Home > 106th Congressional Bills > H.R. 193 (rh) To designate a portion of the Sudbury, Assabet, and Concord Rivers as a component of the National Wild and Scenic Rivers System. [Reported in House] ...H.R. 193 (rh) To designate a portion of the Sudbury, Assabet, and Concord Rivers as a component of the National Wild and Scenic Rivers System. [Reported in House] ...
106th CONGRESS
1st Session
H. R. 193
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 1999
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To designate a portion of the Sudbury, Assabet, and Concord Rivers as a
component of the National Wild and Scenic Rivers System.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudbury, Assabet, and Concord Wild
and Scenic River Act''.
SEC. 2. DESIGNATION OF SUDBURY, ASSABET, AND CONCORD SCENIC AND
RECREATIONAL RIVERS, MASSACHUSETTS.
(a) Findings.--The Congress finds the following:
(1) The Sudbury, Assabet, and Concord Wild and Scenic River
Study Act (title VII of Public Law 101-628; 104 Stat. 4497)--
(A) designated segments of the Sudbury, Assabet,
and Concord Rivers in the Commonwealth of
Massachusetts, totaling 29 river miles, for study and
potential addition to the National Wild and Scenic
Rivers System; and
(B) directed the Secretary of the Interior to
establish the Sudbury, Assabet, and Concord Rivers
Study Committee (in this section referred to as the
``Study Committee'') to advise the Secretary in
conducting the study and in the consideration of
management alternatives should the rivers be included
in the National Wild and Scenic Rivers System.
(2) The study determined the following river segments are
eligible for inclusion in the National Wild and Scenic Rivers
System based on their free-flowing condition and outstanding
scenic, recreation, wildlife, cultural, and historic values:
(A) The 16.6-mile segment of the Sudbury River
beginning at the Danforth Street Bridge in the town of
Framingham, to its confluence with the Assabet River.
(B) The 4.4-mile segment of the Assabet River from
1,000 feet downstream from the Damon Mill Dam in the
town of Concord to the confluence with the Sudbury
River at Egg Rock in Concord.
(C) The 8-mile segment of the Concord River from
Egg Rock at the confluence of the Sudbury and Assabet
Rivers to the Route 3 bridge in the town of Billerica.
(3) The towns that directly abut the segments, including
Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford,
Carlisle, and Billerica, Massachusetts, have each demonstrated
their desire for National Wild and Scenic River designation
through town meeting votes endorsing designation.
(4) During the study, the Study Committee and the National
Park Service prepared a comprehensive management plan for the
segment, entitled ``Sudbury, Assabet and Concord Wild and
Scenic River Study, River Conservation Plan'' and dated March
16, 1995 (in this section referred to as the ``plan''), which
establishes objectives, standards, and action programs that
will ensure long-term protection of the rivers' outstanding
values and compatible management of their land and water
resources.
(5) The Study Committee voted unanimously on February 23,
1995, to recommend that the Congress include these segments in
the National Wild and Scenic Rivers System for management in
accordance with the plan.
(b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following new
paragraph:
``(160) Sudbury, Assabet, and Concord Rivers, Massachusetts.--(A)
The 29 miles of river segments in Massachusetts, as follows:
``(i) The 14.9-mile segment of the Sudbury River beginning
at the Danforth Street Bridge in the town of Framingham,
downstream to the Route 2 Bridge in Concord, as a scenic river.
``(ii) The 1.7-mile segment of the Sudbury River from the
Route 2 Bridge downstream to its confluence with the Assabet
River at Egg Rock, as a recreational river.
``(iii) The 4.4-mile segment of the Assabet River beginning
1,000 feet downstream from the Damon Mill Dam in the town of
Concord, to its confluence with the Sudbury River at Egg Rock
in Concord; as a recreational river.
``(iv) The 8-mile segment of the Concord River from Egg
Rock at the confluence of the Sudbury and Assabet Rivers
downstream to the Route 3 Bridge in the town of Billerica, as a
recreational river.
``(B) The segments referred to in subparagraph (A) shall be
administered by the Secretary of the Interior in cooperation with the
SUASCO River Stewardship Council provided for in the plan referred to
in subparagraph (C) through cooperative agreements under section 10(e)
between the Secretary and the Commonwealth of Massachusetts and its
relevant political subdivisions (including the towns of Framingham,
Wayland, Sudbury, Lincoln, Concord, Carlisle, Bedford, and Billerica).
``(C) The segments referred to in subparagraph (A) shall be managed
in accordance with the plan entitled `Sudbury, Assabet and Concord Wild
and Scenic River Study, River Conservation Plan', dated March 16, 1995.
The plan is deemed to satisfy the requirement for a comprehensive
management plan under subsection (d) of this section.''.
(c) Federal Role in Management.--(1) The Director of the National
Park Service or the Director's designee shall represent the Secretary
of the Interior in the implementation of the plan, this section, and
the Wild and Scenic Rivers Act with respect to each of the segments
designated by the amendment made by subsection (b), including the
review of proposed federally assisted water resources projects that
could have a direct and adverse effect on the values for which the
segment is established, as authorized under section 7(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1278(a)).
(2) Pursuant to sections 10(e) and section 11(b)(1) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Director shall
offer to enter into cooperative agreements with the Commonwealth of
Massachusetts, its relevant political subdivisions, the Sudbury Valley
Trustees, and the Organization for the Assabet River. Such cooperative
agreements shall be consistent with the plan and may include provisions
for financial or other assistance from the United States to facilitate
the long-term protection, conservation, and enhancement of each of the
segments designated by the amendment made by subsection (b).
(3) The Director may provide technical assistance, staff support,
and funding to assist in the implementation of the plan, except that
the total cost to the Federal Government of activities to implement the
plan may not exceed $100,000 each fiscal year.
(4) Notwithstanding section 10(c) of the Wild and Scenic Rivers Act
(16 U.S.C. 1281(c)), any portion of a segment designated by the
amendment made by subsection (b) that is not already within the
National Park System shall not under this section--
(A) become a part of the National Park System;
(B) be managed by the National Park Service; or
(C) be subject to regulations which govern the National
Park System.
(d) Water Resources Projects.--(1) In determining whether a
proposed water resources project would have a direct and adverse effect
on the values for which the segments designated by the amendment made
by subsection (b) were included in the National Wild and Scenic Rivers
System, the Secretary of the Interior shall specifically consider the
extent to which the project is consistent with the plan.
(2) The plan, including the detailed Water Resources Study
incorporated by reference in the plan and such additional analysis as
may be incorporated in the future, shall serve as the primary source of
information regarding the flows needed to maintain instream resources
and potential compatibility between resource protection and possible
additional water withdrawals.
(e) Land Management.--(1) The zoning bylaws of the towns of
Framingham, Sudbury, Wayland, Lincoln, Concord, Carlisle, Bedford, and
Billerica, Massachusetts, as in effect on the date of enactment of this
Act, are deemed to satisfy the standards and requirements under section
6(c) of the Wild and Scenic rivers Act (16 U.S.C. 1277(c)). For the
purpose of that section, the towns are deemed to be ``villages'' and
the provisions of that section which prohibit Federal acquisition of
lands through condemnation shall apply.
(2) The United States Government shall not acquire by any means
title to land, easements, or other interests in land along the segments
designated by the amendment made by subsection (b) or their tributaries
for the purposes of designation of the segments under the amendment.
Nothing in this section shall prohibit Federal acquisition of interests
in land along those segments or tributaries under other laws for other
purposes.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior to carry out this section
not to exceed $100,000 for each fiscal year.
(g) Existing Undesignated Paragraphs; Removal of Duplication.--
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended--
(1) by striking the first undesignated paragraph after
paragraph (156), relating to Elkhorn Creek, Oregon; and
(2) by designating the three remaining undesignated
paragraphs after paragraph (156) as paragraphs (157), (158),
and (159), respectively.
Passed the House of Representatives February 23, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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