[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1174 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1174

 To amend the Wild and Scenic Rivers Act to designate certain segments 
  of the Lamprey River in New Hampshire as components of the National 
         Wild and Scenic Rivers System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 10 (legislative day, July 10), 1995

 Mr. Gregg (for himself and Mr. Smith) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Wild and Scenic Rivers Act to designate certain segments 
  of the Lamprey River in New Hampshire as components of the 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,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lamprey Wild and Scenic River Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Lamprey River Study Act of 1991 (Public Law 102-
        214; 105 Stat. 1663) authorized the study of a segment of the 
        Lamprey River in New Hampshire for potential inclusion in the 
        National Wild and Scenic Rivers System;
            (2) the study determined that the segment of river from the 
        Bunker Pond Dam in Epping, New Hampshire, to the confluence 
        with the Piscassic River near the Durham-Newmarket town line is 
        eligible for inclusion in the National Wild and Scenic Rivers 
        System based on the free-flowing condition and outstanding 
        ecological, anadromous fish, and historical values of the 
        segment;
            (3) during the study, the Lamprey River Advisory Committee, 
        with assistance from the National Park Service and the New 
        Hampshire Department of Environmental Services, prepared a 
        comprehensive management plan for the studied river segment, 
        dated January 10, 1995 (referred to in this Act as the 
        ``Lamprey River Management Plan''), which establishes 
        objectives, standards, and action programs that will ensure 
        long-term protection of the outstanding values of the river and 
        compatible management of the land and water resources of the 
        river, without Federal management of affected lands not owned 
        by the United States;
            (4) the Lamprey River Advisory Committee has unanimously 
        voted in favor of wild and scenic river designation for the 
        river, and has included this recommendation as an integral part 
        of the Lamprey River Management Plan; and
            (5)(A) the governing bodies of the towns of Newmarket, 
        Durham, and Lee have voted to endorse the Lamprey River 
        Management Plan and to seek designation of the river as a 
        component of the National Wild and Scenic Rivers System; and
            (B) the upstream town of Epping, which participated in the 
        study on an informal basis, has chosen not to vote on the 
        Lamprey River Management Plan or designation at this time.

SEC. 3. 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:
            ``(  ) 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 (referred to in this paragraph 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 the towns of Durham, Lee, and Newmarket, New 
        Hampshire, under section 10(e). The segment shall be managed in 
        accordance with the Lamprey River Management Plan dated January 
        10, 1995, and such amendments to the plan as the Secretary of 
        the Interior determines are consistent with this Act. The plan 
        shall be deemed to satisfy the requirements for a comprehensive 
        management plan pursuant to section 3(d).''.

SEC. 4. MANAGEMENT.

    (a) Committee.--The Secretary of the Interior shall coordinate the 
management responsibilities of the Secretary under this Act and the 
amendment made by this Act with respect to the river segment designated 
by the amendment made by section 3 (referred to in this section as the 
``segment'') with the Lamprey River Advisory Committee established 
under section 483 of the New Hampshire Revised Statutes Annotated.
    (b) Land Management.--
            (1) Zoning ordinances.--For the purposes of the segment, 
        the zoning ordinances 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 
        (16 U.S.C. 1277(c)).
            (2) Acquisition of lands.--The provisions of section 6(c) 
        that prohibit Federal acquisition of lands by condemnation 
        shall apply to the segment. The authority of the Secretary to 
        acquire lands for the purposes of the segment shall be limited 
        to acquisition by donation or acquisition with the consent of 
        the owner of the lands, and shall be subject to the additional 
        criteria set forth in the Lamprey River Management Plan.

SEC. 5. UPSTREAM SEGMENT.

    Upon request by the town of Epping, New Hampshire, which abuts an 
additional 12 miles of river found eligible for designation as a 
recreational river under the study described in section 2(1), the 
Secretary of the Interior shall offer assistance concerning continued 
involvement of the town of Epping in the implementation of the Lamprey 
River Management Plan and in consideration of potential future addition 
of the portion of the river within Epping as a component of the 
National Wild and Scenic Rivers System.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act and the amendment made by this Act.
                                 <all>