II 

Calendar No. 787 

110TH CONGRESS 

2D SESSION S. 868 

[Report No. 110–355] 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 13, 2007 

Mr. KENNEDY (for himself and Mr. KERRY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

JUNE 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

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


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1 SECTION 1. TAUNTON RIVER, MASSACHUSETTS. 

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

3 U.S.C. 1274(a)) is amended— 

4 (1) by redesignating paragraph (167) (relating 

5 to the Musconetcong River, New Jersey) as para6 graph (169); 

7 (2) by designating the undesignated paragraph 

8 relating to the White Salmon River, Washington, as 

9 paragraph (167); 

10 (3) by designating the undesignated paragraph 

11 relating to the Black Butte River, California, as 

12 paragraph (168); and 

13 (4) by adding at the end the following: 

14 ‘‘(170) TAUNTON RIVER, MASSACHUSETTS.— 

15 The segment downstream from the headwaters, from 

16 the confluence of the Town River and the Matfield 

17 River in Bridgewater to the Mount Hope Bay in the 

18 city of Fall River, Massachusetts.’’. 

19 SECTION 1. DESIGNATION OF TAUNTON RIVER, MASSACHU20 SETTS. 

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

22 U.S.C. 1274(a)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(171) TAUNTON RIVER, MASSACHUSETTS.—The 

25 main stem of the Taunton River from its headwaters 

26 at the confluence of the Town and Matfield Rivers in 


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1 the Town of Bridgewater downstream 40 miles to the 

2 confluence with the Quequechan River at the Route 

3 195 Bridge in the City of Fall River, to be adminis4 tered by the Secretary of the Interior in cooperation 

5 with the Taunton River Stewardship Council as fol6 lows: 

7 ‘‘(A) The 18-mile segment from the con8 fluence of the Town and Matfield Rivers to Route 

9 24 in the Town of Raynham, as a scenic river. 

10 ‘‘(B) The 5-mile segment from Route 24 to 

11 0.5 miles below Weir Bridge in the City of Taun12 ton, as a recreational river. 

13 ‘‘(C) The 8-mile segment from 0.5 miles 

14 below Weir Bridge to Muddy Cove in the Town 

15 of Dighton, as a scenic river. 

16 ‘‘(D) The 9-mile segment from Muddy Cove 

17 to the confluence with the Quequechan River at 

18 the Route 195 Bridge in the City of Fall River, 

19 as a recreational river.’’. 

20 SEC. 2. MANAGEMENT OF TAUNTON RIVER, MASSACHU21 SETTS. 

22 (a) TAUNTON RIVER STEWARDSHIP PLAN.— 

23 (1) IN GENERAL.—Each river segment des24 ignated by section 3(a)(171) of the Wild and Scenic 

25 Rivers Act (as added by section 1) shall be managed 


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1 in accordance with the Taunton River Stewardship 

2 Plan, dated July 2005 (including any amendment to 

3 the Taunton River Stewardship Plan that the Sec4 retary of the Interior (referred to in this section as 

5 the ‘‘Secretary’’) determines to be consistent with this 

6 Act). 

7 (2) EFFECT.—The Taunton River Stewardship 

8 Plan described in paragraph (1) shall be considered 

9 to satisfy each requirement relating to the comprehen10 sive management plan required under section 3(d) of 

11 the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). 

12 (b) COOPERATIVE AGREEMENTS.—To provide for the 

13 long-term protection, preservation, and enhancement of 

14 each river segment designated by section 3(a)(171) of the 

15 Wild and Scenic Rivers Act (as added by section 1), pursu16 ant to sections 10(e) and 11(b)(1) of the Wild and Scenic 

17 Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Sec18 retary may enter into cooperative agreements (which may 

19 include provisions for financial and other assistance) 

20 with— 

21 (1) the Commonwealth of Massachusetts (includ22 ing political subdivisions of the Commonwealth of 

23 Massachusetts); 

24 (2) the Taunton River Stewardship Council; and 


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1 (3) any appropriate nonprofit organization, as 

2 determined by the Secretary. 

3 (c) RELATION TO NATIONAL PARK SYSTEM.—Notwith4 standing section 10(c) of the Wild and Scenic Rivers Act 

5 (16 U.S.C. 1281(c)), each river segment designated by sec6 tion 3(a)(171) of the Wild and Scenic Rivers Act (as added 

7 by section 1) shall not be— 

8 (1) administered as a unit of the National Park 

9 System; or 

10 (2) subject to the laws (including regulations) 

11 that govern the administration of the National Park 

12 System. 

13 (d) LAND MANAGEMENT.— 

14 (1) ZONING ORDINANCES.—The zoning ordi15 nances adopted by the Towns of Bridgewater, Hali16 fax, Middleborough, Raynham, Berkley, Dighton, 

17 Freetown, and Somerset, and the Cities of Taunton 

18 and Fall River, Massachusetts (including any provi19 sion of the zoning ordinances relating to the conserva20 tion of floodplains, wetlands, and watercourses associ21 ated with any river segment designated by section 

22 3(a)(171) of the Wild and Scenic Rivers Act (as 

23 added by section 1)), shall be considered to satisfy 

24 each standard and requirement described in section 


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1 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 

2 1277(c)). 

3 (2) VILLAGES.—For the purpose of section 6(c) 

4 of the Wild and Scenic Rivers Act (16 U.S.C. 

5 1277(c)), each town described in paragraph (1) shall 

6 be considered to be a village. 

7 (3) ACQUISITION OF LAND.— 

8 (A) LIMITATION OF AUTHORITY OF SEC9 RETARY.—With respect to each river segment 

10 designated by section 3(a)(171) of the Wild and 

11 Scenic Rivers Act (as added by section 1), the 

12 Secretary may only acquire parcels of land— 

13 (i) by donation; or 

14 (ii) with the consent of the owner of the 

15 parcel of land. 

16 (B) PROHIBITION RELATING TO ACQUISI17 TION OF LAND BY CONDEMNATION.—In accord18 ance with section 6(c) of the Wild and Scenic 

19 Rivers Act (16 U.S.C. 1277(c)), with respect to 

20 each river segment designated by section 

21 3(a)(171) of the Wild and Scenic Rivers Act (as 

22 added by section 1), the Secretary may not ac23 quire any parcel of land by condemnation. 


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Calendar No. 787 

110TH CONGRESS 

2D SESSION S. 868 

[Report No. 110

–355] 

A BILL 

To amend the Wild and Scenic Rivers Act to desof the National Wild and Scenic Rivers System. Commonwealth of Massachusetts as a component ignate segments of the Taunton River in the 

JUNE 16, 2008 

Reported with an amendment 


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