[House Report 105-691]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-691
_______________________________________________________________________


 
        SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC RIVERS ACT

                                _______
                                

 September 9, 1998.--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

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1110]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1110) to designate a portion of the Sudbury, Assabet, and 
Concord Rivers as a component of the National Wild and Scenic 
Rivers System, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 1110 is to designate a portion of the 
Sudbury, Assabet, and Concord Rivers as a component of the 
National Wild and Scenic Rivers System.

                  Background and Need for Legislation

    In 1990, Title VII of Public Law 101-628 designated 
segments of the Sudbury, Assabet, and Concord (SUASCO) Rivers 
for study as components of the National Wild and Scenic Rivers 
System. The National Park Service submitted the draft report in 
September 1996 which showed these river segments were 
appropriate for designation. All of the towns within the study 
area and the Commonwealth of Massachusetts strongly support 
this designation.
    Twenty-nine miles of the Sudbury, Assabet, and Concord 
Rivers were found suitable for inclusion in the Wild and Scenic 
Rivers System, based on their free-flowing character and the 
presence of five outstanding river-related resources: ecology, 
history, literature, recreation, and scenery. The eligible 
segments include 16.6 miles of the Sudbury River as scenic, 4.4 
miles of the Assabet River as recreational, and 8 miles of the 
Concord River as recreational.
    Management of the SUASCO Rivers will be coordinated between 
the National Park Service and the River Stewardship Council 
described in the River Conservation Plan approved in March 
1995. The federal responsibility will ensure that any federal 
water resource projects do not impede the Rivers' free-flowing 
character, while the local governments would retain their 
existing land use authorities. The National Park Service at 
Minuteman National Historical Park and the U.S. Fish and 
Wildlife Service at Great Meadows National Wildlife Refuge will 
continue existing river management within their boundaries. No 
additional federal land acquisition is authorized in this 
legislation.

                            Committee Action

    H.R. 1110 was introduced on March 18, 1997, by Congressman 
Martin T. Meehan (D-MA). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On June 19, 1997, the 
Subcommittee met to consider H.R. 1110. No amendments were 
offered and the bill was ordered favorably reported to the Full 
Committee by voice vote. On July 29, 1998, the Full Resources 
Committee met to consider H.R. 1110. No amendments were offered 
and the bill was ordered favorably reported to the House of 
Representatives by voice vote.

            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.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 1110.

                        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. 1110. 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. 
1110 does not contain any new budget authority, spending 
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. 1110.
    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. 
1110 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 7, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1110, the Sudbury, 
Assabet, and Concord Wild and Scenic Rivers Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Victoria V. 
Heid (for federal costs), and Marjorie Miller (for the state 
and local impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 1110--Sudbury, Assabet, and Concord Wild and Scenic Rivers Act

    CBO estimates that implementing H.R. 1110 would not have a 
significant impact on the federal budget. Because H.R. 1110 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 1110 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no impact on the 
budgets of state, local, or tribal governments.
    H.R. 1110 would designate 29 miles of river segments in 
Massachusetts as scenic and recreational rivers. The segments 
would be administered by the Secretary of the Interior in 
cooperation with the SUASCO River Stewardship Council, as 
provided for in a river conservation plan prepared by the 
National Park Service (NPS) and the Sudbury, Assabet, and 
Concord River Study Committee. The bill would authorize the NPS 
to provide financial and other assistance to the Commonwealth 
of Massachusetts and relevant local governments under 
cooperative agreements aimed at facilitating the management of 
the newly designated river segments.
    The bill would authorize the appropriation of up to 
$100,000 each year to implement the river conservation plan, 
including financial and other assistance to the state and local 
governments. For purposes of this estimate, CBO assumes that 
H.R. 1110 will be enacted by the end of the 105th Congress and 
that the authorized funding will be appropriated for fiscal 
year 2000 and each subsequent year. We estimate that outlays to 
implement the plan would total about $400,000 over the 2000-
2003 period, assuming appropriation of the authorized amounts.
    On August 7, 1998, CBO prepared a cost estimate for S. 469, 
the Sudbury, Assabet, and Concord Wild and Scenic Rivers Act, 
as ordered reported by the Senate Committee on Energy and 
Natural Resources on July 29, 1998. The two bills are similar, 
and the estimated costs are the same.
    The CBO staff contacts are Victoria V. Heid (for federal 
costs), and Marjorie Miller (for the state and local impact). 
This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 1110 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 (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

              SECTION 3 OF THE 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) * * *

           *       *       *       *       *       *       *

          (  ) Sudbury, assabet, and concord rivers, 
        massachusetts.--The 29 miles of river segments in 
        Massachusetts consisting of the Sudbury River from the 
        Danforth Street Bridge in Framingham downstream to its 
        confluence with the Assabet River at Egg Rock; the 
        Assabet River from a point 1,000 feet downstream of the 
        Damondale Dam in Concord to its confluence with the 
        Sudbury River at Egg Rock; and the Concord River from 
        its origin at Egg Rock in Concord downstream to the 
        Route 3 bridge in Billerica (in this paragraph referred 
        to as the ``segments''), as scenic and recreational 
        river segments. The segments shall be administered by 
        the Secretary of the Interior in cooperation with the 
        SUASCO River Stewardship Council provided for in the 
        plan through cooperative agreements under section 10(e) 
        between the Secretary and the Commonwealth of 
        Massachusetts and its relevant political subdivisions 
        (including the towns of Framingham, Wayland, Sudbury, 
        Lincoln, Concord, Carlisle, Bedford, and Billerica). 
        The segments shall be managed in accordance with the 
        plan entitled ``Sudbury, Assabet and Concord Wild and 
        Scenic River Study, River Conservation Plan'' dated 
        March 16, 1995. The plan is deemed to satisfy the 
        requirement for a comprehensive management plan under 
        section 3(d).

           *       *       *       *       *       *       *


          ADDITIONAL VIEWS OF REPRESENTATIVE EDWARD J. MARKEY

    I am pleased that the Committee has voted to approve H.R. 
1110, the Sudbury, Assabet, and Concord Wild and Scenic Rivers 
Act. This bill was introduced by Mr. Meehan, my colleague from 
Massachusetts, and I am proud to join with all of the 
Massachusetts and New Hampshire delegations, on a bipartisan 
basis, along with several colleagues from Connecticut, as 
original cosponsors of the bill. Former Governor Weld of 
Massachusetts has expressed his support for this legislation as 
well.
    In 1990, I along with the rest of the Massachusetts 
delegation, cosponsored a bill which resulted in a study of the 
Sudbury, Assabet, and Concord Rivers for inclusion in the 
national wild and scenic rivers system. The study determined 
that these segments are eligible for inclusion. In addition, in 
true New England fashion, and reflecting the local, grassroots 
action which this Committee often favors, the towns abutting 
the proposed Scenic Rivers held town meetings at which they 
unanimously voted in favor of this proposal. A comprehensive 
management plan was developed by the local study committee in 
conjunction with the National Park Service regional office. 
H.R. 1110 explicitly limits the potential cost to the federal 
government, and the rivers are specifically exempted from 
becoming a part of the National Park System, being managed by 
the National Park System, or being subject to National Park 
System control. In sum, this bill has minimal expense and does 
not increase federal land acquisition authority of federal 
agencies, but improves the local control of the rivers.
    Most of all, this bill is about love for these rivers. My 
district is an increasingly urbanized area, and many of my 
constituents enjoy the opportunity to commune with nature in 
these lovely local streams. The Sudbury and Assabet rivers meet 
at Concord to form the Concord river. The Concord river's place 
in American history is secure, for here, in the words of Ralph 
Waldo Emerson, ``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.'' 
These rivers are not only memorable as the backdrop for the 
historic battle of Lexington and Concord, they also remain 
quite beautiful. Over 100 years ago, Nathaniel Hawthorne 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.'' Today the Assabet, the Sudbury, and 
the Concord are still lovely enough to stir the imaginations of 
both poets and politicians. And while our country is blessed 
with many beautiful rivers, I can assure my colleagues that 
within the increasingly crowded Boston area, designating these 
rivers as wild and scenic will help the local communities enjoy 
them, and protect them for future generations.

                                                  Edward J. Markey.