[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2292 Reported in House (RH)]





                                                 Union Calendar No. 381

104th CONGRESS

  2d Session

                               H. R. 2292

                          [Report No. 104-716]

_______________________________________________________________________

                                 A BILL

 To preserve and protect the Hanford Reach of the Columbia River, and 
                          for other purposes.

_______________________________________________________________________

                             July 29, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 381
104th CONGRESS
  2d Session
                                H. R. 2292

                          [Report No. 104-716]

 To preserve and protect the Hanford Reach of the Columbia River, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 1995

  Mr. Hastings of Washington introduced the following bill; which was 
                 referred to the Committee on Resources

                             July 29, 1996

                   Additional sponsor: Mr. Nethercutt

                             July 29, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To preserve and protect the Hanford Reach of the Columbia River, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Hanford Reach Preservation 
Act''.</DELETED>

<DELETED>SEC. 2. AMENDMENT OF PUBLIC LAW 100-605.</DELETED>

<DELETED>    Section 2 of Public Law 100-605 is amended as 
follows:</DELETED>
        <DELETED>    (1) By striking ``Interim'' in the section 
        heading.</DELETED>
        <DELETED>    (2) By striking ``For a period of eight years 
        after'' and inserting ``After'' in subsection (a).</DELETED>
        <DELETED>    (3) By striking in subsection (b) ``During the 
        eight year interim protection period, provided by this section, 
        all'' and inserting ``All''.</DELETED>

                TITLE I--HANFORD REACH PRESERVATION ACT

SEC. 101. AMENDMENT OF PUBLIC LAW 100-605.

    Section 2 of Public Law 100-605 is amended as follows:
            (1) By striking ``interim'' in the section heading.
            (2) By striking ``For a period of eight years after'' and 
        inserting ``After'' in subsection (a).
            (3) By striking in subsection (b) ``During the eight year 
        interim protection period, provided by this section, all'' and 
        inserting ``All''.

              TITLE II--LAMPREY WILD AND SCENIC RIVER ACT

SEC. 201. DESIGNATION.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding the following new paragraph at the end thereof:
    ``(157) Lamprey River, New Hampshire.--The 11.5-mile segment 
extending from the southern Lee town line to the confluence with the 
Piscassic River in the vicinity of the Durham-Newmarket town line 
(hereinafter in this paragraph referred to as the `segment') as a 
recreational river. The segment shall be administered by the Secretary 
of the Interior through cooperative agreements between the Secretary 
and the State of New Hampshire and its relevant political subdivisions, 
namely the towns of Durham, Lee, and Newmarket, pursuant to section 
10(e) of this Act. The segment shall be managed in accordance with the 
Lamprey River Management Plan dated January 10, 1995, and such 
amendments thereto as the Secretary of the Interior determines are 
consistent with this Act. Such plan shall be deemed to satisfy the 
requirements for a comprehensive management plan pursuant to section 
3(d) of this Act.''.

SEC. 202. MANAGEMENT.

    (a) Committee.--The Secretary of the Interior shall coordinate his 
management responsibilities under this Act with respect to the segment 
designated by section 3 with the Lamprey River Advisory Committee 
established pursuant to New Hampshire RSA 483.
    (b) Land Management.--The zoning ordinances duly adopted by the 
towns of Durham, Lee, and Newmarket, New Hampshire, including 
provisions for conservation of shorelands, floodplains, and wetlands 
associated with the segment, shall be deemed to satisfy the standards 
and requirements of section 6(c) of the Wild and Scenic Rivers Act, and 
the provisions of that section, which prohibit Federal acquisition of 
lands by condemnation, shall apply to the segment designated by section 
201 of this Act. The authority of the Secretary to acquire lands for 
the purposes of this paragraph shall be limited to acquisition by 
donation or acquisition with the consent of the owner thereof, and 
shall be subject to the additional criteria set forth in the Lamprey 
River Management Plan.

SEC. 203. UPSTREAM SEGMENT.

    Upon request by the town of Epping, which abuts an additional 12 
miles of river found eligible for designation as a recreational river, 
the Secretary of the Interior shall offer assistance regarding 
continued involvement of the town of Epping in the implementation of 
the Lamprey River Management Plan and in consideration of potential 
future addition of that portion of the river within Epping as a 
component of the Wild and Scenic Rivers System.

      TITLE III--WEST VIRGINIA NATIONAL RIVERS AMENDMENTS OF 1996

SEC. 301. AMENDMENTS PERTAINING TO THE NEW RIVER GORGE NATIONAL RIVER.

    (a) Boundaries.--Section 1101 of the National Parks and Recreation 
Act of 1978 (16 U.S.C. 460m-15) is amended by striking out ``NERI-
80,023, dated January 1987'' and inserting ``NERI-80,028A, dated March 
1996''.
    (b) Fish and Wildlife Management.--Section 1106 of the National 
Parks and Recreation Act of 1978 (16 U.S.C. 460m-20) is amended by 
adding the following at the end thereof: ``The Secretary shall permit 
the State of West Virginia to undertake fish stocking activities 
carried out by the State, in consultation with the Secretary, on waters 
within the boundaries of the national river. Nothing in this Act shall 
be construed as affecting the jurisdiction of the State of West 
Virginia with respect to fish and wildlife.''.
    (c) Conforming Amendments.--Title XI of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 460m-15 and following) is amended by 
adding the following new section at the end thereof:

``SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.

    ``(a) Cooperative Agreements.--The provisions of section 202(e)(1) 
of the West Virginia National Interest River Conservation Act of 1987 
(16 U.S.C. 460ww-1(e)(1)) shall apply to the New River Gorge National 
River in the same manner and to the same extent as such provisions 
apply to the Gauley River National Recreation Area.
    ``(b) Remnant Lands.--The provisions of the second sentence of 
section 203(a) of the West Virginia National Interest River 
Conservation Act of 1987 (16 U.S.C. 460ww-2(a)) shall apply to tracts 
of land partially within the boundaries of the New River Gorge National 
River in the same manner and to the same extent as such provisions 
apply to tracts of land only partially within the Gauley River National 
Recreation Area.''.

SEC. 302. AMENDMENTS PERTAINING TO THE GAULEY RIVER NATIONAL RECREATION 
              AREA.

    (a) Technical Amendment.--Section 205(c) of the West Virginia 
National Interest River Conservation Act of 1987 (16 U.S.C. 460ww-4(c)) 
is amended by adding the following at the end thereof: ``If project 
construction is not commenced within the time required in such license, 
or if such license is surrendered at any time, such boundary 
modification shall cease to have any force and effect.''.
    (b) Gauley Access.--Section 202(e) of the West Virginia National 
Interest River Conservation Act of 1987 (16 U.S.C. 460ww-1(e)) is 
amended by adding the following new paragraph at the end thereof:
            ``(4) Access to river.--(A) In order to facilitate public 
        safety, use, and enjoyment of the recreation area, and to 
        protect, to the maximum extent feasible, the scenic and natural 
        resources of the area, the Secretary is authorized and directed 
        to acquire such lands or interests in lands and to take such 
        actions as are necessary to provide access by noncommercial 
        entities on the north side of the Gauley River at the area 
        known as Woods Ferry utilizing existing roads and rights-of-
        way. Such actions by the Secretary shall include the 
        construction of parking and related facilities in the vicinity 
        of Woods Ferry for noncommercial use on lands acquired pursuant 
        to paragraph (3) or on lands acquired with the consent of the 
        owner thereof within the boundaries of the recreation area.
            ``(B) If necessary, in the discretion of the Secretary, in 
        order to minimize environmental impacts, including visual 
        impacts, within portions of the recreation area immediately 
        adjacent to the river, the Secretary may, by contract or 
        otherwise, provide transportation services for noncommercial 
        visitors, at reasonable cost, between such parking facilities 
        and the river.
            ``(C) Nothing in subparagraph (A) shall affect the rights 
        of any person to continue to utilize, pursuant to a lease in 
        effect on April 1, 1993, any right of way acquired pursuant to 
        such lease which authorizes such person to use an existing road 
        referred to in subparagraph (A). Except as provided under 
        paragraph (2) relating to access immediately downstream of the 
        Summersville project, until there is compliance with this 
        paragraph the Secretary is prohibited from acquiring or 
        developing any other river access points within the recreation 
        area.''.

SEC. 303. AMENDMENTS PERTAINING TO THE BLUESTONE NATIONAL SCENIC RIVER.

    (a) Boundaries.--Section 3(a)(65) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)(65)) is amended by striking out ``WSR-BLU/20,000, 
and dated January 1987'' and inserting ``BLUE-80,005, dated May 1996''.
    (b) Public Access.--Section 3(a)(65) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)(65)) is amended by adding the following at the 
end thereof: ``In order to provide reasonable public access and vehicle 
parking for public use and enjoyment of the river designated by this 
paragraph, consistent with the preservation and enhancement of the 
natural and scenic values of such river, the Secretary may, with the 
consent of the owner thereof, negotiate a memorandum of understanding 
or cooperative agreement, or acquire not more than 10 acres of lands or 
interests in such lands, or both, as may be necessary to allow public 
access to the Bluestone River and to provide, outside the boundary of 
the scenic river, parking and related facilities in the vicinity of the 
area known as Eads Mill.''.

TITLE IV--LIMITATION ON LAND ACQUISITION: MISSOURI RIVER, NEBRASKA AND 
                              SOUTH DAKOTA

    The undesignated paragraph in section 3(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)) relating to the 39-mile segment of the 
Missouri River, Nebraska and South Dakota, from the headwaters of Lewis 
and Clark Lake to Ft. Randall Dam is amended by adding at the end the 
following: ``Notwithstanding section 6(a), lands and interests in lands 
may not be acquired for the purposes of this paragraph without the 
consent of the owner thereof.''.

     TITLE V--TECHNICAL AMENDMENT TO THE WILD AND SCENIC RIVERS ACT

SEC. 501. NUMBERING OF PARAGRAPHS.

    (a) Designations.--The unnumbered paragraphs in section 3(a) of the 
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), relating to each of the 
following river segments, are each amended by numbering such paragraphs 
as follows:
                                                              Paragraph
River:                                                          Number 
    East Fork of Jemez, New Mexico.............................   (109)
    Pecos River, New Mexico....................................   (110)
    Smith River, California....................................   (111)
    Middle Fork Smith River, California........................   (112)
    North Fork Smith River, California.........................   (113)
    Siskiyou Fork Smith River, California......................   (114)
    South Fork Smith River, California.........................   (115)
    Clarks Fork, Wyoming.......................................   (116)
    Niobrara, Nebraska.........................................   (117)
    Missouri River, Nebraska and South Dakota..................   (118)
    Bear Creek, Michigan.......................................   (119)
    Black, Michigan............................................   (120)
    Carp, Michigan.............................................   (121)
    Indian, Michigan...........................................   (122)
    Manistee, Michigan.........................................   (123)
    Ontonagon, Michigan........................................   (124)
    Paint, Michigan............................................   (125)
    Pine, Michigan.............................................   (126)
    Presque Isle, Michigan.....................................   (127)
    Sturgeon, Hiawatha National Forest, Michigan...............   (128)
    Sturgeon, Ottawa National Forest, Michigan.................   (129)
    East Branch of the Tahquamenon, Michigan...................   (130)
    Whitefish, Michigan........................................   (131)
    Yellow Dog, Michigan.......................................   (132)
    Allegheny, Pennsylvania....................................   (133)
    Big Piney Creek, Arkansas..................................   (134)
    Buffalo River, Arkansas....................................   (135)
    Cossatot River, Arkansas...................................   (136)
    Hurricane Creek, Arkansas..................................   (137)
    Little Missouri River, Arkansas............................   (138)
    Mulberry River, Arkansas...................................   (139)
    North Sylamore Creek, Arkansas.............................   (140)
    Richland Creek, Arkansas...................................   (141)
    Sespe Creek, California....................................   (142)
    Sisquoc River, California..................................   (143)
    Big Sur River, California..................................   (144)
    Great Egg Harbor River, New Jersey.........................   (145)
    The Maurice River, Middle Segment..........................   (146)
    The Maurice River, Middle Segment..........................   (147)
    The Maurice River, Upper Segment...........................   (148)
    The Menantico Creek, Lower Segment.........................   (149)
    The Menantico Creek, Upper Segment.........................   (150)
    Manumuskin River, Lower Segment............................   (151)
    Manumuskin River, Upper Segment............................   (152)
    Muskee Creek, New Jersey...................................   (153)
    Red River, Kentucky........................................   (154)
    Rio Grande, New Mexico.....................................   (155)
    Farmington River, Connecticut..............................   (156)
    (b) Study Rivers.--Section 5(a) of such Act is amended as follows:
            (1) Paragraph (106), relating to St. Mary's, Florida, is 
        renumbered as paragraph (108).
            (2) Paragraph (112), relating to White Clay Creek, Delaware 
        and Pennsylvania, is renumbered as paragraph (113).
            (3) The unnumbered paragraphs, relating to each of the 
        following rivers, are amended by numbering such paragraphs as 
        follows:
                                                              Paragraph
        River:                                                  Number 
            Mills River, North Carolina........................   (109)
            Sudbury, Assabet, and Concord, Massachusetts.......   (110)
            Niobrara, Nebraska.................................   (111)
            Lamprey, New Hampshire.............................   (112)
            Brule, Michigan and Wisconsin......................   (114)
            Carp, Michigan.....................................   (115)
            Little Manistee, Michigan..........................   (116)
            White, Michigan....................................   (117)
            Ontonagon, Michigan................................   (118)
            Paint, Michigan....................................   (119)
            Presque Isle, Michigan.............................   (120)
            Sturgeon, Ottawa National Forest, Michigan.........   (121)
            Sturgeon, Hiawatha National Forest, Michigan.......   (122)
            Tahquamenon, Michigan..............................   (123)
            Whitefish, Michigan................................   (124)
            Clarion, Pennsylvania..............................   (125)
            Mill Creek, Jefferson and Clarion Counties,           (126)
            Pennsylvania.
            Piru Creek, California.............................   (127)
            Little Sur River, California.......................   (128)
            Matilija Creek, California.........................   (129)
            Lopez Creek, California............................   (130)
            Sespe Creek, California............................   (131)
            North Fork Merced, California......................   (132)
            Delaware River, Pennsylvania and New Jersey........   (133)
            New River, West Virginia and Virginia..............   (134)
            Rio Grande, New Mexico.............................   (135)

        TITLE VI--PROTECTION OF NORTH ST. VRAIN CREEK, COLORADO

SEC. 601. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.

    The Act of January 26, 1915, establishing Rocky Mountain National 
Park (38 Stat. 798; 16 U.S.C. 191 and following), is amended by adding 
the following new section at the end thereof:

``SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.

    ``Neither the Secretary of the Interior nor any other Federal 
agency or officer may approve or issue any permit for, or provide any 
assistance for, the construction of any new dam, reservoir, or 
impoundment on any segment of North St. Vrain Creek or its tributaries 
within the boundaries of Rocky Mountain National Park or on the main 
stem of North St. Vrain Creek downstream to the point at which the 
creek crosses the elevation 6,550 feet above mean sea level. Nothing in 
this section shall be construed to prevent the issuance of any permit 
for the construction of a new water gaging station on North St. Vrain 
Creek at the point of its confluence with Coulson Gulch.''.

SEC. 602. ENCOURAGEMENT OF EXCHANGES.

    (a) Lands Inside Rocky Mountain National Park.--Promptly following 
enactment of this Act, the Secretary of the Interior shall seek to 
acquire by donation or exchange those lands within the boundaries of 
Rocky Mountain National Park owned by the city of Longmont, Colorado, 
that are referred to in section 111(d) of the Act commonly referred to 
as the ``Colorado Wilderness Act of 1980'' (Public Law 96-560; 94 Stat. 
3272; 16 U.S.C. 192b-9(d)).
    (b) Other Lands.--The Secretary of Agriculture shall immediately 
and actively pursue negotiations with the city of Longmont, Colorado, 
concerning the city's proposed exchange of lands owned by the city and 
located in and near Coulson Gulch for other lands owned by the United 
States. The Secretary shall report to Congress 2 calendar years after 
the date of enactment of this Act, and every 2 years thereafter on the 
progress of such negotiations until negotiations are complete.