[Senate Report 113-60]
[From the U.S. Government Publishing Office]
Calendar No. 114
113th Congress Report
} SENATE {
1st Session 113-60
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WOOD-PAWCATUCK WATERSHED PROTECTION
_______
June 27, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 349]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 349) 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, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose
The purpose of S. 349 is to designate segments of the
Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the
States of Connecticut and Rhode Island for study for potential
addition to the Wild and Scenic Rivers System.
Background and Need
Several segments of the Pawcatuck, Wood, and Chipuxet
Rivers are listed on the Nationwide Rivers Inventory as
potential candidates for Wild and Scenic River designation.
These river segments were the focus of a 1980s planning and
conservation study undertaken through the National Park
Service's Rivers and Trails Conservation Assistance program,
which concluded in part, ``the Wood and Pawcatuck Rivers
corridor is Rhode Island's least developed and most rural river
system. Its waters are the cleanest and purest and its
recreational opportunities are unparalleled by any other river
system in the state.''
The river segments also provide opportunities for
recreation and tourism that contribute to the economy of the
local communities and offer important experiences, ranging from
visiting Native American fishing grounds to seeing Colonial and
early industrial mill ruins. The rivers are also a prime
location for outdoor activities like trout fishing, canoeing,
bird watching, and hiking.
The Queen and Beaver Rivers have been recognized for their
pristine headwaters and are critical to the high water quality
and biological diversity of the upper Pawcatuck. In 2004, the
legislatively established Rhode Island Rivers Council
classified the Wood-Pawcatuck watershed as ``Rhode Island's
premier freshwater recreational resource.''
The study proposed in this legislation is intended to help
Rhode Island and Connecticut continue their stewardship of
these rivers and enhance existing state and local efforts to
preserve and manage this watershed. It is anticipated that this
study would be conducted in close cooperation with the
communities, state agencies, local governments, and private
organizations that are stakeholders in the process.
Legislative History
Senators Reed, Blumenthal, Murphy, and Whitehouse
introduced S. 349 on February 14, 2013. The Subcommittee on
National Parks held a hearing on S. 349 on April 23, 2013. At
its business meeting on May 16, 2013 the Committee ordered S.
349 favorably reported.
In the 112th Congress, Senators Reed, Blumenthal,
Lieberman, and Whitehouse introduced similar legislation, S.
3423, on July 23, 2012. Also in the 112th Congress, the House
Natural Resources Subcommittee on National Parks, Forests and
Public Lands held a hearing on similar legislation, H.R. 3388,
on April 17, 2012. A bill was reported by the House Resources
Committee on June 7, 2012, (H. Rept. 112-603) and passed the
House of Representatives on July 23, 2012, by voice vote.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 349.
Section-by-Section Analysis
Section 1 contains the short title, the ``Wood-Pawcatuck
Watershed Protection Act.''
Section 2(a) amends section 5(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(a)) to designate certain sections of
the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers for
study for potential addition to the National Wild and Scenic
Rivers System.
Subsection (b) amends section 5(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(b)) to direct the Secretary of the
Interior to complete the study named in the previous section
within 3 years after the date on which funds are made available
and submit a report to the appropriate committees of Congress
describing the results of the study.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 349--Wood-Pawcatuck Watershed Protection Act
S. 349 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 S. 349 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
S. 349 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.
On May 13, 2013, CBO transmitted a cost estimate for H.R.
723, the Wood-Pawcatuck Watershed Protection Act, as ordered to
be reported by the House Committee on Natural Resources on
April 24, 2013. The two bills are similar, and the CBO cost
estimates are the same.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
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. 349.
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. 349, as ordered reported.
Congressionally Directed Spending
S. 349, 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
April 23, 2013, Subcommittee on National Parks hearing on S.
349 follows:
Statement of Peggy O'Dell, Deputy Director for Operations, National
Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before you today to present the views of the Department of the
Interior on S. 349, a bill 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.
The Department supports enactment of S. 349. The river
segments and tributary areas proposed for study, which comprise
the Wood-Pawtucket Watershed, exhibit the types of qualities
and resource values that would make it a worthy and important
candidate for potential addition to the National Wild and
Scenic Rivers System. However, we feel that priority should be
given to the 31 previously authorized studies for potential
units of the National Park System, potential new National
Heritage Areas, and potential additions to the National Trails
System and National Wild and Scenic Rivers System that have not
yet been transmitted to Congress.
S. 349 directs the Secretary of the Interior to study named
segments of the Pawcatuck, Beaver, Chipuxet, Queen and Wood
Rivers. The bill also specifies that the headwaters segments of
the Wood and Queen Rivers include all tributaries, ensuring
that virtually the entire Wood-Pawtucket Watershed is assessed.
The bill requires the study to be completed and transmitted to
Congress within three years after funding is made available for
it.
Several segments of the Pawcatuck, Wood and Chipuxet Rivers
are listed on the Nationwide Rivers Inventory (NRI) as
potential candidates for Wild and Scenic River designation.
These NRI-listed segments were the focus of a 1980s planning
and conservation study undertaken through the National Park
Service's Rivers and Trails Conservation Assistance program,
which concluded in part, ``The Wood and Pawcatuck Rivers
corridor is Rhode Island's least developed and most rural river
system. Its waters are the cleanest and purest and its
recreational opportunities are unparalleled by any other river
system in the state.'' The Queen and Beaver Rivers have been
recognized for their pristine headwaters nature, critical to
the high water quality and biological diversity of the upper
Pawcatuck, and have been the focus of significant conservation
efforts by the Nature Conservancy and Rhode Island Audubon
Society, among others. In 2004, the legislatively-established
Rhode Island Rivers Council classified the Wood-Pawcatuck
watershed as ``Rhode Island's premier freshwater recreational
resource.''
If enacted, the National Park Service intends to undertake
the study in close cooperation with the affected communities,
the relevant agencies of the states of Rhode Island and
Connecticut, and interest groups such the Wood-Pawcatuck
Watershed Association through a partnership-based study
approach. This is the approach that has been used since the
1980s for studies of rivers located in New England and other
parts of the Northeast Region. The partnership-based approach
is recognized in Section 10(e) of the Wild and Scenic Rivers
Act as a means of encouraging state and local governmental
participation in the administration of a component of the
National Wild and Scenic Rivers System. The partnership-based
approach also allows for development of a proposed river
management plan as part of the study, which helps landowners
and local jurisdictions understand their potential future roles
in river management should Congress decide to designate part or
all of the rivers being studied.
This concludes my prepared remarks, Mr. Chairman. I will 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. 349, 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
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. 5. (a) The following rivers are hereby designated for
potential addition to the national wild and scenic rivers
system:
* * * * * * *
(141) Beaver, Chipuxet, Queen, Wood, and Pawcatuck
Rivers, Rhode Island and Connecticut.--The following
segments:
(A) The approximately 10 mile segment of the
Beaver River from the headwaters in Exeter,
Rhode Island, to the confluence with the
Pawcatuck River.
(B) The approximately 5-mile segment of the
Chipuxet River from Hundred Acre Pond to the
outlet into Worden Pond.
(C) The approximately 10-mile segment of the
upper Queen River from the headwaters to the
Usquepaugh Dam in South Kingstown, Rhode
Island, including all tributaries of the upper
Queen River.
(D) The approximately 5-mile segment of the
lower Queen (Usquepaugh) River from the
Usquepaugh Dam to the confluence with the
Pawcatuck river.
(E) The approximately 11-mile segment of the
upper Wood River from the headwaters to Skunk
Hill Road in Richmond and Hopkinton, Rhode
Island, including all tributaries of the upper
Wood River.
(F) The approximately 10-mile segment of the
lower Wood River from Skunk Hill Road to the
confluence with the Pawcatuck River.
(G) The approximately 28-mile segment of the
Pawcatuck River from Worden Pond to Nooseneck
Hill Road (Rhode Island Rte 3) in Hopkinton and
Westerly, Rhode Island.
(H) The approximately 7-mile segment of lower
Pawcatuck Rock, Stonington, Connecticut, and
Westerly Rhode Island.
(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:
* * * * * * *
(20) 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, Cipuxet, Queen,
Wood, and Pawcatuck Rivers, Rhode Island and
Connecticut, described if subsection (a)(141); and
(B) submit to the appropriate committees of Congress
a report that describes the results of the study.
* * * * * * *