[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 469 Engrossed Amendment House (EAH)]


  2d Session

                                 S. 469

_______________________________________________________________________

                               AMENDMENTS
                In the House of Representatives, U. S.,

                                                      October 10, 1998.

    Resolved, That the bill from the Senate (S. 469) entitled ``An Act to 
designate a portion of the Sudbury, Assabet, and Concord Rivers as a component 
of the National Wild and Scenic Rivers System'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. 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--
            (1) by designating the four undesignated paragraphs after 
        paragraph (156) as paragraphs (157), (158), (159), and (160), 
        respectively; and
            (2) by adding at the end the following new paragraph:
    ``(161) 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)(2), 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)(2).
    (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)(2) 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)(2) 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)(2) 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.

SEC. 2. CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA.

    (a) Findings.--The Congress finds that:
            (1) The Chattahoochee River National Recreation Area is a 
        nationally significant resource and the national recreation 
        area has been adversely affected by land use changes occurring 
        within and outside its boundaries.
            (2) The population of the metropolitan Atlanta area 
        continues to expand northward, leaving dwindling opportunities 
        to protect the scenic, recreation, natural, and historic values 
        of the 2,000-foot wide corridor adjacent to each bank of the 
        Chattahoochee River and its impoundments in the 48-mile segment 
        known as the area of national concern.
            (3) The State of Georgia has enacted the Metropolitan River 
        Protection Act in order to ensure the protection of the 
        corridor located within 2,000 feet of each bank of the 
        Chattahoochee River, or the 100-year flood plain, whichever is 
        greater, and such corridor includes the area of national 
        concern.
            (4) Visitor use of the Chattahoochee River National 
        Recreation Area has shifted dramatically since the 
        establishment of the national recreation area from waterborne 
        to water-related and land-based activities.
            (5) The State of Georgia and its political subdivisions 
        along the Chattahoochee River have indicated their willingness 
        to join in cooperative efforts with the United States of 
        America to link existing units of the national recreation area 
        with a series of linear corridors to be established within the 
        area of national concern and elsewhere on the river and 
        provided Congress appropriates certain funds in support of such 
        effort, funding from the State, its political subdivisions, 
        private foundations, corporate entities, private individuals, 
        and other sources will be available to fund more than half of 
        the estimated cost of such cooperative effort.
    (b) Purposes.--The purposes of this section are to--
            (1) increase the level of protection of the remaining open 
        spaces within the area of national concern along the 
        Chattahoochee River and to enhance visitor enjoyment of such 
        areas by adding land-based links between existing units of the 
        national recreation area;
            (2) assure that the national recreation area is managed to 
        standardize acquisition, planning, design, construction, and 
        operation of the linear corridors; and
            (3) authorize the appropriation of Federal funds to cover a 
        portion of the costs of the Federal, State, local, and private 
        cooperative effort to add additional areas to the Chattahoochee 
        River National Recreation Area in order to establish a series 
        of linear corridors linking existing units of the national 
        recreation area and to protect other undeveloped portions of 
        the Chattahoochee River corridor.
    (c) Amendments to Chattahoochee NRA Act.--The Act of August 15, 
1978, entitled ``An Act to authorize the establishment of the 
Chattahoochee River National Recreation Area in the State of Georgia, 
and for other purposes'' (Public Law 95-344; 16 U.S.C. 460ii et seq.) 
is amended as follows:
            (1) Section 101 (16 U.S.C. 460ii) is amended as follows:
                    (A) By inserting after ``numbered Chat-20,003, and 
                dated September 1984'' the following: ``and on the maps 
                entitled `Chattahoochee River National Recreation Area 
                Interim Boundary Maps 1, 2, and 3' and dated August 6, 
                1998''.
                    (B) By amending the fourth sentence to read as 
                follows: ``After July 1, 1999, the Secretary of the 
                Interior (in this Act referred to as the `Secretary') 
                may modify the boundaries of the recreation area to 
                include other lands within the river corridor of the 
                Chattahoochee River by submitting a revised map or 
                other boundary description to the Congress. Such 
                revised boundaries shall take effect on the date 6 
                months after the date of such submission unless, within 
                such 6-month period, the Congress adopts a Joint 
                Resolution disapproving such revised boundaries. Such 
                revised map or other boundary description shall be 
                prepared by the Secretary after consultation with 
                affected landowners and with the State of Georgia and 
                affected political subdivisions.''.
                    (C) By striking out ``may not exceed approximately 
                6,800 acres.'' and inserting ``may not exceed 10,000 
                acres.''.
            (2) Section 102(f) (16 U.S.C. 460ii-1(f)) is repealed.
            (3) Section 103(b) (16 U.S.C. 460ii-2(b)) is amended to 
        read as follows:
    ``(b) Cooperative Agreements.--The Secretary is authorized to enter 
into cooperative agreements with the State, its political subdivisions, 
and other entities to assure standardized acquisition, planning, 
design, construction, and operation of the national recreation area.''.
            (4) Section 105(a) (16 U.S.C. 460ii-4(a)) is amended to 
        read as follows:
    ``(a) Authorization of Appropriations; Acceptance of Donations.--In 
addition to funding and the donation of lands and interests in lands 
provided by the State of Georgia, local government authorities, private 
foundations, corporate entities, and individuals, and funding that may 
be available pursuant to the settlement of litigation, there is hereby 
authorized to be appropriated for land acquisition not more than 
$25,000,000 for fiscal years after fiscal year 1998. The Secretary is 
authorized to accept the donation of funds and lands or interests in 
lands to carry out this Act.''.
            (5) Section 105(c) (16 U.S.C. 460ii-4(c)) is amended by 
        adding the following at the end thereof: ``The Secretary shall 
        submit a new plan within 3 years after the enactment of this 
        sentence to provide for the protection, enhancement, enjoyment, 
        development, and use of areas added to the national recreation 
        area. During the preparation of the revised plan the Secretary 
        shall seek and encourage the participation of the State of 
        Georgia and its affected political subdivisions, private 
        landowners, interested citizens, public officials, groups, 
        agencies, educational institutions, and others.''.
            (6) Section 102(a) (16 U.S.C. 460ii-1(a)) is amended by 
        inserting the following before the period at the end of the 
        first sentence: ``, except that lands and interests in lands 
        within the Addition Area depicted on the map referred to in 
        section 101 may not be acquired without the consent of the 
        owner thereof''.

            Amend the title so as to read: ``An Act to designate a 
        portion of the Sudbury, Assabet, and Concord Rivers as a 
        component of the National Wild and Scenic Rivers System, and 
        for other purposes.''.
            Attest:

                                                                          Clerk.