[House Report 112-603]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-603

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



 
                WOOD-PAWCATUCK WATERSHED PROTECTION ACT

                                _______
                                

 July 17, 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. 3388]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3388) to amend the Wild and Scenic Rivers Act to 
designate a segment of the Beaver, Chipuxet, Queen, Wood, and 
Pawcatuck Rivers in the States of Connecticut and Rhode Island 
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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Wood-Pawcatuck Watershed Protection 
Act''.

SEC. 2. BEAVER, CHIPUXET, QUEEN, WOOD, AND PAWCATUCK RIVERS STUDY.

  (a) 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:
          ``(__) Beaver, chipuxet, queen, wood, and pawcatuck rivers, 
        rhode island and connecticut.--The approximately 10-mile 
        segment of the Beaver River from its headwaters in Exeter, 
        Rhode Island, to its confluence with the Pawcatuck River; the 
        approximately 5-mile segment of the Chipuxet River from Hundred 
        Acre Pond to its outlet into Worden Pond; the approximately 10-
        mile segment of the upper Queen River from its headwaters to 
        the Usquepaugh Dam in South Kingstown, Rhode Island, and 
        including all its tributaries; the approximately 5-mile segment 
        of the lower Queen (Usquepaugh) River from the Usquepaugh Dam 
        to its confluence with the Pawcatuck River; the approximately 
        11-mile segment of the upper Wood River from its headwaters to 
        Skunk Hill Road in Richmond and Hopkinton, Rhode Island, and 
        including all its tributaries; the approximately 10-mile 
        segment of the lower Wood River from Skunk Hill Road to its 
        confluence with the Pawcatuck River; the approximately 28-mile 
        segment of the Pawcatuck River from Worden Pond to Nooseneck 
        Hill Road (RI Rte 3) in Hopkinton and Westerly, Rhode Island; 
        and the approximately 7-mile segment of the lower Pawcatuck 
        River from Nooseneck Hill Road to Pawcatuck Rock, Stonington, 
        Connecticut, and Westerly, Rhode Island.''.
  (b) 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:
          ``(__) Beaver, chipuxet, queen, wood, and pawcatuck rivers, 
        rhode island and connecticut.--Not later than 3 years after the 
        date on which funds are made available to carry out this 
        paragraph, the Secretary of the Interior shall--
                  ``(A) complete the study of the Beaver, Chipuxet, 
                Queen, Wood, and Pawcatuck Rivers, Rhode Island and 
                Connecticut, described in subsection (a)(__);
                  ``(B) submit a report describing the results of that 
                study to the appropriate committees of Congress;
                  ``(C) include in the report under subparagraph (B) 
                the effect of the designation under this Act on--
                          ``(i) existing commercial and recreational 
                        activities, such as hunting, fishing, trapping, 
                        recreational shooting, motor boat use, or 
                        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 
                        encompassed in clauses (i) and (ii); and
                  ``(D) 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 the area 
                        studied is designated under this Act;
                          ``(ii) all authorities that the Secretary may 
                        use to condemn property if the area studied is 
                        designated under this Act; and
                          ``(iii) all private property located in the 
                        area studied under this provision.''.

                          Purpose of the Bill

    The purpose of H.R. 3388, as ordered reported, is to amend 
the Wild and Scenic Rivers Act to designate a segment of the 
Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the 
States of Connecticut and Rhode Island for study for potential 
addition to the National Wild and Scenic Rivers System.

                  Background and Need for Legislation

    H.R. 3388 authorizes the National Park Service (NPS) to 
study 86 miles of the Beaver, Chipuxet, Queen, Wood, and 
Pawcatuck Rivers in the States of Connecticut and Rhode Island 
for potential addition to the National Wild and Scenic Rivers 
System.
    The Wild and Scenic Rivers Act of 1968 was 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. Typically, rivers that may be included 
in 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. According to testimony offered in Subcommittee, 
the low-water volume and low gradient make any type of 
hydropower projects economically unfeasible on the river 
segments proposed for study.
    During Full Committee consideration of the bill, the 
committee adopted an amendment offered by Congressman Rob 
Bishop (R-UT) to add several requirements to the study that 
will be undertaken by NPS. NPS will be 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 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 these rivers may be appealing to some, the 
affected communities 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 Beaver, Chipuxet, 
Queen, Wood, and Pawcatuck Rivers, but tributaries to these 
rivers as well. The size and scope of the resulting designation 
could be well beyond what is currently anticipated in the 
impacted towns.

                            Committee Action

    H.R. 3388 was introduced on November 4, 2011, by 
Congressman James Langevin (D-RI). 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 
April 17, 2012, the Subcommittee held a hearing on the bill. On 
June 7, 2012, the Full 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 amendment designated #1 to the bill; the 
amendment was adopted by unanimous consent. The bill, as 
amended, was then adopted and 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. 3388--Wood-Pawcatuck Watershed Protection Act

    H.R. 3388 would require the National Park Service (NPS) to 
study segments of the Beaver, Chipuxet, Queen, Wood, and 
Pawcatuck Rivers in Rhode Island and Connecticut for potential 
additions to the National Wild and Scenic Rivers System. Based 
on information provided by the NPS, CBO estimates that 
implementing the legislation would cost about $400,000 over the 
next three years, assuming the availability of appropriated 
funds. Enacting H.R. 3388 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 3388 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Peter H. Fontaine, 
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 NPS, CBO estimates that implementing the legislation would 
cost about $400,000 over the next three years, assuming the 
availability of appropriated funds. Enacting H.R. 3388 would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
    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 a segment of the 
Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the 
States of Connecticut and Rhode Island for study for potential 
addition to 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) * * *

           *       *       *       *       *       *       *

          (__) Beaver, chipuxet, queen, wood, and pawcatuck 
        rivers, rhode island and connecticut.--The 
        approximately 10-mile segment of the Beaver River from 
        its headwaters in Exeter, Rhode Island, to its 
        confluence with the Pawcatuck River; the approximately 
        5-mile segment of the Chipuxet River from Hundred Acre 
        Pond to its outlet into Worden Pond; the approximately 
        10-mile segment of the upper Queen River from its 
        headwaters to the Usquepaugh Dam in South Kingstown, 
        Rhode Island, and including all its tributaries; the 
        approximately 5-mile segment of the lower Queen 
        (Usquepaugh) River from the Usquepaugh Dam to its 
        confluence with the Pawcatuck River; the approximately 
        11-mile segment of the upper Wood River from its 
        headwaters to Skunk Hill Road in Richmond and 
        Hopkinton, Rhode Island, and including all its 
        tributaries; the approximately 10-mile segment of the 
        lower Wood River from Skunk Hill Road to its confluence 
        with the Pawcatuck River; the approximately 28-mile 
        segment of the Pawcatuck River from Worden Pond to 
        Nooseneck Hill Road (RI Rte 3) in Hopkinton and 
        Westerly, Rhode Island; and the approximately 7-mile 
        segment of the lower Pawcatuck River from Nooseneck 
        Hill Road to Pawcatuck Rock, Stonington, Connecticut, 
        and Westerly, Rhode Island.
  (b)(1) * * *

           *       *       *       *       *       *       *

          (__) Beaver, chipuxet, queen, wood, and pawcatuck 
        rivers, rhode island and connecticut.--Not later than 3 
        years after the date on which funds are made available 
        to carry out this paragraph, the Secretary of the 
        Interior shall--
                  (A) complete the study of the Beaver, 
                Chipuxet, Queen, Wood, and Pawcatuck Rivers, 
                Rhode Island and Connecticut, described in 
                subsection (a)(__);
                  (B) submit a report describing the results of 
                that study to the appropriate committees of 
                Congress;
                  (C) include in the report under subparagraph 
                (B) the effect of the designation under this 
                Act on--
                          (i) existing commercial and 
                        recreational activities, such as 
                        hunting, fishing, trapping, 
                        recreational shooting, motor boat use, 
                        or 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 encompassed in clauses (i) 
                        and (ii); and
                  (D) 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 the area studied 
                        is designated under this Act;
                          (ii) all authorities that the 
                        Secretary may use to condemn property 
                        if the area studied is designated under 
                        this Act; and
                          (iii) all private property located in 
                        the area studied under this provision.

           *       *       *       *       *       *       *


                                  
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