[House Report 110-735]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-735

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

 
 TO AMEND THE WILD AND SCENIC RIVERS ACT TO DESIGNATE SEGMENTS OF THE 
 TAUNTON RIVER IN THE COMMONWEALTH OF MASSACHUSETTS AS A COMPONENT OF 
               THE NATIONAL WILD AND SCENIC RIVERS SYSTEM

                                _______
                                

  July 8, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 415]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 415) to amend the Wild and Scenic Rivers Act to 
designate segments of the Taunton River in the Commonwealth of 
Massachusetts as a component of the National Wild and Scenic 
Rivers System, 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 all after the enacting clause and insert the 
following:

SECTION 1. DESIGNATION OF TAUNTON RIVER, MASSACHUSETTS.

  Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended by adding at the end the following:
          ``(__) Taunton river, massachusetts.--The main stem of the 
        Taunton River from its headwaters at the confluence of the Town 
        and Matfield Rivers in the Town of Bridgewater downstream 40 
        miles to the confluence with the Quequechan River at the Route 
        195 Bridge in the City of Fall River, to be administered by the 
        Secretary of the Interior in cooperation with the Taunton River 
        Stewardship Council as follows:
                  ``(A) The 18-mile segment from the confluence of the 
                Town and Matfield Rivers to Route 24 in the Town of 
                Raynham, as a scenic river.
                  ``(B) The 5-mile segment from Route 24 to 0.5 miles 
                below Weir Bridge in the City of Taunton, as a 
                recreational river.
                  ``(C) The 8-mile segment from 0.5 miles below Weir 
                Bridge to Muddy Cove in the Town of Dighton, as a 
                scenic river.
                  ``(D) The 9-mile segment from Muddy Cove to the 
                confluence with the Quequechan River at the Route 195 
                Bridge in the City of Fall River, as a recreational 
                river.''.

SEC. 2. MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS.

  (a) Taunton River Stewardship Plan.--
          (1) In general.--Each river segment added to section 3(a) of 
        the Wild and Scenic Rivers Act by section 1 of this Act shall 
        be managed in accordance with the Taunton River Stewardship 
        Plan, dated July 2005 (including any amendment to the Taunton 
        River Stewardship Plan that the Secretary of the Interior 
        (referred to in this section as the ``Secretary'') determines 
        to be consistent with this Act).
          (2) Effect.--The Taunton River Stewardship Plan described in 
        paragraph (1) shall be considered to satisfy each requirement 
        relating to the comprehensive management plan required under 
        section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1274(d)).
  (b) Cooperative Agreements.--To provide for the long-term protection, 
preservation, and enhancement of each river segment added to section 
3(a) of the Wild and Scenic Rivers Act by section 1 of this Act, 
pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter into 
cooperative agreements (which may include provisions for financial and 
other assistance) with--
          (1) the Commonwealth of Massachusetts (including political 
        subdivisions of the Commonwealth of Massachusetts);
          (2) the Taunton River Stewardship Council; and
          (3) any appropriate nonprofit organization, as determined by 
        the Secretary.
  (c) Relation to National Park System.--Notwithstanding section 10(c) 
of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river 
segment added to section 3(a) of the Wild and Scenic Rivers Act by 
section 1 of this Act shall not be--
          (1) administered as a unit of the National Park System; or
          (2) subject to the laws (including regulations) that govern 
        the administration of the National Park System.
  (d) Land Management.--
          (1) Zoning ordinances.--The zoning ordinances adopted by the 
        Towns of Bridgewater, Halifax, Middleborough, Raynham, Berkley, 
        Dighton, Freetown, and Somerset, and the Cities of Taunton and 
        Fall River, Massachusetts (including any provision of the 
        zoning ordinances relating to the conservation of floodplains, 
        wetlands, and watercourses associated with any river segment 
        added to section 3(a) of the Wild and Scenic Rivers Act by 
        section 1 of this Act), shall be considered to satisfy each 
        standard and requirement described in section 6(c) of the Wild 
        and Scenic Rivers Act (16 U.S.C. 1277(c)).
          (2) Villages.--For the purpose of section 6(c) of the Wild 
        and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described 
        in paragraph (1) shall be considered to be a village.
          (3) Acquisition of land.--
                  (A) Limitation of authority of secretary.--With 
                respect to each river segment added to section 3(a) of 
                the Wild and Scenic Rivers Act by section 1 of this 
                Act, the Secretary may only acquire parcels of land--
                          (i) by donation; or
                          (ii) with the consent of the owner of the 
                        parcel of land.
                  (B) Prohibition relating to acquisition of land by 
                condemnation.--In accordance with section 6(c) of the 
                Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with 
                respect to each river segment added to section 3(a) of 
                the Wild and Scenic Rivers Act by section 1 of this 
                Act, the Secretary may not acquire any parcel of land 
                by condemnation.

                          Purpose of the Bill

    The purpose of H.R. 415 is to amend the Wild and Scenic 
Rivers Act to designate segments of the Taunton River in the 
Commonwealth of Massachusetts as a component of the National 
Wild and Scenic Rivers System.

                  Background and Need for Legislation

    The 106th Congress authorized a study of a roughly 30-mile 
segment of the Taunton River in southeastern Massachusetts 
(Public Law 106-318) to determine whether the river is eligible 
for designation under the Wild and Scenic Rivers Act (16 U.S.C. 
1271 et seq.). In response to local petitions, and a request 
from three Members of the Massachusetts Congressional 
Delegation, the study was later expanded to include a roughly 
ten-mile section of the Lower Taunton River.
    The National Park Service released a draft report in June 
2007, finding that the river is eligible and identifying 
designation of the entire 40-mile segment as the 
environmentally preferred alternative.
    H.R. 415 amends section 3(a) of the Wild and Scenic Rivers 
Act to add the Taunton River to the list of rivers designated 
under the Act. Specifically, the bill would designate ``the 
segment downstream from the headwaters, from the confluence of 
the Town River and the Matfield River in Bridgewater, to the 
Mount Hope Bay in the city of Fall River, Massachusetts.''
    In 2005, the Federal Energy Regulatory Commission gave 
preliminary approval to Weaver's Cove Energy, a subsidiary of 
the Hess Corporation, to construct a liquefied natural gas 
(LNG) terminal in Fall River on the bank of the Taunton River. 
However, the United States Coast Guard recently found that the 
segment of the Taunton near the proposed terminal would be too 
difficult for LNG tankers to navigate and determined that the 
river was unsuitable for an LNG terminal. That finding has been 
upheld on appeal. So, while designation of the Taunton under 
the Wild and Scenic Rivers Act would likely prohibit the 
terminal project from receiving a federal license or 
assistance, this issue is mooted by the Coast Guard's ruling.

                            Committee Action

    H.R. 415 was introduced on January 11, 2007 by 
Representative Barney Frank (D-MA). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests, and Public Lands. 
On October 30, 2007, the Subcommittee held a hearing on H.R. 
415.
    On June 25, 2008, the Subcommittee was discharged from 
further consideration of the legislation and the Full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Raul Grijalva (D-AZ) offered an amendment in the 
nature of a substitute. Subcommittee Ranking Member Rob Bishop 
(R-UT) offered five amendments en bloc dealing with property 
rights to the substitute. The Bishop en bloc amendments were 
not agreed to by voice vote. The Grijalva substitute was then 
agreed to by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

                      Section-by-Section Analysis


Section 1. Designation of Taunton River, Massachusetts

    Section 1 amends section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) to add the Taunton River. Twenty-six 
miles of the river are designated as ``scenic,'' while fourteen 
miles are designated as ``recreational.''

Section 2. Management of the Taunton River, Massachusetts

    Section 2(a) specifies that the river shall be managed in 
accordance with the Taunton River Stewardship Plan. Section 
2(b) authorizes the Secretary of the Interior to enter into 
cooperative agreements with the State, the Taunton River 
Stewardship Council and appropriate non-profit organizations to 
``provide for the long-term protection, preservation, and 
enhancement'' of the river. Section 2(c) specifies that the 
Taunton will not be managed as a unit of the National Park 
System. Finally, section 2(d) makes clear that local zoning 
ordinances in place along the river are sufficient to prohibit 
any condemnation authority under the Wild and Scenic Rivers 
Act. The section then goes on to specifically prohibit 
condemnation.

            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 Natural 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. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Wild and Scenic Rivers 
Act to designate segments of the Taunton River in the 
Commonwealth of Massachusetts as a component of the National 
Wild and Scenic Rivers System.
    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:

H.R. 415--A bill to amend the Wild and Scenic Rivers Act to designate 
        segments of the Taunton River in the commonwealth of 
        Massachusetts as a component of the National Wild and Scenic 
        Rivers System

    H.R. 415 would designate four segments of the Taunton River 
in Massachusetts as scenic or recreational rivers under the 
Wild and Scenic Rivers Act. The bill would authorize the 
Secretary of the Interior to execute cooperative agreements 
with Massachusetts and local nonprofit organizations to manage 
the newly designated segments, which encompass about 40 miles 
of the river between Bridgewater and Fall River. Based on 
information provided by the National Park Service and assuming 
the availability of appropriated funds, CBO estimates that the 
agency would spend about $150,000 a year to manage the 
designated areas. Enacting H.R. 415 would not affect direct 
spending or revenues.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On May 16, 2008, CBO transmitted a cost estimate for S. 
868, a bill to amend the Wild and Scenic Rivers Act to 
designate segments of the Taunton River in the commonwealth of 
Massachusetts as a component of the National Wild and Scenic 
Rivers System. S. 868 was ordered reported by the Senate 
Committee on Energy and Natural Resources on May 7, 2008. The 
two versions of the legislation are very similar, and the CBO 
cost estimates are the same.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 415 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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 (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

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) * * *

           *       *       *       *       *       *       *

  (__) Taunton river, massachusetts.--The main stem of the 
Taunton River from its headwaters at the confluence of the Town 
and Matfield Rivers in the Town of Bridgewater downstream 40 
miles to the confluence with the Quequechan River at the Route 
195 Bridge in the City of Fall River, to be administered by the 
Secretary of the Interior in cooperation with the Taunton River 
Stewardship Council as follows:
          (A) The 18-mile segment from the confluence of the 
        Town and Matfield Rivers to Route 24 in the Town of 
        Raynham, as a scenic river.
          (B) The 5-mile segment from Route 24 to 0.5 miles 
        below Weir Bridge in the City of Taunton, as a 
        recreational river.
          (C) The 8-mile segment from 0.5 miles below Weir 
        Bridge to Muddy Cove in the Town of Dighton, as a 
        scenic river.
          (D) The 9-mile segment from Muddy Cove to the 
        confluence with the Quequechan River at the Route 195 
        Bridge in the City of Fall River, as a recreational 
        river.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 415 is a shameful abuse of the Wild and Scenic Rivers 
Act. We recognize that the Commonwealth of Massachusetts does 
not have the same understanding of property rights as do States 
in the West, and we also recognize its right to place itself 
under additional regulatory burdens. However, we must oppose 
this bill because it exacerbates the energy crisis at a time 
when we should be expanding our ability to provide clean, 
reliable sources of fuel.
    Many Members of Congress may not be aware of the unique 
nature of the Taunton River. While the upper segment of the 
River has some of the characteristics you may attribute to a 
``wild'' or ``scenic'' river, the lower portion is highly 
industrialized. In fact, the National Park Service stated this 
would be the ``most industrialized'' Wild and Scenic River 
ever. What beautiful scenery should one expect to find on a 
canoe trip down the Lower Taunton? Among other sights, you will 
see power plants, oil refineries, vessel repair docks, 
shipyards, dilapidated bridges, a battleship museum, yacht 
clubs, a designated port area, street lights, a hair salon, and 
even a McDonald's.
    So why is this area targeted for designation? Proponents of 
the designation know that a designation under the Wild and 
Scenic Rivers Act will stop the planned liquefied natural gas 
terminal at Weaver's Cove. Natural gas is a clean-burning 
source of energy that is desperately needed as our crisis 
continues to deepen. As previously stated, New England can do 
whatever damage it sees fit to itself (although come February, 
this source of home heating would be most welcome), but to 
punish the rest of the country by eliminating yet another 
source of energy is unacceptable.
    So how did it come to pass that this lower, ``rustic'' 
segment of the Taunton River was found eligible for 
designation? It appears the National Park Service and local 
environmental zealots found a loophole. This portion of the 
River is being designated for its ``recreational values.'' The 
only requirement for this designation is that the river be 
``free-flowing.'' In other words, if gravity is pulling the 
water, it is free-flowing and therefore can be protected under 
the Wild and Scenic Rivers Act.
    When the Park Service studied the Taunton River, it came up 
with several alternatives. One alternative would have 
designated most of the River, but left the inappropriate areas 
out. The alternative included in this bill is known as the 
``environmentally preferred alternative.'' During the 
Subcommittee on National Parks, Forests and Public Lands' 
hearing on this bill, Subcommittee Ranking Republican Rob 
Bishop asked the Park Service official who wrote the report 
what ``environmentally preferred alternative'' means. His 
response surprised Congressman Bishop to the point where he had 
to ask him to repeat it. The Park Service witness stated that 
the environmentally preferred alternative ``is what the river 
would choose if it could speak.'' We know that we have Members 
of the Natural Resources Committee who can speak for Polar 
Bears, but now we have a government agency interpreting the 
will of a river. This bill goes beyond the ridiculous.
    In the Natural Resources Committee markup, amendments were 
offered that would have allowed the Park Service to impose its 
federal zoning regulations in accordance with the will of the 
people of the Commonwealth but would have excluded the areas 
that have no business being described as ``wild'' or 
``scenic.'' Unfortunately, these and other private property 
protections were flatly refused by the Democrats.
    It is our hope that a thorough debate under an open rule on 
the House Floor will provide Members the opportunity to 
reinstate some logical evaluation of this designation by 
protecting property rights and access to clean, affordable 
energy.
    In the meantime, we strongly oppose this bill, as should 
every American concerned about the high cost of energy in this 
country.

                                   Don Young.
                                   Rob Bishop.

                                  
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