IIB

106TH CONGRESS

1ST SESSION H. R. 193

IN THE SENATE OF THE UNITED STATES

FEBRUARY 24, 1999

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

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

3 Concord Wild and Scenic River Act’’.

4 SEC. 2. DESIGNATION OF SUDBURY, ASSABET, AND CON5 CORD SCENIC AND RECREATIONAL RIVERS,

6 MASSACHUSETTS.

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

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

9 and Scenic River Study Act (title VII of Public Law

10 101–628; 104 Stat. 4497)—

11 (A) designated segments of the Sudbury,

12 Assabet, and Concord Rivers in the Common13 wealth of Massachusetts, totaling 29 river

14 miles, for study and potential addition to the

15 National Wild and Scenic Rivers System; and

16 (B) directed the Secretary of the Interior

17 to establish the Sudbury, Assabet, and Concord

18 Rivers Study Committee (in this section re19 ferred to as the ‘‘Study Committee’’) to advise

20 the Secretary in conducting the study and in

21 the consideration of management alternatives

22 should the rivers be included in the National

23 Wild and Scenic Rivers System.

24 (2) The study determined the following river

25 segments are eligible for inclusion in the National

26 Wild and Scenic Rivers System based on their free-
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1 flowing condition and outstanding scenic, recreation,

2 wildlife, cultural, and historic values:

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

4 River beginning at the Danforth Street Bridge

5 in the town of Framingham, to its confluence

6 with the Assabet River.

7 (B) The 4.4-mile segment of the Assabet

8 River from 1,000 feet downstream from the

9 Damon Mill Dam in the town of Concord to the

10 confluence with the Sudbury River at Egg Rock

11 in Concord.

12 (C) The 8-mile segment of the Concord

13 River from Egg Rock at the confluence of the

14 Sudbury and Assabet Rivers to the Route 3

15 bridge in the town of Billerica.

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

17 including Framingham, Sudbury, Wayland, Lincoln,

18 Concord, Bedford, Carlisle, and Billerica, Massachu19 setts, have each demonstrated their desire for Na20 tional Wild and Scenic River designation through

21 town meeting votes endorsing designation.

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

23 the National Park Service prepared a comprehensive

24 management plan for the segment, entitled ‘‘Sud25 bury, Assabet and Concord Wild and Scenic River
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1 Study, River Conservation Plan’’ and dated March

2 16, 1995 (in this section referred to as the ‘‘plan’’),

3 which establishes objectives, standards, and action

4 programs that will ensure long-term protection of

5 the rivers’ outstanding values and compatible man6 agement of their land and water resources.

7 (5) The Study Committee voted unanimously on

8 February 23, 1995, to recommend that the Congress

9 include these segments in the National Wild and

10 Scenic Rivers System for management in accordance

11 with the plan.

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

13 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add14 ing at the end the following new paragraph:

15 ‘‘(160) SUDBURY, ASSABET, AND CONCORD RIVERS,

16 MASSACHUSETTS.—(A) The 29 miles of river segments in

17 Massachusetts, as follows:

18 ‘‘(i) The 14.9-mile segment of the Sudbury

19 River beginning at the Danforth Street Bridge in

20 the town of Framingham, downstream to the Route

21 2 Bridge in Concord, as a scenic river.

22 ‘‘(ii) The 1.7-mile segment of the Sudbury

23 River from the Route 2 Bridge downstream to its

24 confluence with the Assabet River at Egg Rock, as

25 a recreational river.
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1 ‘‘(iii) The 4.4-mile segment of the Assabet

2 River beginning 1,000 feet downstream from the

3 Damon Mill Dam in the town of Concord, to its con4 fluence with the Sudbury River at Egg Rock in Con5 cord; as a recreational river.

6 ‘‘(iv) The 8-mile segment of the Concord River

7 from Egg Rock at the confluence of the Sudbury

8 and Assabet Rivers downstream to the Route 3

9 Bridge in the town of Billerica, as a recreational

10 river.

11 ‘‘(B) The segments referred to in subparagraph (A)

12 shall be administered by the Secretary of the Interior in

13 cooperation with the SUASCO River Stewardship Council

14 provided for in the plan referred to in subparagraph (C)

15 through cooperative agreements under section 10(e) be16 tween the Secretary and the Commonwealth of Massachu17 setts and its relevant political subdivisions (including the

18 towns of Framingham, Wayland, Sudbury, Lincoln, Con19 cord, Carlisle, Bedford, and Billerica).

20 ‘‘(C) The segments referred to in subparagraph (A)

21 shall be managed in accordance with the plan entitled

22 ‘Sudbury, Assabet and Concord Wild and Scenic River

23 Study, River Conservation Plan’, dated March 16, 1995.

24 The plan is deemed to satisfy the requirement for a com-
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1 prehensive management plan under subsection (d) of this

2 section.’’.

3 (c) FEDERAL ROLE IN MANAGEMENT.—(1) The Di4 rector of the National Park Service or the Director’s des5 ignee shall represent the Secretary of the Interior in the

6 implementation of the plan, this section, and the Wild and

7 Scenic Rivers Act with respect to each of the segments

8 designated by the amendment made by subsection (b), in9 cluding the review of proposed federally assisted water re10 sources projects that could have a direct and adverse effect

11 on the values for which the segment is established, as au12 thorized under section 7(a) of the Wild and Scenic Rivers

13 Act (16 U.S.C. 1278(a)).

14 (2) Pursuant to sections 10(e) and section 11(b)(1)

15 of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e),

16 1282(b)(1)), the Director shall offer to enter into coopera17 tive agreements with the Commonwealth of Massachu18 setts, its relevant political subdivisions, the Sudbury Val19 ley Trustees, and the Organization for the Assabet River.

20 Such cooperative agreements shall be consistent with the

21 plan and may include provisions for financial or other as22 sistance from the United States to facilitate the long-term

23 protection, conservation, and enhancement of each of the

24 segments designated by the amendment made by sub25 section (b).
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1 (3) The Director may provide technical assistance,

2 staff support, and funding to assist in the implementation

3 of the plan, except that the total cost to the Federal Gov4 ernment of activities to implement the plan may not ex5 ceed $100,000 each fiscal year.

6 (4) Notwithstanding section 10(c) of the Wild and

7 Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a

8 segment designated by the amendment made by subsection

9 (b) that is not already within the National Park System

10 shall not under this section—

11 (A) become a part of the National Park Sys12 tem;

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

14 or

15 (C) be subject to regulations which govern the

16 National Park System.

17 (d) WATER RESOURCES PROJECTS.—(1) In deter18 mining whether a proposed water resources project would

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

20 the segments designated by the amendment made by sub21 section (b) were included in the National Wild and Scenic

22 Rivers System, the Secretary of the Interior shall specifi23 cally consider the extent to which the project is consistent

24 with the plan.
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1 (2) The plan, including the detailed Water Resources

2 Study incorporated by reference in the plan and such addi3 tional analysis as may be incorporated in the future, shall

4 serve as the primary source of information regarding the

5 flows needed to maintain instream resources and potential

6 compatibility between resource protection and possible ad7 ditional water withdrawals.

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

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

10 Concord, Carlisle, Bedford, and Billerica, Massachusetts,

11 as in effect on the date of enactment of this Act, are

12 deemed to satisfy the standards and requirements under

13 section 6(c) of the Wild and Scenic rivers Act (16 U.S.C.

14 1277(c)). For the purpose of that section, the towns are

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

16 which prohibit Federal acquisition of lands through con17 demnation shall apply.

18 (2) The United States Government shall not acquire

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

20 in land along the segments designated by the amendment

21 made by subsection (b) or their tributaries for the pur22 poses of designation of the segments under the amend23 ment. Nothing in this section shall prohibit Federal acqui24 sition of interests in land along those segments or tribu25 taries under other laws for other purposes.
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Secretary of the

3 Interior to carry out this section not to exceed $100,000

4 for each fiscal year.

5 (g) EXISTING UNDESIGNATED PARAGRAPHS; RE6 MOVAL OF DUPLICATION.—Section 3(a) of the Wild and

7 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended—

8 (1) by striking the first undesignated paragraph

9 after paragraph (156), relating to Elkhorn Creek,

10 Oregon; and

11 (2) by designating the three remaining undesig12 nated paragraphs after paragraph (156) as para13 graphs (157), (158), and (159), respectively.

Passed the House of Representatives February 23,

1999.

Attest: JEFF TRANDAHL,

Clerk.