79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–678

TAUNTON RIVER WILD AND SCENIC RIVER STUDY ACT OF

2000

JUNE 19, 2000.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. YOUNG of Alaska, from the Committee on Resources,

submitted the following

R E P O R T

[To accompany H.R. 2778]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 2778) to amend the Wild and Scenic Rivers Act to designate

segments of the Taunton River in the Commonwealth of Massachusetts for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes, 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 out all after the enacting clause and insert in lieu thereof

the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Taunton River Wild and Scenic River Study Act

of 2000’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) the Taunton River in the State of Massachusetts possesses important resource values (including wildlife, ecological, and scenic values), historic sites,

and a cultural past important to the heritage of the United States;

(2) there is strong support among State and local officials, area residents, and

river users for a cooperative wild and scenic river study of the area; and

(3) there is a longstanding interest among State and local officials, area residents, and river users in undertaking a concerted cooperative effort to manage

the river in a productive and meaningful way.

SEC. 3. DESIGNATION FOR STUDY.

Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended—

(1) by designating the undesignated paragraph following (135) as paragraph

(136); and

(2) by adding at the end the following:

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‘‘(137) TAUNTON RIVER, MASSACHUSETTS.—The segment downstream from the

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

Bridgewater to the confluence with the Forge River in Raynham, Massachusetts.’’.

SEC. 4. STUDY AND REPORT.

Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended—

(1) by redesignating the second paragraph (8) as paragraph (10);

(2) by redesignating the second paragraph (11) as paragraph (12);

(3) by redesignating the third paragraph (11) as paragraph (13);

(4) by redesignating the fourth paragraph (11) as paragraph (14);

(5) by redesignating the first undesignated paragraph as paragraph (15);

(6) by redesignating the second undesignated paragraph as paragraph (16);

(7) in paragraph (16), as so redesignated by paragraph (6) of this subsection,

by striking ‘‘paragraph ( )’’ and inserting ‘‘paragraph (136)’’; and

(8) by adding at the end the following:

‘‘(17) TAUNTON RIVER, MASSACHUSETTS.—Not later than 3 years after the date of

enactment of this paragraph, the Secretary of the Interior—

‘‘(A) shall complete the study of the Taunton River, Massachusetts; and

‘‘(B) shall submit to Congress a report describing the results of the study.’’.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out

this Act.

PURPOSE OF THE BILL

The purpose of H.R. 2778 is to amend the Wild and Scenic Rivers

Act to designate segments of the Taunton River in the Commonwealth of Massachusetts for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes.

BACKGROUND AND NEED FOR LEGISLATION

H.R. 2778 would amend the Wild and Scenic Rivers Act to authorize a study of the Taunton River in Massachusetts to determine whether the river meets the requirements for inclusion into

the Wild and Scenic Rivers System. This river contains a variety

of wildlife, ecological, and scenic resources, and also possesses a

number of historical and cultural sites important to America’s heritage. The Taunton was the first river the Pilgrims crossed as they

spread inland from the coast of Massachusetts, and for centuries

served as an avenue for trade among American Indians and European settlers.

The three-year study authorized by H.R. 2778 has strong support

from State and local officials, residents, and river users. This

study, conducted by the Secretary of the Interior, will be submitted

to Congress describing the results.

COMMITTEE ACTION

H.R. 2778 was introduced on August 5, 1999, by Congressman

John Joseph Moakley (D-MA). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks and Public Lands. On April 13, 2000,

the Subcommittee met to consider the bill. An amendment was offered by Congressman Carlos Romeo-Barcelo ́ (D-PR), which specified that certain portions of the river are to be included in the

study and also made technical corrections in the numbering sequence of rivers in the Wild and Scenic Rivers Act. The amendment

was adopted by voice vote and the bill, as amended, was then ordered favorably reported by to the Full Committee by voice vote.

On June 7, 2000, the Full Resources Committee met to consider the

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bill. No further amendments were offered and the bill, as amended,

was ordered favorably reported to the House of Representatives by

voice vote.

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 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. Government Reform Oversight Findings. Under clause 3(c)(4)

of rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform on this

bill.

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:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, June 15, 2000.

Hon. DON YOUNG,

Chairman, Committee on Resources,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2778, the Taunton River

Wild and Scenic River Study Act of 2000.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Megan Carroll.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

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H.R. 2778—Taunton River Wild and Scenic River Study Act of 2000

H.R. 2778 would direct the Secretary of the Interior to study segments of the Taunton River in Massachusetts for potential addition

to the Wild and Scenic Rivers System. The legislation would require the Secretary to complete the study wihin three years of enactment. Based on information from the National Park Service

(NPS), CBO estimates that carrying out the study would cost

$400,000 over the next three years, assuming the availability of

approriated funds. Because enacting H.R. 2778 would not affect direct spending or receipts, pay-as-you-go procedures would not

apply.

H.R. 2778 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would

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

On November 21, 1999, CBO transmitted a cost estimate for S.

1569, the Taunton River Wild and Scenic River Study Act of 1999,

as ordered reported by the Senate Committee on energy and Natural Resources on October 20, 1999. Differences between the cost

estimates for these pieces of legislation reflect new information

from the NPS regarding the cost of the study authorized under

each version of the legislation.

The CBO staff contact is Megan Carroll. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget

Analysis.

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

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 (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):

SECTION 5 OF THE WILD AND SCENIC RIVERS ACT

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

(1) Allegheny, Pennsylvania: The segment from its mouth to the

town of East Brady, Pennsylvania.

* * * * * * *

ø( )¿ (136) WEKIVA RIVER, FLORIDA.—(A) The entire river.

(B) The Seminole Creek tributary.

(C) The Rock Springs Run tributary.

(137) TAUNTON RIVER, MASSACHUSETTS.—The segment downstream from the headwaters, from the confluence of the Town River

and the Matfield River in Bridgewater to the confluence with the

Forge River in Raynham, Massachusetts.

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(b)(1) The studies of rivers named in subparagraphs (28) through

(55) of subsection (a) of this section shall be completed and reports

thereon submitted by not later than October 2, 1979: Provided,

That with respect to the rivers named in subparagraphs (33), (50),

and (51), the Secretaries shall not commence any studies until (i)

the State legislature has acted with respect to such rivers or (ii)

one year from the date of enactment of this Act, whichever is earlier. Studies of the river named in paragraphs (38), (55), (83), and

(87) shall be completed and the reports transmitted to the Congress

not later than January 1, 1987.

* * * * * * *

ø(8)¿ (10) The study of the river named in paragraph (106) of

subsection (a) shall be completed not later than three years after

the date of enactment of this paragraph. In carrying out the study,

the Secretary of the Interior shall consult with the Governors of

the States of Florida and Georgia or their representatives, representatives of affected local governments, and owners of land adjacent to the river. Such consultation shall include participation in

the assessment of resource values and the development of alternatives for the protection of those resource values, and shall be carried out through public meetings and media notification. The study

shall also include a recommendation on the part of the Secretary

as to the role the States, local governments and landowners should

play in the management of the river if it were designated as a component of the National Wild and Scenic Rivers System.

* * * * * * *

ø(11)¿ (12)(A) The study of the White Clay Creek in Delaware

and Pennsylvania shall be completed and the report submitted not

later than 3 years after the date of enactment of this paragraph.

(B) In carrying out the study, the Secretary of the Interior shall

prepare a map of the White Clay Creek watershed in Delaware and

Pennsylvania, and shall develop a recommended management plan

for the White Clay Creek. The plan shall provide recommendations

as to the protection and management of the White Clay Creek, including the role the State and local governments, and affected

landowners, should play in the management of the White Clay

Creek if it is designated as a component of the National Wild and

Scenic Rivers System.

(C) The Secretary shall prepare the study, including the recommended management plan, in cooperation and consultation with

appropriate State and local governments, and affected landowners.

ø(11)¿ (13) The study of segments of the Brule, Carp, Little

Manistee, White, Paint, Presque Isle, Ontonagon, Sturgeon (Hiawatha), Sturgeon (Ottawa), Whitefish, and Tahquamenon Rivers in

Michigan under subsection (a) shall be completed by the Secretary

of Agriculture and the report submitted thereon not later than at

the end of the third fiscal year beginning after the date of enactment of this paragraph. For purposes of such river studies, the Secretary shall consult with each River Study Committee authorized

under section 5 of the Michigan Scenic Rivers Act of 1990, and

shall encourage public participation and involvement through hearings, workshops, and such other means as are necessary to be effective.

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ø(11)¿ (14)(A) The study of the Delaware River segments and

tributaries designated for potential addition to the National Wild

and Scenic Rivers System pursuant to section 5(a)( ) of this Act

shall be completed and the report submitted to Congress not later

than one year after the date of enactment of this paragraph.

(B) The Secretary shall—

(i) prepare the study in cooperation and consultation with

appropriate Federal, State, regional, and local agencies, including but not limited to, the Pennsylvania Department of Environmental Resources, the New Jersey Department of Environmental Protection and Energy, the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission, and the

Delaware and Raritan Canal Commission; and

(ii) consider previous plans for the protection of affected cultural, recreational, and natural resources (including water supply and water quality) and existing State and local regulations,

so as to avoid unnecessary duplication.

(C) Pursuant to section 11(b)(1) of this Act, the Secretary shall

undertake a river conservation plan for the segment of the Delaware River from the northern city limits of Trenton, New Jersey,

to the Southern boundary of Bucks County, Pennsylvania.

ø( )¿ (15) The study of the Rio Grande in New Mexico shall be

completed and the report submitted not later than 3 years after the

date of enactment of this paragraph.

ø( )¿ (16) The study of the Wekiva River and the tributaries

designated in paragraph ø( )¿ (136) of subsection (a) shall be completed and the report transmitted to Congress not later than two

years after the date of the enactment of this paragraph.

(17) TAUNTON RIVER, MASSACHUSETTS.—Not later than 3 years

after the date of enactment of this paragraph, the Secretary of the

Interior—

(A) shall complete the study of the Taunton River, Massachusetts; and

(B) shall submit to Congress a report describing the results of the study.

* * * * * * *

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