II
Calendar No. 52
106TH CONGRESS
1ST SESSION
H. R. 193
[Report No. 106–25]
IN THE SENATE OF THE UNITED STATES
FEBRUARY 24, 1999
Received; read twice and referred to the Committee on Energy and Natural
Resources
MARCH 17, 1999
Reported by Mr. MURKOWSKI, without amendment
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 Representa-
tives 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’’.
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SEC. 2. DESIGNATION OF SUDBURY, ASSABET, AND CON-
CORD 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 Common-
wealth 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 re-
ferred 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:
HR 193 RS
(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, Massachu-
setts, have each demonstrated their desire for Na-
tional 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 ‘‘Sud-
bury, Assabet and Concord Wild and Scenic River
Study, River Conservation Plan’’ and dated March
16, 1995 (in this section referred to as the ‘‘plan’’),
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which establishes objectives, standards, and action
programs that will ensure long-term protection of
the rivers’ outstanding values and compatible man-
agement 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 add-
ing 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
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Damon Mill Dam in the town of Concord, to its con-
fluence with the Sudbury River at Egg Rock in Con-
cord; 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) be-
tween the Secretary and the Commonwealth of Massachu-
setts and its relevant political subdivisions (including the
towns of Framingham, Wayland, Sudbury, Lincoln, Con-
cord, 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 com-
prehensive management plan under subsection (d) of this
section.’’.
HR 193 RS
(c) FEDERAL ROLE IN MANAGEMENT.—(1) The Di-
rector of the National Park Service or the Director’s des-
ignee 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), in-
cluding the review of proposed federally assisted water re-
sources projects that could have a direct and adverse effect
on the values for which the segment is established, as au-
thorized 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 coopera-
tive agreements with the Commonwealth of Massachu-
setts, its relevant political subdivisions, the Sudbury Val-
ley 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 as-
sistance from the United States to facilitate the long-term
protection, conservation, and enhancement of each of the
segments designated by the amendment made by sub-
section (b).
(3) The Director may provide technical assistance,
staff support, and funding to assist in the implementation
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of the plan, except that the total cost to the Federal Gov-
ernment of activities to implement the plan may not ex-
ceed $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 Sys-
tem;
(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 deter-
mining 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 sub-
section (b) were included in the National Wild and Scenic
Rivers System, the Secretary of the Interior shall specifi-
cally 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 addi-
tional analysis as may be incorporated in the future, shall
HR 193 RS
serve as the primary source of information regarding the
flows needed to maintain instream resources and potential
compatibility between resource protection and possible ad-
ditional 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 con-
demnation 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 pur-
poses of designation of the segments under the amend-
ment. Nothing in this section shall prohibit Federal acqui-
sition of interests in land along those segments or tribu-
taries under other laws for other purposes.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of the
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Interior to carry out this section not to exceed $100,000
for each fiscal year.
(g) EXISTING UNDESIGNATED PARAGRAPHS; RE-
MOVAL 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 undesig-
nated paragraphs after paragraph (156) as para-
graphs (157), (158), and (159), respectively.
Passed the House of Representatives February 23,
1999.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 52
106TH CONGRESS
1ST SESSION
H. R. 193
[Report No. 106–25]
AN ACT
To designate a portion of the Sudbury, Assabet,
and Concord Rivers as a component of the Na-
tional Wild and Scenic Rivers System.
MARCH 17, 1999
Reported without amendment