[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Senate]
[Pages S9577-S9579]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY (for himself and Mr. KENNEDY):
  S. 2032. A bill to designate a portion of the Sudbury, Assabet, and 
Concord Rivers as a component of the National Wild And Scenic Rivers 
System; to the Committee on Energy and Natural Resources.


      THE SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC RIVERS ACT

  Mr. KERRY.
  Mr. President, I am pleased to join my distinguished colleague from 
Massachusetts, Senator Kennedy, in introducing the Sudbury, Assabet, 
and Concord [SuAsCo] Wild and Scenic Rivers Act. This is the companion 
bill to H.R. 3405, sponsored by Representatives Meehan, Markey, and 
Torkildsen.
  The Sudbury, Assabet, and Concord river area is rich in history and 
literary significance. It has been the location of many historical 
events, most notably the Battle of Concord in the Revolutionary War, 
that gave our great Nation its independence. The Concord River flows 
under the North Bridge in Concord, MA, where, on April 18, 1775, 
colonial farmers fired the legendary ``shot heard around the world'' 
which signaled the start of the Revolutionary War.
  In later years, this scenic area was also home to many of our 
literary heroes including, Ralph Waldo Emerson, Henry David Thoreau, 
and Louisa May Alcott. Their writing often focused on the bucolic 
rivers. Thoreau spent most of his life in Concord, MA, where he passed 
his days immersed in his writing and enjoying the natural surroundings. 
He spoke of the Concord River when he wrote ``the wild river valley and 
the woods were bathed in so pure and bright a light as would have waked 
the dead, if they had been slumbering in their graves, as some suppose. 
There needs no strong proof of immortality.'' This area was held close 
to many an author's heart. It was a place of relaxation and inspiration 
for many.
  The Sudbury, Assabet, and Concord Wild Rivers Act would amend the 
Wild and Scenic Rivers Act to include a 29 mile segment of the Assabet, 
Concord, and Sudbury Rivers. Based on a report authorized by Congress 
in 1990 and issued by the National Park Service in 1995, these river 
segments were determined worthy of inclusion in the Wild and Scenic 
Rivers Program. In its report, the SuAsCo Wild and Scenic Study 
Committee showed that this area has not only the necessary scenic, 
recreational, and ecological value, but also the historical and 
literary value to merit the Wild and Scenic River designation. All 
eight communities in the area traversed by these river segments are 
supporting his important legislation.
  Our legislation is of minimal cost to the Federal Government but by 
using limited Federal resources we can leverage significant local and 
State effort. Provisions in the bill limit the Federal Government's 
contribution to just $100,000 annually, with no more than a 50 percent 
share of any given activity. This is a concept that merits the support 
of Congress. Should our bill become law, the SuAsCo River stewardship 
council, in cooperation with Federal, State, and local governments 
would manage the land.
  We now have the opportunity to protect the precious 29-mile section 
of the Assabet, Sudbury, and Concord Rivers. This area is not only rich 
in ecological value but also in historical and literary value. I urge 
my colleagues to support this bill and through it to preserve this wild 
river valley for the enjoyment and instruction of all who live and work 
there, for visitors from throughout the nation and, perhaps most 
importantly, for generations yet to come.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2032

       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 of 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 (in this 
     Act referred to as the ``Study Committee'') to advise the 
     Secretary of the Interior in conducting the study and 
     concerning management alternatives should the river be 
     included in the National Wild and Scenic Rivers System.
       (2) The study determined that:
       --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
       --the 4.4 mile segment of the Assabet River from 1000 feet 
     downstream from the Damon Mill Dam in the Town of Concord to 
     the confluence with the Sudbury River at Egg Rock in Concord, 
     and
       --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

     are eligible for inclusion in the National Wild and Scenic 
     Rivers System based upon their free-flowing condition and 
     outstanding scenic, recreation, wildlife, literary, and 
     historic values.
       (3) The towns that directly abut the segments, including 
     Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford, 
     Carlisle, and Billerica, Massachusetts, have each

[[Page S9578]]

     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 
     segments, entitled ``Sudbury, Assabet and Concord wild and 
     Scenic River Study, River Management 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 river management plan does not call for federal 
     land acquisition for Wild and Scenic River purposes and 
     relies upon state, local and private entities to have the 
     primary responsibility for ownership and management of the 
     Sudbury, Assabet and Concord Wild and Scenic River resources.
       (6) 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. WILD, SCENIC, AND RECREATIONAL RIVER 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:
       ``(  ) Sudbury, Assabet and Concord Rivers, 
     Massachusetts.--
       ``(A) In general.--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 `segments'), as scenic and 
     recreational river segments. The segments shall be 
     administered by the Secretary of the Interior through 
     cooperative agreements between the Secretary of the Interior 
     and the Commonwealth of Massachusetts and its relevant 
     political subdivisions (including the Towns of Framingham, 
     Wayland, Sudbury, Lincoln, Concord Carlisle, Bedford, and 
     Billerica) pursuant to Section 10(e) of this Act. 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 (in this paragraph referred to as the `Plan'). The 
     Plan is deemed to satisfy the requirement for a 
     comprehensive management plan under section 3(d) of this 
     Act.''

     SEC. 4. MANAGEMENT.

       (a) Committee.--The Director of the National Park Service 
     (in this paragraph referred to as the `Director'), or his or 
     her designee, shall represent the Secretary of the Interior 
     on the SUASCO River Stewardship Council provided for in the 
     ``Sudbury, Assabet and Concord Wild and Scenic River Study, 
     River Management Plan'' (the `Plan').
       (b) Federal Role.--(i) The Director represent the Secretary 
     of the Interior in the implementation of the Plan and the 
     provisions of the Wild and Scenic Rivers Act with respect to 
     the segments, including the review of proposed federally 
     assisted water resources projects which could have a direct 
     and adverse effect on the values for which the segments are 
     established, as authorized under section 7(a) of the Wild and 
     Scenic Rivers Act.
       (ii) Pursuant to section 10(e) and section 11(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 
     Organizations 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 the segments.
       (iii) 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.
       (iv) Notwithstanding the provisions of 19(c) of the Wild 
     and Scenic Rivers Act, any portion of the segments not 
     already within the National Park System shall not under this 
     Act)
       (I) become a part of the National Park System;
       (II) be managed by the National Park Service; or
       (III) be subject to regulations which govern the National 
     Park System.
       (c) Water Resources Projects.--(i) In determining whether a 
     proposed water resources project would have a direct and 
     adverse effect on the values for which the segments 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.
       (ii) 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.
       (d) Land Management.--(i) 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 paragraph, are deemed to satisfy 
     the standards and requirements under section 6(c) of the Wild 
     and Scenic Rivers Act. For the purpose of section 6(c) of the 
     Wild and Scenic Rivers Act, the towns are deemed to be 
     `villages' and the provisions of that section which prohibit 
     Federal acquisition of lands shall apply.
       (ii) the United States Government shall not acquire by any 
     means title to land, easements, or other interests in land 
     along the segments for the purposes of designation of the 
     segments under this Act or the Wild and Scenic Rivers Act. 
     Nothing in this Act or the Wild and Scenic Rivers Act shall 
     prohibit federal acquisition of interests in land along the 
     segments under other laws for other purposes.

     SEC. 5. FUNDING AUTHORIZATION.

       There are authorized to be appropriated to the Secretary of 
     the Interior to carry out the purposes of this Act no more 
     than $100,000 for each fiscal year.

  Mr. KENNEDY. Mr. President, it is a privilege to join Senator Kerry 
today in sponsoring legislation to designate a 29-mile segment of the 
Sudbury, Assabet, and Concord Rivers in Massachusetts as a component of 
the National Wild and Scenic Rivers system. Our proposal has the 
bipartisan support of Congressmen Martin T. Meehan, Peter G. 
Torkildsen, and Edward J. Markey, who introduced an identical bill in 
the House of Representatives on May 7, 1996.
  The Sudbury, Assabet, and Concord Rivers have witnessed many 
important events in the Nation's history. Stone's Bridge and Four 
Arched Bridge over the Sudbury River date from the pre-Revolutionary 
War days. On Old North Bridge over the Concord River, the ``shot heard 
'round the world'' was fired on April 19, 1775, to begin the 
Revolutionary War. At Lexington and Concord, the Colonists began their 
armed resistance against British rule, and the first American 
Revolutionary War soldiers fell in battle.
  In the 19 century, the Sudbury, Assabet, and Concord Rivers earned 
their lasting fame in the works of Ralph Waldo Emerson, Nathaniel 
Hawthorne, and Henry David Thoreau, all of whom lived in this area and 
spent a great deal of time on the rivers. Emerson cherished the Concord 
River as a place to leave ``the world of villages and personalities 
behind, and pass into a delicate realm of sunset and moonlight.''
  Hawthorne wrote ``The Scarlet Letter'' and ``Mosses from an Old 
Manse'' in an upstairs study overlooking the Concord River. He also 
enjoyed boating on the Assabet River, of which he said that ``a more 
lovely stream than this, for a mile above its junction with the 
Concord, has never flowed on earth.''
  Thoreau delighted in long, solitary walks along the banks of the 
rivers amidst the ``straggling pines, shrub oaks, grape vines, ivy, 
bats, fireflies, and alders,'' contemplating humanity's relationship to 
nature. His journals describing his detailed observations of the flora 
and fauna in the area have inspired poets and naturalists to the 
present day, and helped to give birth to the modern environmental 
movement. By protecting the rivers, a future Thoreau, Emerson, or 
Hawthorne may one day walk along their shores and gain new inspiration 
from these priceless natural resources.
  In 1990, Congress authorized the National Park Service to issue a 
report to determine whether the three rivers are eligible for 
designation as Wild and Scenic Rivers. Under the National Park 
Service's guidelines, a river is considered eligible for the 
designation if it possesses at least one ``outstandingly remarkable 
resource value.'' In fact, the three rivers were found to possess five 
outstanding resource values--scenic, recreational, ecological, 
historical, and literary. The report also concluded that the rivers are 
suitable for designation based upon the existing local protection of 
their resources and the strong local support for their preservation.
  Our bill will protect a 29-mile segment of the Sudbury, Assabet, and 
Concord Rivers that runs through or along the borders of eight 
Massachusetts towns--Framingham, Sudbury, Wayland, Concord, Lincoln, 
Bedford, Carlisle, and Billerica. A River Stewardship Council will be 
established to coordinate the efforts of all levels of government to 
strengthen protections for the river and address future threats to the 
environment. The legislation

[[Page S9579]]

also requires at least a one-to-one non-Federal match for any Federal 
expenditures, and contains provisions which preclude federal takings of 
private lands.
  Thoreau wrote in 1847 that rivers ``are the constant lure, when they 
flow by our doors, to distant enterprise and adventure. . . . They are 
the natural highways of all nations, not only leveling the ground and 
removing obstacles, from the path of the traveler, but conducting him 
through the most interesting scenery.'' Standing on the banks of the 
Sudbury, Assabet, and Concord Rivers, as Thoreau often did, citizens 
today gain a greater sense of the ebb and flow of the nation's history 
and enjoy the benefit of some of the most beautiful scenery in all of 
America. I urge my colleagues to support this legislation, so that 
these three proud rivers will be protected for the enjoyment and 
contemplation of future generations.
                                 ______