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] ...


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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

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