[Senate Report 106-209]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 365
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-209

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



 
         TAUNTON RIVER WILD AND SCENIC RIVER STUDY ACT OF 1999

                                _______
                                

                November 2, 1999.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1569]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1569) 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, reports favorably thereon 
with amendments and recommends that the bill, as amended, do 
pass.
    The amendments are as follows:
    1. On page 2, between lines 14 and 15, insert the 
following:

``SEC. 3. DESIGNATION FOR STUDY.''

    Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
1276a)) 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.''.
    2. On page 2, strike line 15 and insert the following:

``SEC. 4. STUDY AND REPORT.''

    3. On page 3, strike line 13 and insert the following:

``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.''

                         Purpose of the Measure

    The purpose of S. 1569, as ordered reported, is to 
authorize the Secretary of the Interior to study the Taunton 
River in the Commonwealth of Massachusetts for potential 
addition to the National Wild and Scenic Rivers System.

                          Background and Need

    The Taunton River is located in southeastern Massachusetts 
about 30 miles south of Boston. Much of the river corridor is 
forested or in agricultural use. Residential development is 
sparse along the river with the exception of the section in the 
city of Taunton. There are no dams or major diversions along 
its 40-mile length. The Nemasket River is a major tributary and 
it too does not contain development along its length, except in 
downtown Middleboro, Massachusetts.
    The watershed for the Taunton River encompasses about 530 
square miles, the second largest in Massachusetts. The river is 
home to more than 100 species of birds, including the American 
bald eagle. Also, about 30 species of native fish, including 
the brown trout and rare Atlantic sturgeon, can be found in 
waters of the lower Taunton.
    The Taunton River Stewardship Program was formed in 1996 to 
promote the preservation of riverfront land along the river and 
its tributaries. This program involves riverfront landowners, 
local citizens, businesses, community planners, elected 
officials and others. The Southeastern Regional Planning and 
Economic Development District, Wildlands Trust of Southeastern 
Massachusetts and the Taunton River Watershed Alliance have 
been key players in efforts to preserve the open spaces near 
the river.

                          Legislative History

    S. 1569 was introduced by Senators Kerry and Kennedy on 
September 8, 1999. The subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on S. 1569 on 
October 13, 1999.
    At its business meeting on October 20, 1999, the Committee 
on Energy and Natural Resources ordered S. 1569, favorably 
reported, as amended.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on October 20, 1999, by a unanimous voice vote 
of a quorum present, recommends that the Senate pass S. 1569, 
if amended as described herein.

                          Committee Amendments

    During its consideration of S. 1569, the Committee adopted 
an amendment clarifying the segment of the Taunton River to be 
studied as well as two technical amendments.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title as the 
``Taunton River Wild and Scenic River Study Act of 1999''.
    Section 2 contains congressional findings that the Taunton 
River contains important natural, historic and cultural 
resources; that there is strong support from State and local 
officials and area residents for a study; and that there is 
longstanding interest among State and local officials, area 
residents and river users for a cooperative effort to manage 
the river.
    Section 3 amends section 5(a) of the Wild and Scenic Rivers 
Act (authorizing studies) to make conforming changes and to add 
a paragraph for the segment of the Taunton River to be studied.
    Section 4 amends section 5(b) of the Wild and Scenic Rivers 
Act to make conforming changes and require the Secretary of the 
Interior to complete a study within 3 years after the enactment 
of this paragraph. A report must be submitted to Congress 
describing the results of the study.
    Section 5 authorizes the appropriation of such funds 
necessary to carry out this Act.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      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. 1569. The bill is not a regulatory measure in 
the sense of imposing Government-established standards of 
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. 1569, as ordered reported.

                        Executive Communications

    The legislative report received by the Committee from the 
Department of the Interior setting forth the Executive agency 
recommendation relating to S. 1569, is set forth below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                  Washington, DC, October 15, 1999.
Hon. Frank Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter responds to your request for 
views on S. 1569, a bill to amend the Wild and Scenic Rivers 
Act by designating the Taunton River for study and potential 
addition to the Wild and Scenic Rivers System.
    The Department supports enactment of this bill, but 
recommends a technical amendment that adds a description of the 
river segment to be studied.
    The Taunton River is located in southeastern Massachusetts 
in Plymouth and Bristol counties. The Taunton and its 
tributaries form the second largest watershed in the 
Commonwealth of Massachusetts. A broad coastal river, the 
Taunton was too flat and shallow for 19th-century mill 
development, or for use by motorized pleasure boats today. 
Despite its proximity to Boston and Providence, it has quietly 
pursued its 45-mile course, undisturbed by any threat of 
development. The river and its tributaries contain extensive 
wetlands and meander through highly varied and intact habitats. 
Several state-listed species of freshwater mussel are found in 
the river, and it provides ample recreational opportunities for 
canoeists. While it is not on the Nationwide Rivers Inventory, 
the Department believes that the Taunton River's relatively 
pristine condition and its natural and recreational resources 
warrant its consideration for study as an addition to the 
National Wild and Scenic Rivers System.
    At the request of local advocates, the National Park 
Service through its Rivers, Trails and Conservation Assistance 
Program has been working with area residents since 1997 on the 
preparation of a comprehensive natural resources assessment for 
the Taunton River. There appears to be strong support for 
protecting the river system, as evidenced by the variety of 
state and municipal agencies and officials that have 
participated in this effort. In addition, area residents 
submitted a request last year nominating the Taunton River as 
an American Heritage River. While American Heritage River 
designation does not in and of itself provide any legal 
protections for the river, the process of applying for that 
designation shows an interest on the part of the Taunton 
River's advocates for its recognition and protection. While 
that request was not fulfilled, local interest in protecting 
the river has not subsided.
    A study of a river to determine if it meets the criteria 
for designation of a wild and scenic river is the necessary 
first step to designating a river or a portion of a river as a 
unit of the National Wild and Scenic Rivers System. The 
Department believes that the Taunton River should be studied 
and evaluated. A study of the river from the confluence of the 
Town River and Matfield River in Bridgewater to the confluence 
of the Taunton with the Forge River in Raynham, Massachusetts, 
is warranted and has strong local support. The Department 
believes that a study of this river offers the NPS an 
opportunity to provide assistance in the cooperative 
development of a river management plan that relies on state and 
local conservation measures to protect the river and its 
resources. Such assistance would be contingent on available 
funding and NPS priorities.
    The Department, however, does recommend that the bill be 
amended to define the river segment to be studied.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                   Donald J. Barry,
                           Assistant Secretary for Fish and
                                                Wildlife and Parks.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing rules of the Senate, changes in existing law by S. 
1569, 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)

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    Sec. 5. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:

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    (135) Rio Grande, New Mexico.--The segment from the west 
section line of Section 15, Township 23 North, Range 10 East, 
downstream approximately 8 miles to the southern line of the 
northwest quarter of Section 34, Township 23 North, Range 9 
East.
    [( ) \1\](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.

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    (9) The study of the Pemigewasset River, New Hampshire, 
shall be completed and the report thereon submitted not later 
than three years after the date of enactment of this paragraph.
    [(8) \2\](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) \3\ The study of the Lamprey River, New Hampshire, 
shall be completed by the Secretary of the Interior and the 
report thereon submitted not later than 3 years after the date 
of enactment of this paragraph
    [(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.
    [(  ) \1\] (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 (  ) of subsection (a) \2\ 
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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