[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 2032 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 2032

To designate a portion of the Sudbury, Assabet, and Concord Rivers as a 
        component of the National Wild and Scenic Rivers System.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 1996

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

_______________________________________________________________________

                                 A BILL


 
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 Rivers Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Title vii of Public Law 101-628--
                    (A) designated segments of the Sudbury, Assabet, 
                and Concord Rivers in the Commonwealth of 
                Massachusetts, totaling 29 river miles, for study of 
                potential addition to the National Wild and Scenic 
                Rivers Systems, and
                    (B) directed the Secretary of the Interior to 
                establish the Sudbury, Assabet, and Concord River Study 
                Committee (in this Act referred to as the ``Study 
                Committee'') to advise the Secretary of the Interior in 
                conducting the study and concerning management 
                alternatives should the river be included in the 
                National Wild and Scenic Rivers System.
            (2) The study determination that--
                    (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, and
                    (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
        are eligible for inclusion in the National Wild and Scenic 
        Rivers System based upon their free-flowing condition and 
        outstanding scenic, recreation, wildlife, literary, and 
        historic values.
            (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 
        segments, entitled ``Sudbury, Assabet and Concord Wild and 
        Scenic River Study, River Management Plan'', dated March 16, 
        1995, 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 river management plan does not call for federal 
        land acquisition for Wild and Scenic River purposes and relies 
        upon State, local and private entities to have the primary 
        responsibility for ownership and management of the Sudbury, 
        Assabet and Concord Wild and Scenic River resources.
            (6) 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 River Conservation Plan.

SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER 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:
            ``( ) Sudbury, Assabet and Concord Rivers, Massachusetts--
                    ``(A) In general.--The 29 miles of river segments 
                in Massachusetts consisting of the Sudbury River from 
                the Danforth Street Bridge in Framingham downstream to 
                its confluence with the Assabet River at Egg Rock; the 
                Assabet River from a point 1,000 feet downstream of the 
                Damondale Dam in Concord to its confluence with the 
                Sudbury River at Egg Rock; and the Concord River from 
                its origin at Egg Rock in Concord downstream to the 
                Route 3 bridge in Billerica (in this paragraph referred 
                to as `segments'), as scenic and recreational river 
                segments. The segments shall be administered by the 
                Secretary of the Interior through cooperative 
                agreements between the Secretary of the Interior and 
                the Commonwealth of Massachusetts and its relevant 
                political subdivisions (including the Towns of 
                Framingham, Wayland, Sudbury, Lincoln, Concord 
                Carlisle, Bedford, and Billerica) pursuant to section 
                10(e) of this Act. The segments 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 (in this 
                paragraph referred to as the `Plan'). The Plan is 
                deemed to satisfy the requirement for a comprehensive 
                management plan under section 3(d) of this Act.''.

SEC. 4 MANAGEMENT.

    (a) Committee.--The Director of the National Park Service (in this 
paragraph referred to as the `Director'), or his or her designee, shall 
represent the Secretary of the Interior on the SUASCO River Stewardship 
Council provided for in the ``Sudbury, Assabet and Concord Wild and 
Scenic River Study, River Management Plan'' (the `Plan').
    (b) Federal Role.--(1) The Director represents the Secretary of the 
Interior in the implementation of the Plan and the provisions of the 
Wild and Scenic Rivers Act with respect to the segments, including the 
review of proposed federally assisted water resources projects which 
could have a direct and adverse effect on the values for which the 
segments are established, as authorized under section 7(a) of the Wild 
and Scenic Rivers Act.
    (2) Pursuant to section 10(e) and section 11(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 the segments.
    (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 the provisions of section 10(c) of the Wild and 
Scenic Rivers Act, any portion of the segments not already within the 
National Park System shall not under this Act--
            (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.
    (c) 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 were included in the National Wild 
and Scenic Rivers System, the Secretary 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 therein 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.
    (d) 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 
paragraph, are deemed to satisfy the standards and requirements under 
section 6(c) of the Wild and Scenic Rivers Act. For the purpose of 
section 6(c) of the Wild and Scenic Rivers Act, the towns are deemed to 
be `villages' and the provisions of that section which prohibit Federal 
acquisition of lands 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 
for the purposes of designation of the segments under this Act or the 
Wild and Scenic Rivers Act. Nothing in this Act or the Wild and Scenic 
Rivers Act shall prohibit Federal acquisition of interests in land 
along the segments under other laws for other purposes.

SEC. 5. FUNDING AUTHORIZATION.

    There are authorized to be appropriated to the Secretary of the 
Interior to carry out the purposes of this Act no more than $100,000 
for each fiscal year.
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