[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 339 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 339
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
February 5, 2019
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''.
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 adding
at the end the following:
``(214) Nashua, squannacook, and nissitissit wild and
scenic rivers, massachusetts and new hampshire.--
``(A) In general.--The following segments in the
States of Massachusetts and 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 border between the States of
Massachusetts and New Hampshire, 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 and 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) Excluded areas.--The designation of the river
segments by subparagraph (A) shall not include--
``(i) with respect to the Ice House
hydroelectric project (Federal Energy
Regulatory Commission Project P-12769), the
area 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 (Federal Energy
Regulatory Commission Project P-12721), the
area 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 (a project not licensed by the
Federal Energy Regulatory Commission), the area
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) Definitions.--In this subsection:
(A) Management plan.--The term ``management plan''
means the Nashua, Squannacook, and Nissitissit Rivers
Stewardship Plan dated February 15, 2018 and developed
pursuant to a study required under section 5(b)(21) of
the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)(21)).
(B) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(C) Stewardship council.--The term ``Stewardship
Council'' means the Nashua, Squannacook, and
Nissitissit Rivers Stewardship Council.
(2) Management plan.--
(A) In general.--The river segments designated by
paragraph (214) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(a)) shall be managed in accordance with--
(i) the management plan; and
(ii) any amendments to the management plan
that--
(I) the Secretary determine are
consistent with this subsection; and
(II) are approved by 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 the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(3) Coordination with stewardship council.--The Secretary
shall coordinate the management responsibilities of the
Secretary with respect to the river segments designated by
paragraph (214) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) (as added by subsection (a)) with the
Stewardship Council, as described in the management plan.
(4) Cooperative agreements.--
(A) In general.--To provide for the long-term
protection, preservation, and enhancement of the
segments designated by paragraph (214) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as added by subsection (a)), the Secretary may enter
into cooperative agreements under sections 10(e) and
11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e), 1282(b)(1)) with--
(i) the States of Massachusetts and New
Hampshire;
(ii) the towns of--
(I) Ayer, Bolton, Dunstable,
Groton, Harvard, Lancaster, Pepperell,
Shirley, and Townsend in the State of
Massachusetts; and
(II) Brookline and Hollis in the
State of New Hampshire; and
(iii) any appropriate local, regional,
State, or multistate planning, environmental,
or recreational organization.
(B) Consistency.--Each cooperative agreement
entered into under this paragraph--
(i) shall be consistent with the management
plan; and
(ii) may include provisions for financial
or other assistance from the Federal
Government.
(5) Effect on working dams.--
(A) In general.--The designation of the segments by
paragraph (214) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(a)) shall not--
(i) affect or alter the terms of
permitting, licensing, or operation in
existence on the date of enactment of this Act
of--
(I) the Pepperell hydroelectric
project (Federal Energy Regulatory
Commission Project P-12721, Nashua
River, Pepperell, Massachusetts);
(II) the Ice House hydroelectric
project (Federal Energy Regulatory
Commission Project P-12769, Nashua
River, Ayer, Massachusetts); or
(III) the Hollingsworth and Vose
Dam, which is an industrial facility
that is not licensed by the Federal
Energy Regulatory Commission,
Squannacook River, West Groton,
Massachusetts, as described in appendix
A of the management plan entitled
``Working Dams'';
(ii) preclude the Federal Energy Regulatory
Commission from licensing, relicensing, or
otherwise authorizing the operation or
continued operation of the Pepperell or Ice
House hydroelectric project 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 a
project described in clause (i), subject to a
written determination by the Secretary that the
changes are consistent with the purposes of the
designation.
(6) Land management.--
(A) Zoning ordinances.--For the purpose of the
segments designated by paragraph (214) of section 3(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
(as added by subsection (a)), a zoning ordinance
adopted by a town described in paragraph (4)(A)(ii),
including provisions for conservation of floodplains,
wetlands, and watercourses associated with the
segments, shall be considered to satisfy the
requirements of section 6(c) of the Wild and Scenic
Rivers Act (16 U.S.C. 1277(c)).
(B) Acquisition of land.--The authority of the
Secretary to acquire land or an interest in land for
the purposes of the segments designated by paragraph
(214) of section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) (as added by subsection (a)) shall
be--
(i) limited to acquisition--
(I) by donation; or
(II) with the consent of the owner
of the land; and
(ii) subject to the additional criteria
described in the management plan.
(C) No condemnation.--No land or interest in land
within the boundary of the segments designated by
paragraph (214) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) (as added by subsection
(a)) may be acquired by condemnation.
(7) Relation to the national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), each segment designated by paragraph (214) of section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as
added by subsection (a)) shall not be--
(A) administered as a unit of the National Park
System; or
(B) subject to regulations that apply to units of
the National Park System.
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