[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3468 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3468

 To amend the Wild and Scenic Rivers Act to designate segments of the 
 Nashua, Squannacook, and Nissitissit Rivers as components of the Wild 
           and Scenic Rivers System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2018

  Mr. Markey (for himself, Ms. Warren, Ms. Hassan, and Mrs. Shaheen) 
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 segments of the 
 Nashua, Squannacook, and Nissitissit Rivers as components of the 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 ``Nashua River Wild and Scenic River 
Act of 2018''.

SEC. 2. NASHUA WILD AND SCENIC RIVERS, MASSACHUSETTS AND NEW HAMPSHIRE.

    (a) Designation of Wild and Scenic River Segments.--Section 3(a) of 
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by 
inserting after paragraph (212) the following:
            ``(213) Nashua, squannacook, and nissitissit wild and 
        scenic rivers, massachusetts and new hampshire.--
                    ``(A) The following segments in the Commonwealth of 
                Massachusetts and State of New Hampshire, to be 
                administered by the Secretary of the Interior as a 
                scenic river:
                            ``(i) The approximately 27-mile segment of 
                        the mainstem of the Nashua River from the 
                        confluence of the North and South Nashua Rivers 
                        in Lancaster, Massachusetts, and extending 
                        north to the Massachusetts-New Hampshire 
                        border, except as provided in subparagraph (B).
                            ``(ii) The approximately 16.3-mile segment 
                        of the Squannacook River from its headwaters in 
                        Ash Swamp, Townsend, Massachusetts, extending 
                        downstream to the confluence of the river with 
                        the Nashua River in Shirley/Ayer, 
                        Massachusetts, except as provided in 
                        subparagraph (B).
                            ``(iii) The approximately 9.5-mile segment 
                        of the Nissitissit River from its headwaters in 
                        Brookline, New Hampshire, to the confluence of 
                        the river with the Nashua River in Pepperell, 
                        Massachusetts.
                    ``(B) Exclusion areas.--The designation of the 
                river segments in subparagraph (A) shall exclude--
                            ``(i) with respect to the Ice House 
                        hydroelectric project (FERC P-12769), from 700 
                        feet upstream from the crest of the dam to 500 
                        feet downstream from the crest of the dam;
                            ``(ii) with respect to the Pepperell 
                        hydroelectric project (FERC P12721), from 9,240 
                        feet upstream from the crest of the dam to 
                        1,000 feet downstream from the crest of the 
                        dam; and
                            ``(iii) with respect to the Hollingsworth 
                        and Vose dam (non-FERC), from 1,200 feet 
                        upstream from the crest of the dam to 2,665 
                        feet downstream from the crest of the dam.''.
    (b) Management.--
            (1) Process.--
                    (A) In general.--The river segments designated by 
                section 3(a)(213) of such Act (16 U.S.C. 1274(a)) shall 
                be managed in accordance with--
                            (i) the Nashua, Squannacook, and 
                        Nissitissit Rivers Stewardship Plan developed 
                        pursuant to the study described in section 
                        5(b)(21) of such Act (16 U.S.C. 1276(b)(21)) 
                        (referred to in this subsection as the 
                        ``management plan''), dated February 15, 2018; 
                        and
                            (ii) such amendments to the management plan 
                        as the Secretary of the Interior determines are 
                        consistent with this section and as are 
                        approved by the Nashua, Squannacook, and 
                        Nissitissit Rivers Stewardship Council 
                        (referred to in this subsection as the 
                        ``Stewardship Council'').
                    (B) Comprehensive management plan.--The management 
                plan shall be considered to satisfy the requirements 
                for a comprehensive management plan under section 3(d) 
                of such Act (16 U.S.C. 1274(d)).
            (2) Committee.--The Secretary of the Interior shall 
        coordinate the management responsibilities of the Secretary of 
        the Interior under this Act with the Stewardship Council, as 
        specified in the management plan.
            (3) Cooperative agreements.--
                    (A) In general.--In order to provide for the long-
                term protection, preservation, and enhancement of the 
                river segments designated by section 3(a)(213) of such 
                Act (16 U.S.C. 1274(a)), the Secretary of the Interior 
                may enter into cooperative agreements pursuant to 
                sections 10(e) and 11(b)(1) (16 U.S.C. 1281(e), 
                1282(b)(1)) of such Act with--
                            (i) the Commonwealth of Massachusetts and 
                        the State of New Hampshire;
                            (ii) the municipalities of--
                                    (I) Ayer, Bolton, Dunstable, 
                                Groton, Harvard, Lancaster, Pepperell, 
                                Shirley, and Townsend in Massachusetts; 
                                and
                                    (II) Brookline and Hollis in New 
                                Hampshire; and
                            (iii) appropriate local, regional, State, 
                        or multistate, planning, environmental, or 
                        recreational organizations.
                    (B) Consistency.--Each cooperative agreement 
                entered into under this paragraph shall be consistent 
                with the management plan and may include provisions for 
                financial or other assistance from the United States.
            (4) Effect on working dams.--
                    (A) In general.--The designation of the river 
                segments by section 3(a)(213) of such Act (16 U.S.C. 
                1274(a)), does not--
                            (i) impact or alter the existing terms of 
                        permitting, licensing, or operation of--
                                    (I) the Pepperell hydroelectric 
                                project (FERC Project P-12721, Nashua 
                                River, Pepperell, MA);
                                    (II) the Ice House hydroelectric 
                                project (FERC Project P-12769, Nashua 
                                River, Ayer, MA); or
                                    (III) the Hollingsworth and Vose 
                                Dam (non-FERC industrial facility, 
                                Squannacook River, West Groton, MA) as 
                                further described in the management 
                                plan (Appendix A, ``Working Dams''); or
                            (ii) preclude the Federal Energy Regulatory 
                        Commission from licensing, relicensing, or 
                        otherwise authorizing the operation or 
                        continued operation of the Pepperell and Ice 
                        House hydroelectric projects under the terms of 
                        licenses or exemptions in effect on the date of 
                        enactment of this Act; or
                            (iii) limit actions taken to modernize, 
                        upgrade, or carry out other changes to such 
                        projects authorized pursuant to clause (i), 
                        subject to written determination by the 
                        Secretary of the Interior that the changes are 
                        consistent with the purposes of the 
                        designation.
            (5) Land management.--
                    (A) Zoning ordinances.--For the purpose of the 
                segments designated by section 3(a)(213) of such Act 
                (16 U.S.C. 1274(a)), the zoning ordinances adopted by 
                the municipalities named in subsection 3(A)(ii), 
                including provisions for conservation of floodplains, 
                wetlands, and watercourses associated with the 
                segments, shall be deemed to satisfy the standards and 
                requirements of section 6(c) of such Act (16 U.S.C. 
                1277(c)).
                    (B) Acquisitions of lands.--The authority of the 
                Secretary to acquire land for the purposes of the 
                segments designated by section 3(a)(213) of such Act 
                (16 U.S.C. 1274(a)) shall be--
                            (i) limited to acquisition by donation or 
                        acquisition with the consent of the owner of 
                        the land; and
                            (ii) subject to the additional criteria set 
                        forth in the management plan.
                    (C) No condemnation.--No land or interest in land 
                within the boundary of the river segments designated by 
                section 3(a)(213) of such Act (16 U.S.C. 1274(a)) may 
                be acquired by condemnation.
            (6) Relation to the national park system.--Notwithstanding 
        section 10(c) of such Act (16 U.S.C. 1281(c)), each segment of 
        the Nashua, Squannacook, and Nissitissit Rivers designated as a 
        component of the Wild and Scenic Rivers System under this Act 
        shall not--
                    (A) be administered as a unit of the National Park 
                System; or
                    (B) be subject to regulations that govern the 
                National Park System.
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