Title: Nashua River Wild and Scenic River Act
Policy area: Public Lands and Natural Resources

Summary:
Nashua River Wild and Scenic River Act
This bill designates specified segments of the Nashua, Squannacook, and Nissitissit rivers in Massachusetts and New Hampshire as components of the Wild and Scenic Rivers System. The bill excludes from such designation certain areas with respect to the Ice House and Pepperell hydroelectric projects and the Hollingsworth and Vose dam.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 339 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                 S. 339

 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 SENATE OF THE UNITED STATES

                            February 5, 2019

  Mr. Markey (for himself, Ms. Warren, Ms. Hassan, and Mrs. Shaheen) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and 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.

    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 ``Nashua River Wild and Scenic River 
Act''.

SEC. 2. NASHUA WILD AND SCENIC RIVERS, MASSACHUSETTS AND NEW HAMPSHIRE.

    (a) Designation of Wild and Scenic River Segments.--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:
            ``(214) Nashua, squannacook, and nissitissit wild and 
        scenic rivers, massachusetts and new hampshire.--
                    ``(A) In general.--The following segments in the 
                States of Massachusetts and New Hampshire, to be 
                administered by the Secretary of the Interior as a 
                scenic river:
                            ``(i) The approximately 27-mile segment of 
                        the mainstem of the Nashua River from the 
                        confluence of the North and South Nashua Rivers 
                        in Lancaster, Massachusetts, and extending 
                        north to the border between the States of 
                        Massachusetts and New Hampshire, except as 
                        provided in subparagraph (B).
                            ``(ii) The approximately 16.3-mile segment 
                        of the Squannacook River from its headwaters in 
                        Ash Swamp, Townsend, Massachusetts, extending 
                        downstream to the confluence of the river with 
                        the Nashua River in Shirley and Ayer, 
                        Massachusetts, except as provided in 
                        subparagraph (B).
                            ``(iii) The approximately 9.5-mile segment 
                        of the Nissitissit River from its headwaters in 
                        Brookline, New Hampshire, to the confluence of 
                        the river with the Nashua River in Pepperell, 
                        Massachusetts.
                    ``(B) Excluded areas.--The designation of the river 
                segments by subparagraph (A) shall not include--
                            ``(i) with respect to the Ice House 
                        hydroelectric project (Federal Energy 
                        Regulatory Commission Project P-12769), the 
                        area from 700 feet upstream from the crest of 
                        the dam to 500 feet downstream from the crest 
                        of the dam;
                            ``(ii) with respect to the Pepperell 
                        hydroelectric project (Federal Energy 
                        Regulatory Commission Project P-12721), the 
                        area from 9,240 feet upstream from the crest of 
                        the dam to 1,000 feet downstream from the crest 
                        of the dam; and
                            ``(iii) with respect to the Hollingsworth 
                        and Vose dam (a project not licensed by the 
                        Federal Energy Regulatory Commission), the area 
                        from 1,200 feet upstream from the crest of the 
                        dam to 2,665 feet downstream from the crest of 
                        the dam.''.
    (b) Management.--
            (1) Definitions.--In this subsection:
                    (A) Management plan.--The term ``management plan'' 
                means the Nashua, Squannacook, and Nissitissit Rivers 
                Stewardship Plan dated February 15, 2018 and developed 
                pursuant to a study required under section 5(b)(21) of 
                the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)(21)).
                    (B) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior.
                    (C) Stewardship council.--The term ``Stewardship 
                Council'' means the Nashua, Squannacook, and 
                Nissitissit Rivers Stewardship Council.
            (2) Management plan.--
                    (A) In general.--The river segments designated by 
                paragraph (214) of section 3(a) of the Wild and Scenic 
                Rivers Act (16 U.S.C. 1274(a)) (as added by subsection 
                (a)) shall be managed in accordance with--
                            (i) the management plan; and
                            (ii) any amendments to the management plan 
                        that--
                                    (I) the Secretary determine are 
                                consistent with this subsection; and
                                    (II) are approved by the 
                                Stewardship Council.
                    (B) Comprehensive management plan.--The management 
                plan shall be considered to satisfy the requirements 
                for a comprehensive management plan under section 3(d) 
                of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
            (3) Coordination with stewardship council.--The Secretary 
        shall coordinate the management responsibilities of the 
        Secretary with respect to the river segments designated by 
        paragraph (214) of section 3(a) of the Wild and Scenic Rivers 
        Act (16 U.S.C. 1274(a)) (as added by subsection (a)) with the 
        Stewardship Council, as described in the management plan.
            (4) Cooperative agreements.--
                    (A) In general.--To provide for the long-term 
                protection, preservation, and enhancement of the 
                segments designated by paragraph (214) of section 3(a) 
                of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
                (as added by subsection (a)), the Secretary may enter 
                into cooperative agreements under sections 10(e) and 
                11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 
                1281(e), 1282(b)(1)) with--
                            (i) the States of Massachusetts and New 
                        Hampshire;
                            (ii) the towns of--
                                    (I) Ayer, Bolton, Dunstable, 
                                Groton, Harvard, Lancaster, Pepperell, 
                                Shirley, and Townsend in the State of 
                                Massachusetts; and
                                    (II) Brookline and Hollis in the 
                                State of New Hampshire; and
                            (iii) any appropriate local, regional, 
                        State, or multistate planning, environmental, 
                        or recreational organization.
                    (B) Consistency.--Each cooperative agreement 
                entered into under this paragraph--
                            (i) shall be consistent with the management 
                        plan; and
                            (ii) may include provisions for financial 
                        or other assistance from the Federal 
                        Government.
            (5) Effect on working dams.--
                    (A) In general.--The designation of the segments by 
                paragraph (214) of section 3(a) of the Wild and Scenic 
                Rivers Act (16 U.S.C. 1274(a)) (as added by subsection 
                (a)) shall not--
                            (i) affect or alter the terms of 
                        permitting, licensing, or operation in 
                        existence on the date of enactment of this Act 
                        of--
                                    (I) the Pepperell hydroelectric 
                                project (Federal Energy Regulatory 
                                Commission Project P-12721, Nashua 
                                River, Pepperell, Massachusetts);
                                    (II) the Ice House hydroelectric 
                                project (Federal Energy Regulatory 
                                Commission Project P-12769, Nashua 
                                River, Ayer, Massachusetts); or
                                    (III) the Hollingsworth and Vose 
                                Dam, which is an industrial facility 
                                that is not licensed by the Federal 
                                Energy Regulatory Commission, 
                                Squannacook River, West Groton, 
                                Massachusetts, as described in appendix 
                                A of the management plan entitled 
                                ``Working Dams'';
                            (ii) preclude the Federal Energy Regulatory 
                        Commission from licensing, relicensing, or 
                        otherwise authorizing the operation or 
                        continued operation of the Pepperell or Ice 
                        House hydroelectric project under the terms of 
                        licenses or exemptions in effect on the date of 
                        enactment of this Act; or
                            (iii) limit actions taken to modernize, 
                        upgrade, or carry out other changes to a 
                        project described in clause (i), subject to a 
                        written determination by the Secretary that the 
                        changes are consistent with the purposes of the 
                        designation.
            (6) Land management.--
                    (A) Zoning ordinances.--For the purpose of the 
                segments designated by paragraph (214) of section 3(a) 
                of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
                (as added by subsection (a)), a zoning ordinance 
                adopted by a town described in paragraph (4)(A)(ii), 
                including provisions for conservation of floodplains, 
                wetlands, and watercourses associated with the 
                segments, shall be considered to satisfy the 
                requirements of section 6(c) of the Wild and Scenic 
                Rivers Act (16 U.S.C. 1277(c)).
                    (B) Acquisition of land.--The authority of the 
                Secretary to acquire land or an interest in land for 
                the purposes of the segments designated by paragraph 
                (214) of section 3(a) of the Wild and Scenic Rivers Act 
                (16 U.S.C. 1274(a)) (as added by subsection (a)) shall 
                be--
                            (i) limited to acquisition--
                                    (I) by donation; or
                                    (II) with the consent of the owner 
                                of the land; and
                            (ii) subject to the additional criteria 
                        described in the management plan.
                    (C) No condemnation.--No land or interest in land 
                within the boundary of the segments designated by 
                paragraph (214) of section 3(a) of the Wild and Scenic 
                Rivers Act (16 U.S.C. 1274(a)) (as added by subsection 
                (a)) may be acquired by condemnation.
            (7) Relation to the national park system.--Notwithstanding 
        section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1281(c)), each segment designated by paragraph (214) of section 
        3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as 
        added by subsection (a)) shall not be--
                    (A) administered as a unit of the National Park 
                System; or
                    (B) subject to regulations that apply to units of 
                the National Park System.
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