I
104TH CONGRESS
2D SESSION
H. R. 3405
To designate a portion of the Sudbury, Assabet, and Concord Rivers as
a component of the National Wild and Scenic Rivers System.
IN THE HOUSE OF REPRESENTATIVES
MAY 7, 1996
Mr. MEEHAN introduced the following bill; which was referred to the
Committee on 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.
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 Rivers Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Title VII of Public Law 101–628—
(A) designated a 29 mile segment of the
Sudbury, Assabet, and Concord Rivers for
study of 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
River Study Committee (in this Act referred to
as the ‘‘Study Committee’’) to advise the Sec-
retary of the Interior in conducting the study
and concerning management alternatives should
the river be included in the National Wild and
Scenic Rivers System.
(2) The study determined that all three seg-
ments of these rivers are eligible for inclusion in the
National Wild and Scenic Rivers System based upon
their free-flowing condition and outstanding scenic,
recreation, wildlife, literary, and historic values.
(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’’, dated March 16,
1995, which establishes objectives, standards, and
action programs that will ensure long-term protec-
tion 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 River Conservation Plan.
SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DES-
IGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the fol-
lowing new paragraphs:
‘‘( ) SUDBURY, ASSABET AND CONCORD RIV-
ERS, MASSACHUSETTS.—
‘‘(A) IN GENERAL.—The 29 miles of river
segments in Massachusetts consisting of the
Sudbury River from the Danforth Street Bridge
in Framingham downstream to its confluence
with the Assabet River at Egg Rock; the
Assabet River from a point 1,000 feet down-
stream of the Damondale Dam in Concord to
its confluence with the Sudbury River at Egg
Rock; and the Concord River from its origin at
Egg Rock in Concord downstream to the Route
3 bridge in Billerica (in this paragraph referred
to as the ‘segments’), as scenic and recreational
river segments. The segments shall be adminis-
tered by the SUASCO River Stewardship Coun-
cil established under subparagraph (B) in co-
operation with the Secretary of the Interior,
through cooperative agreements under section
10(e) between the Secretary and the Common-
wealth of Massachusetts and its relevant politi-
cal subdivisions (including the towns of Fra-
mingham, Wayland, Sudbury, Lincoln, Concord,
Carlisle, Bedford, and Billerica), and shall be
managed in accordance with the plan entitled
‘‘Sudbury, Assabet and Concord Wild and Sce-
nic River Study, River Conservation Plan’’
dated March 16, 1995 (in this paragraph re-
ferred to as the ‘Plan’). The amount expended
by the Federal Government for any activity im-
plementing the Plan may not exceed 50 percent
of the cost of the activity. For purposes of the
preceding sentence, the cost of an activity in-
cludes the value of in-kind contributions used
to carry out the activity. The Plan is deemed
to satisfy the requirement for a comprehensive
management plan under section 3(d).
‘‘(B) MANAGEMENT COMMITTEE.—To as-
sist in the long-term protection of the segments
and the implementation of this paragraph and
the Plan, the Secretary of the Interior shall es-
tablish the SUASCO River Stewardship Council
(in this paragraph referred to as the ‘Council’)
within 90 days after the date of enactment of
this paragraph. The membership, functions, re-
sponsibilities, and administrative procedures of
the Council shall be as set forth in the Plan.
The Council shall not be considered to be a
Federal advisory committee, and shall not be
subject to the provisions of the Federal Advi-
sory Committee Act (5 U.S.C. App.).
‘‘(C) FEDERAL ROLE.—(i) The Director of
the National Park Service (in this paragraph
referred to as the ‘Director’) or his or her des-
ignee shall represent the Secretary in the imple-
mentation of the Plan and the provisions of this
Act with respect to the segments, including the
review of proposed federally assisted water re-
sources projects which could have a direct and
adverse effect on the values for which the seg-
ment is established, as authorized under section
7(a).
‘‘(ii) Pursuant to section 10(e) and section
11(b)(1), the Director shall offer to enter into
cooperative agreements with the Commonwealth
of Massachusetts, its relevant political subdivi-
sions, the Sudbury Valley Trustees, and the Or-
ganization for the Assabet River. Such coopera-
tive agreements shall be consistent with the
Plan and may include provisions for financial or
other assistance from the United States to fa-
cilitate the long-term protection, conservation
and enhancement of the segment.
‘‘(iii) 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 ac-
tivities to implement the Plan may not exceed
$100,000 each fiscal year.
‘‘(iv) Notwithstanding the provisions of
section 10(c), any portion of the segments not
already within the National Park System shall
not under this paragraph—
‘‘(I) become a part of the National
Park System;
‘‘(II) be managed by the National
Park System; or
‘‘(III) be subject to regulations which
govern the National Park System.
‘‘(D) WATER RESOURCES PROJECTS.—(i)
In determining whether a proposed water re-
sources project would have a direct and adverse
effect on the values for which the segments
were included in the National Wild and Scenic
Rivers System, the Secretary shall specifically
consider the extent to which the project is con-
sistent with the Plan.
‘‘(ii) The Plan, including the detailed
Water Resources Study incorporated by ref-
erence therein 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 with-
drawals.
‘‘(E) LAND MANAGEMENT.—(i) 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 paragraph, are
deemed to satisfy the standards and require-
ments under section 6(c). For the purpose of
section 6(c), the towns are deemed to be ‘vil-
lages’ and the provisions of that section which
prohibit Federal acquisition of lands shall
apply.
‘‘(ii) The United States Government shall
not acquire by any means title to land, ease-
ments, or other interests in land along the seg-
ments or their tributaries for the purposes of
designation of the segments under this para-
graph. Nothing in this Act shall prohibit Fed-
eral acquisition of interests in land along the
segments under other laws for other purposes.
‘‘(F) DISTINCT LATERAL BOUNDARIES.—
Notwithstanding anything in section 3(b) of
this Act to the contrary, no distinct lateral
boundary shall be established for the segments,
as set forth in the Plan.
‘‘(G) FUNDING.—There are authorized to
be appropriated to the Secretary to carry out
this paragraph not to exceed $100,000 for each
fiscal year.’’.
Æ