69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–735 

TO AMEND THE WILD AND SCENIC RIVERS ACT TO DESIGNATE SEGMENTS 

OF THE TAUNTON RIVER IN THE COMMONWEALTH OF MASSACHUSETTS 

AS A COMPONENT OF THE NATIONAL WILD AND SCENIC RIVERS SYSTEM 

JULY 8, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 415] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 415) to amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the Commonwealth of 

Massachusetts as a component of the National Wild and Scenic 

Rivers System, 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. DESIGNATION OF TAUNTON RIVER, MASSACHUSETTS. 

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: 

‘‘(ll) TAUNTON RIVER, MASSACHUSETTS.—The main stem of the Taunton 

River from its headwaters at the confluence of the Town and Matfield Rivers 

in the Town of Bridgewater downstream 40 miles to the confluence with the 

Quequechan River at the Route 195 Bridge in the City of Fall River, to be administered by the Secretary of the Interior in cooperation with the Taunton 

River Stewardship Council as follows: 

‘‘(A) The 18-mile segment from the confluence of the Town and Matfield 

Rivers to Route 24 in the Town of Raynham, as a scenic river. 

‘‘(B) The 5-mile segment from Route 24 to 0.5 miles below Weir Bridge 

in the City of Taunton, as a recreational river. 


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‘‘(C) The 8-mile segment from 0.5 miles below Weir Bridge to Muddy Cove 

in the Town of Dighton, as a scenic river. 

‘‘(D) The 9-mile segment from Muddy Cove to the confluence with the 

Quequechan River at the Route 195 Bridge in the City of Fall River, as a 

recreational river.’’. 

SEC. 2. MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS. 

(a) TAUNTON RIVER STEWARDSHIP PLAN.—

(1) IN GENERAL.—Each river segment added to section 3(a) of the Wild and 

Scenic Rivers Act by section 1 of this Act shall be managed in accordance with 

the Taunton River Stewardship Plan, dated July 2005 (including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior 

(referred to in this section as the ‘‘Secretary’’) determines to be consistent with 

this Act). 

(2) EFFECT.—The Taunton River Stewardship Plan described in paragraph (1) 

shall be considered to satisfy each requirement relating to the comprehensive 

management plan required under section 3(d) of the Wild and Scenic Rivers Act 

(16 U.S.C. 1274(d)). 

(b) COOPERATIVE AGREEMENTS.—To provide for the long-term protection, preservation, and enhancement of each river segment added to section 3(a) of the Wild and 

Scenic Rivers Act by section 1 of this Act, pursuant to sections 10(e) and 11(b)(1) 

of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary 

may enter into cooperative agreements (which may include provisions for financial 

and other assistance) with—

(1) the Commonwealth of Massachusetts (including political subdivisions of 

the Commonwealth of Massachusetts); 

(2) the Taunton River Stewardship Council; and 

(3) any appropriate nonprofit organization, as determined by the Secretary. 

(c) RELATION TO NATIONAL PARK SYSTEM.—Notwithstanding section 10(c) of the 

Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river segment added to section 

3(a) of the Wild and Scenic Rivers Act by section 1 of this Act shall not be—

(1) administered as a unit of the National Park System; or 

(2) subject to the laws (including regulations) that govern the administration 

of the National Park System. 

(d) LAND MANAGEMENT.—

(1) ZONING ORDINANCES.—The zoning ordinances adopted by the Towns of 

Bridgewater, Halifax, Middleborough, Raynham, Berkley, Dighton, Freetown, 

and Somerset, and the Cities of Taunton and Fall River, Massachusetts (including any provision of the zoning ordinances relating to the conservation of 

floodplains, wetlands, and watercourses associated with any river segment 

added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act), 

shall be considered to satisfy each standard and requirement described in section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). 

(2) VILLAGES.—For the purpose of section 6(c) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1277(c)), each town described in paragraph (1) shall be considered to be a village. 

(3) ACQUISITION OF LAND.—

(A) LIMITATION OF AUTHORITY OF SECRETARY.—With respect to each river 

segment added to section 3(a) of the Wild and Scenic Rivers Act by section 

1 of this Act, the Secretary may only acquire parcels of land—

(i) by donation; or 

(ii) with the consent of the owner of the parcel of land. 

(B) PROHIBITION RELATING TO ACQUISITION OF LAND BY CONDEMNATION.—

In accordance with section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 

1277(c)), with respect to each river segment added to section 3(a) of the 

Wild and Scenic Rivers Act by section 1 of this Act, the Secretary may not 

acquire any parcel of land by condemnation. 

PURPOSE OF THE BILL

The purpose of H.R. 415 is to amend the Wild and Scenic Rivers 

Act to designate segments of the Taunton River in the Commonwealth of Massachusetts as a component of the National Wild and 

Scenic Rivers System. 


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BACKGROUND AND NEED FOR LEGISLATION

The 106th Congress authorized a study of a roughly 30-mile segment of the Taunton River in southeastern Massachusetts (Public 

Law 106–318) to determine whether the river is eligible for designation under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 

seq.). In response to local petitions, and a request from three Members of the Massachusetts Congressional Delegation, the study was 

later expanded to include a roughly ten-mile section of the Lower 

Taunton River. 

The National Park Service released a draft report in June 2007, 

finding that the river is eligible and identifying designation of the 

entire 40-mile segment as the environmentally preferred alternative. 

H.R. 415 amends section 3(a) of the Wild and Scenic Rivers Act 

to add the Taunton River to the list of rivers designated under the 

Act. Specifically, the bill would designate ‘‘the segment downstream 

from the headwaters, from the confluence of the Town River and 

the Matfield River in Bridgewater, to the Mount Hope Bay in the 

city of Fall River, Massachusetts.’’

In 2005, the Federal Energy Regulatory Commission gave preliminary approval to Weaver’s Cove Energy, a subsidiary of the 

Hess Corporation, to construct a liquefied natural gas (LNG) terminal in Fall River on the bank of the Taunton River. However, 

the United States Coast Guard recently found that the segment of 

the Taunton near the proposed terminal would be too difficult for 

LNG tankers to navigate and determined that the river was unsuitable for an LNG terminal. That finding has been upheld on appeal. So, while designation of the Taunton under the Wild and Scenic Rivers Act would likely prohibit the terminal project from receiving a federal license or assistance, this issue is mooted by the 

Coast Guard’s ruling. 

COMMITTEE ACTION

H.R. 415 was introduced on January 11, 2007 by Representative 

Barney Frank (D–MA). 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 October 30, 

2007, the Subcommittee held a hearing on H.R. 415. 

On June 25, 2008, the Subcommittee was discharged from further consideration of the legislation and the Full Natural Resources 

Committee met to consider the bill. Subcommittee Chairman Rau ́l 

Grijalva (D–AZ) offered an amendment in the nature of a substitute. Subcommittee Ranking Member Rob Bishop (R–UT) offered 

five amendments en bloc dealing with property rights to the substitute. The Bishop en bloc amendments were not agreed to by 

voice vote. The Grijalva substitute was then agreed to by voice 

vote. The bill, as amended, was then ordered favorably reported to 

the House of Representatives by voice vote. 

SECTION-BY-SECTION ANALYSIS

Section 1. Designation of Taunton River, Massachusetts 

Section 1 amends section 3(a) of the Wild and Scenic Rivers Act 

(16 U.S.C. 1274(a)) to add the Taunton River. Twenty-six miles of 


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the river are designated as ‘‘scenic,’’ while fourteen miles are designated as ‘‘recreational.’’

Section 2. Management of the Taunton River, Massachusetts 

Section 2(a) specifies that the river shall be managed in accordance with the Taunton River Stewardship Plan. Section 2(b) authorizes the Secretary of the Interior to enter into cooperative 

agreements with the State, the Taunton River Stewardship Council 

and appropriate non-profit organizations to ‘‘provide for the longterm protection, preservation, and enhancement’’ of the river. Section 2(c) specifies that the Taunton will not be managed as a unit 

of the National Park System. Finally, section 2(d) makes clear that 

local zoning ordinances in place along the river are sufficient to 

prohibit any condemnation authority under the Wild and Scenic 

Rivers Act. The section then goes on to specifically prohibit condemnation. 

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. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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. 

2. 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, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

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 is to amend the Wild and Scenic Rivers Act to designate 

segments of the Taunton River in the Commonwealth of Massachusetts as a component of the National Wild and Scenic Rivers System. 

4. Congressional Budget Office Cost Estimate. 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: 


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H.R. 415—A bill to amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the commonwealth of 

Massachusetts as a component of the National Wild and Scenic 

Rivers System 

H.R. 415 would designate four segments of the Taunton River in 

Massachusetts as scenic or recreational rivers under the Wild and 

Scenic Rivers Act. The bill would authorize the Secretary of the Interior to execute cooperative agreements with Massachusetts and 

local nonprofit organizations to manage the newly designated segments, which encompass about 40 miles of the river between 

Bridgewater and Fall River. Based on information provided by the 

National Park Service and assuming the availability of appropriated funds, CBO estimates that the agency would spend about 

$150,000 a year to manage the designated areas. Enacting H.R. 

415 would not affect direct spending or revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

On May 16, 2008, CBO transmitted a cost estimate for S. 868, 

a bill to amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the commonwealth of Massachusetts 

as a component of the National Wild and Scenic Rivers System. S. 

868 was ordered reported by the Senate Committee on Energy and 

Natural Resources on May 7, 2008. The two versions of the legislation are very similar, and the CBO cost estimates are the same. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 415 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

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. 3. (a) The following rivers and the land adjacent thereto are 

hereby designated as components of the national wild and scenic 

rivers system: 


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(1) * * * 

* * * * * * * 

(ll) TAUNTON RIVER, MASSACHUSETTS.—The main stem of the 

Taunton River from its headwaters at the confluence of the Town 

and Matfield Rivers in the Town of Bridgewater downstream 40 

miles to the confluence with the Quequechan River at the Route 195 

Bridge in the City of Fall River, to be administered by the Secretary 

of the Interior in cooperation with the Taunton River Stewardship 

Council as follows: 

(A) The 18-mile segment from the confluence of the Town and 

Matfield Rivers to Route 24 in the Town of Raynham, as a scenic river. 

(B) The 5-mile segment from Route 24 to 0.5 miles below Weir 

Bridge in the City of Taunton, as a recreational river. 

(C) The 8-mile segment from 0.5 miles below Weir Bridge to 

Muddy Cove in the Town of Dighton, as a scenic river. 

(D) The 9-mile segment from Muddy Cove to the confluence 

with the Quequechan River at the Route 195 Bridge in the City 

of Fall River, as a recreational river. 

* * * * * * * 


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DISSENTING VIEWS 

H.R. 415 is a shameful abuse of the Wild and Scenic Rivers Act. 

We recognize that the Commonwealth of Massachusetts does not 

have the same understanding of property rights as do States in the 

West, and we also recognize its right to place itself under additional regulatory burdens. However, we must oppose this bill because it exacerbates the energy crisis at a time when we should be 

expanding our ability to provide clean, reliable sources of fuel. 

Many Members of Congress may not be aware of the unique nature of the Taunton River. While the upper segment of the River 

has some of the characteristics you may attribute to a ‘‘wild’’ or 

‘‘scenic’’ river, the lower portion is highly industrialized. In fact, the 

National Park Service stated this would be the ‘‘most industrialized’’ Wild and Scenic River ever. What beautiful scenery should 

one expect to find on a canoe trip down the Lower Taunton? Among 

other sights, you will see power plants, oil refineries, vessel repair 

docks, shipyards, dilapidated bridges, a battleship museum, yacht 

clubs, a designated port area, street lights, a hair salon, and even 

a McDonald’s. 

So why is this area targeted for designation? Proponents of the 

designation know that a designation under the Wild and Scenic 

Rivers Act will stop the planned liquefied natural gas terminal at 

Weaver’s Cove. Natural gas is a clean-burning source of energy 

that is desperately needed as our crisis continues to deepen. As 

previously stated, New England can do whatever damage it sees fit 

to itself (although come February, this source of home heating 

would be most welcome), but to punish the rest of the country by 

eliminating yet another source of energy is unacceptable. 

So how did it come to pass that this lower, ‘‘rustic’’ segment of 

the Taunton River was found eligible for designation? It appears 

the National Park Service and local environmental zealots found a 

loophole. This portion of the River is being designated for its ‘‘recreational values.’’ The only requirement for this designation is that 

the river be ‘‘free-flowing.’’ In other words, if gravity is pulling the 

water, it is free-flowing and therefore can be protected under the 

Wild and Scenic Rivers Act. 

When the Park Service studied the Taunton River, it came up 

with several alternatives. One alternative would have designated 

most of the River, but left the inappropriate areas out. The alternative included in this bill is known as the ‘‘environmentally preferred alternative.’’ During the Subcommittee on National Parks, 

Forests and Public Lands’ hearing on this bill, Subcommittee Ranking Republican Rob Bishop asked the Park Service official who 

wrote the report what ‘‘environmentally preferred alternative’’

means. His response surprised Congressman Bishop to the point 

where he had to ask him to repeat it. The Park Service witness 

stated that the environmentally preferred alternative ‘‘is what the 


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river would choose if it could speak.’’ We know that we have Members of the Natural Resources Committee who can speak for Polar 

Bears, but now we have a government agency interpreting the will 

of a river. This bill goes beyond the ridiculous. 

In the Natural Resources Committee markup, amendments were 

offered that would have allowed the Park Service to impose its federal zoning regulations in accordance with the will of the people of 

the Commonwealth but would have excluded the areas that have 

no business being described as ‘‘wild’’ or ‘‘scenic.’’ Unfortunately, 

these and other private property protections were flatly refused by 

the Democrats. 

It is our hope that a thorough debate under an open rule on the 

House Floor will provide Members the opportunity to reinstate 

some logical evaluation of this designation by protecting property 

rights and access to clean, affordable energy. 

In the meantime, we strongly oppose this bill, as should every 

American concerned about the high cost of energy in this country. 

DON YOUNG. 

ROB BISHOP. 

Æ 


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