[House Report 106-368]
[From the U.S. Government Publishing Office]
106th Congress Report
1st Session HOUSE OF REPRESENTATIVES 106-368
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LAMPREY WILD AND SCENIC RIVER EXTENSION ACT
_______
October 7, 1999.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 1615]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1615) to amend the Wild and Scenic Rivers Act to extend
the designation of a portion of the Lamprey River in New
Hampshire as a recreational river to include an additional
river segment, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 1615 is to amend the Wild and Scenic
Rivers Act to extend the designation of a portion of the
Lamprey River in New Hampshire as a recreational river to
include an additional river segment.
Background and Need for Legislation
This bill amends the Wild and Scenic Rivers Act to extend
the Wild and Scenic River designation to a 12-mile river
segment of the Lamprey River running through the Town of
Epping, New Hampshire. This new addition would be designated as
a ``recreational'' river in accordance with the Wild and Scenic
Rivers Act.
As part of the Omnibus Parks and Public Lands Management
Act of 1996 (Section 405) an 11.5-mile segment of the Lamprey
River was designated as a recreational river in accordance with
the Wild and Scenic Rivers Act. The study done for that
designation (June 1995) found that not only did the 11.5-mile
segment qualify as a recreational river, but also a 12-mile
segment upstream which flows through the Town of Epping, New
Hampshire. At the time of the designation of the 11.5-mile
segment, however, there was little local support for the
designation. The Town of Epping has since voted in support of
the designation (March 1999) and other locally-based support
also has been shown.
Committee Action
H.R. 1615 was introduced on April 28, 1999, by Congressman
John Sununu (R-NH). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On July 20, 1999, the
Subcommittee held a hearing on the bill where the
Administration testified in favor of the bill. On August 5,
1999, the Subcommittee met to consider the bill. No amendments
were offered and the bill was ordered favorably reported to the
Full Committee by voice vote. On September 22, 1999, the Full
Committee met to consider the bill. No amendments were offered
and the bill was then ordered favorably reported to the House
of Representatives by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congresssional Budget Office,
Washington, DC, October 5, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1615, the Lamprey
Wild and Scenic River Extension Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Victoria
Heid Hall (for federal costs), and Marjorie Miller (for the
state and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1615--Lamprey Wild and Scenic River Extension Act
H.R. 1615 would designate an additional 12-mile segment of
the Lamprey River in New Hampshire as a National Recreational
River. The segment would be managed by the Department of the
Interior's National Park Service (NPS). Based on information
from the NPS, CBO estimates that managing the additional river
segment would cost less than $100,000 a year, assuming
appropriation of the necessary amount. Because enacting H.R.
1615 would not affect direct spending or receipts, pay-as-you-
go procedures would not apply.
H.R. 1615 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. State
and local governments might incur some costs as a result of the
bill's enactment, but any such costs would be voluntary.
The CBO staff contacts are Victoria Heid Hall (for federal
costs), and Marjorie Miller (for the state and local impact).
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local, and Tribal Law
This bill is not intended to preempt any State, local, or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 3 OF THE WILD AND SCENIC RIVERS ACT
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) * * *
* * * * * * *
(158) Lamprey River, New Hampshire.--The [11.5-mile segment
extending from the southern Lee town line] 23.5-mile segment
extending from the Bunker Pond Dam in Epping to the confluence
with the Piscassic River in the vicinity of the Durham-
Newmarket town line (hereinafter in this paragraph referred to
as the ``segment'') as a recreational river. The segment shall
be administered by the Secretary of the Interior through
cooperation agreements between the Secretary and the State of
New Hampshire and its relevant political subdivisions, namely
the [towns of] towns of Epping, Durham, Lee, and Newmarket,
pursuant to section 10(e) of this Act. The segment shall be
managed in accordance with the Lamprey River Management Plan
dated January 10, 1995, and such amendments thereto as the
Secretary of the Interior determines are consistent with this
Act. Such plan shall be deemed to satisfy the requirements for
a comprehensive management plan pursuant to section 3(d) of
this Act.
* * * * * * *
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SECTION 405 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF
1996
SEC. 405. LAMPREY WILD AND SCENIC RIVER.
(a) * * *
(b) Management.--
(1) * * *
(2) Land management.--The zoning ordinances duly
adopted by the towns of Epping, Durham, Lee, and
Newmarket, New Hampshire, including provisions for
conservation of shorelands, floodplains, and wetlands
associated with the segment, shall be deemed to satisfy
the standards and requirements of section 6(c) of the
Wild and Scenic Rivers Act, and the provisions of that
section, which prohibit Federal acquisition of lands by
condemnation, shall apply to the segment designated by
subsection (a). The authority of the Secretary to
acquire lands for the purposes of this paragraph shall
be limited to acquisition by donation or acquisition
with the consent of the owner thereof, and shall be
subject to the additional criteria set forth in the
Lamprey River Management Plan.
[(c) Upstream Segment.--Upon request by the town of Epping,
which abuts an additional 12 miles of river found eligible for
designation as a recreational river, the Secretary of the
Interior shall offer assistance regarding continued involvement
of the town of Epping in the implementation of the Lamprey
River Management Plan and in consideration of potential future
addition of that portion of the river within Epping as a
component of the Wild and Scenic Rivers System.]