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 less than $250,000 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 York
River and associated tributaries for study for potential
inclusion in 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) The following rivers are hereby designated for
potential addition to the national wild and scenic rivers
system:
(1) * * *
* * * * * * *
(_) York river, maine.--(A) The York River that flows
11.25 miles from its headwaters at York Pond to the
mouth of the river at York Harbor, and all associated
tributaries.
(B) The study conducted under this paragraph shall--
(i) determine the effect of the designation
on--
(I) existing commercial and
recreational activities, such as
hunting, fishing, trapping,
recreational shooting, motor boat use,
bridge construction;
(II) the authorization, construction,
operation, maintenance, or improvement
of energy production and transmission
infrastructure; and
(III) the authority of State and
local governments to manage those
activities; and
(ii) identify--
(I) all authorities that will
authorize or require the Secretary to
influence local land use decisions
(such as zoning) or place restrictions
on non-Federal land if designated under
this Act;
(II) all authorities that the
Secretary may use to condemn property;
and
(III) all private property located in
the area studied under this paragraph.
* * * * * * *
(b)(1) * * *
* * * * * * *
(_) York river, maine.--The study of the York River,
Maine, named in paragraph (__) 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 on which funds are made available
to carry out this paragraph.
* * * * * * *