[House Report 104-716]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-716
_______________________________________________________________________


 
 PRESERVATION AND PROTECTION OF THE HANFORD REACH OF THE COLUMBIA RIVER

                                _______
                                

 July 29, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2292]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2292) to preserve and protect the Hanford Reach of the 
Columbia River, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

                TITLE I--HANFORD REACH PRESERVATION ACT

SEC. 101. AMENDMENT OF PUBLIC LAW 100-605.

  Section 2 of Public Law 100-605 is amended as follows:
          (1) By striking ``INTERIM'' in the section heading.
          (2) By striking ``For a period of eight years after'' and 
        inserting ``After'' in subsection (a).
          (3) By striking in subsection (b) ``During the eight year 
        interim protection period, provided by this section, all'' and 
        inserting ``All''.

              TITLE II--LAMPREY WILD AND SCENIC RIVER ACT

SEC. 201. DESIGNATION.

  Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended by adding the following new paragraph at the end thereof:
  ``(157) Lamprey River, New Hampshire.--The 11.5-mile segment 
extending from the southern Lee town line to the confluence with the 
Piscassic River in the vicinity of the Durham-Newmarket town line 
(hereinafter in this paragraph referred to as the `segment') as a 
recreational river. The segment shall be administered by the Secretary 
of the Interior through cooperative agreements between the Secretary 
and the State of New Hampshire and its relevant political subdivisions, 
namely the towns of Durham, Lee, and Newmarket, pursuant to section 
10(e) of this Act. The segment shall be managed in accordance with the 
Lamprey River Management Plan dated January 10, 1995, and such 
amendments thereto as the Secretary of the Interior determines are 
consistent with this Act. Such plan shall be deemed to satisfy the 
requirements for a comprehensive management plan pursuant to section 
3(d) of this Act.''.

SEC. 202. MANAGEMENT.

  (a) Committee.--The Secretary of the Interior shall coordinate his 
management responsibilities under this Act with respect to the segment 
designated by section 3 with the Lamprey River Advisory Committee 
established pursuant to New Hampshire RSA 483.
  (b) Land Management.--The zoning ordinances duly adopted by the towns 
of Durham, Lee, and Newmarket, New Hampshire, including provisions for 
conservation of shorelands, floodplains, and wetlands associated with 
the segment, shall be deemed to satisfy the standards and requirements 
of section 6(c) of the Wild and Scenic Rivers Act, and the provisions 
of that section, which prohibit Federal acquisition of lands by 
condemnation, shall apply to the segment designated by section 201 of 
this Act. The authority of the Secretary to acquire lands for the 
purposes of this paragraph shall be limited to acquisition by donation 
or acquisition with the consent of the owner thereof, and shall be 
subject to the additional criteria set forth in the Lamprey River 
Management Plan.

SEC. 203. UPSTREAM SEGMENT.

  Upon request by the town of Epping, which abuts an additional 12 
miles of river found eligible for designation as a recreational river, 
the Secretary of the Interior shall offer assistance regarding 
continued involvement of the town of Epping in the implementation of 
the Lamprey River Management Plan and in consideration of potential 
future addition of that portion of the river within Epping as a 
component of the Wild and Scenic Rivers System.

      TITLE III--WEST VIRGINIA NATIONAL RIVERS AMENDMENTS OF 1996

SEC. 301. AMENDMENTS PERTAINING TO THE NEW RIVER GORGE NATIONAL RIVER.

  (a) Boundaries.--Section 1101 of the National Parks and Recreation 
Act of 1978 (16 U.S.C. 460m-15) is amended by striking out ``NERI-
80,023, dated January 1987'' and inserting ``NERI-80,028A, dated March 
1996''.
  (b) Fish and Wildlife Management.--Section 1106 of the National Parks 
and Recreation Act of 1978 (16 U.S.C. 460m-20) is amended by adding the 
following at the end thereof: ``The Secretary shall permit the State of 
West Virginia to undertake fish stocking activities carried out by the 
State, in consultation with the Secretary, on waters within the 
boundaries of the national river. Nothing in this Act shall be 
construed as affecting the jurisdiction of the State of West Virginia 
with respect to fish and wildlife.''.
  (c) Conforming Amendments.--Title XI of the National Parks and 
Recreation Act of 1978 (16 U.S.C. 460m-15 and following) is amended by 
adding the following new section at the end thereof:

``SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.

  ``(a) Cooperative Agreements.--The provisions of section 202(e)(1) of 
the West Virginia National Interest River Conservation Act of 1987 (16 
U.S.C. 460ww-1(e)(1)) shall apply to the New River Gorge National River 
in the same manner and to the same extent as such provisions apply to 
the Gauley River National Recreation Area.
  ``(b) Remnant Lands.--The provisions of the second sentence of 
section 203(a) of the West Virginia National Interest River 
Conservation Act of 1987 (16 U.S.C. 460ww-2(a)) shall apply to tracts 
of land partially within the boundaries of the New River Gorge National 
River in the same manner and to the same extent as such provisions 
apply to tracts of land only partially within the Gauley River National 
Recreation Area.''.

SEC. 302. AMENDMENTS PERTAINING TO THE GAULEY RIVER NATIONAL RECREATION 
                    AREA.

  (a) Technical Amendment.--Section 205(c) of the West Virginia 
National Interest River Conservation Act of 1987 (16 U.S.C. 460ww-4(c)) 
is amended by adding the following at the end thereof: ``If project 
construction is not commenced within the time required in such license, 
or if such license is surrendered at any time, such boundary 
modification shall cease to have any force and effect.''.
  (b) Gauley Access.--Section 202(e) of the West Virginia National 
Interest River Conservation Act of 1987 (16 U.S.C. 460ww-1(e)) is 
amended by adding the following new paragraph at the end thereof:
          ``(4) Access to river.--(A) In order to facilitate public 
        safety, use, and enjoyment of the recreation area, and to 
        protect, to the maximum extent feasible, the scenic and natural 
        resources of the area, the Secretary is authorized and directed 
        to acquire such lands or interests in lands and to take such 
        actions as are necessary to provide access by noncommercial 
        entities on the north side of the Gauley River at the area 
        known as Woods Ferry utilizing existing roads and rights-of-
        way. Such actions by the Secretary shall include the 
        construction of parking and related facilities in the vicinity 
        of Woods Ferry for noncommercial use on lands acquired pursuant 
        to paragraph (3) or on lands acquired with the consent of the 
        owner thereof within the boundaries of the recreation area.
          ``(B) If necessary, in the discretion of the Secretary, in 
        order to minimize environmental impacts, including visual 
        impacts, within portions of the recreation area immediately 
        adjacent to the river, the Secretary may, by contract or 
        otherwise, provide transportation services for noncommercial 
        visitors, at reasonable cost, between such parking facilities 
        and the river.
          ``(C) Nothing in subparagraph (A) shall affect the rights of 
        any person to continue to utilize, pursuant to a lease in 
        effect on April 1, 1993, any right of way acquired pursuant to 
        such lease which authorizes such person to use an existing road 
        referred to in subparagraph (A). Except as provided under 
        paragraph (2) relating to access immediately downstream of the 
        Summersville project, until there is compliance with this 
        paragraph the Secretary is prohibited from acquiring or 
        developing any other river access points within the recreation 
        area.''.

SEC. 303. AMENDMENTS PERTAINING TO THE BLUESTONE NATIONAL SCENIC RIVER.

  (a) Boundaries.--Section 3(a)(65) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)(65)) is amended by striking out ``WSR-BLU/20,000, 
and dated January 1987'' and inserting ``BLUE-80,005, dated May 1996''.
  (b) Public Access.--Section 3(a)(65) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)(65)) is amended by adding the following at the 
end thereof: ``In order to provide reasonable public access and vehicle 
parking for public use and enjoyment of the river designated by this 
paragraph, consistent with the preservation and enhancement of the 
natural and scenic values of such river, the Secretary may, with the 
consent of the owner thereof, negotiate a memorandum of understanding 
or cooperative agreement, or acquire not more than 10 acres of lands or 
interests in such lands, or both, as may be necessary to allow public 
access to the Bluestone River and to provide, outside the boundary of 
the scenic river, parking and related facilities in the vicinity of the 
area known as Eads Mill.''.

TITLE IV--LIMITATION ON LAND ACQUISITION: MISSOURI RIVER, NEBRASKA AND 
                              SOUTH DAKOTA

  The undesignated paragraph in section 3(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)) relating to the 39-mile segment of the 
Missouri River, Nebraska and South Dakota, from the headwaters of Lewis 
and Clark Lake to Ft. Randall Dam is amended by adding at the end the 
following: ``Notwithstanding section 6(a), lands and interests in lands 
may not be acquired for the purposes of this paragraph without the 
consent of the owner thereof.''.

     TITLE V--TECHNICAL AMENDMENT TO THE WILD AND SCENIC RIVERS ACT

SEC. 501. NUMBERING OF PARAGRAPHS.

  (a) Designations.--The unnumbered paragraphs in section 3(a) of the 
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), relating to each of the 
following river segments, are each amended by numbering such paragraphs 
as follows:
                                                              Paragraph
River:                                                          Number 
          East Fork of Jemez, New Mexico.......................   (109)
          Pecos River, New Mexico..............................   (110)
          Smith River, California..............................   (111)
          Middle Fork Smith River, California..................   (112)
          North Fork Smith River, California...................   (113)
          Siskiyou Fork Smith River, California................   (114)
          South Fork Smith River, California...................   (115)
          Clarks Fork, Wyoming.................................   (116)
          Niobrara, Nebraska...................................   (117)
          Missouri River, Nebraska and South Dakota............   (118)
          Bear Creek, Michigan.................................   (119)
          Black, Michigan......................................   (120)
          Carp, Michigan.......................................   (121)
          Indian, Michigan.....................................   (122)
          Manistee, Michigan...................................   (123)
          Ontonagon, Michigan..................................   (124)
          Paint, Michigan......................................   (125)
          Pine, Michigan.......................................   (126)
          Presque Isle, Michigan...............................   (127)
          Sturgeon, Hiawatha National Forest, Michigan.........   (128)
          Sturgeon, Ottawa National Forest, Michigan...........   (129)
          East Branch of the Tahquamenon, Michigan.............   (130)
          Whitefish, Michigan..................................   (131)
          Yellow Dog, Michigan.................................   (132)
          Allegheny, Pennsylvania..............................   (133)
          Big Piney Creek, Arkansas............................   (134)
          Buffalo River, Arkansas..............................   (135)
          Cossatot River, Arkansas.............................   (136)
          Hurricane Creek, Arkansas............................   (137)
          Little Missouri River, Arkansas......................   (138)
          Mulberry River, Arkansas.............................   (139)
          North Sylamore Creek, Arkansas.......................   (140)
          Richland Creek, Arkansas.............................   (141)
          Sespe Creek, California..............................   (142)
          Sisquoc River, California............................   (143)
          Big Sur River, California............................   (144)
          Great Egg Harbor River, New Jersey...................   (145)
          The Maurice River, Middle Segment....................   (146)
          The Maurice River, Middle Segment....................   (147)
          The Maurice River, Upper Segment.....................   (148)
          The Menantico Creek, Lower Segment...................   (149)
          The Menantico Creek, Upper Segment...................   (150)
          Manumuskin River, Lower Segment......................   (151)
          Manumuskin River, Upper Segment......................   (152)
          Muskee Creek, New Jersey.............................   (153)
          Red River, Kentucky..................................   (154)
          Rio Grande, New Mexico...............................   (155)
          Farmington River, Connecticut........................   (156)

  (b) Study Rivers.--Section 5(a) of such Act is amended as follows:
          (1) Paragraph (106), relating to St. Mary's, Florida, is 
        renumbered as paragraph (108).
          (2) Paragraph (112), relating to White Clay Creek, Delaware 
        and Pennsylvania, is renumbered as paragraph (113).
          (3) The unnumbered paragraphs, relating to each of the 
        following rivers, are amended by numbering such paragraphs as 
        follows:
                                                              Paragraph
River:                                                          Number 
          Mills River, North Carolina..........................   (109)
          Sudbury, Assabet, and Concord, Massachusetts.........   (110)
          Niobrara, Nebraska...................................   (111)
          Lamprey, New Hampshire...............................   (112)
          Brule, Michigan and Wisconsin........................   (114)
          Carp, Michigan.......................................   (115)
          Little Manistee, Michigan............................   (116)
          White, Michigan......................................   (117)
          Ontonagon, Michigan..................................   (118)
          Paint, Michigan......................................   (119)
          Presque Isle, Michigan...............................   (120)
          Sturgeon, Ottawa National Forest, Michigan...........   (121)
          Sturgeon, Hiawatha National Forest, Michigan.........   (122)
          Tahquamenon, Michigan................................   (123)
          Whitefish, Michigan..................................   (124)
          Clarion, Pennsylvania................................   (125)
          Mill Creek, Jefferson and Clarion Counties,             (126)
            Pennsylvania.
          Piru Creek, California...............................   (127)
          Little Sur River, California.........................   (128)
          Matilija Creek, California...........................   (129)
          Lopez Creek, California..............................   (130)
          Sespe Creek, California..............................   (131)
          North Fork Merced, California........................   (132)
          Delaware River, Pennsylvania and New Jersey..........   (133)
          New River, West Virginia and Virginia................   (134)
          Rio Grande, New Mexico...............................   (135)

        TITLE VI--PROTECTION OF NORTH ST. VRAIN CREEK, COLORADO

SEC. 601. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.

  The Act of January 26, 1915, establishing Rocky Mountain National 
Park (38 Stat. 798; 16 U.S.C. 191 and following), is amended by adding 
the following new section at the end thereof:

``SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.

  ``Neither the Secretary of the Interior nor any other Federal agency 
or officer may approve or issue any permit for, or provide any 
assistance for, the construction of any new dam, reservoir, or 
impoundment on any segment of North St. Vrain Creek or its tributaries 
within the boundaries of Rocky Mountain National Park or on the main 
stem of North St. Vrain Creek downstream to the point at which the 
creek crosses the elevation 6,550 feet above mean sea level. Nothing in 
this section shall be construed to prevent the issuance of any permit 
for the construction of a new water gaging station on North St. Vrain 
Creek at the point of its confluence with Coulson Gulch.''.

SEC. 602. ENCOURAGEMENT OF EXCHANGES.

  (a) Lands Inside Rocky Mountain National Park.--Promptly following 
enactment of this Act, the Secretary of the Interior shall seek to 
acquire by donation or exchange those lands within the boundaries of 
Rocky Mountain National Park owned by the city of Longmont, Colorado, 
that are referred to in section 111(d) of the Act commonly referred to 
as the ``Colorado Wilderness Act of 1980'' (Public Law 96-560; 94 Stat. 
3272; 16 U.S.C. 192b-9(d)).
  (b) Other Lands.--The Secretary of Agriculture shall immediately and 
actively pursue negotiations with the city of Longmont, Colorado, 
concerning the city's proposed exchange of lands owned by the city and 
located in and near Coulson Gulch for other lands owned by the United 
States. The Secretary shall report to Congress 2 calendar years after 
the date of enactment of this Act, and every 2 years thereafter on the 
progress of such negotiations until negotiations are complete.

                          Purpose of the Bill

    The purpose of H.R. 2292 is to protect outstanding 
resources along the following river segments: the Hanford Reach 
Section of the Columbia River in Washington; the Lamprey River 
in New Hampshire; the Missouri River in South Dakota; the 
Gauley, Bluestone and New Rivers in West Virginia and North St. 
Vrain Creek in Colorado. The bill also makes technical 
amendments to the Wild and Scenic Rivers Act.

                  Background and Need for Legislation

    The Hanford Reach provides the only remaining native 
spawning beds for salmon on the main stem of the Columbia 
River. Therefore, substantial public concern was expressed 
about a decade ago when the Corps of Engineers began studying 
the possibility of altering the river channel to permit upriver 
barge traffic.
    In 1988, Congress passed Public Law 100-605 to address 
these public concerns. That law had two basic elements: (1) a 
requirement for the Secretary of the Interior to develop a 
comprehensive river conservation study, including an 
examination as to whether the reach should be designated under 
the Wild and Scenic Rivers Act; and (2) an eight-year 
prohibition on damming and navigational improvements to the 
river channel. The Secretary has never transmitted the required 
study to Congress.
    Public Law 102-214 directed the Secretary of the Interior 
to conduct a study of the Lamprey River in New Hampshire. The 
National Park Service (NPS), which conducted the study, found 
that 23.5 miles of the 24.4 river miles studied was eligible 
for inclusion under the Wild and Scenic Rivers Act, based on 
free-flowing character and presence of outstanding natural 
resources. However, the 12-mile segment of the river within the 
town of Epping does not currently have broad-based public 
support. Therefore, the legislation only recommends designation 
of 11.5 miles of the river.
    The river segment to be designated traverses mostly private 
lands. In recognition of that fact, the bill provides for local 
management of the river. During the study, the Lamprey River 
Advisory Committee developed a management plan which is adopted 
under this bill. The local zoning ordinances developed by towns 
along the river are the basis for the plan. The bill further 
limits Federal intervention by prohibiting condemnation by the 
Federal Government.
    Public Law 102-50 provided for the designation of a 39-mile 
segment of the Missouri River in Missouri and Nebraska under 
the Wild and Scenic Rivers Act to be administered by the 
Secretary of the Interior. Under Section 6 of the Wild and 
Scenic Rivers Act, the Secretary is authorized to acquire (by 
condemnation, if necessary) up to 100 acres of land per river 
mile, or a 1/4 mile area on either side of the river. The Wild 
and Scenic Rivers Act does contain two limitations on the use 
of condemnation: (1) the Secretary may not acquire land by 
condemnation if more than 50 percent of the land within the 
river corridor is Federally owned; and (2) the Secretary may 
not acquire land by condemnation within any incorporated 
borough where the borough has adopted zoning limitations 
acceptable to the Secretary.
    Most of the lands along this section of the Missouri River 
are privately owned, and therefore, the condemnation power of 
the Secretary is unlimited at this time. The management plan 
adopted by the NPS for this river specifies that the NPS will 
not use condemnation, but the local persons do not trust the 
Federal Government.
    The New River Gorge National Recreation Area was 
established as a unit of the National Park System in 1978 to 
preserve the historic and natural features along this 52-mile 
section of one of the oldest rivers in the country. In 1988, 
nearby sections of the Gauley and Bluestone Rivers were 
designated as separate units of the park system under unified 
management.
    This legislation would expand the boundaries of the New 
River, Bluestone and the Gauley Rivers by adding approximately 
12,250 acres to the existing areas. Some of these lands are 
uneconomic remnants left over from previous acquisitions. 
However, there is also one large tract of over 8000 acres which 
would also be added.
    This legislation also includes provisions which would: (1) 
permit the State to continue stocking fish in waters of the 
park; (2) authorize the Secretary of the Interior and the State 
to enter into cooperative agreements for maintenance of roads 
within the park; (3) facilitate State management of wildlife in 
the Bluestone National Recreation Area; (4) modify the boundary 
of the Gauley River contingent on future power project 
requirements; and (5) improve access to the Gauley River for 
noncommercial recreation users. None of the provisions are 
highly controversial.
    The North St. Vrain Creek is located 20 miles northwest of 
Boulder, Colorado. It is the primary stream flowing from the 
southeastern portion of Rocky Mountain National Park. After 
leaving the boundary of the park, the stream cuts a deep narrow 
canyon until it reaches the Ralph Price Reservoir in the 
Roosevelt National Forest. The watershed area includes wildlife 
habitat and popular hiking, fishing and hunting terrain open to 
the public.
    Increasing water needs of growing Colorado urban areas, 
especially the metropolitan area of Denver, has led to concerns 
that the area might be exposed to water development projects 
that could have adverse effects on its natural and recreational 
values. In response to these concerns, a citizens advisory 
committee was formed to see if it would be possible to develop 
a consensus proposal on how to protect these values with 
minimal impact on non-Federal property and water rights. The 
Committee understands that this advisory group spent over five 
years developing such a proposal, the essential elements of 
which are reflected in this legislation. The Committee also 
notes that the advisory committee made a number of additional 
recommendations for administrative actions by the NPS and U.S. 
Forest Service and anticipates that these recommendations will 
be given appropriate consideration by those agencies.
     The City of Longmont currently stores water in the Ralph 
Price reservoir along the North St. Vrain Creek. To expand 
water storage capability, the City wishes to acquire Forest 
Service lands surrounding the existing reservoir. The trade 
would most likely involve the Forest Service receiving 
important riparian areas near Coulson Gulch and the City of 
Longmont receiving land around its reservoir for expansion. The 
Committee understands that this land exchange will not affect 
the continued operations of the Ralph Price Reservoir.

                            Committee Action

    H.R. 2292 was introduced on September 8, 1995, by 
Congressman Richard Doc Hastings (R-WA). The bill was referred 
to the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Lands. On April 16, 
1996, the Subcommittee held a hearing on H.R. 2292. On June 13, 
1996, the Subcommittee met to mark up H.R. 2292. Chairman James 
V. Hansen (R-UT) offered an amendment in the nature of a 
substitute which included the texts of H.R. 2255, H.R. 1825, 
H.R. 639, H.R. 640 and a series of technical amendments to the 
Wild and Scenic Rivers Act. The amendment passed by voice vote, 
and the bill was then ordered favorably reported to the Full 
Committee by voice vote. On June 26, 1996, the Full Resources 
Committee met to consider H.R. 2292. An en bloc technical 
amendment was offered by Congressman Nick J. Rahall II (D-WV) 
and adopted by unanimous consent. Congressman Wayne Allard (R-
CO) offered an amendment to add the text of H.R. 621, relating 
to the North St. Vrain Creek. The amendment was adopted by 
voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by voice vote.

                      Section-by-Section Analysis

                title i--hanford reach preservation act

    Title I amends Public Law 101-605, concerning the Hanford 
Reach section of the Columbia River. That 1988 law provided 
protection of the Hanford Reach from damming and dredging for a 
period of eight years. With that prohibition scheduled to 
expire November 5, 1996, the Committee believes that it is 
appropriate to extend the prohibitions on dredging and damming 
in perpetuity, while other decisions on management of this 
stretch of river and the surrounding area are pending.

              title ii--lamprey wild and scenic river act

    Title II amends the Wild and Scenic Rivers Act to provide 
for the designation of the 11.5 mile section of the Lamprey 
River in New Hampshire as a recreational river. The designated 
segment of the river would be administered by the Secretary of 
the Interior through cooperative agreements with towns along 
the river segment, and in accord with the Lamprey River 
Management Plan.
    Section 202(a) provides that the Secretary of the Interior 
shall coordinate with the Lamprey River Advisory Commission in 
conducting his management responsibilities. Section 202(b) 
provides that existing zone ordinances of towns along the 
designated segment are adequate to meet the purposes of the 
Wild and Scenic Rivers Act, and limits the authority of the 
Secretary of the Interior to acquire land from willing sellers 
only.
    Section 203 authorizes the Secretary of the Interior to 
provide technical assistance to the town of Epping along the 12 
mile segment of river which the Secretary has determined is 
eligible for designation, but which is not designated under 
this title.

      Title III--West Virginia National Rivers Amendments of 1996

    Title III addresses several issues associated with the wild 
and scenic rivers in the State of West Virginia.
    Section 301 provides for amendments to legislation 
affecting the New River Gorge National River. Subsection (a) 
provides for a modification of the boundaries of the park. 
Subsection (b) authorizes the Secretary of the Interior to 
enter into agreements with the State to maintain and improve 
existing public rights of way within the park, as are necessary 
for public access. Subsection (c) authorizes the Secretary to 
acquire uneconomic remnants of lands which are located outside 
the boundary of the park.
    Section 302 pertains to the Gauley River National 
Recreation Area. Subsection (a) clarifies that a potential 
boundary adjustment provided for in existing law shall become 
void if the water development project associated with the 
adjustment is not constructed. Subsection (b) provides for 
improved access for non-commercial users of the Gauley River. 
Access to the river for non-commercial users is virtually non-
existent, as most of the land along the river is owned by 
commercial outfitters. The Woods Ferry site offers a good take 
out site and is served by an existing public access.
    Section 303 pertains to the Bluestone National Scenic 
River. Subsection (a) amends the boundary to include about 40 
acres of private inholdings. Subsection (b) authorizes the 
Secretary to acquire up to 10 acres outside the boundary to 
improve access to the Bluestone River.

   Title IV--Limitation on Land Acquisition: Missouri River, Nebraska

    Title IV prohibits the Secretary of the Interior from using 
condemnation to acquire any land along the 39-mile segment of 
the Missouri River in South Dakota which has been designated 
under the Wild and Scenic Rivers Act. The land along this river 
is substantially privately-owned, and private property owners 
do not support use of condemnation authority.

    Title V--Technical Amendments to the Wild and Scenic Rivers Act

    Title V of the bill is a technical amendment to the Wild 
and Scenic Rivers Act which simply updates the enumeration of 
the paragraphs under sections 3 and 5 of the Act pertaining to 
both studies and designations of rivers.

      Title VI--Protection of the North St. Vrain Creek, Colorado

    Title VI addresses several issues associated with North St. 
Vrain Creek in Colorado.
    Section 601 would amend the 1915 Act establishing the Rocky 
Mountain National Park by adding a new section that would 
prohibit any Federal agency from approving, permitting, or 
assisting in the construction of any new dam, reservoir, or 
impoundment on any segment of North St. Vrain Creek or its 
tributaries within the boundaries of the park or on 
approximately ten miles of the main stem of the creek 
downstream to the point at which the creek drops below the 
elevation of 6550 feet above sea level. The new section would 
also include a specific disclaimer assuring that it would not 
prevent issuance of a permit for a new water-gauging station at 
the confluence of North St. Vrain Creek and Coulson Gulch.
    Section 602 addresses the possible acquisition by the 
United States of certain lands owned by the City of Longmont, 
Colorado. Subsection (a) would require the Secretary of the 
Interior to promptly seek to acquire by donation or exchange 
about 125 city-owned acres within the Rocky Mountain National 
Park boundary. The Committee understands that in 1979, the City 
considered building a dam on the acreage it owned along the 
North St. Vrain, and notes that while these plans were 
subsequently abandoned, such an acquisition and inclusion of 
the lands in the national park would preclude the revival of 
such plans. Subsection (b) would direct the Secretary of 
Agriculture to actively pursue negotiations toward a land 
exchange through which the United States would acquire other 
lands the City of Longmont owns in Coulson Gulch, along a 
tributary of the North St. Vrain Creek, and the City of 
Longmont would acquire land surrounding the Ralph Price 
Reservoir.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 2292 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2292. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2292 does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2292.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2292 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 25, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2292, a bill to preserve and protect the Hanford 
Reach of the Columbia River, and for other purposes, as ordered 
reported by the House Committee on Resources on June 26, 1996. 
We estimate that the bill could increase discretionary spending 
by the federal government, but that any such increase would 
total less than $100,000, assuming appropriation of the 
necessary amount. Enacting H.R. 2292 would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply to the bill.

Bill purpose

    H.R. 2292 would make permanent the current interim 
protection of a stretch of the Columbia River in the state of 
Washington. It also would designate an 11.5-mile segment of the 
Lamprey River in New Hampshire as a National Recreational River 
to be managed by the National Park Service (NPS).
    Other provisions of the bill would expand the boundaries of 
the portions of three rivers in West Virginia that are 
designated as part of the national park system, limit federal 
authority to acquire land by a portion of the Missouri River, 
make several technical amendments to the Wild and Scenic Rivers 
Act, and provide for the protection of the North St. Vrain 
Creek in Colorado.

Federal budgetary impact

    CBO estimates that enacting H.R. 2292 would not 
significantly affect spending by the Federal Government. Based 
on information from NPS. CBO estimates that managing the 
additional segment of the Lamprey River in New Hampshire would 
cost less than $100,000 a year, assuming appropriation of the 
necessary amount.

Impact on State, local, and tribal governments

    H.R. 2292 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). 
The New Hampshire and West Virginia State governments and the 
local governments along some of river segments affected by the 
bill would probably incur some costs under cooperative 
agreements with the Department of the Interior, but such costs 
would be incurred voluntarily. These costs, which are unlikely 
to be significant, would be for such activities as enforcing 
zoning ordinances, in-kind contributions for parks, technical 
assistance, and maintaining public rights-of-way.

Impact on the private sector

    This bill would impose no new private-sector mandates as 
defined in Public Law 104-4.
    If you wish further details on this estimate, we will be 
pleased to provide them. The staff contacts are Victoria V. 
Heid (for Federal costs) and Theresa Gullo (for the State and 
local government impact).
            Sincerely,
                                         June E. O'Neill, Director.

                    Compliance With Public Law 104-4

    H.R. 2292 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                SECTION 2 OF THE ACT OF NOVEMBER 4, 1988

AN ACT To authorize a study of the Hanford Reach of the Columbia River, 
                        and for other purposes.

SEC. 2. [INTERIM] PROTECTION.

  (a) [For a period of eight years after] After the enactment 
of this Act, within the study area identified in section 1 of 
this Act:
          (1) * * *
          * * * * * * *
  (b) [During the eight year interim protection period, 
provided by this section, all] All existing projects that 
affect the study area shall be operated and maintained to 
minimize any direct and adverse effects on the values for which 
the river is under study, taking into account any existing and 
relevant license, permit, or agreement affecting the project.
                              ----------                              


                       WILD AND SCENIC RIVERS ACT

  Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
  (1)  * * *
          * * * * * * *
  (65) Bluestone, West Virginia.--The segment in Mercer and 
Summers Counties, West Virginia, from a point approximately two 
miles upstream of the Summers and Mercer County line down to 
the maximum summer pool elevation (one thousand four hundred 
and ten feet above mean sea level) of Bluestone Lake as 
depicted on the boundary map entitled ``Bluestone Wild and 
Scenic River'', numbered [WSR-BLU/20,000, and dated January 
1987] BLUE-80,005, dated May 1996; to be administered by the 
Secretary of the Interior as a scenic river. In carrying out 
the requirements of subsection (b) of this section, the 
Secretary shall consult with State and local governments and 
the interested public. The Secretary shall not be required to 
establish detailed boundaries of the river as provided under 
subsection (b) of this section. Nothing in this Act shall 
preclude the improvement of any existing road or right-of-way 
within the boundaries of the segment designated under this 
paragraph. Jurisdiction over all lands and improvements on such 
lands owned by the United States within the boundaries of the 
segment designated under this paragraph is hereby transferred 
without reimbursement to the administrative jurisdiction of the 
Secretary of the Interior, subject to leases in effect on the 
date of enactment of this paragraph (or renewed thereafter) 
between the United States and the State of West Virginia with 
respect to the Bluestone State Park and the Bluestone Public 
Hunting and Fishing Area. Nothing in this Act shall affect the 
management by the State of hunting and fishing within the 
segment designated under this paragraph. Nothing in this Act 
shall affect or impair the management by the State of West 
Virginia of other wildlife activities in the Bluestone Public 
Hunting and Fishing Area to the extent permitted in the lease 
agreement as in effect on the enactment of this paragraph, and 
such management may be continued pursuant to renewal of such 
lease agreement. If requested to do so by the State of West 
Virginia, the Secretary may terminate such leases and assume 
administrative authority over the areas concerned. Nothing in 
the designation of the segment referred to in this paragraph 
shall affect or impair the management of the Bluestone project 
or the authority of any department, agency, or instrumentality 
of the United States to carry out the project purposes of that 
project as of the date of enactment of this paragraph. Nothing 
in this Act shall be construed to affect the continuation of 
studies relating to such project which were commenced before 
the enactment of this paragraph. In order to provide reasonable 
public access and vehicle parking for public use and enjoyment 
of the river designated by this paragraph, consistent with the 
preservation and enhancement of the natural and scenic values 
of such river, the Secretary may, with the consent of the owner 
thereof, negotiate a memorandum of understanding or cooperative 
agreement, or acquire not more than 10 acres of lands or 
interests in such lands, or both, as may be necessary to allow 
public access to the Bluestone River and to provide, outside 
the boundary of the scenic river, parking and related 
facilities in the vicinity of the area known as Eads Mill.
          * * * * * * *
  [(  )] (109) East Fork of Jemez, New Mexico.--The 11-mile 
segment from the Santa Fe National Forest boundary to its 
confluence with the Rio San Antonio; to be administered by the 
Secretary of Agriculture in the following classifications:
          (A) * * *
          * * * * * * *
  [(  )] (110) Pecos River, New Mexico.--The 20.5-mile segment 
from its headwaters to the townsite of Tererro; to be 
administered by the Secretary of Agriculture in the following 
classifications:
          (A) * * *
          * * * * * * *
  [(  )] (111) Smith River, California.--The segment from the 
confluence of the Middle Fork Smith River and the North Fork 
Smith River to the Six Rivers National Forest boundary, 
including the following segments of the mainstem and certain 
tributaries, to be administered by the Secretary of Agriculture 
in the following classes:
          (A) * * *
          * * * * * * *
  [(  )] (112) Middle Fork Smith River, California.--The 
segment from the headwaters to its confluence with the North 
Fork Smith River, including the following segments of the 
mainstem and certain tributaries, to be administered by the 
Secretary of Agriculture in the following classes:
          (A) * * *
          * * * * * * *
  [(  )] (113) North Fork Smith River, California.--The segment 
from the California-Oregon State line to its confluence with 
the Middle Fork Smith River, including the following segments 
of the mainstem and certain tributaries, to be administered by 
the Secretary of Agriculture in the following classes:
          (A) * * *
          * * * * * * *
  [(  )] (114) Siskiyou Fork Smith River, California.--The 
segment from its headwaters to its confluence with the Middle 
Fork Smith River, and the following tributaries, to be 
administered by the Secretary of Agriculture in the following 
classes:
          (A) * * *
          * * * * * * *
  [(  )] (115) South Fork Smith River, California.--The segment 
from its headwaters to its confluence with the main stem of the 
Smith River, and the following tributaries, to be administered 
by the Secretary of Agriculture in the following classes:
          (A) * * *
          * * * * * * *
  [(  )] (116) Clarks Fork, Wyoming.--(A) The twenty and five-
tenths-mile segment from the west boundary of section 3, 
township 56 north, range 106 west at the Crandall Creek Bridge 
downstream to the north boundary of section 13, township 56 
north, range 104 west at Clarks Fork Canyon; to be administered 
by the Secretary of Agriculture as a wild river. 
Notwithstanding subsection (b), the boundary of the segment 
shall include all land within four hundred and forty yards from 
the ordinary high water mark on both sides of the river. No 
land or interest in land may be acquired with respect to the 
segment without the consent of the owner thereof. For the 
purposes of carrying out this paragraph, there is authorized to 
be appropriated $500,000 for development and $750,000 for the 
acquisition of land and interests therein.
          * * * * * * *
  [(  )] (117) Niobrara, Nebraska.--(A) The 40-mile segment 
from Borman Bridge southeast of Valentine downstream to its 
confluence with Chimney Creek and the 30-mile segment from the 
river's confluence with Rock Creek downstream to the State 
Highway 137 bridge, both segments to be classified as scenic 
and administered by the Secretary of the Interior. That portion 
of the 40-mile segment designated by this subparagraph located 
within the Fort Niobrara National Wildlife Refuge shall 
continue to be managed by the Secretary through the Director of 
the United States Fish and Wildlife Service.
  [(  )] (118) Missouri River, Nebraska and South Dakota.--The 
39-mile segment from the headwaters of Lewis and Clark Lake to 
the Ft. Randall Dam, to be administered by the Secretary of the 
Interior as a recreational river. Notwithstanding section 6(a), 
lands and interests in lands may not be acquired for the 
purposes of this paragraph without the consent of the owner 
thereof.
  [(  )] (119) Bear Creek, Michigan.--The 6.5-mile segment from 
Coates Highway to the Manistee River, to be administered by the 
Secretary of Agriculture as a scenic river.
  [(  )] (120) Black, Michigan.--The 14-mile segment from the 
Ottawa National Forest boundary to Lake Superior, to be 
administered by the Secretary of Agriculture as a scenic river.
  [(  )] (121) Carp, Michigan.--The 27.8-mile segment from the 
west section line of section 30, township 43 north, range 5 
west, to Lake Huron, to be administered by the Secretary of 
Agriculture in the following classes:
          (A) * * *
          * * * * * * *
  [(  )] (122) Indian, Michigan.--The 51-mile segment from 
Hovey Lake to Indian Lake to be administered by the Secretary 
of Agriculture in the following classes:
          (A) * * *
          * * * * * * *
  [(  )] (123) Manistee, Michigan.--The 26-mile segment from 
the Michigan DNR boat ramp below Tippy Dam to the Michigan 
State Highway 55 bridge, to be administered by the Secretary of 
Agriculture as a recreational river.
  [(  )] (124) Ontonagon, Michigan.--Segments of certain 
tributaries, totaling 157.4 miles, to be administered by the 
Secretary of Agriculture as follows:
          (A) * * *
          * * * * * * *
  [(  )] (125) Paint, Michigan.--Segments of the mainstream and 
certain tributaries, totaling 51 miles, to be administered by 
the Secretary of Agriculture as follows:
          (A) * * *
          * * * * * * *
  [(  )] (126) Pine, Michigan.--The 25-mile segment from 
Lincoln Bridge to the east 1/16th line of section 16, township 
21 north, range 13 west, to be administered by the Secretary of 
Agriculture as a scenic river.
  [(  )] (127) Presque Isle, Michigan.--Segments of the 
mainstream and certain tributaries, totaling 57 miles, to be 
administered by the Secretary of Agriculture as follows:
          (A) * * *
          * * * * * * *
  [(  )] (128) Sturgeon, Hiawatha National Forest, Michigan.--
The 43.9-mile segment from the north line of section 26, 
township 43 north, range 19 west, to Lake Michigan, to be 
administered by the Secretary of Agriculture in the following 
classes:
          (A) * * *
          * * * * * * *
  [(  )] (129) Sturgeon, Ottawa National Forest, Michigan.--The 
25-mile segment from its entry into the Ottawa National Forest 
to the northern boundary of the Ottawa National Forest, to be 
administered by the Secretary of Agriculture in the following 
classes:
          (A) * * *
          * * * * * * *
  [(  )] (130) East Branch of the Tahquamenon, Michigan.--The 
13.2-mile segment from its origin in section 8, township 45 
north, range 5 west, to the Hiawatha National Forest boundary, 
to be administered by the Secretary of Agriculture in the 
following classes:
          (A) * * *
          * * * * * * *
  [(  )] (131) Whitefish, Michigan.--Segments of the mainstream 
and certain tributaries, totaling 33.6 miles, to be 
administered by the Secretary of Agriculture as follows:
          (A) * * *
          * * * * * * *
  [(  )] (132) Yellow Dog, Michigan.--The 4-mile segment from 
its origin at the outlet of Bulldog Lake Dam to the boundary of 
the Ottawa National Forest, to be administered by the Secretary 
of Agriculture as a wild river.
  [(  )] (133) Allegheny, Pennsylvania.--The segment from 
Kinzua Dam downstream approximately 7 miles to the United 
States Route 6 Bridge, and the segment from Buckaloons 
Recreation Area at Irvine, Pennsylvania, downstream 
approximately 47 miles to the southern end of Alcorn Island at 
Oil City, to be administered by the Secretary of Agriculture as 
a recreational river through a cooperative agreement with the 
Commonwealth of Pennsylvania and the counties of Warren, 
Forest, and Venango, as provided under section 10(e) of this 
Act; and the segment from the sewage treatment plant at 
Franklin downstream approximately 31 miles to the refinery at 
Emlenton, Pennsylvania, to be administered by the Secretary of 
Agriculture as a recreational river through a cooperative 
agreement with the Commonwealth of Pennsylvania and Venango 
County, as provided under section 10(e) of this Act.
  [(  )] (134) Big Piney Creek, Arkansas.--The 45.2-mile 
segment from its origin in section 27, township 13 north, range 
23 west, to the Ozark National Forest boundary, to be 
administered by the Secretary of Agriculture as a scenic river.
  [(  )] (135) Buffalo River, Arkansas.--The 15.8-mile segment 
from its origin in section 22, township 14 north, range 24 
west, to the Ozark National Forest boundary, to be administered 
by the Secretary of Agriculture in the following classes:
          (A) * * *
          * * * * * * *
  [(  )] (136) Cossatot River, Arkansas.--Segments of the main 
stem and certain tributaries, totaling 20.1 miles, to be 
administered as follows:
          (A) * * *
          * * * * * * *
  [(  )] (137) Hurricane Creek, Arkansas.--The 15.5-mile 
segment from its origin in section 1, township 13 north, range 
21 west, to its confluence with Big Piney Creek, to be 
administered by the Secretary of Agriculture in the following 
classes:
          (A) * * *
          * * * * * * *
  [(  )] (138) Little Missouri River, Arkansas.--Segments 
totaling 15.7 miles, to be administered by the Secretary of 
Agriculture in the following classes:
          (A) * * *
          * * * * * * *
  [(  )] (139) Mulberry River, Arkansas.--The 56.0-mile segment 
from its origin in section 32, township 13 north, range 23 
west, to the Ozark National Forest boundary, to be administered 
by the Secretary of Agriculture in the following classes:
          (A) * * *
          * * * * * * *
  [(  )] (140) North Sylamore Creek, Arkansas.--The 14.5-mile 
segment from the Clifty Canyon Botanical Area boundary to its 
confluence with the White River, to be administered by the 
Secretary of Agriculture as a scenic river.
  [(  )] (141) Richland Creek, Arkansas.--The 16.5-mile segment 
from its origin in section 35, township 13 north, range 20 
west, to the northern boundary of section 32, township 14 
north, range 18 west, to be administered by the Secretary of 
Agriculture in the following classes:
          (A) * * *
          * * * * * * *
  [(  )] (142) Sespe Creek, California.--The 4-mile segment of 
the main stem of the creek from its confluence with Rock Creek 
and Howard Creek downstream to its confluence with Trout Creek, 
to be administered by the Secretary of Agriculture as a scenic 
river; and the 27.5-mile segment of the main stem of the creek 
extending from its confluence with Trout Creek downstream to 
where it leaves section 26, township 5 north, range 20 west, to 
be administered by the Secretary of Agriculture as a wild 
river.
  [(  )] (143) Sisquoc River, California.--The 33-mile segment 
of the main stem of the river extending from its origin 
downstream to the Los Padres Forest boundary, to be 
administered by the Secretary of Agriculture as a wild river.
  [(  )] (144) Big Sur River, California.--The main stems of 
the South Fork and North Fork of the Big Sur River from their 
headwaters to their confluence and the main stem of the river 
from the confluence of the South and North Forks downstream to 
the boundary of the Ventana Wilderness in Los Padres National 
Forest, for a total distance of approximately 19.5 miles, to be 
administered by the Secretary of Agriculture as a wild river.
  [(  )] (145) Great Egg Harbor, New Jersey.--39.5 miles of the 
main stem to be administered by the Secretary of the Interior 
in the following classifications:
          (A) * * *
          * * * * * * *
  [(  )] (146) The Maurice River, Middle Segment.--From Route 
670 Bridge at Mauricetown to 3.6 miles upstream (at drainage 
ditch just upstream of Fralinger Farm), approximately 3.8 miles 
to be administered by the Secretary of the Interior as a scenic 
river.
  [(  )] (147) The Maurice River, Middle Segment.--From the 
drainage ditch just upstream of Fralinger Farm to one-half mile 
upstream from the United States Geological Survey Station at 
Burcham Farm, approximately 3.1 miles, to be administered by 
the Secretary of the Interior as a recreational river.
  [(  )] (148) The Maurice River, Upper Segment.--From one-half 
mile upstream from the United States Geological Survey Station 
at Burcham Farm to the south side of the Millville sewage 
treatment plant, approximately 3.6 miles, to be administered by 
the Secretary of the Interior as a scenic river.
  [(  )] (149) The Menantico Creek, Lower Segment.--From its 
confluence with the Maurice River to the Route 55 Bridge, 
approximately 1.4 miles, to be administered by the Secretary of 
the Interior as a recreational river.
  [(  )] (150) The Menantico Creek, Upper Segment.--From the 
Route 55 Bridge to the base of the impoundment at Menantico 
Lake, approximately 6.5 miles, to be administered by the 
Secretary of the Interior as a scenic river.
  [(  )] (151) Manumuskin River, Lower Segment.--From its 
confluence with the Maurice River to a point 2.0 miles 
upstream, to be administered by the Secretary of the Interior 
as a recreational river.
  [(  )] (152) Manumuskin River, Upper Segment.--From a point 
2.0 miles upstream from its confluence with the Maurice River 
to its headwaters near Route 557, approximately 12.3 miles, to 
be administered by the Secretary of the Interior as a scenic 
river.
  [(  )] (153) Muskee Creek, New Jersey.--From its confluence 
with the Maurice River to the Pennsylvania Seashore Line 
Railroad Bridge, approximately 2.7 miles, to be administered by 
the Secretary of the Interior as a scenic river.
  [(  )] (154)(A) Red River, Kentucky.--The 19.4-mile segment 
of the Red River extending from the Highway 746 Bridge to the 
School House Branch, to be administered by the Secretary of 
Agriculture in the following classes:
          * * * * * * *
  [(  )] (155) Rio Grande, New Mexico.--The main stem from the 
southern boundary of the segment of the Rio Grande designated 
pursuant to paragraph (4), downstream approximately 12 miles to 
the west section line of Section 15, Township 23 North, Range 
10 East, to be administered by the Secretary of the Interior as 
a scenic river.
  [(  )] (156) Farmington River, Connecticut.--The 14-mile 
segment of the West Branch and mainstem extending from 
immediately below the Goodwin Dam and Hydroelectric Project in 
Hartland, Connecticut, to the downstream end of the New 
Hartford-Canton, Connecticut, town line (hereinafter in this 
paragraph referred to as the ``segment''), as a recreational 
river, to be administered by the Secretary of the Interior 
through cooperative agreements between the Secretary of the 
Interior and the State of Connecticut and its relevant 
political subdivisions, namely the Towns of Colebrook, 
Hartland, Barkhamsted, New Hartford, and Canton and the 
Hartford Metropolitan District Commission, pursuant to section 
10(e) of this Act. The segment shall be managed in accordance 
with the Upper Farmington River Management Plan, dated April 
29, 1993, and such amendments thereto as the Secretary of the 
Interior determines are consistent with this Act. Such plan 
shall be deemed to satisfy the requirement for a comprehensive 
management plan pursuant to section 3(d) of this Act.
  (157) Lamprey River, New Hampshire.--The 11.5-mile segment 
extending from the southern Lee town line to the confluence 
with the Piscassic River in the vicinity of the Durham-
Newmarket town line (hereinafter in this paragraph referred to 
as the ``segment'') as a recreational river. The segment shall 
be administered by the Secretary of the Interior through 
cooperative agreements between the Secretary and the State of 
New Hampshire and its relevant political subdivisions, namely 
the towns of Durham, Lee, and Newmarket, pursuant to section 
10(e) of this Act. The segment shall be managed in accordance 
with the Lamprey River Management Plan dated January 10, 1995, 
and such amendments thereto as the Secretary of the Interior 
determines are consistent with this Act. Such plan shall be 
deemed to satisfy the requirements for a comprehensive 
management plan pursuant to section 3(d) of this Act.
          * * * * * * *
  Sec. 5. (a) The following rivers are hereby designated for 
potential addition to the national wild and scenic rivers 
system:
          (1) * * *
          * * * * * * *
  [(106)] (108) St. Marys River, Florida and Georgia.--The 
segment from its headwaters to its confluence with the Bells 
River.
  [(  )] (109) Mills River, North Carolina.--The North Fork 
from the bottom of the spillway of the Hendersonville Reservoir 
downstream to its confluence with the South Fork; the South 
Fork from its confluence with the Pigeon Branch downstream to 
its confluence with the North Fork; and the main stem from the 
confluence of the North and South Forks downstream to a point 
750 feet upstream from the centerline of North Carolina Highway 
191/280.
  [(  )] (110) Sudbury, Assabet, and Concord, Massachussets.--
The segment of the Sudbury from the Danforth Street Bridge in 
the town of Framingham, to its confluence with the Assabet, the 
Assabet from 1,000 feet downstream of the Damon Mill Dam in 
Concord to its confluence with the Sudbury and the Concord from 
the confluence of the Sudbury and Assabet downstream to the 
Route 3 Bridge in the town of Billerica. The study of such 
river segments shall be completed and the report submitted 
thereon not later than at the end of the third fiscal year 
beginning after the date of enactment of this paragraph.
  [(  )] (111) Niobrara, Nebraska.--The 6-mile segment of the 
river from its confluence with Chimney Creek to its confluence 
with Rock Creek.
  [(   )] (112) Lamprey, New Hampshire.--The segment from the 
southern Lee town line downstream to the confluence with 
Woodman's Brook at the base of Sullivan Falls in Durham.
  [(112)] (113) White Clay Creek, Delaware and Pennsylvania.--
The headwaters of the river in Pennsylvania to its confluence 
with the Christina River in Delaware, including the East, West, 
and Middle Branches, Middle Run, Pike Creek, Mill Creek, and 
other main branches and tributaries as determined by the 
Secretary of the Interior (herein after referred to as the 
White Clay Creek).
  [(  )] (114) Brule, Michigan and Wisconsin.--The 33-mile 
segment from Brule Lake in the northeast quarter of section 15, 
township 41 north, range 13 east, to the National Forest 
boundary at the southeast quarter of section 31, township 41 
north, range 17 east.
  [(  )] (115) Carp, Michigan.--The 7.6-mile segment from its 
origin at the confluence of the outlets of Frenchman Lake and 
Carp Lake in section 26, township 44 north, range 6 west, to 
the west section line of section 30, township 43 north, range 5 
west.
  [(  )] (116) Little Manistee, Michigan.--The 42-mile segment 
within the Huron-Manistee National Forest.
  [(  )] (117) White, Michigan.--The 75.4-mile segment within 
the Huron-Manistee National Forest as follows:
          (A) * * *
          * * * * * * *
  [(  )] (118) Ontonagon, Michigan.--The 32-mile segment of the 
Ontonagon as follows:
          (A) * * *
          * * * * * * *
  [(  )] (119) Paint, Michigan.--The 70-mile segment as 
follows:
          (A) * * *
          * * * * * * *
  [(  )] (120) Presque Isle, Michigan.--The 13-mile segment of 
the mainstream from Minnewawa Falls to Lake Superior.
  [(  )] (121) Sturgeon, Ottawa National Forest, Michigan.--The 
36-mile segment of the mainstream from the source at Wagner 
Lake in section 13, township 49 north, range 31 west, to the 
eastern boundary of the Ottawa National Forest in section 12, 
township 48 north, range 35 west.
  [(  )] (122) Sturgeon, Hiawatha National Forest, Michigan.--
The 18.1-mile segment from Sixteen Mile Lake to the north line 
of section 26, township 43 north, range 19 west.
  [(  )] (123) Tahquamenon, Michigan.--The 103.5-mile segment 
as follows--
          (A) * * *
          * * * * * * *
  [(  )] (124) Whitefish, Michigan.--The 26-mile segment of the 
West Branch Whitefish from its source in section 26, township 
46 north, range 23 west, to County Road 444.
  [(  )] (125) Clarion, Pennsylvania.--The segment of the main 
stem of the river from Ridgway to its confluence with the 
Allegheny River. The Secretary of Agriculture shall conduct the 
study of such segment.
  [(  )] (126) Mill Creek, Jefferson and Clarion Counties, 
Pennsylvania.--The segment of the main stem of the creek from 
its headwaters near Gumbert Hill in Jefferson County, 
downstream to the confluence with the Clarion River.
  [(  )] (127) Piru Creek, California.--The segment of the main 
stem of the creek from its source downstream to the maximum 
pool of Pyramid Lake and the segment of the main stem of the 
creek beginning 300 feet below the dam at Pyramid Lake 
downstream to the maximum pool at Lake Piru, for a total 
distance of approximately 49 miles.
  [(  )] (128) Little Sur River, California.--The segment of 
the main stem of the river from its headwaters downstream to 
the Pacific Ocean, a distance of approximately 23 miles. The 
Secretary of Agriculture shall consult with the Big Sur 
Multiagency Advisory Council during the study of the river.
  [(  )] (129) Matilija Creek, California.--The segment from 
its headwaters to its junction with Murietta Canyon, a distance 
of approximately 16 miles.
  [(  )] (130) Lopez Creek, California.--The segments from its 
headwaters to Lopez Reservoir, a distance of approximately 11 
miles.
  [(  )] (131) Sespe Creek, California.--The segment from 
Chorro Grande Canyon downstream to its confluence with Rock 
Creek and Howard Creek, a distance of about 10.5 miles.
  [(  )] (132) North Fork Merced, California.--The segment from 
its headwaters to its confluence with the Merced River, by the 
Secretary of Agriculture and the Secretary of the Interior.
  [(  )] (133) Delaware River, Pennsylvania and New Jersey.--
(A) The approximately 3.6-mile segment from the Erie Lackawanna 
Railroad Bridge to the southern tip of Dildine Island.
  [(   )] (134) New River, West Virginia and Virginia.--The 
segment defined by public lands commencing at the U.S. Route 
460 bridge over the New River in Virginia to the maximum summer 
pool elevation (one thousand four hundred and ten feet above 
mean sea level) of Bluestone Lake in West Virginia; by the 
Secretary of the Interior. Nothing in this Act shall affect or 
impair the management of the Bluestone project or the authority 
of any department, agency or instrumentality of the United 
States to carry out the project purposes of that project as of 
the date of enactment of this paragraph. The study of the river 
segment identified in this paragraph shall be completed and 
reported on within one year after the date of enactment of this 
paragraph.
  [(  )] (135) Rio Grande, New Mexico.--The segment from the 
west section line of Section 15, Township 23 North, Range 10 
East, downstream approximately 8 miles to the southern line of 
the northwest quarter of Section 34, Township 23 North, Range 9 
East.
          * * * * * * *
                              ----------                              


               NATIONAL PARKS AND RECREATION ACT OF 1978

          * * * * * * *

                TITLE XI--NEW RIVER GORGE NATIONAL RIVER

  Sec. 1101. For the purpose of conserving and interpreting 
outstanding natural, scenic, and historic values and objects in 
and around the New River Gorge and preserving as a free-flowing 
stream an important segment of the New River in West Virginia 
for the benefit and enjoyment of present and future 
generations, the Secretary of the Interior (hereinafter 
referred to as the ``Secretary'') shall establish and 
administer the New River Gorge National River. The Secretary 
shall administer, protect, and develop the national river in 
accordance with the provisions of the Act of August 25, 1916 
(39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and 
supplemented; except that any other statutory authority 
available to the Secretary for the preservation and management 
of natural resources may be utilized to the extent he finds 
such authority will further the purposes of this title. The 
boundaries of the national river shall be as generally depicted 
on the drawing entitled ``Proposed New River Gorge National 
River'' numbered [NERI-80,023, dated January 1987] NERI-
80,028A, dated March 1996, which shall be on file and available 
for public inspection in the offices of the National Park 
Service, Department of the Interior.
          * * * * * * *
  Sec. 1106. The Secretary may permit hunting and fishing on 
lands and waters under his jurisdiction within the boundaries 
of the New River Gorge National River in accordance with 
applicable Federal and State laws, and he may designate zones 
where, and establish periods when, no hunting or fishing shall 
be permitted for reasons of public safety, administration, fish 
or wildlife management, or public use and enjoyment. Except in 
emergencies, any rules and regulations of the Secretary 
pursuant to this section shall be put into effect only after 
consultation with the appropriate State agency responsible for 
hunting and fishing activities. The Secretary shall permit the 
State of West Virginia to undertake fish stocking activities 
carried out by the State, in consultation with the Secretary, 
on waters within the boundaries of the national river. Nothing 
in this Act shall be construed as affecting the jurisdiction of 
the State of West Virginia with respect to fish and wildlife.
          * * * * * * *

SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.

  (a) Cooperative Agreements.--The provisions of section 
202(e)(1) of the West Virginia National Interest River 
Conservation Act of 1987 (16 U.S.C. 460ww-1(e)(1)) shall apply 
to the New River Gorge National River in the same manner and to 
the same extent as such provisions apply to the Gauley River 
National Recreation Area.
  (b) Remnant Lands.--The provisions of the second sentence of 
section 203(a) of the West Virginia National Interest River 
Conservation Act of 1987 (16 U.S.C. 460ww-2(a)) shall apply to 
tracts of land partially within the boundaries of the New River 
Gorge National River in the same manner and to the same extent 
as such provisions apply to tracts of land only partially 
within the Gauley River National Recreation Area.
          * * * * * * *
                              ----------                              


     WEST VIRGINIA NATIONAL INTEREST RIVER CONSERVATION ACT OF 1987

          * * * * * * *

            TITLE II--GAULEY RIVER NATIONAL RECREATION AREA

          * * * * * * *

SEC. 202. ADMINISTRATION.

  (a) * * *
          * * * * * * *
  (e) Recreational Access.--
          (1) * * *
          * * * * * * *
          (4) Access to river.--(A) In order to facilitate 
        public safety, use, and enjoyment of the recreation 
        area, and to protect, to the maximum extent feasible, 
        the scenic and natural resources of the area, the 
        Secretary is authorized and directed to acquire such 
        lands or interests in lands and to take such actions as 
        are necessary to provide access by noncommercial 
        entities on the north side of the Gauley River at the 
        area known as Woods Ferry utilizing existing roads and 
        rights-of-way. Such actions by the Secretary shall 
        include the construction of parking and related 
        facilities in the vicinity of Woods Ferry for 
        noncommercial use on lands acquired pursuant to 
        paragraph (3) or on lands acquired with the consent of 
        the owner thereof within the boundaries of the 
        recreation area.
          (B) If necessary, in the discretion of the Secretary, 
        in order to minimize environmental impacts, including 
        visual impacts, within portions of the recreation area 
        immediately adjacent to the river, the Secretary may, 
        by contract or otherwise, provide transportation 
        services for noncommercial visitors, at reasonable 
        cost, between such parking facilities and the river.
          (C) Nothing in subparagraph (A) shall affect the 
        rights of any person to continue to utilize, pursuant 
        to a lease in effect on April 1, 1993, any right of way 
        acquired pursuant to such lease which authorizes such 
        person to use an existing road referred to in 
        subparagraph (A). Except as provided under paragraph 
        (2) relating to access immediately downstream of the 
        Summersville project, until there is compliance with 
        this paragraph the Secretary is prohibited from 
        acquiring or developing any other river access points 
        within the recreation area.
          * * * * * * *

SEC. 205. SPECIAL CONDITIONS.

  (a) * * *
          * * * * * * *
  (c) New Project Permits.--The terms and conditions referred 
to in this section shall be included in any license, permit, or 
exemption issued for any such new project. Any such new project 
shall be subject to all provisions of this Act, including 
section 202(d), except that during the four-year period after 
the enactment of this Act, nothing in this Act shall prohibit 
the licensing of a project adjacent to Summersville Dam as 
proposed by the city of Summersville, or by any competing 
project applicant with a permit or license application on file 
as of August 8, 1988, if such project complies with this 
section. If such project is licensed within such four-year 
period, the Secretary shall modify the boundary map referred to 
in section 201 to relocate the upstream boundary of the 
recreation area along a line perpendicular to the river 
crossing the point five hundred and fifty feet downstream of 
the existing valve house and one thousand two hundred feet 
(measured along the river bank) upstream of United States 
Geological Survey Gauge Numbered 03189600, except in making the 
modification the Secretary shall maintain within the boundary 
of the recreation area those lands identified in the boundary 
map referred to in section 201 which are not necessary to the 
operation of such project. If project construction is not 
commenced within the time required in such license, or if such 
license is surrendered at any time, such boundary modification 
shall cease to have any force and effect.
          * * * * * * *
                              ----------                              


                        ACT OF JANUARY 26, 1915

CHAP. 19.--AN ACT To establish the Rocky Mountain National Park in the 
               State of Colorado, and for other purposes.

          * * * * * * *

SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.

  Neither the Secretary of the Interior nor any other Federal 
agency or officer may approve or issue any permit for, or 
provide any assistance for, the construction of any new dam, 
reservoir, or impoundment on any segment of North St. Vrain 
Creek or its tributaries within the boundaries of Rocky 
Mountain National Park or on the main stem of North St. Vrain 
Creek downstream to the point at which the creek crosses the 
elevation 6,550 feet above mean sea level. Nothing in this 
section shall be construed to prevent the issuance of any 
permit for the construction of a new water gaging station on 
North St. Vrain Creek at the point of its confluence with 
Coulson Gulch.