[Senate Report 117-50]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 200

117th Congress }                                          { Report 
                               SENATE
 1st Session   }                                          { 117-50

======================================================================
 
                       YORK WILD AND SCENIC RIVER

                                _______
                                

               December 16, 2021.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 491]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 491) to amend the Wild and Scenic Rivers 
Act to designate certain river segments in the York River 
watershed in the State of Maine as components of 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. 491 is to designate approximately 30.8 
miles of the York River in Maine and its tributaries as a 
recreational component of the National Wild and Scenic Rivers 
System.

                          Background and Need

    Enacted in 2014, section 3074 of Public Law 113-291 
authorized a study of the York River in Maine to assess its 
suitability for potential designation under the Wild and Scenic 
Rivers Act.
    The York River, located in southern Maine near the border 
between Maine and New Hampshire, is one of the smallest of the 
60 rivers that flow into the Gulf of Maine. The Gulf of Maine 
is fringed by coastal marshes and estuaries along the coast of 
Massachusetts, New Hampshire, and Maine that serve as feeding 
grounds and nurseries for fish, crustaceans, and tidal and 
migratory birds. Along with coastal habitat, this area supports 
a long history of fishing, recreation, and coastal development, 
and continues to provide resources for the people who live, 
work, and visit the region.
    In January 2020, the National Park Service released its 
study, which it prepared in partnership with local 
stakeholders. The study found that the free-flowing segments of 
the York River and its tributaries are eligible for designation 
as a Wild and Scenic River based on the presence of multiple 
outstandingly remarkable values. These segments meet the 
classification under the Wild and Scenic Rivers Act of a 
``recreational river'' due to the existing level of human 
development.
    The study found that the York River watershed includes the 
river and numerous wetlands, ponds, and tributaries, as well as 
drinking water reservoirs and one of the Gulf of Maine's least 
disturbed marsh-estuarine ecosystems. The entire estuary 
provides habitat for roosting and feeding tidal wading birds 
and waterfowl as well as migratory birds including the rare 
saltmarsh sharp-tailed sparrow, which inhabits only coastal 
salt marshes of the eastern United States.
    The York River supports 28 species of diadromous fish 
including smelt, alewives, eel, bluefish, striped bass, and 
Atlantic herring. Its headwaters are characterized by numerous 
biologically important wetlands and riverine forests. Home to 
rare and threatened species like the ringed boghaunter, one of 
the rarest dragonflies in North America, these forests and 
wetlands are at the northernmost extent of the geographic range 
of many plant and animal species.
    The York River would be the second designated Wild and 
Scenic River in Maine, along with the Allagash, and the 13th 
designated river in New England.

                          Legislative History

    S. 491 was introduced by Senators King and Collins on March 
1, 2021. The Subcommittee on National Parks held a hearing on 
the bill on June 23, 2021. Senators King and Collins introduced 
similar legislation in the 116th Congress, S. 4938, although no 
action was taken on that bill.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 18, 2021, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
491. Senator Lee asked to be recorded as voting no.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the Act, as the 
``York Wild and Scenic River Act of 2021.''

Section 2. Designation of York Wild and Scenic River, Maine

    Section 2 amends section 3(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1274(a)) to add a new paragraph designating 30.8 
miles of the York River and its tributaries (including portions 
of Bass Cove Creek, Cider Hill Creek, Cutts Ridge Brook, Dolly 
Gordon Brook, Libby Brook, Rogers Brook, and Smelt Brook) in 
Maine to be administered by the Secretary of the Interior as a 
recreational river.

Section 3. Management of York Wild and Scenic River, Maine

    Subsection (a) provides definitions for the section.
    Subsection (b) requires the Secretary of the Interior to 
manage the designated river segments in accordance with a river 
stewardship plan developed by the York River Stewardship 
Committee in consultation with the National Park Service.
    Subsection (c) requires the Secretary to coordinate the 
management responsibilities with the Stewardship Committee, as 
provided in the stewardship plan.
    Subsection (d) authorizes the Secretary to enter into 
cooperative agreements with the State of Maine and local 
communities and organizations to provide for the long-term 
protection, preservation, and enhancement of the designated 
river segments.
    Subsection (e) clarifies zoning ordinances in relation to 
the covered segments, and also states that the Secretary's 
authority to acquire land is limited to donation or acquisition 
with consent of the landowner and subject to additional 
criteria in the stewardship plan. It further states that land 
may not be acquired by condemnation.
    Subsection (f) provides that the designated river segments 
will not be administered as a unit of the National Park System 
or subject to the laws applicable to units of the National Park 
System.

                   Cost and Budgetary Considerations

    The Congressional Budget Office has not estimated the costs 
of S. 491 as passed by the Senate. The Committee has requested, 
but has not yet received, the Congressional Budget Office's 
estimate of the cost of S. 491 as ordered reported. When the 
Congressional Budget Office completes its cost estimate, it 
will be posted on the Internet at www.cbo.gov.

                      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. 491. 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. 491, as ordered reported.

                   Congressionally Directed Spending

    S. 491, as ordered 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 Department of the Interior at 
the June 23, 2021, hearing on S. 491 follows:

   Statement of Michael A. Caldwell, Acting Associate Director, Park 
Planning, Facilities and Lands, National Park Service, U.S. Department 
                            of the Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to present the 
views of the Department of the Interior on S. 491, a bill to 
amend the Wild and Scenic Rivers Act to designate certain river 
segments within the York watershed in the State of Maine as 
components of the National Wild and Scenic River System, and 
for other purposes.
    Initial review indicates that the segments proposed for 
designation under this bill may be eligible for inclusion into 
the National Wild and Scenic Rivers System. However, the study 
report is currently under internal review. We respectfully 
recommend that the committee defer action on S. 491 until the 
review is completed and the final report is issued, which we 
anticipate will occur in the near future.
    S. 491 would designate eight segments of the York River 
totaling 30.8 miles as part of the System, to be administered 
by the Secretary of the Interior as a recreational river. The 
segments would be managed in accordance with the York River 
Watershed Stewardship Plan (August 2018) prepared as a part of 
the study, with the Secretary coordinating administration and 
management with a locally based stewardship committee, as 
specified in the plan.
    The bill would authorize the Secretary to enter into 
cooperative agreements with the State of Maine, the 
municipalities of Eliot, Kittery, South Berwick, and York, and 
appropriate local, regional, or State planning, environmental, 
or recreational organizations. The legislation follows the 
model of other recent New England Wild and Scenic River 
designations based on a ``partnership'' model emphasizing 
locally based management solutions and a limited federal role.
    The study of the York River was authorized by P.L. 113-291, 
the Carl Levin and Howard P. ``Buck'' McKeon National Defense 
Authorization Act for Fiscal Year 2015. The National Park 
Service has conducted the study in close cooperation with the 
adjoining communities, the State of Maine, the Wells National 
Estuarine Research Reserve, and other interested local parties. 
Technical assistance provided as a part of the study made 
possible the development of the York River Watershed 
Stewardship Plan (August 2018).
    This plan is based primarily around local partner actions 
designed to guide the stewardship of certain segments the York 
River with or without a National Wild and Scenic River 
designation. The draft York Wild and Scenic River Study Report 
was made available for public review and comment from January 
10 to April 10, 2020. Public comments received on the draft 
were overwhelmingly in support of designation. If S. 491 is 
enacted, segments of the York River and its tributaries would 
be administered as a partnership wild and scenic river, similar 
to several other designations in the Northeast, including the 
upper Farmington River and the Eightmile River in Connecticut, 
and the Lamprey River in New Hampshire.
    Mr. Chairman, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        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. 491, 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)


                        [16 U.S.C. 1271 et seq.]

  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 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:

           *       *       *       *       *       *       *

``(231) York River, Maine.--The following segments of the main 
stem and tributaries (including portions of Bass Cove Creek, 
Cider Hill Creek, Cutts Ridge Brook, Dolly Gordon Brook, Libby 
Brook, Rogers Brook, and Smelt Brook) in the State of Maine, 
totaling approximately 30.8 miles, to be administered by the 
Secretary of the Interior, as a recreational river:
                  ``(A) The approximately 0.95-mile segment of 
                Bass Cove Creek from the outlet of Boulter Pond 
                in York, Maine, and extending downstream to the 
                confluence with the York River in York, 
                Maine.''
                  ``(B) The approximately 3.77-mile segment of 
                Cider Hill Creek from the Middle Pond dam in 
                York, Maine, and extending downstream to the 
                confluence with the York River in York, 
                Maine.''
                  ``(C) The approximately 2.15-mile segment of 
                Cutts Ridge Brook from the headwaters in 
                Kittery, Maine, and extending downstream to the 
                confluence with the York River in York, 
                Maine.''
                  ``(D) The approximately 3.17-mile segment of 
                Dolly Gordon Brook from the headwaters in York, 
                Maine, and extending downstream to the 
                confluence with the York River in York, 
                Maine.''
                  ``(E) The approximately 1.65-mile segment of 
                Libby Brook from the headwaters in Kittery, 
                Maine, and extending downstream to the 
                confluence with Dolly Gordon Brook in York, 
                Maine.''
                  ``(F) The approximately 2.43-mile segment of 
                Rogers Brook from the headwaters in Eliot, 
                Maine, and extending downstream to the 
                confluence with the York River in York, 
                Maine.''
                  ``(G) The approximately 4.54-mile segment of 
                Smelt Brook from the Bell Marsh Reservoir dam 
                in York, Maine, and extending downstream to the 
                confluence with the York River in York, 
                Maine.''
                  ``(H) The approximately 12.14-mile segment of 
                the York River from the outlet of York Pond in 
                Eliot, Maine, and extending downstream to the 
                Route 103 Bridge in York, including Barrell 
                Mill Pond in York Maine.''.

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