[House Report 106-368]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-368

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              LAMPREY WILD AND SCENIC RIVER EXTENSION ACT

                                _______


October 7, 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. 1615]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1615) to amend the Wild and Scenic Rivers Act to extend 
the designation of a portion of the Lamprey River in New 
Hampshire as a recreational river to include an additional 
river segment, 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. 1615 is to amend the Wild and Scenic 
Rivers Act to extend the designation of a portion of the 
Lamprey River in New Hampshire as a recreational river to 
include an additional river segment.

                  Background and Need for Legislation

    This bill amends the Wild and Scenic Rivers Act to extend 
the Wild and Scenic River designation to a 12-mile river 
segment of the Lamprey River running through the Town of 
Epping, New Hampshire. This new addition would be designated as 
a ``recreational'' river in accordance with the Wild and Scenic 
Rivers Act.
    As part of the Omnibus Parks and Public Lands Management 
Act of 1996 (Section 405) an 11.5-mile segment of the Lamprey 
River was designated as a recreational river in accordance with 
the Wild and Scenic Rivers Act. The study done for that 
designation (June 1995) found that not only did the 11.5-mile 
segment qualify as a recreational river, but also a 12-mile 
segment upstream which flows through the Town of Epping, New 
Hampshire. At the time of the designation of the 11.5-mile 
segment, however, there was little local support for the 
designation. The Town of Epping has since voted in support of 
the designation (March 1999) and other locally-based support 
also has been shown.

                            Committee Action

    H.R. 1615 was introduced on April 28, 1999, by Congressman 
John Sununu (R-NH). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On July 20, 1999, the 
Subcommittee held a hearing on the bill where the 
Administration testified in favor of the bill. On August 5, 
1999, the Subcommittee met to consider the bill. No amendments 
were offered and the bill was ordered favorably reported to the 
Full Committee by voice vote. On September 22, 1999, the Full 
Committee met to consider the bill. No amendments were offered 
and the bill was then 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,
                              Congresssional Budget Office,
                                   Washington, DC, October 5, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1615, the Lamprey 
Wild and Scenic River Extension 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 Marjorie Miller (for the 
state and local impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1615--Lamprey Wild and Scenic River Extension Act

    H.R. 1615 would designate an additional 12-mile segment of 
the Lamprey River in New Hampshire as a National Recreational 
River. The segment would be managed by the Department of the 
Interior's National Park Service (NPS). Based on information 
from the NPS, CBO estimates that managing the additional river 
segment would cost less than $100,000 a year, assuming 
appropriation of the necessary amount. Because enacting H.R. 
1615 would not affect direct spending or receipts, pay-as-you-
go procedures would not apply.
    H.R. 1615 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. State 
and local governments might incur some costs as a result of the 
bill's enactment, but any such costs would be voluntary.
    The CBO staff contacts are Victoria Heid Hall (for federal 
costs), and Marjorie Miller (for the state and local impact). 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

               Preemption of State, Local, and Tribal Law

    This bill is not intended to preempt any State, local, or 
tribal law.

         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)  * * *

           *       *       *       *       *       *       *

  (158) Lamprey River, New Hampshire.--The [11.5-mile segment 
extending from the southern Lee town line] 23.5-mile segment 
extending from the Bunker Pond Dam in Epping 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] towns of Epping, 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.

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 405 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 
                                  1996


SEC. 405. LAMPREY WILD AND SCENIC RIVER.

  (a)  * * *
  (b) Management.--
          (1)  * * *
          (2) Land management.--The zoning ordinances duly 
        adopted by the towns of Epping, 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 
        subsection (a). 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.
  [(c) 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.]

                                

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