[Senate Report 104-309]
[From the U.S. Government Publishing Office]
Calendar No. 484
104th Congress Report
SENATE
2d Session 104-309
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LAMPREY WILD AND SCENIC RIVER ACT
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June 28, 1996.--Ordered to be printed
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Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1174]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1174) to amend the Wild and Scenic Rivers
Act to designate certain segments of the Lamprey River in New
Hampshire as components of the National Wild and Scenic Rivers
System, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose of the Measure
The purpose of S. 1174 is to designate an 11.5-mile segment
of the Lamprey River in New Hampshire as a ``recreational''
component of the Wild and Scenic Rivers System.
Background and Need
The Lamprey River is situated in coastal New Hampshire and
includes portions of Strafford and Rockingham counties. It is
the largest of the rivers that discharge into Great Bay, a
designated National Estuarine Research Reserve consisting of
4,500 acres of tidal waters and wetlands and 100 acres of
uplands.
``The Lamprey Wild and Scenic River Study,'' authorized in
1991 by Public Law 102-214, and completed by the National Park
Service in 1995, found that 23.5 miles of the River are
eligible for inclusion in the National Wild and Scenic Rivers
System based on the free-flowing character and the presence of
outstanding ecological, anadromous fish, and historical
resources. The eligible portion extends from the Bunker Pond
Dam in West Epping to the confluence of the Lamprey and
Piscassic rivers in the vicinity of the Newmarket-Durham town
line.
The Lamprey is considered New Hampshire's most significant
river for anadromous fish. River herring (largely alewives),
American shad, and Atlantic salmon are the principal anadromous
species found in the Lamprey. Sea lamprey, a parasite on other
fish, also come upriver to spawn. Common warmwater fish include
members of the sunfish, catfish, and pike families. The New
Hampshire Fish and Game Department stocks the river with brook,
brown, and rainbow trout in Lee and Durham and maintains shad
and herring restoration programs along the river.
The National Park Service documented six of New Hampshire's
known fresh water mussel species during its study, including
one listed as an endangered species by the State, the brook
floater (Alismidonta varicosa), which is also a candidate for
Federal listing. Its presence is considered a strong indicator
of good water quality.
According to the State Architectural Historian, the Lamprey
is one of New Hampshire's most historic streams. Archeological
remains from one of the ten most significant sites in the
state, at the Wadleigh Falls in Lee, date back some 8,000
years. Because the riparian zone has remained undeveloped, it
is likely that archeological sites have been well preserved.
Among the historical resources on the river is the mill site at
Wiswall Falls, which is listed on the National Register of
Historic Places.
Recreational use of the upstream portion of the river
includes fishing, canoeing, kayaking, and swimming in the
summer and cross country skiing, skating and snowmobiling in
the winter. In the lower reaches of Durham and Newmarket, the
river is deep enough for motor boats.
Except for land holdings by the University of New Hampshire
in the town of Lee and the nine town owned parcels on the
river, the land on the Lamprey is privately owned by some 268
individuals. One-quarter (65) of all private landowners own 56
percent of the river frontage. Of the public entities with
frontage on the river, the University owns the most, with 1.7
miles.
According to the National Park Service study, there is
strong local support for the Wild and Scenic River designation
of the Lamprey within the towns of Newmarket, Durham, and Lee,
New Hampshire. This corresponds to the 11.5 miles of river
stretching from the southern Lee town line to the confluence of
the Lamprey and Piscassic rivers in the vicinity of the Durham-
Newmarket town line.
As part of the River Study, a management plan was developed
to create a framework for successful long-term use and
protection of the Lamprey River. The plan has been approved by
the towns of Newmarket, Durham and Lee. The plan was developed
through the consensus of the Lamprey River Advisory Committee
(LRAC), a permanent advisory body whose members are nominated
by the local communities and appointed by the New Hampshire
Department of Environmental Services.
The National Park Service study also identified a preferred
management alternative which they feel would best achieve the
principal river conservation goals articulated by the LRAC and
local communities. This alternative is reflected in the
proposed legislation.
Legislative History
S. 1174 was introduced by Senators Gregg and Smith on
August 10, 1995. A hearing on the bill was held by the Senate
Subcommittee for Parks, Historic Preservation and Recreation on
May 2, 1996. At the business meeting on June 19, 1996, the
Committee on Energy and Natural Resources ordered S. 1174
favorably reported, without amendment.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 19, 1996, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 1174
without amendment.
Section-by-Section Analysis
Section 1 entitles the bill the ``Lamprey Wild and Scenic
River Act.''
Section 2 contains the Congressional findings, including:
(1) the Lamprey River Study Act of 1991 authorized the study of
a segment of the Lamprey River for potential inclusion in the
National Wild and Scenic Rivers System; (2) the study
determined that a specific segment of the river within the
study area was eligible for inclusion in the National Wild and
Scenic Rivers System; (3) a comprehensive management plan was
prepared as part of the study which established objectives,
standards and action programs to ensure long-term protection of
the river segments; (4) the Lamprey River Advisory Committee
has unanimously voted in favor of wild and scenic river
designation; (5)(A) the governing bodies of the towns of
Newmarket, Durham and Lee have voted to endorse the management
plan and are seeking wild and scenic river designation; (5)(B)
the upstream town of Epping, which participated in the study on
an informal basis, chose not to vote on the management plan or
designation.
Section 3(a) amends the Wild and Scenic Rivers Act by
designating the 11.5 mile segment of the Lamprey River,
extending from the southern Lee town line to the confluence of
the Piscassic River in the vicinity of the Durham-New Market
town line as a recreational river, to be administered by the
Secretary of the Interior (Secretary) through cooperative
agreements with the State of New Hampshire and the towns of
Durham, Lee and Newmarket, New Hampshire. This section directs
that the segment be managed in accordance with the general
management plan prepared in 1995 as part of the study, and any
amendments deemed necessary by the Secretary.
Section 4(a) directs the Secretary to coordinate management
responsibilities for the designated segment of the river with
the Lamprey River Advisory Committee.
Section 4(b)(1) states that the zoning ordinances adopted
by the towns of Durham, Lee, and Newmarket, including
provisions for conservation of shorelines, flood plains, and
wetlands, will satisfy the standards and requirements of the
Wild and Scenic Rivers Act.
Section 4(b)(2) prohibits the Federal acquisition of land
by condemnation, and directs that the acquisition of land by
the Secretary be on a willing seller basis only, and subject to
the additional criteria set forth in the Lamprey River General
Management Plan.
Section 5 authorizes the Secretary to offer assistance to
the upstream town of Epping, New Hampshire, relative to their
continued involvement in the implementation of the Lamprey
River Management Plan and the potential of the portion of the
river within Epping as a future component of the Wild and
Scenic River.
Section 6 authorizes the appropriation of sums as one
necessary to carry out the Act.
Cost and Budgetary Considerations
On June 20, 1996 the Committee on Energy and Natural
Resources requested a Congressional Budget Office estimate on
S. 1174. This estimate had not been received at the time the
report on S. 1174 was filed. When this estimate becomes
available, the Chairman will request that it be printed in the
Congressional Record for the advice of the Senate.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1174. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1174, as ordered reported.
Executive Communications
On June 20, 1996, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1174. These
reports had not been received at the time the report on S. 1174
was filed. When these reports become available, the Chairman
will request that they be printed in the Congressional Record
for the advice of the Senate. The testimony provided by the
Department of the Interior at the Subcommittee hearing follows:
Statement of Katherine H. Stevenson, Associate Director for
Cultural Resource Stewardship and Partnerships, National Park
Service, Department of the Interior
Thank you for the opportunity to offer the Department
of the Interior's views on S. 1174, a bill to designate
certain segments of the Lamprey River in New Hampshire
as components of the National Wild and Scenic Rivers
System. We support enactment of S. 1174 as introduced.
Mr. Chairman, S. 1174 would designate 11.5 miles of
the Lamprey River in New Hampshire as a recreational
river in the National Wild and Scenic Rivers System.
The bill directs the Secretary of the Interior to
administrator the designated portion of the river
through cooperative agreements with the State of New
Hampshire and relevant local governments. It limits
federal land acquisition to donation or willing seller
only, and provides a funding authorization to carry out
the purposes of the Act. Mr. Chairman, we strongly
support S. 1174.
This bill is based closely on the National Park
Service's findings and recommendations as described in
the Draft Study Report for the Lamprey River Wild and
Scenic River Study, dated June, 1995. This study was
authorized by P.L. 102-214, and was conducted in close
partnership with the State of New Hampshire, local
communities, and the Lamprey River Advisory Committee.
All of the principal study partners and affected
communities of Durham, Lee, and Newmarket, New
Hampshire have signaled their support for the
designation as crafted. This support is documented in
the Draft Study Report, which has now finished the 90-
day review period without any comments in opposition to
the proposed designation.
The essence of this legislation is a partnership
between the National Park Service, the State of New
Hampshire, and local communities designed to ensure the
sound stewardship of the Lamprey River and the
protection of its outstanding ecological, anadromous
fish, and historical values. The provisions of S. 1174
which implement this partnership are similar to those
contained in other recent designations, including the
Wildcat in New Hampshire, the Maurice and Great Egg
Harbor in New Jersey, and, most recently, the
Farmington in Connecticut. Critical components of this
partnership, all of which are included in S. 1174,
include: the adoption of the Lamprey River Management
Plan (January 10, 1995) as the comprehensive management
plan for the segment required by section 3(d) of the
Wild and Scenic Rivers Act; the recognition of local
land use authority and the associated prohibition
against land condemnation; and the adoption of the
Lamprey River Advisory Committee as established under
New Hampshire law as a local advisory body to guide
river management. We urge the retention of these
provisions in S. 1174 to ensure that local expectations
are met and that an effective partnership to protect
the river is formed.
Investigations during the study period and comments
on the Draft Study Report revealed no known water
resources projects that would be precluded or otherwise
impacted by the designation. The only active project on
the segment, a proposed hydroelectric development in
the Town of Durham, was withdrawn by the applicant in
June of 1995. We estimate costs associated with the
designation at between $50,000 and $75,000 per year, a
fraction of the costs of such a protection effort in
the absence of the envisioned partnership approach.
This concludes my prepared testimony on S. 1174. At
this time, I will be pleased to respond to any
questions you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1174, as ordered 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 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
``( ) 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 (referred to in this paragraph 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 the towns of Durham, Lee, and New Market, New
Hampshire, under section 10(e). The section shall be managed in
accordance with the Lamprey River Management Plan dated January
10, 1995, and such amendments to the plan as the Secretary of
the Interior determines are consistent with this Act. The plan
shall be deemed to satisfy the requirements for a comprehensive
management plan pursuant to section 3(d).''