29–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 113–166 

NASHUA RIVER WILD AND SCENIC RIVER STUDY ACT 

JULY 22, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 412] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 412) to amend the Wild and Scenic Rivers Act to designate segments of the mainstem of the Nashua River and its tributaries 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 all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Nashua River Wild and Scenic River Study Act’’. 

SEC. 2. DESIGNATION FOR STUDY. 

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

adding at the end the following: 

‘‘(lll) NASHUA RIVER, MASSACHUSETTS.—(A) The approximately 19-mile 

segment of the mainstem of the Nashua River from the confluence of the North 

and South Nashua Rivers in Lancaster, Massachusetts, north to the Massachusetts/New Hampshire State line, except the approximately 4.8-mile segment of 

the mainstem of the Nashua River from the Route 119 bridge in Groton, Massachusetts, downstream to its confluence with the Nissitissit River in Pepperell, 

Massachusetts. 

‘‘(B) The 10-mile segment of the Squannacook River from its headwaters at 

Ash Swamp downstream to its confluence with the Nashua River in Shirley/ 

Ayer, Massachusetts. 

‘‘(C) The 3.5-mile segment of the Nissitissit River from the Massachusetts/ 

New Hampshire State line downstream to its confluence with the Nashua River 

in Pepperell, Massachusetts.’’. 


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SEC. 3. STUDY AND REPORT. 

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

adding at the end the following: 

‘‘(ll) STUDY AND REPORT.—Not later than 3 years after the date on which 

funds are made available to carry out this paragraph, the Secretary of the Interior shall complete the study of the Nashua River in Massachusetts and New 

Hampshire, as described in subsection (a) (lll), and submit a report describing the results of that study to the Committee on Natural Resources of the 

House of Representatives and the Committee on Energy and Natural Resources 

of the Senate.’’. 

SEC. 4. REPORT REQUIREMENTS. 

The report required under section 3 of this Act shall— 

(1) include a discussion of the effect of the designation of the area to be studied under this Act under the Wild and Scenic Rivers Act on— 

(A) existing commercial and recreational activities, such as hunting, fishing, trapping, recreational shooting, motor boat use, or bridge construction; 

(B) the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure; and 

(C) the authority of State and local governments to manage those activities encompassed in subparagraphs (A) and (B); and 

(2) identify— 

(A) all authorities that will authorize or require the Secretary of the Interior to influence local land use decisions (such as zoning) or place restrictions on non-Federal land if the area studied under this Act is designated 

under the Wild and Scenic Rivers Act; 

(B) all authorities that the Secretary of the Interior may use to condemn 

property if the area studied under this Act is designated under the Wild 

and Scenic Rivers Act; and 

(C) all private property located in the area to be studied under this Act. 

PURPOSE OF THE BILL

The purpose of H.R. 412 is to amend the Wild and Scenic Rivers 

Act to designate segments of the mainstem of the Nashua River 

and its tributaries in the Commonwealth of Massachusetts for 

study for potential addition to the National Wild and Scenic Rivers 

System. 

BACKGROUND AND NEED FOR LEGISLATION

Rivers that may be included in the Wild and Scenic Rivers program operated by the National Park Service (NPS) are normally 

first studied for their suitability. H.R. 412 authorizes a study of 

32.5 miles of the Nashua, Squannacook and Nissitissit Rivers, but 

would except a 4.8-mile segment that is currently the subject of a 

Federal Energy Regulatory Commission licensing proceeding for an 

existing hydroelectric facility. The rivers will be evaluated on their 

‘‘free-flowing’’ condition and classified as wild, scenic or recreational depending on the amount of development on and near the 

river segment. 

The Wild and Scenic Rivers Act of 1968 was intended to put a 

development freeze on rivers to preserve their ‘‘free-flowing’’ values 

against the influx of manmade dams being constructed at the time. 

Temporary restrictions of actions involving federal participation accompany the designation of a river during the study period. 

H.R. 412 requires that in the course of the study, the NPS consider the effect of designation on commercial and recreational uses, 

such as hunting, fishing and boating. Also, the study must look at 

the impact on construction and maintenance of energy production 

and transmission. The study will identify private property within 

the study area and all authorities that could be utilized to condemn 

land. 


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Concerns have been raised that the Wild and Scenic Rivers Act 

contains several authorities allowing the condemnation of private 

property. As Wild and Scenic Rivers are purported to be locallydriven projects, the Committee sees no reason why property owners 

should be left in the dark regarding the inclusion of their property 

in a federal designation. For the study process to be authentically 

derived from the community, the facts and limitations on property 

rights that may result from a designation must be revealed. 

Finally, the study will identify those authorities that compel NPS 

to involve itself in local zoning. While federal designation of the 

Nashua, Squannacook and Nissitissit Rivers may be appealing to 

some, the community should be aware that the Wild and Scenic 

Rivers Act requires local zoning to conform to the dictates of the 

Act. Representatives of the federal government would have a role 

in the development of local zoning ordinances. 

COMMITTEE ACTION

H.R. 412 was introduced on January 23, 2013, by Congresswoman Niki Tsongas (D–MA). The bill was referred to the Committee on Natural Resources, and within the Committee to the 

Subcommittee on Public Lands and Environmental Regulation. On 

June 6, 2013, the Subcommittee on Public Lands and Environmental Regulation held a hearing on the bill. On June 12, 2013, 

the Full Natural Resources Committee met to consider the bill. The 

Subcommittee on Public Lands and Environmental Regulation was 

discharged by unanimous consent. Congresswoman Tsongas offered 

an amendment designated #1 to the bill; the amendment was 

adopted by unanimous consent. The bill, as amended, was then 

adopted and ordered favorably reported to the House of Representatives by unanimous consent. 

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. 

COMPLIANCE WITH HOUSE RULE XIII 

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

H.R. 412—Nashua River Wild and Scenic River Study Act 

H.R. 412 would require the National Park Service (NPS) to study 

segments of the Nashua River in Massachusetts and New HampVerDate Mar 15 2010 05:27 Jul 24, 2013 Jkt 029006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR166.XXX HR166

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shire for potential addition to the Wild and Scenic Rivers System. 

Based on information provided by the NPS, CBO estimates that 

implementing the legislation would cost about $350,000 over the 

next three years, assuming the availability of appropriated funds. 

Enacting H.R. 412 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

H.R. 412 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of 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, credit authority, or an increase or decrease in revenues or tax expenditures. 

Based on information provided by the NPS, CBO estimates that 

implementing the legislation would cost about $350,000 over the 

next three years, assuming the availability of appropriated funds. 

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 mainstem of the Nashua River and its tributaries 

in the Commonwealth of Massachusetts for study for potential addition to the National Wild and Scenic Rivers System. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

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

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 


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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. 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. 

(2) Bruneau, Idaho: The entire main stem. 

(3) Buffalo, Tennessee: The entire river. 

(4) Chattooga, North Carolina, South Carolina, and Georgia: The 

entire river. 

(5) Clarion, Pennsylvania: The segment between Ridgway and its 

confluence with the Allegheny River. 

(6) Delaware, Pennsylvania and New York: The segment from 

Hancock, New York, to Matamoras, Pennsylvania. 

(7) Flathead, Montana: The North Fork from the Canadian border downstream to its confluence with the Middle Fork; the Middle 

Fork from its headwaters to its confluence with the South Fork; 

and the South Fork from its origin to Hungry Horse Reservoir. 

(8) Gasconade, Missouri: The entire river. 

(9) Illinois, Oregon: The entire river. 

(10) Little Beaver, Ohio: The segment of the North and Middle 

Forks of the Little Beaver River in Columbiana County from a 

point in the vicinity of Negly and Elkton, Ohio, downstream to a 

point in the vicinity of East Liverpool, Ohio. 

(11) Little Miami, Ohio: That segment of the main stem of the 

river, exclusive of its tributaries, from a point at the WarrenClermont County line at Loveland, Ohio, upstream to the sources 

of Little Miami including North Fork. 

(12) Maumee, Ohio and Indiana: The main stem from 

Perrysburg, Ohio, to Fort Wayne, Indiana, exclusive of its tributaries in Ohio and inclusive of its tributaries in Indiana. 

(13) Missouri, Montana: The segment between Fort Benton and 

Ryan Island. 

(14) Moyie, Idaho: The segment from the Canadian border to its 

confluence with the Kootenai River. 

(15) Obed, Tennessee: The entire river and its tributaries, Clear 

Creek and Daddys Creek. 

(16) Penobscot, Maine: Its east and west branches. 

(17) Pere Marquette, Michigan: The entire river. 

(18) Pine Creek, Pennsylvania: the segment from Ansonia to 

Waterville. 

(19) Priest, Idaho: The entire main stem. 

(20) Rio Grande, Texas: The portion of the river between the 

west boundary of Hudspeth County and the east boundary of 

Terrell County on the United States side of the river: Provided, 

That before undertaking any study of this potential scenic river, 

the Secretary of the Interior shall determine, through the channels 


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of appropriate executive agencies, that Mexico has no objection to 

its being included among the studies authorized by this Act. 

(21) Saint Croix, Minnesota and Wisconsin: The segment between the dam near Taylors Falls and its confluence with the Mississippi River. 

(22) Saint Joe, Idaho: The entire main stem. 

(23) Salmon, Idaho: The segment from the town of North Fork 

to its confluence with the Snake River. 

(24) Skagit, Washington: The segment from the town of Mount 

Vernon to and including the mouth of Bacon Creek; the Cascade 

River between its mouth and the junction of its North and South 

Forks; the South Fork to the boundary of the Glacier Peak Wilderness Area; the Suiattle River from its mouth to the Glacier Peak 

Wilderness Area boundary at Milk Creek; the Sauk River from its 

mouth to its junction with Elliott Creek; the North Fork of the 

Sauk River from its junction with the South Fork of the Sauk to 

the Glacier Peak Wilderness Area boundary. 

(25) Suwannee, Georgia and Florida: The entire river from its 

source in the Okefenokee Swamp in Georgia to the gulf and the 

outlying Ichetucknee Springs, Florida. 

(26) Upper Iowa, Iowa: The entire river. 

(27) Youghiogheny, Maryland and Pennsylvania: The segment 

from Oakland, Maryland, to the Youghiogheny Reservoir, and from 

the Youghiogheny Dam downstream to the town of Connellsville, 

Pennsylvania. 

(28) American, California: The North Fork from the Cedars to 

the Auburn Reservoir. 

(29) Au Sable, Michigan: The segment downstream from Foot 

Dam to Oscoda and upstream from Loud Reservoir to its source, including its principal tributaries and excluding Mio and Bamfield 

Reservoirs. 

(30) Big Thompson, Colorado: The segment from its source to the 

boundary of Rocky Mountain National Park. 

(31) Cache la Poudre, Colorado: Both forks from their sources to 

their confluence, thence the Cache la Poudre to the eastern boundary of Roosevelt National Forest. 

(32) Cahaba, Alabama: The segment from its junction with 

United States Highway 31 south of Birmingham downstream to its 

junction with United States Highway 80 west of Selma. 

(33) Clarks Fork, Wyoming: The segment from the Clark’s Fork 

Canyon to the Crandall Creek Bridge. 

(34) Colorado, Colorado and Utah: The segment from its confluence with the Dolores River, Utah, upstream to a point 19.5 

miles from the Utah-Colorado border in Colorado. 

(35) Conejos, Colorado: The three forks from their sources to 

their confluence, thence the Conejos to its first junction with State 

Highway 17, excluding Platoro Reservoir. 

(36) Elk, Colorado: The segment from its source to Clark. 

(37) Encampment, Colorado: The Main Fork and West Fork to 

their confluence, thence the Encampment to the Colorado-Wyoming 

border, including the tributaries and headwaters. 

(38) Green, Colorado: The entire segment within the State of Colorado. 


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(39) Gunnison, Colorado: The segment from the upstream (southern) boundary of the Black Canyon of the Gunnison National 

Monument to its confluence with the North Fork. 

(40) Illinois, Oklahoma: The segment from Tenkiller Ferry Reservoir upstream to the Arkansas-Oklahoma border, including the 

Flint and Barren Fork Creeks. 

(41) John Day, Oregon: The main stem from Service Creek 

Bridge (at river mile 157) downstream to Tumwater Falls (at river 

mile 10). 

(42) Kettle, Minnesota: The entire segment within the State of 

Minnesota. 

(43) Los Pinos, Colorado: The segment from its source, including 

the tributaries and headwaters within the San Juan Primitive 

Area, to the northern boundary of the Granite Peak Ranch. 

(44) Manistee, Michigan: The entire river from its source to 

Manistee Lake, including its principal tributaries and excluding 

Tippy and Hodenpyl Reservoirs. 

(45) Nolichuckey, Tennessee and North Carolina: The entire 

main stem. 

(46) Owyhee, South Fork, Oregon: The main stem from the Oregon-Idaho border downstream to the Owyhee Reservoir. 

(47) Piedra, Colorado: The Middle Fork and East Fork from their 

sources to their confluence, thence the Piedra to its junction with 

Colorado Highway 10. 

(48) Shepaug, Connecticut: The entire river. 

(49) Sipsey Fork, West Fork, Alabama: The segment, including 

its tributaries, from the impoundment formed by the Lewis M. 

Smith Dam upstream to its source in the William B. Bankhead National Forest. 

(50) Snake, Wyoming: The segment from the southern boundaries of Teton National Park to the entrance to Palisades Reservoir. 

(51) Sweetwater, Wyoming: The segment from Wilson Bar downstream to Spring Creek. 

(52) Tuolumne, California: The main river from its source on 

Mount Dana and Mount Lyell in Yosemite National Park to Don 

Pedro Reservoir. 

(53) Upper Mississippi, Minnesota: The segment from its source 

at the outlet of Itasca Lake to its junction with the northwestern 

boundary of the city of Anoka. 

(54) Wisconsin, Wisconsin: The segment from Prarie du Sac to its 

confluence with the Mississippi River at Prairie du Chien. 

(55) Yampa, Colorado: The segment within the boundaries of the 

Dinosaur National Monument. 

(56) Dolores, Colorado: The segment of the main stem from Rico 

upstream to its source, including its headwaters; the West Dolores 

from its source, including its headwaters, downstream to its confluence with the main stem; and the segment from the west boundary, section 2, township 38 north, range 16 west, NMPM, below the 

proposed McPhee Dam, downstream to the Colorado-Utah border, 

excluding the segment from one mile above Highway 90 to the confluence of the San Miguel River. 

(57) Snake, Washington, Oregon, and Idaho: The segment from 

an eastward extension of the north boundary of section 1, township 


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5 north, range 47 east, Williamette meridian, downstream to the 

town of Asotin, Washington. 

(58) Housatonic, Connecticut: The segment from the Massachusetts-Connecticut boundary downstream to its confluence with the 

Shepaug River. 

(59) KERN, CALIFORNIA.—The main stem of the North Fork from 

its source to Isabelle Reservoir excluding its tributaries. 

(60) LOXAHATCHEE, FLORIDA.—The entire river including its tributary, North Fork. 

(61) OGEECHEE, GEORGIA.—The entire river. 

(62) SALT, ARIZONA.—The main stem from a point on the north 

side of the river intersected by the Fort Apache Indian Reservation 

boundary (north of Buck Mountain) downstream to Arizona State 

Highway 288. 

(63) VERDE, ARIZONA.—The main stem from the Prescott National Forest boundary near Paulden to the vicinity of Table Mountain, approximately 14 miles above Horseshoe Reservoir, except for 

the segment not included in the national forest between Clarkdale 

and Camp Verde, North segment. 

(64) SAN FRANCISCO, ARIZONA.—The main stem from confluence 

with the Gila upstream to the Arizona-New Mexico border, except 

for the segment between Clifton and the Apache National Forest. 

(65) FISH CREEK, NEW YORK.—The entire East Branch. 

(66) BLACK CREEK, MISSISSIPPI.—The segment from Big Creek 

Landing in Forrest County downstream to Old Alexander Bridge 

Landing in Stone County. 

(67) ALLEGHENY, PENNSYLVANIA.—The main stem from Kinzua 

Dam downstream to East Brady. 

(68) CACAPON, WEST VIRGINIA.—The entire river. 

(69) ESCATAWPA, ALABAMA AND MISSISSIPPI.—The segment upstream from a point approximately one mile downstream from the 

confluence of the Escatawpa River and Jackson Creek to a point 

where the Escatawpa River is joined by the Yellowhouse Branch in 

Washington County, Alabama, near the town of Deer Park, Alabama; and the segment of Brushy Creek upstream from its confluence with the Escatawpa to its confluence with Scarsborough 

Creek. 

(70) MYAKKA, FLORIDA.—The segment south of the southern 

boundary of the Myakka River State Park. 

(71) SOLDIER CREEK, ALABAMA.—The segment beginning at the 

point where Soldier Creek intersects the south line of section 31, 

township 7 south, range 6 east, downstream to a point on the south 

line of section 6, township 8 south, range 6 east, which point is 

1,322 feet west of the south line of section 5, township 8 south, 

range 6 east in the county of Baldwin, State of Alabama. 

(72) RED, KENTUCKY.—The segment from Highway numbered 

746 (also known as Spradlin Bridge) in Wolf County, Kentucky, 

downstream to the point where the river descends below seven 

hundred feet above sea level (in its normal flow) which point is at 

the Menifee and Powell County line just downstream of the iron 

bridge where Kentucky Highway numbered 77 passes over the 

river. 

(73) BLUESTONE, WEST VIRGINIA.—From its headwaters to its 

confluence with the New. 


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(74) GAULEY, WEST VIRGINIA.—Including the tributaries of the 

Meadow and the Cranberry, from the headwaters to its confluence 

with the New. 

(75) GREENBRIER, WEST VIRGINIA.—From its headwaters to its 

confluence with the New. 

(76) BIRCH, WEST VIRGINIA.—The main stem from the Cora 

Brown Bridge in Nicholas County to the confluence of the river 

with the Elk River in Braxton County. 

(77) Colville, Alaska. 

(78) Etivluk-Nigu, Alaska. 

(79) Utukok, Alaska. 

(80) Kanektok, Alaska. 

(81) Kisaralik, Alaska. 

(82) Melozitna, Alaska. 

(83) Sheenjek (lower segment), Alaska. 

(84) Situk, Alaska. 

(85) Porcupine, Alaska. 

(86) Yukon (Ramparts section), Alaska. 

(87) Squirrel, Alaska. 

(88) Koyuk, Alaska. 

(89) Wildcat Brook, New Hampshire: The segment from its headwaters including the principal tributaries to its confluence with the 

Ellis River. The study authorized in this paragraph shall be completed no later than six years from the date of enactment of this 

paragraph and an interim report shall be prepared and submitted 

to the Congress no later than three years from the date of enactment of this paragraph. 

(90) Horsepasture, North Carolina: The segment from Bohaynee 

Road (N.C. 281) downstream to Lake Jocassee. 

(91) The North Umpqua, Oregon: The segment from the Soda 

Springs Powerhouse to the confluence of Rock Creek. The provisions of section 7(a) shall apply to tributary Steamboat Creek in 

the same manner as such provisions apply to the rivers referred to 

in such section 7(a). The Secretary of Agriculture shall, in the 

Umpqua National Forest plan, provide that management practices 

for Steamboat Creek and its immediate environment conserve, protect, and enhance the anadromous fish habitat and population. 

(92) FARMINGTON, WEST BRANCH, CONNECTICUT AND MASSACHU- SETTS.—The segment from the intersection of the New HartfordCanton, Connecticut, town line upstream to the base of the West 

Branch Reservoir in Hartland, Connecticut; and the segment from 

the confluence with Thorp Brook in Sandisfield, Massachusetts, to 

Hayden Pond in Otis, Massachusetts. 

(93) Great Egg Harbor River, New Jersey: The entire river. 

(94) Klickitat, Washington: The segment from the southern 

boundary of the Yakima Indian Reservation, Washington, as described in the Treaty with the Yakimas of 1855 (12 Stat. 951), and 

as acknowledged by the Indian Claims Commission in Yakima 

Tribe of Indians v. U.S., 16 Ind. Cl. Comm. 536 (1966), to its confluence with the Little Klickitat River, Washington: Provided, That 

said study shall be carried on in consultation with the Yakima Indian Nation and shall include a determination of the degree to 

which the Yakima Indian Nation should participate in the preservation and administration of the river segment should it be proposed for inclusion in the Wild and Scenic Rivers system. 


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(95) White Salmon, Washington: The segment from its confluence 

with Trout Lake Creek, Washington, to its confluence with Gilmer 

Creek, Washington, near the town of B Z Corner, Washington. 

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. 

(96) MAURICE, NEW JERSEY.—The segment from Shell Pile to the 

point three miles north of Laurel Lake. 

(97) MANUMUSKIN, NEW JERSEY.—The segment from its confluence with the Maurice River to the crossing of State Route 49. 

(98) MENANTICO CREEK, NEW JERSEY.—The segment from its 

confluence with the Maurice River to its source. 

(99) MERCED, CALIFORNIA.—The segment from a point 300 feet 

upstream of the confluence with Bear Creek downstream to the 

point of maximum flood control storage of Lake McClure (elevation 

867 feet mean sea level). 

(100) BLUE, OREGON.—The segment from its headwaters to the 

Blue River Reservoir; by the Secretary of Agriculture. 

(101) CHEWAUCAN, OREGON.—The segment from its headwaters 

to the Paisley Urban Growth boundary to be studied in cooperation 

with, and integrated with, the Klamath River Basin Plan; by the 

Secretary of Agriculture. 

(102) NORTH FORK MALHEUR, OREGON.—The segment from the 

Malheur National Forest boundary to Beulah Reservoir; by the Secretary of the Interior. 

(103) SOUTH FORK MCKENZIE, OREGON.—The segments from its 

headwaters to the upper end of Cougar Reservoir and from the 

lower end of Cougar Reservoir to its confluence with the McKenzie 

River; by the Secretary of Agriculture. 

(104) STEAMBOAT CREEK, OREGON.—The entire creek; by the Secretary of Agriculture. 

(105) WALLOWA, OREGON.—The segment from its confluence with 

the Minam River to its confluence with the Grande Ronde River; 

by the Secretary of Agriculture. 

(106) MERRIMACK RIVER, NEW HAMPSHIRE.—The segment from 

its origin at the confluence of the Pemigewasset and 

Winnipesaukee Rivers in Franklin, New Hampshire, to the backwater impoundment at Hooksett Dam, excluding the Garvins Falls 

Dam and its impoundment. 

(107) PEMIGEWASSET, NEW HAMPSHIRE.—The segments from Profile Lake downstream to the southern boundary of the Franconia 

Notch State Park and from the northern Thornton town-line downstream to the backwater of the Ayers Island Dam; by the Secretary 

of the Interior. 

(108) ST. MARYS RIVER, FLORIDA AND GEORGIA.—The segment 

from its headwaters to its confluence with the Bells River. 

(109) MILLS RIVER, NORTH CAROLINA.—The North Fork from the 

bottom of the spillway of the Hendersonville Reservoir downstream 

to its confluence with the South Fork; the South Fork from its confluence with the Pigeon Branch downstream to its confluence with 

the North Fork; and the main stem from the confluence of the 

North and South Forks downstream to a point 750 feet upstream 

from the centerline of North Carolina Highway 191/280. 

(110) SUDBURY, ASSABET, AND CONCORD, MASSACHUSSETS.—The 

segment of the Sudbury from the Danforth Street Bridge in the 


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town of Framingham, to its confluence with the Assabet, the 

Assabet from 1,000 feet downstream of the Damon Mill Dam in 

Concord to its confluence with the Sudbury and the Concord from 

the confluence of the Sudbury and Assabet downstream to the 

Route 3 Bridge in the town of Billerica. The study of such river segments shall be completed 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. 

(111) NIOBRARA, NEBRASKA.—The 6-mile segment of the river 

from its confluence with Chimney Creek to its confluence with 

Rock Creek. 

(112) LAMPREY, NEW HAMPSHIRE.—The segment from the southern Lee town line downstream to the confluence with Woodman’s 

Brook at the base of Sullivan Falls in Durham. 

(113) WHITE CLAY CREEK, DELAWARE AND PENNSYLVANIA.—The 

headwaters of the river in Pennsylvania to its confluence with the 

Christina River in Delaware, including the East, West, and Middle 

Branches, Middle Run, Pike Creek, Mill Creek, and other main 

branches and tributaries as determined by the Secretary of the Interior (herein after referred to as the White Clay Creek). 

(114) BRULE, MICHIGAN AND WISCONSIN.—The 33-mile segment 

from Brule Lake in the northeast quarter of section 15, township 

41 north, range 13 east, to the National Forest boundary at the 

southeast quarter of section 31, township 41 north, range 17 east. 

(115) CARP, MICHIGAN.—The 7.6-mile segment from its origin at 

the confluence of the outlets of Frenchman Lake and Carp Lake in 

section 26, township 44 north, range 6 west, to the west section 

line of section 30, township 43 north, range 5 west. 

(116) LITTLE MANISTEE, MICHIGAN.—The 42-mile segment within 

the Huron-Manistee National Forest. 

(117) WHITE, MICHIGAN.—The 75.4-mile segment within the 

Huron-Manistee National Forest as follows: 

(A) The 30.8-mile segment of the main stem from U.S. 31 to 

the Huron-Manistee National Forest boundary at the north 

line of section 2, township 13 north, range 15 west, 1.5 miles 

southwest of Hesperia. 

(B) The 18.9-mile segment of the South Branch White from 

the Huron-Manistee National Forest boundary east of Hesperia 

at the west line of section 22, township 14 north, range 14 

west, to Echo Drive, section 6, township 13 north, range 12 

west. 

(C) The 25.7-mile segment of the North Branch White from 

its confluence with the South Branch White in section 25, 

township 13 north, range 16 west, to McLaren Lake in section 

11, township 14 north, range 15 west. 

(118) ONTONAGON, MICHIGAN.—The 32-mile segment of the 

Ontonagon as follows: 

(A) The 12-mile segment of the West Branch from the Michigan State Highway 28 crossing to Cascade Falls. 

(B) The 20-mile segment of the South Branch from the confluence of the Cisco Branch and Tenmile Creek to the confluence with the West Branch Ontonagon. 

(119) PAINT, MICHIGAN.—The 70-mile segment as follows: 


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(A) 34 miles of the mainstream beginning at the eastern 

boundary of the Ottawa National Forest in section 1, township 

44 north, range 35 west, to the city of Crystal Falls. 

(B) 15 miles of the mainstream of the Net River from its confluence with the east and west branches to its confluence with 

the mainstream of the Paint River. 

(C) 15 miles of the east branch of the Net River from its 

source in section 8, township 47 north, range 32 west, to its 

confluence with the mainstream of the Net River in section 24, 

township 46 north, range 34 west. 

(D) 14 miles of the west branch of the Net River from its 

source in section 35, township 48 north, range 34 west, to its 

confluence with the mainstream of the Net River in section 24, 

township 46 north, range 34 west. 

(120) PRESQUE ISLE, MICHIGAN.—The 13-mile segment of the 

mainstream from Minnewawa Falls to Lake Superior. 

(121) STURGEON, OTTAWA NATIONAL FOREST, MICHIGAN.—The 

36-mile segment of the mainstream from the source at Wagner 

Lake in section 13, township 49 north, range 31 west, to the eastern boundary of the Ottawa National Forest in section 12, township 48 north, range 35 west. 

(122) STURGEON, HIAWATHA NATIONAL FOREST, MICHIGAN.—The 

18.1-mile segment from Sixteen Mile Lake to the north line of section 26, township 43 north, range 19 west. 

(123) TAHQUAMENON, MICHIGAN.—The 103.5-mile segment as follows— 

(A) the 90-mile segment of the mainstream beginning at the 

source in section 21, township 47 north, range 12 west, to the 

mouth at Whitefish Bay; and 

(B) the 13.5-mile segment of the east branch from the western boundary of the Hiawatha National Forest in section 19, 

township 46 north, range 6 west, to its confluence with the 

mainstream. 

(124) WHITEFISH, MICHIGAN.—The 26-mile segment of the West 

Branch Whitefish from its source in section 26, township 46 north, 

range 23 west, to County Road 444. 

(125) CLARION, PENNSYLVANIA.—The segment of the main stem 

of the river from Ridgway to its confluence with the Allegheny 

River. The Secretary of Agriculture shall conduct the study of such 

segment. 

(126) MILL CREEK, JEFFERSON AND CLARION COUNTIES, PENNSYLVANIA.—The segment of the main stem of the creek from its headwaters near Gumbert Hill in Jefferson County, downstream to the 

confluence with the Clarion River. 

(127) PIRU CREEK, CALIFORNIA.—The segment of the main stem 

of the creek from its source downstream to the maximum pool of 

Pyramid Lake and the segment of the main stem of the creek beginning 300 feet below the dam at Pyramid Lake downstream to 

the maximum pool at Lake Piru, for a total distance of approximately 49 miles. 

(128) LITTLE SUR RIVER, CALIFORNIA.—The segment of the main 

stem of the river from its headwaters downstream to the Pacific 

Ocean, a distance of approximately 23 miles. The Secretary of Agriculture shall consult with the Big Sur Multiagency Advisory Council during the study of the river. 


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(129) MATILIJA CREEK, CALIFORNIA.—The segment from its headwaters to its junction with Murietta Canyon, a distance of approximately 16 miles. 

(130) LOPEZ CREEK, CALIFORNIA.—The segments from its headwaters to Lopez Reservoir, a distance of approximately 11 miles. 

(131) SESPE CREEK, CALIFORNIA.—The segment from Chorro 

Grande Canyon downstream to its confluence with Rock Creek and 

Howard Creek, a distance of about 10.5 miles. 

(132) NORTH FORK MERCED, CALIFORNIA.—The segment from its 

headwaters to its confluence with the Merced River, by the Secretary of Agriculture and the Secretary of the Interior. 

(133) DELAWARE RIVER, PENNSYLVANIA AND NEW JERSEY.—(A) 

The approximately 3.6-mile segment from the Erie Lackawanna 

Railroad Bridge to the southern tip of Dildine Island. 

(B) The approximately 2-mile segment from the southern tip of 

Mack Island to the northern border of the town of Belvidere, New 

Jersey. 

(C) The approximately 12.5-mile segment from the southern border of the town of Belvidere, New Jersey, to the northern border 

of the city of Easton, Pennsylvania, excluding river mile 196.0 to 

193.8. 

(D) The approximately 9.5-mile segment from the southern border of the town of Phillipsburg, New Jersey, to a point just north 

of the Gilbert Generating Station. 

(E) The approximately 14.2-mile segment from a point just south 

of the Gilbert Generating Station to a point just north of the Point 

Pleasant Pumping Station. 

(F) The approximately 6.5-mile segment from a point just south 

of the Point Pleasant Pumping Station to the north side of the 

Route 202 bridge. 

(G) The approximately 6-mile segment from the southern boundary of the town of New Hope, Pennsylvania, to the town of Washington Crossing, Pennsylvania. 

(H) The Cook’s Creek tributary. 

(I) The Tinicum Creek tributary. 

(J) The Tohickon Creek tributary. 

(134) NEW RIVER, WEST VIRGINIA AND VIRGINIA.—The segment 

defined by public lands commencing at the U.S. Route 460 bridge 

over the New River in Virginia to the maximum summer pool elevation (one thousand four hundred and ten feet above mean sea 

level) of Bluestone Lake in West Virginia; by the Secretary of the 

Interior. Nothing in this Act shall affect or impair the management 

of the Bluestone project or the authority of any department, agency 

or instrumentality of the United States to carry out the project purposes of that project as of the date of enactment of this paragraph. 

The study of the river segment identified in this paragraph shall 

be completed and reported on within one year after the date of enactment of this paragraph. 

(135) RIO GRANDE, NEW MEXICO.—The segment from the west 

section line of Section 15, Township 23 North, Range 10 East, 

downstream approximately 8 miles to the southern line of the 

northwest quarter of Section 34, Township 23 North, Range 9 East. 

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

(B) The Seminole Creek tributary. 

(C) The Rock Springs Run tributary. 


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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. 

(138) EIGHTMILE RIVER, CONNECTICUT.—The segment from its 

headwaters downstream to its confluence with the Connecticut 

River. 

(139) LOWER FARMINGTON RIVER AND SALMON BROOK, CON- NECTICUT.—The segment of the Farmington River downstream 

from the segment designated as a recreational river by section 

3(a)(156) to its confluence with the Connecticut River, and the segment of the Salmon Brook including its mainstream and east and 

west branches. 

(140) MISSISQUOI AND TROUT RIVERS, VERMONT.—The approximately 25-mile segment of the upper Missisquoi from its 

headwaters in Lowell to the Canadian border in North Troy, 

the approximately 25-mile segment from the Canadian border 

in East Richford to Enosburg Falls, and the approximately 20- 

mile segment of the Trout River from its headwaters to its confluence with the Missisquoi River. 

(lll) NASHUA RIVER, MASSACHUSETTS.—(A) The approximately 19-mile segment of the mainstem of the Nashua River 

from the confluence of the North and South Nashua Rivers in 

Lancaster, Massachusetts, north to the Massachusetts/New 

Hampshire State line, except the approximately 4.8-mile segment of the mainstem of the Nashua River from the Route 119 

bridge in Groton, Massachusetts, downstream to its confluence 

with the Nissitissit River in Pepperell, Massachusetts. 

(B) The 10-mile segment of the Squannacook River from its 

headwaters at Ash Swamp downstream to its confluence with 

the Nashua River in Shirley/Ayer, Massachusetts. 

(C) The 3.5-mile segment of the Nissitissit River from the 

Massachusetts/New Hampshire State line downstream to its 

confluence with the Nashua River in Pepperell, Massachusetts. 

(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. 

(2) The study of the river named in subparagraph (56) of subsection (a) of this section shall be completed and the report thereon 

submitted by not later than January 3, 1976. 

(3) The studies of the rivers named in paragraphs (59) through 

(76) of subsection (a) shall be completed and reports submitted 

thereon not later than five full fiscal years after the date of the enactment of this paragraph. The study of rivers named in paragraphs (62) through (64) of subsection (a) shall be completed and 

the report thereon submitted by not later than April 1981. The 

study of the river named in paragraph (90) of subsection (a) shall 

be completed not later than three years after the date of the enactVerDate Mar 15 2010 05:27 Jul 24, 2013 Jkt 029006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6601 E:\HR\OC\HR166.XXX HR166

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ment of this sentence. The study of the river named in paragraph 

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

after the date of the enactment of this sentence. 

(4) For the purposes of conducting the studies of the rivers 

named in subsection (a), there are authorized to be appropriated 

such sums as necessary. 

(5) The studies of the rivers in paragraphs (77) through (88) shall 

be completed and reports transmitted thereon not later than three 

full fiscal years from date of enactment of this paragraph. For the 

rivers listed in paragraphs (77), (78), and (79) the studies prepared 

and transmitted to the Congress pursuant to section 105(c) of the 

Naval Petroleum Reserves Production Act of 1976 (Public Law 94– 

258) shall satisfy the requirements of this section. 

(6) Studies of rivers listed in paragraphs (80) and (81) shall be 

completed, and reports submitted within and not later than the 

time when the Bristol Bay Cooperative Region Plan is submitted 

to Congress in Accordance with section 1204 of the Alaska National 

Interest Lands Conservation Act. 

(7) The study of the West Branch of the Framington River identified in paragraph (92) of subsection (a) shall be completed and the 

report submitted thereon not later than the end of the third fiscal 

year beginning after the enactment of this paragraph. Such report 

shall include a discussion of management alternatives for the river 

if it were to be included in the national wild and scenic river system. 

(8) The study of the Merrimack River, New Hampshire, shall be 

completed and the report thereon submitted not later than three 

years after the date of enactment of this paragraph. 

(9) The study of the Pemigewasset River, New Hampshire, shall 

be completed and the report thereon submitted not later than three 

years after the date of enactment of this paragraph. 

(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. 

(11) The study of the Lamprey River, New Hampshire, shall be 

completed by the Secretary of the Interior and the report thereon 

submitted not later than 3 years after the date of enactment of this 

paragraph. 

(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 


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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. 

(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. 

(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. 

(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. 

(16) The study of the Wekiva River and the tributaries designated in paragraph (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 the 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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(18) The study of the Eightmile River, Connecticut, named in 

paragraph (138) of subsection (a) shall be completed by the Secretary of the Interior and the report thereon submitted to Congress 

not later than 3 years after the date of the enactment of this paragraph. 

(19) MISSISQUOI AND TROUT RIVERS, VERMONT.—Not later 

than 3 years after the date on which funds are made available 

to carry out this paragraph, the Secretary of the Interior 

shall— 

(A) complete the study of the Missisquoi and Trout Rivers, Vermont, described in subsection (a)(140); and 

(B) submit a report describing the results of that study 

to the appropriate committees of Congress. 

(ll) STUDY AND REPORT.—Not later than 3 years after the 

date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall complete the study of 

the Nashua River in Massachusetts and New Hampshire, as described in subsection (a)(lll), and submit a report describing the results of that study to the Committee on Natural Resources of the House of Representatives and the Committee on 

Energy and Natural Resources of the Senate. 

(c) The study of any of said rivers shall be pursued in as close 

cooperation with appropriate agencies of the affected State and its 

political subdivisions as possible, shall be carried on jointly with 

such agencies if request for such joint study is made by the State, 

and shall include a determination of the degree to which the State 

or its political subdivisions might participate in the preservation 

and administration of the river should it be proposed for inclusion 

in the national wild and scenic rivers system. 

(d)(1) In all planning for the use and development of water and 

related land resources, consideration shall be given by all Federal 

agencies involved to potential national wild, scenic and recreational 

river areas, and all river basin and project plan reports submitted 

to the Congress shall consider and discuss any such potentials. The 

Secretary of the Interior and the Secretary of Agriculture shall 

make specific studies and investigations to determine which additional wild, scenic and recreational river areas within the United 

States shall be evaluated in planning reports by all Federal agencies as potential alternative uses of the water and related land resources involved. 

(2) The Congress finds that the Secretary of the Interior, in 

preparing the Nationwide Rivers Inventory as a specific study 

for possible additions to the National Wild and Scenic Rivers 

System, identified the Upper Klamath River from below the 

John Boyle Dam to the Oregon-California State line. The Secretary, acting through the Bureau of Land Management, is authorized under this subsection to complete a study of the eligibility and suitability of such segment for potential addition to 

the National Wild and Scenic Rivers System. Such study shall 

be completed, and a report containing the results of the study 

shall be submitted to Congress by April 1, 1990. Nothing in 

this paragraph shall affect the authority or responsibilities of 


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any other Federal agency with respect to activities or actions 

on this segment and its immediate environment. 

* * * * * * * 

Æ 


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