[House Report 106-678]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-678

======================================================================



 
         TAUNTON RIVER WILD AND SCENIC RIVER STUDY ACT OF 2000

                                _______
                                

 June 19, 2000.--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. 2778]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2778) to amend the Wild and Scenic Rivers Act to 
designate segments of the Taunton River in the Commonwealth of 
Massachusetts for study for potential addition to the National 
Wild and Scenic Rivers System, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Taunton River Wild and Scenic River 
Study Act of 2000''.

SEC. 2. FINDINGS.

  Congress finds that--
          (1) the Taunton River in the State of Massachusetts possesses 
        important resource values (including wildlife, ecological, and 
        scenic values), historic sites, and a cultural past important 
        to the heritage of the United States;
          (2) there is strong support among State and local officials, 
        area residents, and river users for a cooperative wild and 
        scenic river study of the area; and
          (3) there is a longstanding interest among State and local 
        officials, area residents, and river users in undertaking a 
        concerted cooperative effort to manage the river in a 
        productive and meaningful way.

SEC. 3. DESIGNATION FOR STUDY.

  Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is 
amended--
          (1) by designating the undesignated paragraph following (135) 
        as paragraph (136); and
          (2) by adding at the end the following:
  ``(137) Taunton River, Massachusetts.--The segment downstream from 
the headwaters, from the confluence of the Town River and the Matfield 
River in Bridgewater to the confluence with the Forge River in Raynham, 
Massachusetts.''.

SEC. 4. STUDY AND REPORT.

  Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is 
amended--
          (1) by redesignating the second paragraph (8) as paragraph 
        (10);
          (2) by redesignating the second paragraph (11) as paragraph 
        (12);
          (3) by redesignating the third paragraph (11) as paragraph 
        (13);
          (4) by redesignating the fourth paragraph (11) as paragraph 
        (14);
          (5) by redesignating the first undesignated paragraph as 
        paragraph (15);
          (6) by redesignating the second undesignated paragraph as 
        paragraph (16);
          (7) in paragraph (16), as so redesignated by paragraph (6) of 
        this subsection, by striking ``paragraph ( )'' and inserting 
        ``paragraph (136)''; and
          (8) by adding at the end the following:
  ``(17) Taunton River, Massachusetts.--Not later than 3 years after 
the date of enactment of this paragraph, the Secretary of the 
Interior--
          ``(A) shall complete the study of the Taunton River, 
        Massachusetts; and
          ``(B) shall submit to Congress a report describing the 
        results of the study.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are necessary to 
carry out this Act.

                          Purpose of the Bill

    The purpose of H.R. 2778 is to amend the Wild and Scenic 
Rivers Act to designate segments of the Taunton River in the 
Commonwealth of Massachusetts for study for potential addition 
to the National Wild and Scenic Rivers System, and for other 
purposes.

                  Background and Need for Legislation

    H.R. 2778 would amend the Wild and Scenic Rivers Act to 
authorize a study of the Taunton River in Massachusetts to 
determine whether the river meets the requirements for 
inclusion into the Wild and Scenic Rivers System. This river 
contains a variety of wildlife, ecological, and scenic 
resources, and also possesses a number of historical and 
cultural sites important to America's heritage. The Taunton was 
the first river the Pilgrims crossed as they spread inland from 
the coast of Massachusetts, and for centuries served as an 
avenue for trade among American Indians and European settlers.
    The three-year study authorized by H.R. 2778 has strong 
support from State and local officials, residents, and river 
users. This study, conducted by the Secretary of the Interior, 
will be submitted to Congress describing the results.

                            Committee Action

    H.R. 2778 was introduced on August 5, 1999, by Congressman 
John Joseph Moakley (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 April 13, 
2000, the Subcommittee met to consider the bill. An amendment 
was offered by Congressman Carlos Romeo-Barcelo (D-PR), which 
specified that certain portions of the river are to be included 
in the study and also made technical corrections in the 
numbering sequence of rivers in the Wild and Scenic Rivers Act. 
The amendment was adopted by voice vote and the bill, as 
amended, was then ordered favorably reported by to the Full 
Committee by voice vote. On June 7, 2000, the Full Resources 
Committee met to consider the bill. No further amendments were 
offered and the bill, as amended, 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, June 15, 2000.
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. 2778, the Taunton 
River Wild and Scenic River Study Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2778--Taunton River Wild and Scenic River Study Act of 2000

    H.R. 2778 would direct the Secretary of the Interior to 
study segments of the Taunton River in Massachusetts for 
potential addition to the Wild and Scenic Rivers System. The 
legislation would require the Secretary to complete the study 
wihin three years of enactment. Based on information from the 
National Park Service (NPS), CBO estimates that carrying out 
the study would cost $400,000 over the next three years, 
assuming the availability of approriated funds. Because 
enacting H.R. 2778 would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply.
    H.R. 2778 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no significant costs on state, local, or tribal 
governments.
    On November 21, 1999, CBO transmitted a cost estimate for 
S. 1569, the Taunton River Wild and Scenic River Study Act of 
1999, as ordered reported by the Senate Committee on energy and 
Natural Resources on October 20, 1999. Differences between the 
cost estimates for these pieces of legislation reflect new 
information from the NPS regarding the cost of the study 
authorized under each version of the legislation.
    The CBO staff contact is Megan Carroll. 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 or 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 5 OF THE WILD AND SCENIC RIVERS ACT

  Sec. 5.(a) The following rivers are hereby designated for 
potential addition to the national wild and scenic rivers 
system:
  (1) Allegheny, Pennsylvania: The segment from its mouth to 
the town of East Brady, Pennsylvania.

           *       *       *       *       *       *       *

  [(  )] (136) Wekiva River, Florida.--(A) The entire river.
  (B) The Seminole Creek tributary.
  (C) The Rock Springs Run tributary.
  (137) Taunton River, Massachusetts.--The segment downstream 
from the headwaters, from the confluence of the Town River and 
the Matfield River in Bridgewater to the confluence with the 
Forge River in Raynham, Massachusetts.
  (b)(1) The studies of rivers named in subparagraphs (28) 
through (55) of subsection (a) of this section shall be 
completed and reports thereon submitted by not later than 
October 2, 1979: Provided, That with respect to the rivers 
named in subparagraphs (33), (50), and (51), the Secretaries 
shall not commence any studies until (i) the State legislature 
has acted with respect to such rivers or (ii) one year from the 
date of enactment of this Act, whichever is earlier. Studies of 
the river named in paragraphs (38), (55), (83), and (87) shall 
be completed and the reports transmitted to the Congress not 
later than January 1, 1987.

           *       *       *       *       *       *       *

  [(8)] (10) The study of the river named in paragraph (106) of 
subsection (a) shall be completed not later than three years 
after the date of enactment of this paragraph. In carrying out 
the study, the Secretary of the Interior shall consult with the 
Governors of the States of Florida and Georgia or their 
representatives, representatives of affected local governments, 
and owners of land adjacent to the river. Such consultation 
shall include participation in the assessment of resource 
values and the development of alternatives for the protection 
of those resource values, and shall be carried out through 
public meetings and media notification. The study shall also 
include a recommendation on the part of the Secretary as to the 
role the States, local governments and landowners should play 
in the management of the river if it were designated as a 
component of the National Wild and Scenic Rivers System.

           *       *       *       *       *       *       *

  [(11)] (12)(A) The study of the White Clay Creek in Delaware 
and Pennsylvania shall be completed and the report submitted 
not later than 3 years after the date of enactment of this 
paragraph.
  (B) In carrying out the study, the Secretary of the Interior 
shall prepare a map of the White Clay Creek watershed in 
Delaware and Pennsylvania, and shall develop a recommended 
management plan for the White Clay Creek. The plan shall 
provide recommendations as to the protection and management of 
the White Clay Creek, including the role the State and local 
governments, and affected landowners, should play in the 
management of the White Clay Creek if it is designated as a 
component of the National Wild and Scenic Rivers System.
  (C) The Secretary shall prepare the study, including the 
recommended management plan, in cooperation and consultation 
with appropriate State and local governments, and affected 
landowners.
  [(11)] (13) The study of segments of the Brule, Carp, Little 
Manistee, White, Paint, Presque Isle, Ontonagon, Sturgeon 
(Hiawatha), Sturgeon (Ottawa), Whitefish, and Tahquamenon 
Rivers in Michigan under subsection (a) shall be completed by 
the Secretary of Agriculture and the report submitted thereon 
not later than at the end of the third fiscal year beginning 
after the date of enactment of this paragraph. For purposes of 
such river studies, the Secretary shall consult with each River 
Study Committee authorized under section 5 of the Michigan 
Scenic Rivers Act of 1990, and shall encourage public 
participation and involvement through hearings, workshops, and 
such other means as are necessary to be effective.
  [(11)] (14)(A) The study of the Delaware River segments and 
tributaries designated for potential addition to the National 
Wild and Scenic Rivers System pursuant to section 5(a)( ) of 
this Act shall be completed and the report submitted to 
Congress not later than one year after the date of enactment of 
this paragraph.
  (B) The Secretary shall--
          (i) prepare the study in cooperation and consultation 
        with appropriate Federal, State, regional, and local 
        agencies, including but not limited to, the 
        Pennsylvania Department of Environmental Resources, the 
        New Jersey Department of Environmental Protection and 
        Energy, the Delaware and Lehigh Navigation Canal 
        National Heritage Corridor Commission, and the Delaware 
        and Raritan Canal Commission; and
          (ii) consider previous plans for the protection of 
        affected cultural, recreational, and natural resources 
        (including water supply and water quality) and existing 
        State and local regulations, so as to avoid unnecessary 
        duplication.
  (C) Pursuant to section 11(b)(1) of this Act, the Secretary 
shall undertake a river conservation plan for the segment of 
the Delaware River from the northern city limits of Trenton, 
New Jersey, to the Southern boundary of Bucks County, 
Pennsylvania.
  [(  )] (15) The study of the Rio Grande in New Mexico shall 
be completed and the report submitted not later than 3 years 
after the date of enactment of this paragraph.
  [(  )] (16) The study of the Wekiva River and the tributaries 
designated in paragraph [( )] (136) of subsection (a) shall be 
completed and the report transmitted to Congress not later than 
two years after the date of the enactment of this paragraph.
  (17) Taunton River, Massachusetts.--Not later than 3 years 
after the date of enactment of this paragraph, the Secretary of 
the Interior--
                  (A) shall complete the study of the Taunton 
                River, Massachusetts; and
                  (B) shall submit to Congress a report 
                describing the results of the study.

           *       *       *       *       *       *       *


                                  
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