II

104TH CONGRESS

2D SESSION S. 2032

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

a component of the National Wild and Scenic Rivers System.

IN THE SENATE OF THE UNITED STATES

AUGUST 2, 1996

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

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

A BILL

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

Rivers as a component of the National Wild and Scenic

Rivers System.

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

3 SECTION 1. SHORT TITLE

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

5 Concord Wild and Scenic Rivers Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) Title vii of Public Law 101–628—
2

S 2032 IS

1 (A) designated segments of the Sudbury,

2 Assabet, and Concord Rivers in the Common3 wealth of Massachusetts, totaling 29 river

4 miles, for study of potential addition to the Na5 tional Wild and Scenic Rivers Systems, and

6 (B) directed the Secretary of the Interior

7 to establish the Sudbury, Assabet, and Concord

8 River Study Committee (in this Act referred to

9 as the ‘‘Study Committee’’) to advise the Sec10 retary of the Interior in conducting the study

11 and concerning management alternatives should

12 the river be included in the National Wild and

13 Scenic Rivers System.

14 (2) The study determination that—

15 (A) the 16.6 mile segment of the Sudbury

16 River beginning at the Danforth Street Bridge

17 in the Town of Framingham, to its confluence

18 with the Assabet River,

19 (B) the 4.4 mile segment of the Assabet

20 River from 1,000 feet downstream from the

21 Damon Mill Dam in the Town of Concord to

22 the confluence with the Sudbury River at Egg

23 Rock in Concord, and

24 (C) the 8 mile segment of the Concord

25 River from Egg Rock at the confluence of the
3

S 2032 IS

1 Sudbury and Assabet Rivers to the Route 3

2 Bridge in the Town of Billerica

3 are eligible for inclusion in the National Wild and

4 Scenic Rivers System based upon their free-flowing

5 condition and outstanding scenic, recreation, wildlife,

6 literary, and historic values.

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

8 including Framingham, Sudbury, Wayland, Lincoln,

9 Concord, Bedford, Carlisle, and Billerica, Massachu10 setts, have each demonstrated their desire for Na11 tional Wild and Scenic River designation through

12 town meeting votes endorsing designation.

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

14 the National Park Service prepared a comprehensive

15 management plan for the segments, entitled ‘‘Sud16 bury, Assabet and Concord Wild and Scenic River

17 Study, River Management Plan’’, dated March 16,

18 1995, which establishes objectives, standards, and

19 action programs that will ensure long-term protec20 tion of the rivers’ outstanding values and compatible

21 management of their land and water resources.

22 (5) The river management plan does not call

23 for federal land acquisition for Wild and Scenic

24 River purposes and relies upon State, local and pri25 vate entities to have the primary responsibility for
4

S 2032 IS

1 ownership and management of the Sudbury, Assabet

2 and Concord Wild and Scenic River resources.

3 (6) The Study Committee voted unanimously on

4 February 23, 1995, to recommend that the Congress

5 include these segments in the National Wild and

6 Scenic Rivers System for management in accordance

7 with the River Conservation Plan.

8 SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DES9 IGNATION.

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

11 U.S.C. 1274(a)) is amended by adding at the end the fol12 lowing new paragraph:

13 ‘‘( ) Sudbury, Assabet and Concord Rivers,

14 Massachusetts—

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

16 segments in Massachusetts consisting of the

17 Sudbury River from the Danforth Street Bridge

18 in Framingham downstream to its confluence

19 with the Assabet River at Egg Rock; the

20 Assabet River from a point 1,000 feet down21 stream of the Damondale Dam in Concord to

22 its confluence with the Sudbury River at Egg

23 Rock; and the Concord River from its origin at

24 Egg Rock in Concord downstream to the Route

25 3 bridge in Billerica (in this paragraph referred
5

S 2032 IS

1 to as ‘segments’), as scenic and recreational

2 river segments. The segments shall be adminis3 tered by the Secretary of the Interior through

4 cooperative agreements between the Secretary

5 of the Interior and the Commonwealth of Mas6 sachusetts and its relevant political subdivisions

7 (including the Towns of Framingham, Wayland,

8 Sudbury, Lincoln, Concord Carlisle, Bedford,

9 and Billerica) pursuant to section 10(e) of this

10 Act. The segments shall be managed in accord11 ance with the plan entitled ‘‘Sudbury, Assabet

12 and Concord Wild and Scenic River Study,

13 River Conservation Plan’’ dated March 16,

14 1995 (in this paragraph referred to as the

15 ‘Plan’). The Plan is deemed to satisfy the re16 quirement for a comprehensive management

17 plan under section 3(d) of this Act.’’.

18 SEC. 4 MANAGEMENT.

19 (a) COMMITTEE.—The Director of the National Park

20 Service (in this paragraph referred to as the ‘Director’),

21 or his or her designee, shall represent the Secretary of

22 the Interior on the SUASCO River Stewardship Council

23 provided for in the ‘‘Sudbury, Assabet and Concord Wild

24 and Scenic River Study, River Management Plan’’ (the

25 ‘Plan’).
6

S 2032 IS

1 (b) FEDERAL ROLE.—(1) The Director represents

2 the Secretary of the Interior in the implementation of the

3 Plan and the provisions of the Wild and Scenic Rivers Act

4 with respect to the segments, including the review of pro5 posed federally assisted water resources projects which

6 could have a direct and adverse effect on the values for

7 which the segments are established, as authorized under

8 section 7(a) of the Wild and Scenic Rivers Act.

9 (2) Pursuant to section 10(e) and section 11(b)(1),

10 the Director shall offer to enter into cooperative agree11 ments with the Commonwealth of Massachusetts, its rel12 evant political subdivisions, the Sudbury Valley Trustees,

13 and the Organization for the Assabet River. Such coopera14 tive agreements shall be consistent with the Plan and may

15 include provisions for financial or other assistance from

16 the United States to facilitate the long-term protection,

17 conservation and enhancement of the segments.

18 (3) The Director may provide technical assistance,

19 staff support, and funding to assist in the implementation

20 of the Plan, except that the total cost to the Federal Gov21 ernment of activities to implement the Plan may not ex22 ceed $100,000 each fiscal year.

23 (4) Notwithstanding the provisions of section 10(c)

24 of the Wild and Scenic Rivers Act, any portion of the seg-
7

S 2032 IS

1 ments not already within the National Park System shall

2 not under this Act—

3 (A) become a part of the National Park Sys4 tem;

5 (B) be managed by the National Park Service;

6 or

7 (C) be subject to regulations which govern the

8 National Park System.

9 (c) WATER RESOURCES PROJECTS.—(1) In deter10 mining whether a proposed water resources project would

11 have a direct and adverse effect on the values for which

12 the segments were included in the National Wild and Sce13 nic Rivers System, the Secretary shall specifically consider

14 the extent to which the project is consistent with the Plan.

15 (2) The Plan, including the detailed Water Resources

16 Study incorporated by reference therein and such addi17 tional analysis as may be incorporated in the future, shall

18 serve as the primary source of information regarding the

19 flows needed to maintain instream resources and potential

20 compatibility between resource protection and possible ad21 ditional water withdrawals.

22 (d) LAND MANAGEMENT.—(1) The zoning bylaws of

23 the towns of Framingham, Sudbury, Wayland, Lincoln,

24 Concord, Carlisle, Bedford, and Billerica, Massachusetts,

25 as in effect on the date of enactment of this paragraph,
8

S 2032 IS

1 are deemed to satisfy the standards and requirements

2 under section 6(c) of the Wild and Scenic Rivers Act. For

3 the purpose of section 6(c) of the Wild and Scenic Rivers

4 Act, the towns are deemed to be ‘villages’ and the provi5 sions of that section which prohibit Federal acquisition of

6 lands shall apply

7 (2) The United States Government shall not acquire

8 by any means title to land, easements, or other interests

9 in land along the segments for the purposes of designation

10 of the segments under this Act or the Wild and Scenic

11 Rivers Act. Nothing in this Act or the Wild and Scenic

12 Rivers Act shall prohibit Federal acquisition of interests

13 in land along the segments under other laws for other pur14 poses.

15 SEC. 5. FUNDING AUTHORIZATION.

16 There are authorized to be appropriated to the Sec17 retary of the Interior to carry out the purposes of this

18 Act no more than $100,000 for each fiscal year.

Æ