69–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 106–10

SUDBURY, ASSABET, AND CONCORD WILD AND SCENIC

RIVERS ACT

FEBRUARY 8, 1999.—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

REPORT

[To accompany H.R. 193]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 193) to designate a portion of the Sudbury, Assabet, and Concord Rivers as a component of the National Wild and Scenic Rivers

System, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of H.R. 193 is to designate portions of the Sudbury,

Assabet, and Concord Rivers as components of the National Wild

and Scenic Rivers System.

BACKGROUND AND NEED FOR LEGISLATION

The bill would amend the Wild and Scenic Rivers Act by designating 29 miles of the Sudbury, Assabet and Concord (SUASCO)

Rivers in Massachusetts as part of the National Wild and Scenic

Rivers System. The 29 miles of river were found suitable for inclusion in the Wild and Scenic Rivers System based on their free-flowing character and the presence of five outstandingly remarkable

river-related resources: ecology, history, literature, recreation and

scenery. The eligible segments for designation include: 16.6 miles

of the Sudbury River as scenic, 4.4 miles of the Assabet River as

recreational, and 8 miles of the Concord River as recreational.

Management of the SUASCO Rivers will be coordinated between

the National Park Service and the River Stewardship Council, as

described in the River Conservation Plan approved in March 1995.
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The federal responsibility will ensure that any federal water resource projects do not impede the Rivers’ free-flowing character,

while the local governments would retain their existing land use

authorities. The National Park Service at Minuteman National

Historical Park and the U.S. Fish and Wildlife Service at Great

Meadows National Wildlife Refuge will continue existing river

management within their boundaries. No additional federal land

acquisition, including easements, is authorized in this legislation.

The bill authorizes an appropriation to the Secretary of the Interior

to carry out the provisions of the bill of up to $100,000 per fiscal

year.

COMMITTEE ACTION

H.R. 193 was introduced on January 6, 1999, by Congressman

Martin Meehan (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 February 3, 1999, the Full Resources Committee met to consider the bill. No amendments were

offered and the bill 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
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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, February 4, 1999.

Hon. DON YOUNG,

Chairman, Committee on Resources,

U.S. House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 193, the Sudbury,

Assabet, and Concord Wild and Scenic River Act.

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

to provide them. The CBO staff contacts are Victoria Heid Hall (for

federal costs), and Majorie Miller (for the state and local impact).

Sincerely,

DAN L. CRIPPEN, Director.

Enclosure.

H.R. 193—Sudbury, Assabet, and Concord Wild and Scenic River

Act

CBO estimates that implementing H.R. 193 would not have a

significant impact on the federal budget. Because H.R. 193 would

not affect direct spending or receipts, pay-as-you-go procedures

would not apply. H.R. 193 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform

Act and would have no significant impact on the budgets of state,

local, or tribal governments.

H.R. 193 would designate 29 miles of river segments in Massachusetts as scenic and recreational rivers. The segments would be

administered by the Secretary of the Interior in cooperation with

the SUASCO River Stewardship Council, as provided for in a river

conservation plan prepared by the National Park Service (NPS)

and the Sudbury, Assabet, and Concord River Study Committee.

The bill would authorize the NPS to provide financial and other assistance to the Commonwealth of Massachusetts and relevant local

governments under cooperative agreements aimed at facilitating

the management of the newly designated river segments.

The bill would authorize the appropriation of up to $100,000 each

year to implement the river conservation plan, including financial

and other assistance to the state and local governments. For the

purposes of this estimate, CBO assumes that H.R. 193 will be enacted by the end of fiscal year 1999 and that the authorized funding will be appropriated for fiscal year 2000 and each subsequent

year. We estimate that outlays to implement the plan would total

about $500,000 over the 2000–2004 period, assuming appropriation

of the authorized amounts.

The CBO staff contacts are Victoria Heid Hall (for federal costs),

who can be reached at 226–2860, and Marjorie Miller (for the state

and local impact), who can be reached at 225–3220. This estimate

was approved by Robert A. Sunshine, Deputy Assistant Director for

Budget Analysis.
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COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

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 3 OF THE 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:

(1) * * *

* * * * * * *

ø( )¿ (157) (A) ELKHORN CREEK.—The 6.4 mile segment traversing federally administered lands from that point along the Willamette National Forest boundary on the common section line between

Sections 12 and 13, Township 9 South, Range 4 East, Willamette

Meridian, to that point where the segment leaves federal ownership along the Bureau of Land Management boundary in Section

1, Township 9 South, Range 3 East, Willamette Meridian, in the

following classes:

(i) a 5.8-mile wild river area, extending from that point along

the Willamette National Forest boundary on the common section line between Sections 12 and 13, Township 9 South, Range

4 East, Willamette Meridian, to its confluence with Buck Creek

in Section 1, Township 9 South, Range 3 East, Willamette Meridian, to be administered as agreed on by the Secretaries of

Agriculture and the Interior, or as directed by the President;

and

(ii) a 0.6-mile scenic river area, extending from the confluence with Buck Creek in Section 1, Township 9 South,

Range 3 East, Willamette Meridian, to that point where the

segment leaves federal ownership along the Bureau of Land

Management boundary in Section 1, Township 9 South, Range

3 East, Willamette Meridian, to be administered by the Secretary of Interior, or as directed by the President.

(B) Notwithstanding section 3(b) of this Act, the lateral

boundaries of both the wild river area and the scenic river

area along Elkhorn Creek shall include an average of not

more than 640 acres per mile measured from the ordinary

high water mark on both sides of the river.

ø( )¿ (158) CLARION RIVER, PENNSYLVANIA.—The 51.7-mile

segment of the main stem of the Clarion River from the Allegheny National Forest/State Game Lands Number 44 boundary, located approximately 0.7 miles downstream from the

Ridgway Borough limit, to an unnamed tributary in the backwaters of Piney Dam approximately 0.6 miles downstream

from Blyson Run, to be administered by the Secretary of Agriculture in the following classifications:
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(A) The approximately 8.6-mile segment of the main

stem from the Allegheny National Forest/State Game

Lands Number 44 boundary, located approximately 0.7

miles downstream from the Ridgway Borough limit, to

Portland Mills, as a recreational river.

(B) The approximately 8-mile segment of the main stem

from Portland Mills to the Allegheny National Forest

boundary, located approximately 0.8 miles downstream

from Irwin Run, as a scenic river.

(C) The approximately 26-mile segment of the main stem

from the Allegheny National Forest boundary, located approximately 0.8 miles downstream from Irwin Run, to the

State Game Lands 283 boundary, located approximately

0.9 miles downstream from the Cooksburg bridge, as a recreational river.

(D) The approximately 9.1-mile segment of the main

stem from the State Game Lands 283 boundary, located

approximately 0.9 miles downstream from the Cooksburg

bridge, to an unnamed tributary at the backwaters of

Piney Dam, located approximately 0.6 miles downstream

from Blyson Run, as a scenic river.

ø( )¿ (159) LAMPREY RIVER, NEW HAMPSHIRE.—The 11.5-mile

segment extending from the southern Lee town line to the confluence with the Piscassic River in the vicinity of the DurhamNewmarket town line (hereinafter in this paragraph referred to as

the ‘‘segment’’) as a recreational river. The segment shall be administered by the Secretary of the Interior through cooperation agreements between the Secretary and the State of New Hampshire and

its relevant political subdivisions, namely the towns of Durham,

Lee, and Newmarket, pursuant to section 10(e) of this Act. The segment shall be managed in accordance with the Lamprey River

Management Plan dated January 10, 1995, and such amendments

thereto as the Secretary of the Interior determines are consistent

with this Act. Such plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section

3(d) of this Act.

ø( )¿ (160) (A) ELKHORN CREEK.—The 6.4-mile segment traversing federally administered lands from that point along the Willamette National Forest boundary on the common section line between

Sections 12 and 13, Township 9 South, Range 4 East, Willamette

Meridian, to that point where the segment leaves Federal ownership along the Bureau of Land Management boundary in Section

1, Township 9 South, Range 3 East, Willamette Meridian, in the

following classes:

(i) a 5.8-mile wild river area, extending from that point along

the Willamette National Forest boundary on the common section line between Sections 12 and 13, Township 9 South, Range

4 East, Willamette Meridian, to its confluence with Buck Creek

in Section 1, Township 9 South, Range 3 East, Willamette Meridian, to be administered as agreed on by the Secretaries of

Agriculture and the Interior, or as directed by the President;

and

(ii) a 0.6-mile scenic river area, extending from the confluence with Buck Creek in Section 1, Township 9 South,
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Range 3 East, Willamette Meridian, to that point where the

segment leaves Federal ownership along the Bureau of Land

Management boundary in Section 1, Township 9 South, Range

3 East, Willamette Meridian, to be administered by the Secretary of Interior, or as directed by the President.

(B) Notwithstanding section 3(b) of this Act, the lateral boundaries of both the wild river area and the scenic river area along

Elkhorn Creek shall include an average of not more than 640 acres

per mile measured from the ordinary high water mark on both

sides of the river.

(b) The agency charged with the administration of each component of the national wild and scenic rivers system designated by

subsection (a) of this section shall, within one year from the date

of designation of such component under subsection (a) (except

where a different date if provided in subsection (a)), establish detailed boundaries therefor (which boundaries shall include an average of not more than 320 acres of land per mile measured from the

ordinary high water mark on both sides of the river); and determine which of the classes outlined in section 2, subsection (b), of

this Act best fit the river or its various segments.

Notice of the availability of the boundaries and classification, and

of subsequent boundary amendments shall be published in the Federal Register and shall not become effective until ninety days after

they have been forwarded to the President of the Senate and the

Speaker of the House of Representatives.

(c) Maps of all boundaries and descriptions of the classifications

of designated river segments, and subsequent amendments to such

boundaries, shall be available for public inspection in the offices of

the administering agency in the District of Columbia and in locations convenient to the designated river.

(d)(1) For rivers designated on or after January 1, 1986, the Federal agency charged with the administration of each component of

the National Wild and Scenic Rivers System shall prepare a comprehensive management plan for such river segment to provide for

the protection of the river values. The plan shall address resource

protection, development of lands and facilities, user capacities, and

other management practices necessary or desirable to achieve the

purposes of this Act. The plan shall be coordinated with and may

be incorporated into resource management planning for affected adjacent Federal lands. The plan shall be prepared, after consultation

with State and local governments and the interested public within

3 full fiscal years after the date of designation. Notice of the completion and availability of such plans shall be published in the Federal Register.

(2) For rivers designated before January 1, 1986, all boundaries,

classifications, and plans shall be reviewed for conformity within

the requirements of this subsection within 10 years through regular agency planning processes.

(161) 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.
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(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.

* * * * * * *

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