II Calendar No. 787 110th CONGRESS 2d Session S. 868 [Report No. 110–355] IN THE SENATE OF THE UNITED STATES March 13, 2007 Mr. Kennedy (for himself and Mr. Kerry) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources June 16, 2008 Reported by Mr. Bingaman, with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the Commonwealth of Massachusetts as a component of the National Wild and Scenic Rivers System.

1.

Taunton River, Massachusetts

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended— (1)by redesignating paragraph (167) (relating to the Musconetcong River, New Jersey) as paragraph (169); (2)by designating the undesignated paragraph relating to the White Salmon River, Washington, as paragraph (167); (3)by designating the undesignated paragraph relating to the Black Butte River, California, as paragraph (168); and (4)by adding at the end the following: (170)

Taunton River, Massachusetts

The segment downstream from the headwaters, from the confluence of the Town River and the Matfield River in Bridgewater to the Mount Hope Bay in the city of Fall River, Massachusetts. .

1.

Designation of Taunton River, Massachusetts

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: (171)

Taunton River, Massachusetts

The main stem of the Taunton River from its headwaters at the confluence of the Town and Matfield Rivers in the Town of Bridgewater downstream 40 miles to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, to be administered by the Secretary of the Interior in cooperation with the Taunton River Stewardship Council as follows: (A)The 18-mile segment from the confluence of the Town and Matfield Rivers to Route 24 in the Town of Raynham, as a scenic river. (B)The 5-mile segment from Route 24 to 0.5 miles below Weir Bridge in the City of Taunton, as a recreational river. (C)The 8-mile segment from 0.5 miles below Weir Bridge to Muddy Cove in the Town of Dighton, as a scenic river. (D)The 9-mile segment from Muddy Cove to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, as a recreational river. .

2.

Management of Taunton River, Massachusetts

(a)

Taunton River Stewardship Plan

(1)

In general

Each river segment designated by section 3(a)(171) of the Wild and Scenic Rivers Act (as added by section 1) shall be managed in accordance with the Taunton River Stewardship Plan, dated July 2005 (including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior (referred to in this section as the Secretary) determines to be consistent with this Act). (2)

Effect

The Taunton River Stewardship Plan described in paragraph (1) shall be considered to satisfy each requirement relating to the comprehensive management plan required under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (b)

Cooperative agreements

To provide for the long-term protection, preservation, and enhancement of each river segment designated by section 3(a)(171) of the Wild and Scenic Rivers Act (as added by section 1), pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter into cooperative agreements (which may include provisions for financial and other assistance) with— (1)the Commonwealth of Massachusetts (including political subdivisions of the Commonwealth of Massachusetts); (2)the Taunton River Stewardship Council; and (3)any appropriate nonprofit organization, as determined by the Secretary. (c)

Relation to National Park System

Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river segment designated by section 3(a)(171) of the Wild and Scenic Rivers Act (as added by section 1) shall not be— (1)administered as a unit of the National Park System; or (2)subject to the laws (including regulations) that govern the administration of the National Park System. (d)

Land management

(1)

Zoning ordinances

The zoning ordinances adopted by the Towns of Bridgewater, Halifax, Middleborough, Raynham, Berkley, Dighton, Freetown, and Somerset, and the Cities of Taunton and Fall River, Massachusetts (including any provision of the zoning ordinances relating to the conservation of floodplains, wetlands, and watercourses associated with any river segment designated by section 3(a)(171) of the Wild and Scenic Rivers Act (as added by section 1)), shall be considered to satisfy each standard and requirement described in section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2)

Villages

For the purpose of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described in paragraph (1) shall be considered to be a village. (3)

Acquisition of land

(A)

Limitation of authority of Secretary

With respect to each river segment designated by section 3(a)(171) of the Wild and Scenic Rivers Act (as added by section 1), the Secretary may only acquire parcels of land— (i)by donation; or (ii)with the consent of the owner of the parcel of land. (B)

Prohibition relating to acquisition of land by condemnation

In accordance with section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to each river segment designated by section 3(a)(171) of the Wild and Scenic Rivers Act (as added by section 1), the Secretary may not acquire any parcel of land by condemnation.

June 16, 2008 Reported with an amendment