[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 469 Reported in Senate (RS)]






                                                       Calendar No. 561
105th CONGRESS
  2d Session
                                 S. 469

                          [Report No. 105-320]

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

                             March 18, 1997

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

                           September 9, 1998

              Reported by Mr. Murkowski, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 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 River Study 
                Committee to advise the Secretary of the Interior in 
                conducting the study and the consideration of 
                management alternatives should the river 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'', 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 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. 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:
        <DELETED>    ``(  ) Sudbury, assabet, and concord rivers, 
        massachusetts.--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 the 
        `segments'), as scenic and recreational river segments. The 
        segments shall be administered by the Secretary of the Interior 
        in cooperation with the SUASCO River Stewardship </DELETED>
            ``(  ) Sudbury, assabet and concord rivers, 
        massachusetts.--The 29 miles of river segments in 
        Massachusetts, as follows--
                    ``(A) 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;
                    ``(B) 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;
                    ``(C) 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; and
                    ``(D) 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.
        The segments shall be administered by the Secretary of the 
        Interior in cooperation with the SUASCO River Stewardship 
        Council provided for in the plan 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). 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. The plan is deemed to satisfy the requirement for a 
comprehensive management plan under section 3(d).''.

SEC. 4. MANAGEMENT.

    (a) Federal Role.--(1) The Director of the National Park Service or 
his or her designee shall represent the Secretary in the implementation 
of the Plan and the provisions of this Act and the Wild and Scenic 
Rivers Act with respect to each of the segments designated by section 
3, 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 section 3 of this Act.
    (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 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.
    (b) 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 under section 3 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.
    (c) Land Management.--(1) The zoning bylaws of the towns in 
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 under section 3 or their tributaries for the purposes of 
designation of the segments under section 3. Nothing in this Act shall 
prohibit Federal acquisition of interests in land along those segments 
or tributaries under other laws for other purposes.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the National Park Service.
            (2) Plan.--The term ``Plan'' means the plan prepared by the 
        Study Committee and the National Park Service entitled 
        ``Sudbury, Assabet and Concord Wild and Scenic River Study, 
        River Conservation Plan'' and dated March 16, 1995.
            (3) Study committee.--The term ``Study Committee'' means 
        the Sudbury, Assabet, and Concord River Study Committee 
        established by the Secretary of the Interior under title VII of 
        Public Law 101-628.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of the 
Interior to carry out this Act not to exceed $100,000 for each fiscal 
year.




                                                       Calendar No. 561

105th CONGRESS

  2d Session

                                 S. 469

                          [Report No. 105-320]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 9, 1998

                       Reported with an amendment