[Senate Report 118-151]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 303
118th Congress      }                                    {      Report
                                 SENATE
 2d Session         }                                    {     118-151

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



 
              DEERFIELD RIVER WILD AND SCENIC RIVER STUDY

                                _______
                                

                January 9, 2024.--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. 608]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 608) to amend the Wild and Scenic Rivers 
Act to direct the Secretary of the Interior to conduct a study 
of the Deerfield River 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. 608 is to amend the Wild and Scenic 
Rivers Act to authorize the Secretary of the Interior to 
conduct a study of the Deerfield River for potential addition 
to the national wild and scenic rivers system.

                          Background and Need

    Located in southern Vermont and western Massachusetts, the 
Deerfield River and its tributaries flow through the 
Connecticut River Valley for 76 miles until its confluence with 
the Connecticut River near Greenfield, Massachusetts.
    The Deerfield River and its tributaries provide important 
wildlife and recreational resources. The river includes several 
Class II-V rapids and provides some of the best whitewater 
boating and rafting opportunities in the region. The river is 
popular for trout fishing and provides important habitat for a 
variety of other species. The historically significant Mohawk 
Trail, which was an important Native American travel route, 
runs through the river corridor.

                          Legislative History

    S. 608 was introduced by Senators Markey, Warren, Sanders, 
and Welch on March 1, 2023. Companion legislation, H.R. 1312, 
was introduced by Representative McGovern in the House of 
Representatives on March 1, 2023. The Subcommittee on National 
Parks held a hearing on S. 608 on June 21, 2023.
    Senators Markey, Warren, Sanders, and Leahy introduced 
similar legislation in the 117th Congress, S. 4631, on July 27, 
2022.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on September 21, 2023, by a voice vote of 
a quorum present, recommends that the Senate pass S. 608.

                                Summary

    S. 608 amends section 5(a) of the Wild and Scenic Rivers 
Act (12 U.S.C. 1276(a)) to authorize the Secretary of the 
Interior to conduct a study of the Deerfield River in Vermont 
and Massachusetts, including its major branches and 
tributaries, to determine their suitability and feasibility for 
potential inclusion in the National Wild and Scenic Rivers 
System.

                   Cost and Budgetary Considerations

    The cost estimate provided by the Congressional Budget 
Office on S. 608 follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 608 would direct the Department of the Interior (DOI) to 
study the Deerfield River in Massachusetts and Vermont for 
potential addition to the national wild and scenic rivers 
system. The study would encompass the entire river, including 
its major tributaries and the North, South, East, and West 
Branches. Under the bill, DOI would be required to complete the 
study and report to the Congress on its findings within three 
years of enactment.
    Based on the costs of similar studies, CBO estimates that 
implementing the bill would cost less than $500,000 over the 
2024-2028 period; any spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Kelly Durand. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                      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. 608. 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. 608, as ordered reported.

                   Congressionally Directed Spending

    S. 608, 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 National Park Service at the 
Subcommittee on National Parks hearing on S. 608 follows:

     Statement of Michael A. Caldwell, 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 
Department of the Interior's views on S. 608, to amend the Wild 
and Scenic Rivers Act to direct the Secretary of the Interior 
to conduct a study of the Deerfield River for potential 
addition to the national wild and scenic rivers system, and for 
other purposes.
    The Department supports S. 608. However, we would like to 
note that there are 22 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 completed and transmitted to 
Congress.
    S. 608 would authorize a study of the Deerfield River to 
determine whether it meets the criteria for inclusion in the 
National Wild and Scenic Rivers System. The study would 
encompass the entire river, including the North, South, East, 
and West Branches, and its major tributaries including the 
Green River, North River, South River, Clesson Brook, Chickley 
River, Cold River, Gulf Brook, Bog Brook, and Dunbar Brook. The 
bill requires the study to be completed no later than three 
years after the date on which funds are made available to carry 
out the study.
    The Deerfield River is a highly significant recreational 
and natural resource that runs for 76 miles from southern 
Vermont through northwestern Massachusetts to the Connecticut 
River, traversing the Green Mountain National Forest, Berkshire 
Mountains, and Pioneer Valley hill towns. With rapids from 
Class II to Class V, it offers perhaps the best whitewater 
boating and rafting in Massachusetts. It is also an excellent 
cold-water trout fishery and provides outstanding habitat for 
native Brook Trout throughout the watershed. The historically 
significant Mohawk Trail ran along the river and was a 
principal Native American travel route. Several tributaries, 
such as Cold River and Bog, and Gulf Brooks, are wild free-
flowing rivers. Multiple segments of the Deerfield River were 
identified on the National Park Service's Nationwide Rivers 
Inventory as having ``outstandingly remarkable'' values and 
potentially eligible for National Wild and Scenic Rivers 
designation. The USDA Forest Service previously completed an 
eligibility evaluation under Section 5(d)(1) of the Wild and 
Scenic Rivers Act and determined 13.2 miles of the Deerfield 
River (from its headwaters to north of Searsburg Reservoir) to 
be eligible, with a preliminary classification of ``scenic.''
    There is also substantial existing hydroelectric 
development in the Deerfield basin, but the National Park 
Service would not expect the study to impact the existing 
operation of these facilities. The potential impact of the 
facilities on the eligibility and suitability of the various 
segments of the Deerfield River would be a topic for study 
consideration.
    If enacted, the National Park Service intends to undertake 
the study in close cooperation with the affected communities, 
the Green Mountain National Forest, the relevant agencies of 
the Commonwealth of Massachusetts and the State of Vermont, and 
interest groups such as the Deerfield Watershed Association 
through a partnership-based study approach. 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. This 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.
    Although the Wild and Scenic Rivers Act requires the 
development of a comprehensive river management plan within 
three years of the date of designation, it has become the 
practice of the National Park Service to prepare this plan as 
part of a study of potential wild and scenic rivers when much 
of the river runs through private lands. This allows the 
National Park Service to consult widely with local landowners, 
federal and state land management agencies, local governments, 
river authorities, and other groups that have interests related 
to the river prior to determining if the river is suitable for 
designation. Early preparation of the plan also assures input 
from these entities as well as users of the river on the 
management strategies that would be needed to protect the 
river's resources.
    The National Park Service is aware that there is 
substantial local community and stakeholder support for 
conducting a wild and scenic rivers study and, if enacted, we 
would expect strong public participation in the study process.
    Chairman King, 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. 608, 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):

                     THE WILD AND SCENIC RIVERS ACT

                           Public Law 90-542


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

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *

          (147) Deerfield river, massachusetts and vermont.--
        The entire river, including--
                  (A) the North, South, East, and West Branches 
                of the Deerfield River; and
                  (B) the major tributaries of the Deerfield 
                River, including the Green River, North River, 
                South River, Clesson Brook, Chickley River, 
                Cold River, Gulf Brook, Bog Brook, and Dunbar 
                Brook.

           *       *       *       *       *       *       *

    Sec. 5. (b) Studies and reports.

           *       *       *       *       *       *       *

          (24) Deerfield river, massachusetts and vermont.--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 described in 
                subsection (a)(147); and
                  (B) submit to the appropriate committees of 
                Congress a report describing the results of 
                such study.

           *       *       *       *       *       *       *


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