[106th Congress Public Law 20]
[From the U.S. Government Printing Office]


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[DOCID: f:publ020.106]


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         SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC RIVER ACT

[[Page 113 STAT. 30]]

Public Law 106-20
106th Congress

                                 An Act


 
To designate a portion of the Sudbury, Assabet, and Concord Rivers as a 
component of the National Wild and Scenic Rivers System. <<NOTE: Apr. 9, 
                          1999 -  [H.R. 193]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Sudbury, Assabet, and 
Concord Wild and Scenic River Act. Massachusetts.>>  assembled,

SECTION 1. SHORT <<NOTE: 16 USC 1271 note.>> TITLE.

    This Act may be cited as the ``Sudbury, Assabet, and Concord Wild 
and Scenic River Act''.

SEC. 2. DESIGNATION OF SUDBURY, ASSABET, AND CONCORD SCENIC AND 
            RECREATIONAL RIVERS, MASSACHUSETTS.

    (a) Findings.--The Congress finds the following:
            (1) The Sudbury, Assabet, and Concord Wild and Scenic River 
        Study Act (title VII of Public Law 101-628; 104 Stat. 4497)--
                    (A) designated segments of the Sudbury, Assabet, and 
                Concord Rivers in the Commonwealth of Massachusetts, 
                totaling 29 river miles, for study and potential 
                addition to the National Wild and Scenic Rivers System; 
                and
                    (B) directed the Secretary of the Interior to 
                establish the Sudbury, Assabet, and Concord Rivers Study 

                Committee (in this section referred to as the ``Study 
                Committee'') to advise the Secretary in conducting the 
                study and in the consideration of management 
                alternatives should the rivers be included in the 
                National Wild and Scenic Rivers System.
            (2) The study determined the following river segments are 
        eligible for inclusion in the National Wild and Scenic Rivers 
        System based on their free-flowing condition and outstanding 
        scenic, recreation, wildlife, cultural, and historic values:
                    (A) The 16.6-mile segment of the Sudbury River 
                beginning at the Danforth Street Bridge in the town of 
                Framingham, to its confluence with the Assabet River.
                    (B) The 4.4-mile segment of the Assabet River from 
                1,000 feet downstream from the Damon Mill Dam in the 
                town of Concord to the confluence with the Sudbury River 
                at Egg Rock in Concord.
                    (C) The 8-mile segment of the Concord River from Egg 
                Rock at the confluence of the Sudbury and Assabet Rivers 
                to the Route 3 bridge in the town of Billerica.
            (3) The towns that directly abut the segments, including 
        Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford, 
        Carlisle, and Billerica, Massachusetts, have each demonstrated

[[Page 113 STAT. 31]]

        their desire for National Wild and Scenic River designation 
        through town meeting votes endorsing designation.
            (4) During the study, the Study Committee and the National 
        Park Service prepared a comprehensive management plan for the 
        segment, entitled ``Sudbury, Assabet and Concord Wild and Scenic 
        River Study, River Conservation Plan'' and dated March 16, 1995 
        (in this section referred to as the ``plan''), which establishes 
        objectives, standards, and action programs that will ensure 
        long-term protection of the rivers' outstanding values and 
        compatible management of their land and water resources.
            (5) The Study Committee voted unanimously on February 23, 
        1995, to recommend that the Congress include these segments in 
        the National Wild and Scenic Rivers System for management in 
        accordance with the plan.

    (b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(a)) is amended by adding at the end the following new 
paragraph:
    ``(160) Sudbury, Assabet, and Concord Rivers, Massachusetts.--(A) 
The 29 miles of river segments in Massachusetts, as follows:
            ``(i) The 14.9-mile segment of the Sudbury River beginning 
        at the Danforth Street Bridge in the town of Framingham, 
        downstream to the Route 2 Bridge in Concord, as a scenic river.
            ``(ii) The 1.7-mile segment of the Sudbury River from the 
        Route 2 Bridge downstream to its confluence with the Assabet 
        River at Egg Rock, as a recreational river.
            ``(iii) The 4.4-mile segment of the Assabet River beginning 
        1,000 feet downstream from the Damon Mill Dam in the town of 
        Concord, to its confluence with the Sudbury River at Egg Rock in 
        Concord; as a recreational river.
            ``(iv) The 8-mile segment of the Concord River from Egg Rock 
        at the confluence of the Sudbury and Assabet Rivers downstream 
        to the Route 3 Bridge in the town of Billerica, as a 
        recreational river.

    ``(B) The segments referred to in subparagraph (A) shall be 
administered by the Secretary of the Interior in cooperation with the 
SUASCO River Stewardship Council provided for in the plan referred to in 
subparagraph (C) through cooperative agreements under section 10(e) 
between the Secretary and the Commonwealth of Massachusetts and its 
relevant political subdivisions (including the towns of Framingham, 
Wayland, Sudbury, Lincoln, Concord, Carlisle, Bedford, and Billerica).
    ``(C) The segments referred to in subparagraph (A) shall be managed 
in accordance with the plan entitled `Sudbury, Assabet and Concord Wild 
and Scenic River Study, River Conservation Plan', dated March 16, 1995. 
The plan is deemed to satisfy the requirement for a comprehensive 
management plan under subsection (d) of this section.''.
    (c) Federal <<NOTE: 16 USC 1274 note.>> Role in Management.--(1) The 
Director of the National Park Service or the Director's designee shall 
represent the Secretary of the Interior in the implementation of the 
plan, this section, and the Wild and Scenic Rivers Act with respect to 
each of the segments designated by the amendment made by subsection (b), 
including the review of proposed federally assisted water resources 
projects that could have a direct and adverse effect

[[Page 113 STAT. 32]]

on the values for which the segment is established, as authorized under 
section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)).

    (2) Pursuant to sections 10(e) and section 11(b)(1) of the Wild and 
Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Director shall 
offer to enter into cooperative agreements with the Commonwealth of 
Massachusetts, its relevant political subdivisions, the Sudbury Valley 
Trustees, and the Organization for the Assabet River. Such cooperative 
agreements shall be consistent with the plan and may include provisions 
for financial or other assistance from the United States to facilitate 
the long-term protection, conservation, and enhancement of each of the 
segments designated by the amendment made by subsection (b).
    (3) The Director may provide technical assistance, staff support, 
and funding to assist in the implementation of the plan, except that the 
total cost to the Federal Government of activities to implement the plan 
may not exceed $100,000 each fiscal year.
    (4) Notwithstanding section 10(c) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1281(c)), any portion of a segment designated by the 
amendment made by subsection (b) that is not already within the National 
Park System shall not under this section--
            (A) become a part of the National Park System;
            (B) be managed by the National Park Service; or
            (C) be subject to regulations which govern the National Park 
        System.

    (d) Water <<NOTE: 16 USC 1274 note.>> Resources Projects.--(1) In 
determining whether a proposed water resources project would have a 
direct and adverse effect on the values for which the segments 
designated by the amendment made by subsection (b) were included in the 
National Wild and Scenic Rivers System, the Secretary of the Interior 
shall specifically consider the extent to which the project is 
consistent with the plan.

    (2) The plan, including the detailed Water Resources Study 
incorporated by reference in the plan and such additional analysis as 
may be incorporated in the future, shall serve as the primary source of 
information regarding the flows needed to maintain instream resources 
and potential compatibility between resource protection and possible 
additional water withdrawals.
    (e) Land <<NOTE: 16 USC 1274 note.>> Management.--(1) The zoning 
bylaws of the towns of Framingham, Sudbury, Wayland, Lincoln, Concord, 
Carlisle, Bedford, and Billerica, Massachusetts, as in effect on the 
date of enactment of this Act, are deemed to satisfy the standards and 
requirements under section 6(c) of the Wild and Scenic rivers Act (16 
U.S.C. 1277(c)). For the purpose of that section, the towns are deemed 
to be ``villages'' and the provisions of that section which prohibit 
Federal acquisition of lands through condemnation shall apply.

    (2) The United States Government shall not acquire by any means 
title to land, easements, or other interests in land along the segments 
designated by the amendment made by subsection (b) or their tributaries 
for the purposes of designation of the segments under the amendment. 
Nothing in this section shall prohibit Federal acquisition of interests 
in land along those segments or tributaries under other laws for other 
purposes.
    (f ) Authorization <<NOTE: 16 USC 1274 note.>> of Appropriations.--
There are authorized to be appropriated to the Secretary of the Interior 
to carry out this section not to exceed $100,000 for each fiscal year.

[[Page 113 STAT. 33]]

    (g) Existing Undesignated Paragraphs; Removal of Duplication.--
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is 
amended--
            (1) by striking the first undesignated paragraph after 
        paragraph (156), relating to Elkhorn Creek, Oregon; and
            (2) by designating the three remaining undesignated 
        paragraphs after paragraph (156) as paragraphs (157), (158), and 
        (159), respectively.

    Approved April 9, 1999.

LEGISLATIVE HISTORY--H.R. 193:
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HOUSE REPORTS: No. 106-10 (Comm. on Resources).
SENATE REPORTS: No. 106-25 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 145 (1999):
            Feb. 23, considered and passed House.
            Mar. 25, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
            Apr. 9, Presidential statement.

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