[Senate Report 110-355]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 787
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-355

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



 
                        TAUNTON RIVER LEGACY ACT

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 868]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 868) 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, 
reports favorably thereon with an amendment and recommends 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. 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:
          ``(171) 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 designated by section 
        3(a)(171) of the Wild and Scenic Rivers Act (as added by 
        section 1) 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 designated by 
section 3(a)(171) of the Wild and Scenic Rivers Act (as added by 
section 1), 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 designated by section 3(a)(171) of the Wild and Scenic Rivers 
Act (as added by section 1) 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 
        designated by section 3(a)(171) of the Wild and Scenic Rivers 
        Act (as added by section 1)), 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 designated by section 
                3(a)(171) of the Wild and Scenic Rivers Act (as added 
                by section 1), 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 designated by section 
                3(a)(171) of the Wild and Scenic Rivers Act (as added 
                by section 1), the Secretary may not acquire any parcel 
                of land by condemnation.

                                Purpose

    The purpose of S. 868 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

    The Taunton River is one of Massachusetts' and New 
England's most significant anadromous fish rivers. It supports 
the state's largest herring run. The Taunton system supports 
anadromous and catadromous fish species, including alewife, 
blueback herring, American eel, American shad, rainbow smelt, 
white perch, striped bass, and the endangered Atlantic 
sturgeon.
    Public Law 106-318 required the Secretary of the Interior 
to complete a study of the Taunton River to assess whether or 
not the river is suitable to be designated as a component of 
the Wild and Scenic River system.
    Between November 2004 and July 2005, the legislative bodies 
of all ten communities abutting the mainstem of the Taunton 
River voted to support the Wild and Scenic River designation.
    In June 2007, the National Park Service released a draft 
study entitled, ``Taunton Wild and Scenic River Study, Draft 
Report and Environmental Assessment.'' The draft study states 
that ``[a]ll 40 miles of the mainstem of the Taunton River have 
been found eligible for Wild and Scenic River designation based 
upon free-flowing condition and the presence of one or more 
outstandingly remarkable natural or cultural resource value. . 
. . Outstandingly remarkable values include fisheries; history 
and archaeology; ecology and biodiversity; and scenery and 
recreation.'' The Park Service expects to complete its final 
study in 2008.

                          Legislative History

    S. 868 was introduced by Senator Kennedy and Senator Kerry 
on March 13, 2007. The Subcommittee on National Parks held a 
hearing on S. 868 on September 11, 2007 (S. Hrg. 110-213). The 
Committee on Energy and Natural Resources ordered the bill 
favorably reported on May 7, 2008.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass S. 868, if amended as 
described herein.

                          Committee Amendment

    During its consideration of S. 868, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
requires that the river segments designated by section 1 be 
managed in accordance with the Taunton River Stewardship Plan, 
dated July 2005. In addition, the amendment authorizes the 
Secretary to enter into cooperative agreements with state and 
local government entities as well as nonprofit organizations to 
provide for the long-term protection of the river. Finally, the 
amendment states that the local ordinances shall be considered 
to satisfy each standard and requirement described in section 
6(c) of the Wild and Scenic Rivers Act.

                      Section-by-Section Analysis

    Section 1 amends section 3(a) of the Wild and Scenic Rivers 
Act to designate segments of the Taunton River as components of 
the National Wild and Scenic Rivers System.
    Section 2(a) requires that the segments designated by 
section 1 shall be managed in accordance with the Taunton River 
Stewardship Plan. This subsection also states that the Taunton 
River Stewardship Plan 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.
    Subsection (b) authorizes the Secretary of the Interior to 
enter into cooperative agreements with the Commonwealth of 
Massachusetts, the Taunton River Stewardship Council, and any 
appropriate nonprofit organization.
    Subsection (c) states that, notwithstanding section 10(c) 
of the Wild and Scenic Rivers Act, each segment designation by 
section 1 shall not be administered as a unit of the National 
Park System or subject to the laws that govern the 
administration of the National Park System.
    Paragraph (d)(1) states that the zoning ordinances adopted 
by local towns and cities in the vicinity of the Taunton River 
shall be considered to satisfy each standard and requirement 
described in section 6(c) of the Wild and Scenic Rivers Act.
    Paragraph (2) states that for the purpose of section 6(c) 
of the Wild and Scenic Rivers Act, each town described in 
paragraph (1) shall be considered to be a village.
    Paragraph (3) authorizes the Secretary, with respect to 
each river segment designated by section 1, to acquire parcels 
of land only by donation or with the consent of the owner. This 
paragraph also prohibits the Secretary from acquiring any land 
by condemnation.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

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 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 the towns of 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 S. 868 would not affect direct 
spending or revenues.
    S. 868 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.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                      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. 868. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
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 the 
enactment of S. 868, as ordered reported.

                   Congressionally Directed Spending

    S. 868, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the National Park Service at the 
September 11, 2007, subcommittee hearing on S. 868 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee today to discuss the views of the 
Department of the Interior on S. 868, a bill to amend the Wild 
and Scenic Rivers Act by designating a segment of the Taunton 
River as a component of the national wild and scenic rivers 
system.
    The Department is currently completing the study authorized 
by Public Law 106-318 to determine the eligibility and 
suitability of the Taunton River for inclusion in the national 
wild and scenic rivers system. The draft report and 
environmental assessment is currently out for public and agency 
comment, with the comment period scheduled to close on 
September 17, 2007. We request that the committee defer action 
on the bill until the study is complete. In addition, if this 
bill moves forward, we would like to work with the committee to 
make this bill consistent with other wild and scenic river 
designation bills that have been enacted by Congress.
    S. 868 would designate the entire 40-mile main stem of the 
Taunton River as a component of the national wild and scenic 
rivers system. This corresponds to ``Alternative B: Full 
Designation'' as described in the draft report, and is 
identified in the draft as the environmentally preferred 
alternative because it is the alternative that, by virtue of 
its inclusion of the entire main stem in the designation, 
provides the highest degree of protection. The draft study does 
not include an agency preferred alternative. The 
environmentally preferred alternative is supported by the town 
meeting and city council votes of all ten communities abutting 
the Taunton River, as documented in the draft report and the 
companion document developed during the study, the Taunton 
River Stewardship Plan, dated July 2005.
    The draft report concludes that the Taunton River meets the 
eligibility requirements of the Wild and Scenic Rivers Act by 
virtue of its free-flowing condition and presence of one or 
more outstandingly remarkable resource values. The 40-mile 
Taunton River is the longest undammed coastal river in New 
England. This unique character, including the lack of a head-
of-tide dam, is directly related to outstandingly remarkable 
values identified during the study, including fish, ecology and 
biological diversity, and recreation. As such, the Taunton 
River represents a natural fit with Wild and Scenic River Act 
purposes of recognizing and protecting special free-flowing 
rivers and the values they support.
    The Taunton River is recognized as the most significant 
river in Massachusetts for anadromous fish species, including 
alewife, blueback herring, American shad, hickory shad, gizzard 
shad and rainbow smelt, a direct result of the free-flowing 
character of the river which allows these and other species 
unfettered access to spawning tributaries. Similarly, the 
broader ecology of the river is unusually diverse and intact, 
supporting 31 distinct wildlife habitats, globally rare plant 
species, regionally significant freshwater and brackish tidal 
marshes, and many rare species of birds and amphibians. A 
Nature Conservancy study has concluded that the Taunton River 
represents one of the most unique, diverse, and intact 
ecosystems in the North Atlantic Ecoregion, from Delaware to 
Maine. Recreationally, the 40-mile Taunton River offers 
outstanding flatwater paddling, and, in the lower river, 
additional opportunities for broader recreational uses 
including power boating and sailing.
    The study authorized by Public Law 106-318 has been 
conducted in partnership with the local communities of the 
Taunton River, the Commonwealth of Massachusetts, and other 
local river interests based upon the partnership wild and 
scenic river model. This model recognizes and anticipates a 
limited federal role stemming from the lack of federal land 
ownership. Successful planning and management under these 
circumstances requires the fundamental support and involvement 
of state and local interests. This common basis of support and 
involvement for the Taunton River is outlined in the Taunton 
River Stewardship Plan (July, 2005). This plan and the strong 
support it has received through the extensive public 
involvement of the study, is the principal basis for the draft 
report's conclusion that the Taunton River can be effectively 
managed and protected as a component of the national wild and 
scenic rivers system, and thereby meets the criteria for wild 
and scenic river suitability. The management scheme proposed in 
the stewardship plan is similar to ones that have proven 
effective on other partnership wild and scenic rivers, 
including the Sudbury, Concord, and Assabet Rivers also in 
Massachusetts.
    It is important to point out that the draft report is out 
for public review and comment. Once the study is complete, the 
Secretary is required by law to submit to the President a 
report on the suitability or nonsuitability of the river for 
addition to the national wild and scenic rivers system. The 
President is then required to report to the Congress his 
recommendations and proposals with respect to the designation 
of the studied river. If the President recommends that this 
river be included in the system, we would like to work with the 
committee on several amendments to the bill to clarify the 
management scheme for the river and to conform to established 
legislative models. It would be particularly important in this 
regard to consider the Taunton River Stewardship Plan as the 
basis for management of the designated wild and scenic river 
segment.
    Mr. Chairman, this concludes my prepared remarks, and I 
would be happy to answer any questions you or other committee 
members may have regarding this bill.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 868 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):

                       WILD AND SCENIC RIVERS ACT


             (Public Law 90-542; Approved October 2, 1968)


  AN ACT To provide a National Wild and Scenic Rivers System, and for 
                             other purposes

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
this Act may be cited as 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:

           *       *       *       *       *       *       *

          (171) 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.

           *       *       *       *       *       *       *


                                  
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