[House Report 106-10]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                 106-10

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        SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC RIVERS ACT

                                _______
                                

February 8, 1999.--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. 193]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 193) to designate a portion of the Sudbury, Assabet, and 
Concord Rivers as a component of the National Wild and Scenic 
Rivers System, 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. 193 is to designate portions of the 
Sudbury, Assabet, and Concord Rivers as components of the 
National Wild and Scenic Rivers System.

                  Background and Need for Legislation

    The bill would amend the Wild and Scenic Rivers Act by 
designating 29 miles of the Sudbury, Assabet and Concord 
(SUASCO) Rivers in Massachusetts as part of the National Wild 
and Scenic Rivers System. The 29 miles of river were found 
suitable for inclusion in the Wild and Scenic Rivers System 
based on their free-flowing character and the presence of five 
outstandingly remarkable river-related resources: ecology, 
history, literature, recreation and scenery. The eligible 
segments for designation 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, as 
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, including easements, is 
authorized in this legislation. The bill authorizes an 
appropriation to the Secretary of the Interior to carry out the 
provisions of the bill of up to $100,000 per fiscal year.

                            Committee Action

    H.R. 193 was introduced on January 6, 1999, by Congressman 
Martin 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 February 3, 1999, the Full 
Resources Committee met to consider the bill. No amendments 
were offered and the bill was ordered favorably reported to the 
House of Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII 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 this bill.

                    Compliance with House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII 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 on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, February 4, 1999.
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. 193, the Sudbury, 
Assabet, and Concord Wild and Scenic River Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Victoria 
Heid Hall (for federal costs), and Majorie Miller (for the 
state and local impact).
            Sincerely,
                                          Dan L. Crippen, Director.
    Enclosure.
H.R. 193--Sudbury, Assabet, and Concord Wild and Scenic River Act
    CBO estimates that implementing H.R. 193 would not have a 
significant impact on the federal budget. Because H.R. 193 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 193 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    H.R. 193 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 the purposes of this estimate, CBO assumes 
that H.R. 193 will be enacted by the end of fiscal year 1999 
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 $500,000 over the 2000-
2004 period, assuming appropriation of the authorized amounts.
    The CBO staff contacts are Victoria Heid Hall (for federal 
costs), who can be reached at 226-2860, and Marjorie Miller 
(for the state and local impact), who can be reached at 225-
3220. This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) 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 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) * * *

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  [( )] (157) (A) Elkhorn Creek.--The 6.4 mile segment 
traversing federally administered lands from that point along 
the Willamette National Forest boundary on the common section 
line between Sections 12 and 13, Township 9 South, Range 4 
East, Willamette Meridian, to that point where the segment 
leaves federal ownership along the Bureau of Land Management 
boundary in Section 1, Township 9 South, Range 3 East, 
Willamette Meridian, in the following classes:
          (i) a 5.8-mile wild river area, extending from that 
        point along the Willamette National Forest boundary on 
        the common section line between Sections 12 and 13, 
        Township 9 South, Range 4 East, Willamette Meridian, to 
        its confluence with Buck Creek in Section 1, Township 9 
        South, Range 3 East, Willamette Meridian, to be 
        administered as agreed on by the Secretaries of 
        Agriculture and the Interior, or as directed by the 
        President; and
          (ii) a 0.6-mile scenic river area, extending from the 
        confluence with Buck Creek in Section 1, Township 9 
        South, Range 3 East, Willamette Meridian, to that point 
        where the segment leaves federal ownership along the 
        Bureau of Land Management boundary in Section 1, 
        Township 9 South, Range 3 East, Willamette Meridian, to 
        be administered by the Secretary of Interior, or as 
        directed by the President.
                  (B) Notwithstanding section 3(b) of this Act, 
                the lateral boundaries of both the wild river 
                area and the scenic river area along Elkhorn 
                Creek shall include an average of not more than 
                640 acres per mile measured from the ordinary 
                high water mark on both sides of the river.
          [( )] (158) Clarion River, Pennsylvania.--The 51.7-
        mile segment of the main stem of the Clarion River from 
        the Allegheny National Forest/State Game Lands Number 
        44 boundary, located approximately 0.7 miles downstream 
        from the Ridgway Borough limit, to an unnamed tributary 
        in the backwaters of Piney Dam approximately 0.6 miles 
        downstream from Blyson Run, to be administered by the 
        Secretary of Agriculture in the following 
        classifications:
                  (A) The approximately 8.6-mile segment of the 
                main stem from the Allegheny National Forest/
                State Game Lands Number 44 boundary, located 
                approximately 0.7 miles downstream from the 
                Ridgway Borough limit, to Portland Mills, as a 
                recreational river.
                  (B) The approximately 8-mile segment of the 
                main stem from Portland Mills to the Allegheny 
                National Forest boundary, located approximately 
                0.8 miles downstream from Irwin Run, as a 
                scenic river.
                  (C) The approximately 26-mile segment of the 
                main stem from the Allegheny National Forest 
                boundary, located approximately 0.8 miles 
                downstream from Irwin Run, to the State Game 
                Lands 283 boundary, located approximately 0.9 
                miles downstream from the Cooksburg bridge, as 
                a recreational river.
                  (D) The approximately 9.1-mile segment of the 
                main stem from the State Game Lands 283 
                boundary, located approximately 0.9 miles 
                downstream from the Cooksburg bridge, to an 
                unnamed tributary at the backwaters of Piney 
                Dam, located approximately 0.6 miles downstream 
                from Blyson Run, as a scenic river.
  [(  )] (159) 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 cooperation 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.
  [(  )] (160) (A) Elkhorn Creek.--The 6.4-mile segment 
traversing federally administered lands from that point along 
the Willamette National Forest boundary on the common section 
line between Sections 12 and 13, Township 9 South, Range 4 
East, Willamette Meridian, to that point where the segment 
leaves Federal ownership along the Bureau of Land Management 
boundary in Section 1, Township 9 South, Range 3 East, 
Willamette Meridian, in the following classes:
          (i) a 5.8-mile wild river area, extending from that 
        point along the Willamette National Forest boundary on 
        the common section line between Sections 12 and 13, 
        Township 9 South, Range 4 East, Willamette Meridian, to 
        its confluence with Buck Creek in Section 1, Township 9 
        South, Range 3 East, Willamette Meridian, to be 
        administered as agreed on by the Secretaries of 
        Agriculture and the Interior, or as directed by the 
        President; and
          (ii) a 0.6-mile scenic river area, extending from the 
        confluence with Buck Creek in Section 1, Township 9 
        South,Range 3 East, Willamette Meridian, to that point 
where the segment leaves Federal ownership along the Bureau of Land 
Management boundary in Section 1, Township 9 South, Range 3 East, 
Willamette Meridian, to be administered by the Secretary of Interior, 
or as directed by the President.
  (B) Notwithstanding section 3(b) of this Act, the lateral 
boundaries of both the wild river area and the scenic river 
area along Elkhorn Creek shall include an average of not more 
than 640 acres per mile measured from the ordinary high water 
mark on both sides of the river.
  (b) The agency charged with the administration of each 
component of the national wild and scenic rivers system 
designated by subsection (a) of this section shall, within one 
year from the date of designation of such component under 
subsection (a) (except where a different date if provided in 
subsection (a)), establish detailed boundaries therefor (which 
boundaries shall include an average of not more than 320 acres 
of land per mile measured from the ordinary high water mark on 
both sides of the river); and determine which of the classes 
outlined in section 2, subsection (b), of this Act best fit the 
river or its various segments.
  Notice of the availability of the boundaries and 
classification, and of subsequent boundary amendments shall be 
published in the Federal Register and shall not become 
effective until ninety days after they have been forwarded to 
the President of the Senate and the Speaker of the House of 
Representatives.
  (c) Maps of all boundaries and descriptions of the 
classifications of designated river segments, and subsequent 
amendments to such boundaries, shall be available for public 
inspection in the offices of the administering agency in the 
District of Columbia and in locations convenient to the 
designated river.
  (d)(1) For rivers designated on or after January 1, 1986, the 
Federal agency charged with the administration of each 
component of the National Wild and Scenic Rivers System shall 
prepare a comprehensive management plan for such river segment 
to provide for the protection of the river values. The plan 
shall address resource protection, development of lands and 
facilities, user capacities, and other management practices 
necessary or desirable to achieve the purposes of this Act. The 
plan shall be coordinated with and may be incorporated into 
resource management planning for affected adjacent Federal 
lands. The plan shall be prepared, after consultation with 
State and local governments and the interested public within 3 
full fiscal years after the date of designation. Notice of the 
completion and availability of such plans shall be published in 
the Federal Register.
  (2) For rivers designated before January 1, 1986, all 
boundaries, classifications, and plans shall be reviewed for 
conformity within the requirements of this subsection within 10 
years through regular agency planning processes.
  (161) Sudbury, Assabet, and Concord Rivers, Massachusetts.--
(A) The 29 miles of river segments in Massachusetts, as 
follows:
          (i) The 14.9-mile segment of the Sudbury River 
        beginning at the Danforth Street Bridge in the town of 
        Framingham, downstream to the Route 2 Bridge in 
        Concord, as a scenic river.
          (ii) The 1.7-mile segment of the Sudbury River from 
        the Route 2 Bridge downstream to its confluence with 
        the Assabet River at Egg Rock, as a recreational river.
          (iii) The 4.4-mile segment of the Assabet River 
        beginning 1,000 feet downstream from the Damon Mill Dam 
        in the town of Concord, to its confluence with the 
        Sudbury River at Egg Rock in Concord; as a recreational 
        river.
          (iv) The 8-mile segment of the Concord River from Egg 
        Rock at the confluence of the Sudbury and Assabet 
        Rivers downstream to the Route 3 Bridge in the town of 
        Billerica, as a recreational river.
  (B) The segments referred to in subparagraph (A) shall be 
administered by the Secretary of the Interior in cooperation 
with the SUASCO River Stewardship Council provided for in the 
plan referred to in subparagraph (C) through cooperative 
agreements under section 10(e) between the Secretary and the 
Commonwealth of Massachusetts and its relevant political 
subdivisions (including the towns of Framingham, Wayland, 
Sudbury, Lincoln, Concord, Carlisle, Bedford, and Billerica).
  (C) The segments referred to in subparagraph (A) shall be 
managed in accordance with the plan entitled ``Sudbury, Assabet 
and Concord Wild and Scenic River Study, River Conservation 
Plan'', dated March 16, 1995. The plan is deemed to satisfy the 
requirement for a comprehensive management plan under 
subsection (d) of this section.

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