[Congressional Record Volume 145, Number 28 (Tuesday, February 23, 1999)]
[House]
[Pages H670-H671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC RIVER ACT

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 193) to designate a portion of the Sudbury, Assabet, and 
Concord Rivers as a component of the National Wild and Scenic Rivers 
System, as amended.
  The Clerk read as follows:

                                H.R. 193

       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 River Act''.

     SEC. 2. 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 by adding at the 
     end the following new paragraph:
       ``(160) 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), 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).
       (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) 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) 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 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) 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.
       (g) Existing Undesignated Paragraphs; Removal of 
     Duplication.--Section 3(a) of the Wild and Scenic Rivers Act 
     (16 U.S.C. 1274(a)) is amended--
       (1) by striking the first undesignated paragraph after 
     paragraph (156), relating to Elkhorn Creek, Oregon; and
       (2) by designating the three remaining undesignated 
     paragraphs after paragraph (156) as paragraphs (157), (158), 
     and (159), respectively.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from Puerto Rico (Mr. Romero-
Barcelo) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 198, introduced by the gentleman from Massachusetts

[[Page H671]]

(Mr. Meehan), would amend the Wild and Scenic Rivers Act by designating 
a 29-mile segment of the Sudbury, Assabet, and Concord Rivers in the 
Commonwealth of Massachusetts as part of the National Wild and Scenic 
River System. The management of the rivers will follow the direction of 
a cooperative agreement between the National Park Service and a local 
River Stewardship Council. This bill makes it clear that Federal land 
acquisition, including easements, is prohibited.
  H.R. 193 would also authorize an appropriation to the Secretary of 
the Interior to carry out the provisions of this bill. This 
appropriation shall not exceed $100,000 per fiscal year.
  Mr. Speaker, the amendment to this bill simply makes a technical 
correction to the numbered sequence of the Wild and Scenic Rivers Act. 
I urge my colleagues to support this bipartisan measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ROMERO-BARCELO. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. ROMERO-BARCELO asked and was given permission to revise and 
extend his remarks.)
  Mr. ROMERO-BARCELO. Mr. Speaker, H.R. 193, introduced by the 
gentleman from the Commonwealth of Massachusetts (Mr. Meehan), would 
designate segments of the Sudbury, Assabet and Concord Rivers totaling 
29 miles in the Commonwealth of Massachusetts as components of the 
National Wild and Scenic Rivers System.
  Title VII of Public Law 101-628 authorized the study of these river 
systems. The study has been completed, and the river systems were found 
feasible and suitable for designation.
  H.R. 193 would implement the recommendations of the river study, 
including providing for management of the river segments by the 
Secretary of the Interior in cooperation with a coordinating committee 
and in accordance with a management plan that has been completed as 
part of the study.
  The Committee on Resources favorably reported identical legislation 
last Congress and an identical Senate bill passed the House last fall, 
with an unrelated amendment. Unfortunately, final action on that 
measure was not able to be completed prior to adjournment.
  The bill is supported by the entire Massachusetts delegation as well 
as the administration. We believe that it, again, deserves the support 
of the full House. It is a bipartisan bill, and we would urge to our 
colleagues the adoption of H.R. 193.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I reserve the balance of my time.
  Mr. ROMERO-BARCELO. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Massachusetts (Mr. Meehan).
  (Mr. MEEHAN asked and was given permission to revise and extend his 
remarks.)
  Mr. MEEHAN. Mr. Speaker, I rise in strong support of H.R. 193.
  I would like to thank my colleagues in the House from both parties, 
and in particular the distinguished gentleman from Utah (Mr. Hansen) 
for his cooperation not only this year but the last session as well.
  I would also like to thank the gentleman from Alaska (Mr. Young), 
chair of the Committee on Resources; the gentleman from California (Mr. 
Miller); and the gentleman from Puerto Rico (Mr. Romero-Barcelo) in 
particular for all of their efforts and continuing support of this 
legislation.
  H.R. 193 will amend the Wild and Scenic Rivers Act to designate 
portions of the Sudbury, Assabet, and Concord Rivers in Massachusetts 
as ``wild and scenic.'' This designation will protect these rivers from 
Federal projects that would otherwise have direct and adverse impacts 
on the free-flowing character of those rivers.
  My constituents from Sudbury, Wayland, Lincoln, Concord, Carlisle and 
Billerica, and others from Framingham and Bedford, have invested an 
enormous amount of time and energy and effort in securing wild and 
scenic status for portions of these three beautiful rivers.
  With the help of the National Park Service and the Commonwealth of 
Massachusetts, they completed a congressionally authorized study that 
demonstrated the rivers' exemplary characteristics and recommended them 
for wild and scenic designation.
  This legislation is a product of a grassroots movement that started 
over a decade ago. All eight towns bordering the rivers have voiced 
unanimous support for the designation through numerous town meeting 
votes. They have also approved the river conservation plan that will 
guide the rivers' management. It is important to note, as the gentleman 
from Utah (Mr. Hansen) has, that H.R. 193 explicitly precluded any 
Federal taking of private land.
  Mr. Speaker, the Sudbury, Assabet, and Concord Rivers have been 
cherished by Massachusetts residents for hundreds of years and are 
known throughout the New England region for their exceptional scenic, 
ecological, recreational and historic value. The historical 
significance of events along these rivers goes back to the American 
Revolution, as their banks served as a Revolutionary War battleground.
  Today, people come from all over the country to visit the Old North 
Bridge on the Concord River where the famous ``shot heard around the 
world'' was fired. This confrontation sent British troops into retreat 
and back to Boston in an event that would take on global significance 
in man's universal struggle for liberty.
  American poets, novelists and philosophers such as Ralph Waldo 
Emerson and Henry David Thoreau have drawn inspiration over the years 
from these rivers, which were featured in many of their works. Over 100 
years ago, Nathaniel Hawthorne eloquently wrote, ``Rowing our boat 
against the current, between wide meadows, we turn aside into the 
Assabet. A more lovely stream than this, for a mile above its junction 
with the Concord, has never flowed on Earth.'' Nowhere indeed, except 
to lave the interior of a poet's imagination.''

                              {time}  1430

  Mr. Speaker, I urge support for this bill.
  Mr. MARKEY. I rise in support of H.R. 193, the ``Sudbury, Assabet, 
and Concord Wild and Scenic River Act.'' Wild and scenic areas are 
found not only in the vast expanses of the American West but also in 
pockets in the midst of the cities and towns of the East. As the areas 
around Boston, including my own district, become increasingly crowded 
and urban, it is important to preserve natural areas where the beauty 
and tranquillity of nature can become a part of the everyday lives of 
local communities.
  Through the Sudbury, Assabet, and Concord rivers has flowed a 
remarkable current of history and beauty. Back in 1837 Ralph Waldo 
Emerson commemorated events that had taken place above the Concord 
River in 1775 with his unforgettable words, ``by the rude bridge that 
arched the flood, their flag to April's breeze unfurled, here once the 
embattl'd farmers stood, and fired the shot heard round the world.'' 
Nathanial Hawthorne wrote of the beauty of the Assabet: ``Rowing our 
boat against the current, between wide meadows, we turn aside into the 
Assabeth. A more lovely stream than this, for a mile above its junction 
with the Concord, has never flowed on Earth,--where, indeed, except to 
lave the interior of a poet's imagination.''
  Today we have even greater need of scenic rivers to excite the 
``poet's imagination'' in each of us. This bill, by giving Wild and 
Scenic River status to the Assabet, Sudbury, and concord rivers, will 
help ensure that they continue to inspire local communities and the 
nation in this and future generations. I would like to thank my 
distinguished colleague Mr. Meehan for his tenacious leadership on this 
bill, and I am glad to join the bipartisan roster of its supporters.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  Mr. ROMERO-BARCELO. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Utah (Mr. Hansen) that the House suspend 
the rules and pass the bill, H.R. 193, as amended.
  The question was taken.
  Mr. HANSEN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays are ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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