H. R. 193

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

An Act

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

of the National Wild and Scenic Rivers System.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Wild and Scenic River Act’’.

SEC. 2. DESIGNATION OF SUDBURY, ASSABET, AND CONCORD SCENIC

AND RECREATIONAL RIVERS, MASSACHUSETTS.

(a) FINDINGS.—The Congress finds the following:

(1) The Sudbury, Assabet, and Concord Wild and Scenic

River Study Act (title VII of Public Law 101–628; 104 Stat.

4497)—

(A) designated segments of the Sudbury, Assabet, and

Concord Rivers in the Commonwealth of Massachusetts,

totaling 29 river miles, for study and potential addition

to the National Wild and Scenic Rivers System; and

(B) directed the Secretary of the Interior to establish

the Sudbury, Assabet, and Concord Rivers Study

Committee (in this section referred to as the ‘‘Study Committee’’) to advise the Secretary in conducting the study

and in the consideration of management alternatives

should the rivers be included in the National Wild and

Scenic Rivers System.

(2) The study determined the following river segments are

eligible for inclusion in the National Wild and Scenic Rivers

System based on their free-flowing condition and outstanding

scenic, recreation, wildlife, cultural, and historic values:

(A) The 16.6-mile segment of the Sudbury River

beginning at the Danforth Street Bridge in the town of

Framingham, to its confluence with the Assabet River.

(B) The 4.4-mile segment of the Assabet River from

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

town of Concord to the confluence with the Sudbury River

at Egg Rock in Concord.

(C) The 8-mile segment of the Concord River from

Egg Rock at the confluence of the Sudbury and Assabet

Rivers to the Route 3 bridge in the town of Billerica.

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

Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford,

Carlisle, and Billerica, Massachusetts, have each demonstrated
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their desire for National Wild and Scenic River designation

through town meeting votes endorsing designation.

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

National Park Service prepared a comprehensive management

plan for the segment, entitled ‘‘Sudbury, Assabet and Concord

Wild and Scenic River Study, River Conservation Plan’’ and

dated March 16, 1995 (in this section referred to as the ‘‘plan’’),

which establishes objectives, standards, and action programs

that will ensure long-term protection of the rivers’ outstanding

values and compatible management of their land and water

resources.

(5) The Study Committee voted unanimously on February

23, 1995, to recommend that the Congress include these segments in the National Wild and Scenic Rivers System for

management in accordance with the plan.

(b) DESIGNATION.—Section 3(a) of the Wild and Scenic Rivers

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

following new paragraph:

‘‘(160) 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.

‘‘(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.’’.

(c) FEDERAL ROLE IN MANAGEMENT.—(1) The Director of the

National Park Service or the Director’s designee shall represent

the Secretary of the Interior in the implementation of the plan,

this section, and the Wild and Scenic Rivers Act with respect

to each of the segments designated by the amendment made by

subsection (b), including the review of proposed federally assisted

water resources projects that could have a direct and adverse effect
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on the values for which the segment is established, as authorized

under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C.

1278(a)).

(2) Pursuant to sections 10(e) and section 11(b)(1) of the Wild

and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Director

shall offer to enter into cooperative agreements with the Commonwealth of Massachusetts, its relevant political subdivisions, the

Sudbury Valley Trustees, and the Organization for the Assabet

River. Such cooperative agreements shall be consistent with the

plan and may include provisions for financial or other assistance

from the United States to facilitate the long-term protection, conservation, and enhancement of each of the segments designated

by the amendment made by subsection (b).

(3) The Director may provide technical assistance, staff support,

and funding to assist in the implementation of the plan, except

that the total cost to the Federal Government of activities to implement the plan may not exceed $100,000 each fiscal year.

(4) Notwithstanding section 10(c) of the Wild and Scenic Rivers

Act (16 U.S.C. 1281(c)), any portion of a segment designated by

the amendment made by subsection (b) that is not already within

the National Park System shall not under this section—

(A) become a part of the National Park System;

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

(C) be subject to regulations which govern the National

Park System.

(d) WATER RESOURCES PROJECTS.—(1) In determining whether

a proposed water resources project would have a direct and adverse

effect on the values for which the segments designated by the

amendment made by subsection (b) were included in the National

Wild and Scenic Rivers System, the Secretary of the Interior shall

specifically consider the extent to which the project is consistent

with the plan.

(2) The plan, including the detailed Water Resources Study

incorporated by reference in the plan and such additional analysis

as may be incorporated in the future, shall serve as the primary

source of information regarding the flows needed to maintain

instream resources and potential compatibility between resource

protection and possible additional water withdrawals.

(e) LAND MANAGEMENT.—(1) The zoning bylaws of the towns

of Framingham, Sudbury, Wayland, Lincoln, Concord, Carlisle, Bedford, and Billerica, Massachusetts, as in effect on the date of enactment of this Act, are deemed to satisfy the standards and requirements under section 6(c) of the Wild and Scenic rivers Act (16

U.S.C. 1277(c)). For the purpose of that section, the towns are

deemed to be ‘‘villages’’ and the provisions of that section which

prohibit Federal acquisition of lands through condemnation shall

apply.

(2) The United States Government shall not acquire by any

means title to land, easements, or other interests in land along

the segments designated by the amendment made by subsection

(b) or their tributaries for the purposes of designation of the segments under the amendment. Nothing in this section shall prohibit

Federal acquisition of interests in land along those segments or

tributaries under other laws for other purposes.

(f ) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary of the Interior to carry out

this section not to exceed $100,000 for each fiscal year.
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(g) EXISTING UNDESIGNATED PARAGRAPHS; REMOVAL OF

DUPLICATION.—Section 3(a) of the Wild and Scenic Rivers Act (16

U.S.C. 1274(a)) is amended—

(1) by striking the first undesignated paragraph after paragraph (156), relating to Elkhorn Creek, Oregon; and

(2) by designating the three remaining undesignated paragraphs after paragraph (156) as paragraphs (157), (158), and

(159), respectively.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.