[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10425-H10427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC RIVERS ACT

  Mr. HANSEN. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate 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, and ask for its immediate consideration 
in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The Clerk read the Senate bill, as follows:

                                 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, 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 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

[[Page H10426]]

     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.

     Amendment In the Nature of a Substitute Offered By Mr. Hansen

  Mr. HANSEN. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. 
     Hansen: Strike out all after the enacting clause and insert:

     SECTION 1. DESIGNATION OF SUDBURY, ASSABET, AND CONCORD 
                   SCENIC AND RECREATIONAL RIVERS, MASSACHUSETTS.

       (a) Findings.--The Congress finds the following:
       (1) The Sudbury, Assabet, and Concord Wild and Scenic River 
     Study Act (title VII of Public Law 101-628; 104 Stat. 4497)--
       (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 Rivers Study Committee (in this 
     section referred to as the ``Study Committee'') to advise the 
     Secretary in conducting the study and in the consideration of 
     management alternatives should the rivers 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'' and dated March 
     16, 1995 (in this section referred to as the ``plan''), 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 plan.
       (b) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) is amended--
       (1) by designating the four undesignated paragraphs after 
     paragraph (156) as paragraphs (157), (158), (159), and (160), 
     respectively; and
       (2) by adding at the end the following new paragraph:
       ``(161) Sudbury, Assabet, and Concord Rivers, 
     Massachusetts.--(A) The 29 miles of river segments in 
     Massachusetts, as follows:
       ``(i) 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.
       ``(ii) 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.
       ``(iii) The 4.4-mile segment of the Assabet River beginning 
     1,000 feet downstream from the Damon Mill Dam in the town of 
     Concord, to its confluence with the Sudbury River at Egg Rock 
     in Concord; as a recreational river.
       ``(iv) 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.
       ``(B) The segments referred to in subparagraph (A) shall be 
     administered by the Secretary of the Interior in cooperation 
     with the SUASCO River Stewardship Council provided for in the 
     plan referred to in subparagraph (C) 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).
       ``(C) The segments referred to in subparagraph (A) 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 subsection (d) of this section.''.
       (c) Federal Role in Management.--(1) The Director of the 
     National Park Service or the Director's designee shall 
     represent the Secretary of the Interior in the implementation 
     of the plan, this section, and the Wild and Scenic Rivers Act 
     with respect to each of the segments designated by the 
     amendment made by subsection (b)(2), 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 the 
     amendment made by subsection (b)(2).
       (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 
     designated by the amendment made by subsection (b)(2) that is 
     not already within the National Park System shall not under 
     this section--
       (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.
       (d) 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 by the amendment made by subsection (b)(2) were 
     included in the National Wild and Scenic Rivers System, the 
     Secretary of the Interior 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

[[Page H10427]]

     in the plan 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.
       (e) Land Management.--(1) 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 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 by the amendment made by 
     subsection (b)(2) or their tributaries for the purposes of 
     designation of the segments under the amendment. Nothing in 
     this section shall prohibit Federal acquisition of interests 
     in land along those segments or tributaries under other laws 
     for other purposes.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of the Interior to carry 
     out this section not to exceed $100,000 for each fiscal year.

     SEC. 2. CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA.

       (a) Findings.--The Congress finds that:
       (1) The Chattahoochee River National Recreation Area is a 
     nationally significant resource and the national recreation 
     area has been adversely affected by land use changes 
     occurring within and outside its boundaries.
       (2) The population of the metropolitan Atlanta area 
     continues to expand northward, leaving dwindling 
     opportunities to protect the scenic, recreation, natural, and 
     historic values of the 2,000-foot wide corridor adjacent to 
     each bank of the Chattahoochee River and its impoundments in 
     the 48-mile segment known as the area of national concern.
       (3) The State of Georgia has enacted the Metropolitan River 
     Protection Act in order to ensure the protection of the 
     corridor located within 2,000 feet of each bank of the 
     Chattahoochee River, or the 100-year flood plain, whichever 
     is greater, and such corridor includes the area of national 
     concern.
       (4) Visitor use of the Chattahoochee River National 
     Recreation Area has shifted dramatically since the 
     establishment of the national recreation area from waterborne 
     to water-related and land-based activities.
       (5) The State of Georgia and its political subdivisions 
     along the Chattahoochee River have indicated their 
     willingness to join in cooperative efforts with the United 
     States of America to link existing units of the national 
     recreation area with a series of linear corridors to be 
     established within the area of national concern and elsewhere 
     on the river and provided Congress appropriates certain funds 
     in support of such effort, funding from the State, its 
     political subdivisions, private foundations, corporate 
     entities, private individuals, and other sources will be 
     available to fund more than half of the estimated cost of 
     such cooperative effort.
       (b) Purposes.--The purposes of this section are to--
       (1) increase the level of protection of the remaining open 
     spaces within the area of national concern along the 
     Chattahoochee River and to enhance visitor enjoyment of such 
     areas by adding land-based links between existing units of 
     the national recreation area;
       (2) assure that the national recreation area is managed to 
     standardize acquisition, planning, design, construction, and 
     operation of the linear corridors; and
       (3) authorize the appropriation of Federal funds to cover a 
     portion of the costs of the Federal, State, local, and 
     private cooperative effort to add additional areas to the 
     Chattahoochee River National Recreation Area in order to 
     establish a series of linear corridors linking existing units 
     of the national recreation area and to protect other 
     undeveloped portions of the Chattahoochee River corridor.
       (c) Amendments to Chattahoochee NRA Act.--The Act of August 
     15, 1978, entitled ``An Act to authorize the establishment of 
     the Chattahoochee River National Recreation Area in the State 
     of Georgia, and for other purposes'' (Public Law 95-344; 16 
     U.S.C. 460ii et seq.) is amended as follows:
       (1) Section 101 (16 U.S.C. 460ii) is amended as follows:
       (A) By inserting after ``numbered Chat-20,003, and dated 
     September 1984'' the following: ``and on the maps entitled 
     `Chattahoochee River National Recreation Area Interim 
     Boundary Maps 1, 2, and 3' and dated August 6, 1998''.
       (B) By amending the fourth sentence to read as follows: 
     ``After July 1, 1999, the Secretary of the Interior (in this 
     Act referred to as the `Secretary') may modify the boundaries 
     of the recreation area to include other lands within the 
     river corridor of the Chattahoochee River by submitting a 
     revised map or other boundary description to the Congress. 
     Such revised boundaries shall take effect on the date 6 
     months after the date of such submission unless, within such 
     6-month period, the Congress adopts a Joint Resolution 
     disapproving such revised boundaries. Such revised map or 
     other boundary description shall be prepared by the Secretary 
     after consultation with affected landowners and with the 
     State of Georgia and affected political subdivisions.''.
       (C) By striking out ``may not exceed approximately 6,800 
     acres.'' and inserting ``may not exceed 10,000 acres.''.
       (2) Section 102(f) (16 U.S.C. 460ii-1(f)) is repealed.
       (3) Section 103(b) (16 U.S.C. 460ii-2(b)) is amended to 
     read as follows:
       ``(b) Cooperative Agreements.--The Secretary is authorized 
     to enter into cooperative agreements with the State, its 
     political subdivisions, and other entities to assure 
     standardized acquisition, planning, design, construction, and 
     operation of the national recreation area.''.
       (4) Section 105(a) (16 U.S.C. 460ii-4(a)) is amended to 
     read as follows:
       ``(a) Authorization of Appropriations; Acceptance of 
     Donations.--In addition to funding and the donation of lands 
     and interests in lands provided by the State of Georgia, 
     local government authorities, private foundations, corporate 
     entities, and individuals, and funding that may be available 
     pursuant to the settlement of litigation, there is hereby 
     authorized to be appropriated for land acquisition not more 
     than $25,000,000 for fiscal years after fiscal year 1998. The 
     Secretary is authorized to accept the donation of funds and 
     lands or interests in lands to carry out this Act.''.
       (5) Section 105(c) (16 U.S.C. 460ii-4(c)) is amended by 
     adding the following at the end thereof: ``The Secretary 
     shall submit a new plan within 3 years after the enactment of 
     this sentence to provide for the protection, enhancement, 
     enjoyment, development, and use of areas added to the 
     national recreation area. During the preparation of the 
     revised plan the Secretary shall seek and encourage the 
     participation of the State of Georgia and its affected 
     political subdivisions, private landowners, interested 
     citizens, public officials, groups, agencies, educational 
     institutions, and others.''.
       (6) Section 102(a) (16 U.S.C. 460ii-1(a)) is amended by 
     inserting the following before the period at the end of the 
     first sentence: ``, except that lands and interests in lands 
     within the Addition Area depicted on the map referred to in 
     section 101 may not be acquired without the consent of the 
     owner thereof''.

  The SPEAKER pro tempore (during the reading). Without objection, the 
amendment in the nature of a substitute is considered as having been 
read and printed in the Record.
  There was no objection.
  The amendment in the nature of a substitute was agreed to.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed.
  The title of the Senate bill was amended so as to read:

       ``To designate a portion of the Sudbury, Assabet, and 
     Concord Rivers as a component of the National Wild and Scenic 
     Rivers System, and for other purposes.''.

  A motion to reconsider was laid on the table.

                          ____________________