[House Report 112-370]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-370

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



 
              YORK RIVER WILD AND SCENIC RIVER STUDY ACT 
                                OF 2011

                                _______
                                

January 18, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2336]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2336) to amend the Wild and Scenic Rivers Act to 
designate segments of the York River and associated tributaries 
for study for potential inclusion in 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. SHORT TITLE.

  This Act may be cited as the ``York River Wild and Scenic River Study 
Act of 2011''.

SEC. 2. DESIGNATION FOR STUDY.

  Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is 
amended by adding at the end the following:
          ``(_) York river, maine.--(A) The York River that flows 11.25 
        miles from its headwaters at York Pond to the mouth of the 
        river at York Harbor, and all associated tributaries.
          ``(B) The study conducted under this paragraph shall--
                  ``(i) determine the effect of the designation on--
                          ``(I) existing commercial and recreational 
                        activities, such as hunting, fishing, trapping, 
                        recreational shooting, motor boat use, bridge 
                        construction;
                          ``(II) the authorization, construction, 
                        operation, maintenance, or improvement of 
                        energy production and transmission 
                        infrastructure; and
                          ``(III) the authority of State and local 
                        governments to manage those activities; and
                  ``(ii) identify--
                          ``(I) all authorities that will authorize or 
                        require the Secretary to influence local land 
                        use decisions (such as zoning) or place 
                        restrictions on non-Federal land if designated 
                        under this Act;
                          ``(II) all authorities that the Secretary may 
                        use to condemn property; and
                          ``(III) all private property located in the 
                        area studied under this paragraph.''.

SEC. 3. STUDY AND REPORT.

  Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is 
amended by adding at the end the following:
          ``(_) York river, maine.--The study of the York River, Maine, 
        named in paragraph (__) of subsection (a) shall be completed by 
        the Secretary of the Interior and the report thereon submitted 
        to Congress not later than 3 years after the date on which 
        funds are made available to carry out this paragraph.''.

                          Purpose of the Bill

    The purpose of H.R. 2336, as ordered reported, is to amend 
the Wild and Scenic Rivers Act to designate segments of the 
York River and associated tributaries for study for potential 
inclusion in the National Wild and Scenic Rivers System.

                  Background and Need for Legislation

    H.R. 2336 authorizes the National Park Service (NPS) to 
study 11.25 miles of the York River, in the State of Maine, 
from its headwaters at York Pond to the mouth of the river at 
York Harbor plus its tributaries. The Wild and Scenic Rivers 
Act of 1968 intended to put a development freeze on rivers to 
preserve their ``free-flowing'' values against the influx of 
man-made dams being constructed at the time. Temporary 
restrictions on actions involving federal participation 
accompany the designation of a river during the study period.
    Although no risks to the York River necessitating federal 
designation were identified, proponents of the study explained 
that they would benefit from the expertise of NPS and the 
interaction with the community and students.
    Typically, rivers that may be included into the Wild and 
Scenic Rivers program operated by NPS are first studied for 
their suitability. The river is evaluated on its ``free-
flowing'' condition and classified as wild, scenic or 
recreational, depending on the amount of development on and 
near the river.
    During markup, the Natural Resources Committee adopted an 
amendment offered by Congressman Rob Bishop (R-UT) to add 
several requirements to the study that will be undertaken by 
the NPS. NPS is required to consider the effect of designation 
on commercial and recreational uses, such as hunting, fishing 
and boating. Also, the study must look at the impact on 
construction and maintenance of energy production and 
transmission. Finally, the amendment requires that the study 
identify private property within the study area and identify 
all authorities that could be utilized to condemn land.
    Concerns have been raised that the Wild and Scenic Rivers 
Act contains several authorities allowing the condemnation of 
private property. As Wild and Scenic Rivers are purported to be 
locally driven projects, the Committee sees no reason why 
property owners should be left in the dark regarding the 
inclusion of their property in a federal designation. For the 
study process to be authentically derived from the community, 
the facts and limitations on property rights that may result 
from a designation must be revealed.
    Finally, the study will identify those authorities that 
compel NPS to involve itself in local zoning. While federal 
designation of the York River may be appealing to some, the 
community should be aware that the Wild and Scenic Rivers Act 
requires local zoning to conform to the dictates of the Act. 
Representatives of the federal government would have a role in 
the development of local zoning ordinances. It should be noted 
that the study not only includes the York River, but 
tributaries as well. The size scope of the resulting 
designation could be well beyond what is currently anticipated 
in the impacted towns.

                            Committee Action

    H.R. 2336 was introduced on June 23, 2011, by Congresswoman 
Chellie Pingree (D-ME). 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 
September 15, 2011, the Subcommittee held a hearing on the 
bill. On November 17, 2011, the Natural Resources Committee met 
to consider the bill. The Subcommittee on National Parks, 
Forests and Public Lands was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered an en bloc amendment 
designated .044 to the bill; the amendment was adopted by 
unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            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.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 2336--York River Wild and Scenic River Study Act of 2011

    H.R. 2336 would require the National Park Service (NPS) to 
study a segment of the York River in southwest Maine for 
potential addition to the Wild and Scenic Rivers System. Based 
on information provided by the NPS, CBO estimates that 
implementing the legislation would cost less than $250,000 over 
the next three years, assuming availability of appropriated 
funds. Enacting H.R. 2336 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 2336 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 Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information provided by 
the National Park Service, CBO estimates that implementing the 
legislation would cost less than $250,000 over the next three 
years, assuming availability of appropriated funds.
    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, as ordered reported, is to amend the 
Wild and Scenic Rivers Act to designate segments of the York 
River and associated tributaries for study for potential 
inclusion in the National Wild and Scenic Rivers System.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    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 (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. 5. (a) The following rivers are hereby designated for 
potential addition to the national wild and scenic rivers 
system:
          (1) * * *

           *       *       *       *       *       *       *

          (_) York river, maine.--(A) The York River that flows 
        11.25 miles from its headwaters at York Pond to the 
        mouth of the river at York Harbor, and all associated 
        tributaries.
          (B) The study conducted under this paragraph shall--
                  (i) determine the effect of the designation 
                on--
                          (I) existing commercial and 
                        recreational activities, such as 
                        hunting, fishing, trapping, 
                        recreational shooting, motor boat use, 
                        bridge construction;
                          (II) the authorization, construction, 
                        operation, maintenance, or improvement 
                        of energy production and transmission 
                        infrastructure; and
                          (III) the authority of State and 
                        local governments to manage those 
                        activities; and
                  (ii) identify--
                          (I) all authorities that will 
                        authorize or require the Secretary to 
                        influence local land use decisions 
                        (such as zoning) or place restrictions 
                        on non-Federal land if designated under 
                        this Act;
                          (II) all authorities that the 
                        Secretary may use to condemn property; 
                        and
                          (III) all private property located in 
                        the area studied under this paragraph.

           *       *       *       *       *       *       *

  (b)(1) * * *

           *       *       *       *       *       *       *

          (_) York river, maine.--The study of the York River, 
        Maine, named in paragraph (__) of subsection (a) shall 
        be completed by the Secretary of the Interior and the 
        report thereon submitted to Congress not later than 3 
        years after the date on which funds are made available 
        to carry out this paragraph.

           *       *       *       *       *       *       *


                                  
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