[Senate Report 105-320]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 561
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-320
_______________________________________________________________________


 
        SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC RIVERS ACT

                                _______
                                

               September 9, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 469]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 469) to designate a portion of the 
Sudbury, Assabet, and Concord Rivers as a component of the 
National Wild and Scenic Rivers System, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    On page 4, strike lines 7 through 21 and insert in lieu 
thereof the following:
    `` `(  ) Sudbury, Assabet and Concord Rivers, 
Massachusetts.--The 29 miles of river segments in 
Massachusetts, as follows:
          `` `(A) The 14.9-mile segment of the Sudbury River 
        beginning at the Danforth Street Bridge in the town of 
        Framingham, downstream to the Route 2 Bridge in 
        Concord, as a scenic river;
          `` `(B) The 1.7-mile segment of the Sudbury River 
        from the Route 2 Bridge downstream to its confluence 
        with the Assabet River at Egg Rock, as a recreational 
        river;
          `` `(C) The 4.4-mile segment of the Assabet River 
        beginning 1,000 feet downstream from the Damon Mill Dam 
        in the town of Concord, to its confluence with the 
        Sudbury River at Egg Rock in Concord, as a recreational 
        river; and
          `` `(D) The 8-mile segment of the Concord River from 
        Egg Rock at the confluence of the Sudbury and Assabet 
        Rivers downstream to the Route 3 bridge in town of 
        Billerica, as a recreational river.
`` `The segments shall be administered by the Secretary of the 
Interior in cooperation with the SUASCO River Stewardship'.''

                         Purpose of the Measure

    The purpose of S. 469 as ordered reported, is to designate 
29 miles of the Sudbury, Assabet, and Concord Rivers in the 
Commonwealth of Massachusetts as components of the Wild and 
Scenic Rivers System.

                          Background and Need

    Local and State interest in a national wild and scenic 
river study for the Sudbury, Assabet and Concord Rivers date 
back to the mid 1980's when a proposal was discussed to 
reactivate the Sudbury Reservoir in order to supply water to 
the Boston metropolitan area. Fears developed over withdrawals 
from the reservoir that could create impacts on downstream 
areas, including prime wildlife habitat. At the same time, 
surging real estate values in the area triggered concerns about 
impacts of development along the rivers irreplaceable natural 
and cultural resources.
    In 1990, Public Law 101-628 designated segments of the 
Sudbury, Assabet, and Concord Rivers in Massachusetts for study 
as potential components of the Wild and Scenic Rivers System. 
As a result of the study, 29 miles of the Sudbury, Assabet, and 
Concord Rivers were found eligible for inclusion in the Wild 
and Scenic Rivers System. The recommendation was based on the 
free-flowing character of the rivers and the presence of 
outstanding ecological, historical, literary, recreational, and 
scenic values. The eligible segments include 16.6 miles of the 
Sudbury River, 4.4 miles of the Assabet River, and 8 miles of 
the Concord River.
    The eligible segments of the Sudbury, Assabet, and Concord 
Rivers are remarkably undeveloped, providing recreational 
opportunities in a natural setting less than an hour's drive 
from several million people living in the Boston area. Ten of 
the river miles lie within the boundaries of Great Meadows 
National Wildlife Refugee, established to protect the waterfowl 
habitat and associated riparian wetlands. The rivers also 
feature prominently in the works of nineteenth century authors 
Hawthorne, Emerson, and Thoreau.
    The Wild and Scenic Rivers Act provides for three possible 
classifications of eligible river segments: wild, scenic, and 
recreational. These classifications are based on the degree of 
human modification of the river and adjacent shorelands. Under 
these guidelines, 14.9 miles of the Sudbury River would be 
classified as scenic, and the remaining 14.1 miles of the 
Sudbury, Assabet, and Concord Rivers as recreational. During 
the spring of 1995, eight towns along the study segments held 
meetings and each passed resolutions requesting Congress to 
designate the rivers as components of the Wild and Scenic 
Rivers System.
    A ``River Stewardship Council'' would coordinate the 
actions of the State, local, and Federal Governments, along 
with participation by local river protection groups. Under this 
partnership approach, the Federal Government would retain 
responsibility for ensuring that Federal water resource 
projects do not impair the rivers' free-flowing character or 
outstanding resources. The towns and State would retain their 
existing land use authorities, along with primary 
responsibility for recreation management. This arrangement 
would be formalized and funded through cooperative agreements 
between the National Park Service and other members of the 
Stewardship Council.

                          Legislative History

    S. 469 was introduced on March 18, 1997 by Senators Kerry 
and Kennedy and referred to the Committee on Energy and Natural 
Resources. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on June 18, 1998.
    At its business meeting on July 29, 1998, the Committee on 
Energy and Natural Resources ordered S. 469, as amended, 
favorably reported.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on July 29, 1998, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 469, if 
amended as described herein.

                          Committee Amendment

    During the consideration of S. 469, the Committee adopted 
an amendment clarifying the boundaries of the 29 miles of river 
segments to be designated as components of the Wild and Scenic 
Rivers System.
    River segments to be designated include: 14.9 miles of the 
Sudbury River beginning at the Danforth Street Bridge in the 
town of Framington, downstream to the Route 2 Bridge in 
Concord, as a scenic river; 1.7 miles of the Sudbury River from 
the Route 2 Bridge downstream to its confluence with the 
Assabet River at Egg Rock, as a recreational river; 4.4 miles 
of the Assabet River beginning 1,000 feet downstream from the 
Damon Mill Dam in the town of Concord, to its confluence with 
the Sudbury River at Egg Rock in Concord, as a recreational 
river; and 8.0 miles of the Concord River from Egg Rock at the 
confluence of the Sudbury and Assabet Rivers downstream to the 
Route 3 bridge in the town of Billerica, as a recreational 
river.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the 
``Sudbury, Assabet, and Concord Wild and Scenic Rivers Act.''
    Section 2 contains congressional findings that the study 
and management plan (plan), completed by the River Study 
Committee and the Secretary of the Interior, determined that 
segments of the Sudbury, Assabet, and Concord Rivers are 
eligible for inclusion in the National Wild and Scenic Rivers 
System based on their outstanding scenic, recreation, wildlife, 
cultural, and historic values. Section 2 also states that towns 
along the river segments endorse this designation.
    Section 3 amends section 3(9) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) to designate 29 miles of river segments 
in Massachusetts consisting of the Sudbury, Assabet, and 
Concord Rivers as components of the Wild and Scenic Rivers 
System. This section states that the river segments will be 
administered by the Secretary of Interior in cooperation with 
the Subdury, Assabet, Concord River Stewardship Council through 
cooperative agreements between the Secretary and the 
Commonwealth of Massachusetts.
    Section 4(a) states that the Director of the National Park 
Service (Director) shall implement the plan in accordance with 
the provisions of this Act and the Wild and Scenic Rivers Act. 
This section authorizes the Director to review anyFederally-
assisted water resources projects that could have an effect on the 
values for which the river segments were established and consider 
whether the projects are consistent with the plan. Section 4 also 
states that the plan will be the primary source of information 
regarding flows in determining compatibility between resource 
protection and water withdrawals along the rivers.
    Subsection (b) authorizes the Director to enter into 
cooperative agreements with the Commonwealth of Massachusetts, 
the Sudbury Valley Trustees, and the Organization for the 
Assabet River to provide technical assistance, staff support, 
and funding to assist in the implementation of the plan. This 
section also states that the cost to the Federal Government may 
not exceed $100,000 per year and that any segment not already 
within the National Park System may not become part of the 
System; be acquired through condemnation; be managed by the 
National Park Service; or be subject to National Park Service 
Regulations.
    Section 5 defines certain key terms used in the Act.
    Section 6 authorizes appropriations of $100,000 for each 
fiscal year.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 7, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 469, 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.

               congressional budget office cost estimate

S. 469--Sudbury, Assabet, and Concord Wild and Scenic Rivers Act

    CBO estimates that implementing S. 469 would not have a 
significant impact on the federal budget. Because S. 469 would 
not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. S. 469 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.
    S. 469 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 S. 
469 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 H.R. 
1110, the Sudbury, Assabet, and Concord Wild and Scenic Rivers 
Act, as ordered reported by the House Committee on 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.

                      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. 469. 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 
enactment of S. 469, as ordered reported.

                        Executive Communications

    The testimony of the Department of the Interior at the 
Subcommittee hearing follows:

 Statement of Destry Jarvis, Assistant Director for External Affairs, 
           National Park Service, Department of the Interior

    Mr. Chairman and members of the committee, thank you for 
the opportunity to appear before you today to discuss the views 
of the Department of the Interior on S. 469, a bill to 
designate portions of the Sudbury, Assabet and Concord Rivers 
in the Commonwealth of Massachusetts as a component of the Wild 
and Scenic Rivers System. The Department of the Interior 
supports S. 469.
    S. 469 would designate segments of the Sudbury, Assabet and 
Concord Rivers, totaling 29 river miles, in the Commonwealth of 
Massachusetts as components of the National Wild and Scenic 
Rivers System. Management of the scenic and recreational river 
segments would be accomplished by the Secretary of the Interior 
in cooperation with a coordinating committee required to be 
established by the bill. Management would be in accordance with 
a river management plan dated March 16, 1995 and adopted by the 
Sudbury, Assabet and Concord River Study Committee. The plan is 
deemed to satisfy the Wild and Scenic Rivers Act's 
comprehensive management plan requirement.
    The bill directs the Secretary to cooperate with the SUASCO 
River Stewardship Council to oversee management of the river 
segments. S. 469 provides authority for the National Park 
Service to enter into cooperative agreements with the 
Commonwealth of Massachusetts and relevant political 
subdivisions to facilitate the long-term protection, 
conservation and enhancement of the segments. The bill also 
provides that no portion of the segments not already in the 
National Park System shall become part of the National Park 
System or be managed by the National Park Service. S. 469 
recognizes that the zoning ordinances in the eight 
Massachusetts towns prohibit Federal acquisition by 
condemnation within these towns. The bill provides that the 
United States Government shall not acquire land along the 
segments for the purposes of wild and scenic river designation 
and that no lateral boundary shall be established for the river 
segments.
    In 1990, Title VII of Public Law 101-628 designated the 
segments of the Sudbury, Assabet and Concord Rivers in 
Massachusetts for study as potential components of the National 
Wild and Scenic Rivers System. That law required a report of 
the study at the end of three fiscal years. It establishes a 
13-member study committee appointed by the Secretary of the 
Interior to advise the Secretary in conducting the study and 
providing management alternatives should be river be included 
in the National Wild and Scenic Rivers System.
    The National Park Service has prepared a draft study report 
recommending designation of the river study segments. This 
report has undergone extensive public review. Although the 
final report has not yet been completed, no comments have been 
received from the public or other federal agencies opposing the 
recommendation to designate the study rivers as components of 
the National Wild and Scenic Rivers System. We look forward to 
completing this study as soon as possible. In addition, a 
comprehensive river management plan required for designated 
rivers has been prepared and has been endorsed by all local 
governments along the segments proposed for designation. The 
river management plan was developed in cooperation with the 
study committee. This plan, the River Conservation Plan, 
establishes standards for resource protection and river 
management and identifies the actions required to be taken by 
local interests.
    The study committee voted unanimously in January 1995 to 
recommend designation of all 29 miles of the study rivers, to 
be managed in accordance with the then draft River Conservation 
Plan, which was completed and approved by the study committee 
in March 1995. During March, April and May 1995, the eight 
towns along the study segments held their annual town meetings. 
All eight towns voted through resolutions or warrant articles 
to request Congress to designate the rivers as components of 
the National Wild and Scenic Rivers System.
    Based on the interest expressed by the study committee and 
local community leaders in maintaining local control over 
riverfront land use, and based on the strong existing 
protection afforded to riverfront lands through a combination 
of ownership and regulatory controls, the study team 
recommended that the rivers be administered by the Secretary of 
the Interior in cooperation with state and local governments. 
The study team further recommended that neither land 
acquisition nor National Park System unit status were necessary 
or appropriate to protect the rivers and their resources.
    The ``River Stewardship Council'' described in the River 
Conservation Plan would coordinate the actions of the state, 
local, and federal governments, along with two local river 
protection groups, in the implementation of the Plan. Under 
this partnership approach, the federal government would retain 
responsibility for ensuring that federal water resource 
projects do not impair the rivers' free-flowing character or 
outstanding resources, while the towns and state would retain 
their existing land use authorities, along with primary 
responsibility for recreation management. This arrangement 
would be formalized and funded through cooperative agreements 
between the federal government and other members of the 
Stewardship Council (state and local governments and two river 
protection organizations). Existing National Park Service and 
Fish and Wildlife Service land acquisition and management 
authorities at Minute Man National Historical Park and Great 
Meadows National Wildlife Refuge would not be affected by the 
prohibitions on federal land acquisition and management 
outlined in the River Conservation Plan.
    Given the unanimous support for the river management plan 
and wild and scenic river designation by the Massachusetts 
towns, we support S. 469.
    Mr. Chairman, the river segments, totaling 29 miles, 
designated in this bill are free-flowing and significant for 
their recreation, scenic, historic, literary, and ecological 
values. The citizens of the eight towns that would be affected 
by this legislation have spoken clearly in support of 
designation, and have been awaiting congressional action for 
three years. We join with them in recommending that Congress 
proceed with passage.
    This concludes my prepared remarks. I would 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. 469, 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):

(Public Law 90-542, October 2, 1968)

           *       *       *       *       *       *       *


    Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:

           *       *       *       *       *       *       *

    ``( ) Sudbury, Assabet, and Concord Rivers, 
Massachusetts.--The 29 miles of river segments in 
Massachusetts, as follows:
          ``(A) The 14.9 mile segment of the Sudbury River 
        beginning at the Danforth Street Bridge in the town of 
        Framingham, downstream to the Route 2 Bridge in 
        Concord, as a scenic river;
          ``(B) The 1.7 mile segment of the Sudbury River from 
        the Route 2 Bridge downstream to its confluence with 
        the Assabet River at Egg Rock, as a recreational river;
          ``(C) The 4.4 mile segment of the Assabet River 
        beginning 1,000 feet downstream from the Damon Mill Dam 
        in the town of Concord, to its confluence with the 
        Sudbury River at Egg Rock in Concord, as a recreational 
        river; and
          ``(D) The 8.0 mile segment of the Concord River from 
        Egg Rock at the confluence of the Sudbury and Assabet 
        Rivers downstream to the Route 3 bridge in the town of 
        Billerica, as a recreational river.
    ``The segments shall be administered by the Secretary of 
the Interior in cooperation with the SUASCO River Stewardship 
Council provided for in the plan through cooperative agreements 
under section 10(e) between the Secretary and the Commonwealth 
of Massachusetts and its relevant political subdivisions 
(including the towns of Framingham, Wayland, Sudbury, Lincoln, 
Concord, Carlisle, Bedford, and Billerica). The segments shall 
be managed in accordance with the plan entitled `Sudbury, 
Assabet and Concord Wild and Scenic River Study, River 
Conservation Plan' dated March 16, 1995. The plan is deemed to 
satisfy the requirement for a comprehensive management plan 
under section 3(d).''

                                
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