[Congressional Record Volume 144, Number 136 (Friday, October 2, 1998)]
[Senate]
[Pages S11376-S11377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC RIVERS ACT

  The Senate proceeded to consider the bill (S. 469) to designate a 
portion of the Sudbury, Assabet, and Concord Rivers as a component of 
the National Wild and Scenic Rivers System, which had been reported 
from the Committee on Energy and Natural Resources, with an amendment; 
as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                 S. 469

       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:
       [``(  ) 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]
       ``(  ) 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

[[Page S11377]]

     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.

  The committee amendment was agreed to.
  The bill (S. 469), as amended, was considered read the third time and 
passed.

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