I

104TH CONGRESS

2D SESSION H. R. 3405

To designate a portion of the Sudbury, Assabet, and Concord Rivers as

a component of the National Wild and Scenic Rivers System.

IN THE HOUSE OF REPRESENTATIVES

MAY 7, 1996

Mr. MEEHAN introduced the following bill; which was referred to the

Committee on Resources

A BILL

To designate a portion of the Sudbury, Assabet, and Concord

Rivers as a component of the National Wild and Scenic

Rivers System.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Sudbury, Assabet and

5 Concord Wild and Scenic Rivers Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) Title VII of Public Law 101–628—

9 (A) designated a 29 mile segment of the

10 Sudbury, Assabet, and Concord Rivers for
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1 study of potential addition to the National Wild

2 and Scenic Rivers System, and

3 (B) directed the Secretary of the Interior

4 to establish the Sudbury, Assabet, and Concord

5 River Study Committee (in this Act referred to

6 as the ‘‘Study Committee’’) to advise the Sec7 retary of the Interior in conducting the study

8 and concerning management alternatives should

9 the river be included in the National Wild and

10 Scenic Rivers System.

11 (2) The study determined that all three seg12 ments of these rivers are eligible for inclusion in the

13 National Wild and Scenic Rivers System based upon

14 their free-flowing condition and outstanding scenic,

15 recreation, wildlife, literary, and historic values.

16 (3) The towns that directly abut the segments,

17 including Framingham, Sudbury, Wayland, Lincoln,

18 Concord, Bedford, Carlisle, and Billerica, Massachu19 setts, have each demonstrated their desire for Na20 tional Wild and Scenic River Designation through

21 town meeting votes endorsing designation.

22 (4) During the study, the Study Committee and

23 the National Park Service prepared a comprehensive

24 management plan for the segment, entitled ‘‘Sud25 bury, Assabet and Concord Wild and Scenic River
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1 Study, River Conservation Plan’’, dated March 16,

2 1995, which establishes objectives, standards, and

3 action programs that will ensure long-term protec4 tion of the rivers’ outstanding values and compatible

5 management of their land and water resources.

6 (5) The Study Committee voted unanimously on

7 February 23, 1995, to recommend that the Congress

8 include these segments in the National Wild and

9 Scenic Rivers System for management in accordance

10 with the River Conservation Plan.

11 SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DES12 IGNATION.

13 Section 3(a) of the Wild and Scenic Rivers Act (16

14 U.S.C. 1274(a)) is amended by adding at the end the fol15 lowing new paragraphs:

16 ‘‘( ) SUDBURY, ASSABET AND CONCORD RIV17 ERS, MASSACHUSETTS.—

18 ‘‘(A) IN GENERAL.—The 29 miles of river

19 segments in Massachusetts consisting of the

20 Sudbury River from the Danforth Street Bridge

21 in Framingham downstream to its confluence

22 with the Assabet River at Egg Rock; the

23 Assabet River from a point 1,000 feet down24 stream of the Damondale Dam in Concord to

25 its confluence with the Sudbury River at Egg
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1 Rock; and the Concord River from its origin at

2 Egg Rock in Concord downstream to the Route

3 3 bridge in Billerica (in this paragraph referred

4 to as the ‘segments’), as scenic and recreational

5 river segments. The segments shall be adminis6 tered by the SUASCO River Stewardship Coun7 cil established under subparagraph (B) in co8 operation with the Secretary of the Interior,

9 through cooperative agreements under section

10 10(e) between the Secretary and the Common11 wealth of Massachusetts and its relevant politi12 cal subdivisions (including the towns of Fra13 mingham, Wayland, Sudbury, Lincoln, Concord,

14 Carlisle, Bedford, and Billerica), and shall be

15 managed in accordance with the plan entitled

16 ‘‘Sudbury, Assabet and Concord Wild and Sce17 nic River Study, River Conservation Plan’’

18 dated March 16, 1995 (in this paragraph re19 ferred to as the ‘Plan’). The amount expended

20 by the Federal Government for any activity im21 plementing the Plan may not exceed 50 percent

22 of the cost of the activity. For purposes of the

23 preceding sentence, the cost of an activity in24 cludes the value of in-kind contributions used

25 to carry out the activity. The Plan is deemed
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1 to satisfy the requirement for a comprehensive

2 management plan under section 3(d).

3 ‘‘(B) MANAGEMENT COMMITTEE.—To as4 sist in the long-term protection of the segments

5 and the implementation of this paragraph and

6 the Plan, the Secretary of the Interior shall es7 tablish the SUASCO River Stewardship Council

8 (in this paragraph referred to as the ‘Council’)

9 within 90 days after the date of enactment of

10 this paragraph. The membership, functions, re11 sponsibilities, and administrative procedures of

12 the Council shall be as set forth in the Plan.

13 The Council shall not be considered to be a

14 Federal advisory committee, and shall not be

15 subject to the provisions of the Federal Advi16 sory Committee Act (5 U.S.C. App.).

17 ‘‘(C) FEDERAL ROLE.—(i) The Director of

18 the National Park Service (in this paragraph

19 referred to as the ‘Director’) or his or her des20 ignee shall represent the Secretary in the imple21 mentation of the Plan and the provisions of this

22 Act with respect to the segments, including the

23 review of proposed federally assisted water re24 sources projects which could have a direct and

25 adverse effect on the values for which the seg-
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1 ment is established, as authorized under section

2 7(a).

3 ‘‘(ii) Pursuant to section 10(e) and section

4 11(b)(1), the Director shall offer to enter into

5 cooperative agreements with the Commonwealth

6 of Massachusetts, its relevant political subdivi7 sions, the Sudbury Valley Trustees, and the Or8 ganization for the Assabet River. Such coopera9 tive agreements shall be consistent with the

10 Plan and may include provisions for financial or

11 other assistance from the United States to fa12 cilitate the long-term protection, conservation

13 and enhancement of the segment.

14 ‘‘(iii) The Director may provide technical

15 assistance, staff support, and funding to assist

16 in the implementation of the Plan, except that

17 the total cost to the Federal Government of ac18 tivities to implement the Plan may not exceed

19 $100,000 each fiscal year.

20 ‘‘(iv) Notwithstanding the provisions of

21 section 10(c), any portion of the segments not

22 already within the National Park System shall

23 not under this paragraph—

24 ‘‘(I) become a part of the National

25 Park System;
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1 ‘‘(II) be managed by the National

2 Park System; or

3 ‘‘(III) be subject to regulations which

4 govern the National Park System.

5 ‘‘(D) WATER RESOURCES PROJECTS.—(i)

6 In determining whether a proposed water re7 sources project would have a direct and adverse

8 effect on the values for which the segments

9 were included in the National Wild and Scenic

10 Rivers System, the Secretary shall specifically

11 consider the extent to which the project is con12 sistent with the Plan.

13 ‘‘(ii) The Plan, including the detailed

14 Water Resources Study incorporated by ref15 erence therein and such additional analysis as

16 may be incorporated in the future, shall serve

17 as the primary source of information regarding

18 the flows needed to maintain instream resources

19 and potential compatibility between resource

20 protection and possible additional water with21 drawals.

22 ‘‘(E) LAND MANAGEMENT.—(i) The zoning

23 bylaws of the towns of Framingham, Sudbury,

24 Wayland, Lincoln, Concord, Carlisle, Bedford,

25 and Billerica, Massachusetts, as in effect on the
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1 date of enactment of this paragraph, are

2 deemed to satisfy the standards and require3 ments under section 6(c). For the purpose of

4 section 6(c), the towns are deemed to be ‘vil5 lages’ and the provisions of that section which

6 prohibit Federal acquisition of lands shall

7 apply.

8 ‘‘(ii) The United States Government shall

9 not acquire by any means title to land, ease10 ments, or other interests in land along the seg11 ments or their tributaries for the purposes of

12 designation of the segments under this para13 graph. Nothing in this Act shall prohibit Fed14 eral acquisition of interests in land along the

15 segments under other laws for other purposes.

16 ‘‘(F) DISTINCT LATERAL BOUNDARIES.—

17 Notwithstanding anything in section 3(b) of

18 this Act to the contrary, no distinct lateral

19 boundary shall be established for the segments,

20 as set forth in the Plan.

21 ‘‘(G) FUNDING.—There are authorized to

22 be appropriated to the Secretary to carry out

23 this paragraph not to exceed $100,000 for each

24 fiscal year.’’.

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