I 

116TH CONGRESS 

1ST SESSION H. R. 984 

To amend the Wild and Scenic Rivers Act to designate segments of the 

Nashua, Squannacook, and Nissitissit Rivers as components of the Wild 

and Scenic Rivers System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2019 

Mrs. TRAHAN (for herself and Ms. KUSTER of New Hampshire) introduced 

the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Wild and Scenic Rivers Act to designate 

segments of the Nashua, Squannacook, and Nissitissit 

Rivers as components of the Wild and Scenic Rivers 

System, and for other purposes. 

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 ‘‘Nashua River Wild 

5 and Scenic River Act of 2019’’. 


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1 SEC. 2. NASHUA WILD AND SCENIC RIVERS, MASSACHU2 SETTS AND NEW HAMPSHIRE. 

3 (a) DESIGNATION OF WILD AND SCENIC RIVER SEG4 MENTS.—Section 3(a) of the Wild and Scenic Rivers Act 

5 (16 U.S.C. 1274(a)) is amended by adding at the end the 

6 following: 

7 ‘‘(214) NASHUA, SQUANNACOOK, AND

8 NISSITISSIT WILD AND SCENIC RIVERS, MASSACHU9 SETTS AND NEW HAMPSHIRE.— 

10 ‘‘(A) The following segments in the Com11 monwealth of Massachusetts and State of New 

12 Hampshire, to be administered by the Secretary 

13 of the Interior as a scenic river: 

14 ‘‘(i) The approximately 27-mile seg15 ment of the mainstem of the Nashua River 

16 from the confluence of the North and 

17 South Nashua Rivers in Lancaster, Massa18 chusetts, and extending north to the Mas19 sachusetts-New Hampshire border, except 

20 as provided in subparagraph (B). 

21 ‘‘(ii) The approximately 16.3-mile seg22 ment of the Squannacook River from its 

23 headwaters in Ash Swamp, Townsend, 

24 Massachusetts, extending downstream to 

25 the confluence of the river with the NashVerDate Sep 11 2014 22:21 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H984.IH H984

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1 ua River in Shirley/Ayer, Massachusetts, 

2 except as provided in subparagraph (B). 

3 ‘‘(iii) The approximately 9.5-mile seg4 ment of the Nissitissit River from its head5 waters in Brookline, New Hampshire, to 

6 the confluence of the river with the Nash7 ua River in Pepperell, Massachusetts. 

8 ‘‘(B) EXCLUSION AREAS.—The designation 

9 of the river segments in subparagraph (A) shall 

10 exclude— 

11 ‘‘(i) with respect to the Ice House hy12 droelectric project (FERC P–12769), from 

13 700 feet upstream from the crest of the 

14 dam to 500 feet downstream from the 

15 crest of the dam; 

16 ‘‘(ii) with respect to the Pepperell hy17 droelectric project (FERC P12721), from 

18 9,240 feet upstream from the crest of the 

19 dam to 1,000 feet downstream from the 

20 crest of the dam; and 

21 ‘‘(iii) with respect to the Hollings22 worth and Vose dam (non-FERC), from 

23 1,200 feet upstream from the crest of the 

24 dam to 2,665 feet downstream from the 

25 crest of the dam.’’. 


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1 (b) MANAGEMENT.— 

2 (1) PROCESS.— 

3 (A) IN GENERAL.—The river segments 

4 designated by paragraph (214) of section 3(a) 

5 of such Act (16 U.S.C. 1274(a)), as amended 

6 by this section, shall be managed in accordance 

7 with— 

8 (i) the Nashua, Squannacook, and 

9 Nissitissit Rivers Stewardship Plan devel10 oped pursuant to the study described in 

11 section 5(b)(21) of such Act (16 U.S.C. 

12 1276(b)(21)) (referred to in this sub13 section as the ‘‘management plan’’), dated 

14 February 15, 2018; and 

15 (ii) such amendments to the manage16 ment plan as the Secretary of the Interior 

17 determines are consistent with this section 

18 and as are approved by the Nashua, 

19 Squannacook, and Nissitissit Rivers Stew20 ardship Council (referred to in this sub21 section as the ‘‘Stewardship Council’’). 

22 (B) COMPREHENSIVE MANAGEMENT

23 PLAN.—The management plan shall be consid24 ered to satisfy the requirements for a comVerDate Sep 11 2014 22:21 Feb 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H984.IH H984

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1 prehensive management plan under section 3(d) 

2 of such Act (16 U.S.C. 1274(d)). 

3 (2) COMMITTEE.—The Secretary of the Interior 

4 shall coordinate the management responsibilities of 

5 the Secretary of the Interior under this Act with the 

6 Stewardship Council, as specified in the manage7 ment plan. 

8 (3) COOPERATIVE AGREEMENTS.— 

9 (A) IN GENERAL.—In order to provide for 

10 the long-term protection, preservation, and en11 hancement of the river segments designated by 

12 paragraph (214) of section 3(a) of such Act (16 

13 U.S.C. 1274(a)), as amended by this section, 

14 the Secretary of the Interior may enter into co15 operative agreements pursuant to sections 10(e) 

16 and 11(b)(1) (16 U.S.C. 1281(e), 1282(b)(1)) 

17 of such Act with— 

18 (i) the Commonwealth of Massachu19 setts and the State of New Hampshire; 

20 (ii) the municipalities of— 

21 (I) Ayer, Bolton, Dunstable, 

22 Groton, Harvard, Lancaster, Pepper23 ell, Shirley, and Townsend in Massa24 chusetts; and 


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1 (II) Brookline and Hollis in New 

2 Hampshire; and 

3 (iii) appropriate local, regional, State, 

4 or multistate, planning, environmental, or 

5 recreational organizations. 

6 (B) CONSISTENCY.—Each cooperative 

7 agreement entered into under this paragraph 

8 shall be consistent with the management plan 

9 and may include provisions for financial or 

10 other assistance from the United States. 

11 (4) EFFECT ON WORKING DAMS.— 

12 (A) IN GENERAL.—The designation of the 

13 river segments by paragraph (214) of section 

14 3(a) of such Act (16 U.S.C. 1274(a)), as 

15 amended by this section, does not— 

16 (i) impact or alter the existing terms 

17 of permitting, licensing, or operation of— 

18 (I) the Pepperell hydroelectric 

19 project (FERC Project P–12721, 

20 Nashua River, Pepperell, MA); 

21 (II) the Ice House hydroelectric 

22 project (FERC Project P–12769, 

23 Nashua River, Ayer, MA); or 

24 (III) the Hollingsworth and Vose 

25 Dam (non-FERC industrial facility, 


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1 Squannacook River, West Groton, 

2 MA) as further described in the man3 agement plan (Appendix A, ‘‘Working 

4 Dams’’); or 

5 (ii) preclude the Federal Energy Reg6 ulatory Commission from licensing, reli7 censing, or otherwise authorizing the oper8 ation or continued operation of the 

9 Pepperell and Ice House hydroelectric 

10 projects under the terms of licenses or ex11 emptions in effect on the date of enact12 ment of this Act; or 

13 (iii) limit actions taken to modernize, 

14 upgrade, or carry out other changes to 

15 such projects authorized pursuant to 

16 clause (i), subject to written determination 

17 by the Secretary of the Interior that the 

18 changes are consistent with the purposes 

19 of the designation. 

20 (5) LAND MANAGEMENT.— 

21 (A) ZONING ORDINANCES.—For the pur22 pose of the segments designated by paragraph 

23 (214) of section 3(a) of such Act (16 U.S.C. 

24 1274(a)), as amended by this section, the zon25 ing ordinances adopted by the municipalities 


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1 named in paragraph (3)(A)(ii), including provi2 sions for conservation of floodplains, wetlands, 

3 and watercourses associated with the segments, 

4 shall be deemed to satisfy the standards and re5 quirements of section 6(c) of such Act (16 

6 U.S.C. 1277(c)). 

7 (B) ACQUISITIONS OF LANDS.—The au8 thority of the Secretary to acquire land for the 

9 purposes of the segments designated such para10 graph (214) shall be— 

11 (i) limited to acquisition by donation 

12 or acquisition with the consent of the 

13 owner of the land; and 

14 (ii) subject to the additional criteria 

15 set forth in the management plan. 

16 (C) NO CONDEMNATION.—No land or in17 terest in land within the boundary of the river 

18 segments designated by such paragraph (214) 

19 may be acquired by condemnation. 

20 (6) RELATION TO THE NATIONAL PARK SYS21 TEM.—Notwithstanding section 10(c) of such Act 

22 (16 U.S.C. 1281(c)), each segment of the Nashua, 

23 Squannacook, and Nissitissit Rivers designated as a 

24 component of the Wild and Scenic Rivers System 

25 under this Act shall not— 


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1 (A) be administered as a unit of the Na2 tional Park System; or 

3 (B) be subject to regulations that govern 

4 the National Park System. 

Æ 


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