[House Report 106-678]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-678
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TAUNTON RIVER WILD AND SCENIC RIVER STUDY ACT OF 2000
_______
June 19, 2000.--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. 2778]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2778) to amend the Wild and Scenic Rivers Act to
designate segments of the Taunton River in the Commonwealth of
Massachusetts for study for potential addition to the National
Wild and Scenic Rivers System, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taunton River Wild and Scenic River
Study Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Taunton River in the State of Massachusetts possesses
important resource values (including wildlife, ecological, and
scenic values), historic sites, and a cultural past important
to the heritage of the United States;
(2) there is strong support among State and local officials,
area residents, and river users for a cooperative wild and
scenic river study of the area; and
(3) there is a longstanding interest among State and local
officials, area residents, and river users in undertaking a
concerted cooperative effort to manage the river in a
productive and meaningful way.
SEC. 3. DESIGNATION FOR STUDY.
Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is
amended--
(1) by designating the undesignated paragraph following (135)
as paragraph (136); and
(2) by adding at the end the following:
``(137) Taunton River, Massachusetts.--The segment downstream from
the headwaters, from the confluence of the Town River and the Matfield
River in Bridgewater to the confluence with the Forge River in Raynham,
Massachusetts.''.
SEC. 4. STUDY AND REPORT.
Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is
amended--
(1) by redesignating the second paragraph (8) as paragraph
(10);
(2) by redesignating the second paragraph (11) as paragraph
(12);
(3) by redesignating the third paragraph (11) as paragraph
(13);
(4) by redesignating the fourth paragraph (11) as paragraph
(14);
(5) by redesignating the first undesignated paragraph as
paragraph (15);
(6) by redesignating the second undesignated paragraph as
paragraph (16);
(7) in paragraph (16), as so redesignated by paragraph (6) of
this subsection, by striking ``paragraph ( )'' and inserting
``paragraph (136)''; and
(8) by adding at the end the following:
``(17) Taunton River, Massachusetts.--Not later than 3 years after
the date of enactment of this paragraph, the Secretary of the
Interior--
``(A) shall complete the study of the Taunton River,
Massachusetts; and
``(B) shall submit to Congress a report describing the
results of the study.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
Purpose of the Bill
The purpose of H.R. 2778 is to amend the Wild and Scenic
Rivers Act to designate segments of the Taunton River in the
Commonwealth of Massachusetts for study for potential addition
to the National Wild and Scenic Rivers System, and for other
purposes.
Background and Need for Legislation
H.R. 2778 would amend the Wild and Scenic Rivers Act to
authorize a study of the Taunton River in Massachusetts to
determine whether the river meets the requirements for
inclusion into the Wild and Scenic Rivers System. This river
contains a variety of wildlife, ecological, and scenic
resources, and also possesses a number of historical and
cultural sites important to America's heritage. The Taunton was
the first river the Pilgrims crossed as they spread inland from
the coast of Massachusetts, and for centuries served as an
avenue for trade among American Indians and European settlers.
The three-year study authorized by H.R. 2778 has strong
support from State and local officials, residents, and river
users. This study, conducted by the Secretary of the Interior,
will be submitted to Congress describing the results.
Committee Action
H.R. 2778 was introduced on August 5, 1999, by Congressman
John Joseph Moakley (D-MA). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands. On April 13,
2000, the Subcommittee met to consider the bill. An amendment
was offered by Congressman Carlos Romeo-Barcelo (D-PR), which
specified that certain portions of the river are to be included
in the study and also made technical corrections in the
numbering sequence of rivers in the Wild and Scenic Rivers Act.
The amendment was adopted by voice vote and the bill, as
amended, was then ordered favorably reported by to the Full
Committee by voice vote. On June 7, 2000, the Full Resources
Committee met to consider the bill. No further amendments were
offered and the bill, as amended, was 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,
Congressional Budget Office,
Washington, DC, June 15, 2000.
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. 2778, the Taunton
River Wild and Scenic River Study Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2778--Taunton River Wild and Scenic River Study Act of 2000
H.R. 2778 would direct the Secretary of the Interior to
study segments of the Taunton River in Massachusetts for
potential addition to the Wild and Scenic Rivers System. The
legislation would require the Secretary to complete the study
wihin three years of enactment. Based on information from the
National Park Service (NPS), CBO estimates that carrying out
the study would cost $400,000 over the next three years,
assuming the availability of approriated funds. Because
enacting H.R. 2778 would not affect direct spending or
receipts, pay-as-you-go procedures would not apply.
H.R. 2778 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no significant costs on state, local, or tribal
governments.
On November 21, 1999, CBO transmitted a cost estimate for
S. 1569, the Taunton River Wild and Scenic River Study Act of
1999, as ordered reported by the Senate Committee on energy and
Natural Resources on October 20, 1999. Differences between the
cost estimates for these pieces of legislation reflect new
information from the NPS regarding the cost of the study
authorized under each version of the legislation.
The CBO staff contact is Megan Carroll. 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 or 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 5 OF THE WILD AND SCENIC RIVERS ACT
Sec. 5.(a) The following rivers are hereby designated for
potential addition to the national wild and scenic rivers
system:
(1) Allegheny, Pennsylvania: The segment from its mouth to
the town of East Brady, Pennsylvania.
* * * * * * *
[( )] (136) Wekiva River, Florida.--(A) The entire river.
(B) The Seminole Creek tributary.
(C) The Rock Springs Run tributary.
(137) Taunton River, Massachusetts.--The segment downstream
from the headwaters, from the confluence of the Town River and
the Matfield River in Bridgewater to the confluence with the
Forge River in Raynham, Massachusetts.
(b)(1) The studies of rivers named in subparagraphs (28)
through (55) of subsection (a) of this section shall be
completed and reports thereon submitted by not later than
October 2, 1979: Provided, That with respect to the rivers
named in subparagraphs (33), (50), and (51), the Secretaries
shall not commence any studies until (i) the State legislature
has acted with respect to such rivers or (ii) one year from the
date of enactment of this Act, whichever is earlier. Studies of
the river named in paragraphs (38), (55), (83), and (87) shall
be completed and the reports transmitted to the Congress not
later than January 1, 1987.
* * * * * * *
[(8)] (10) The study of the river named in paragraph (106) of
subsection (a) shall be completed not later than three years
after the date of enactment of this paragraph. In carrying out
the study, the Secretary of the Interior shall consult with the
Governors of the States of Florida and Georgia or their
representatives, representatives of affected local governments,
and owners of land adjacent to the river. Such consultation
shall include participation in the assessment of resource
values and the development of alternatives for the protection
of those resource values, and shall be carried out through
public meetings and media notification. The study shall also
include a recommendation on the part of the Secretary as to the
role the States, local governments and landowners should play
in the management of the river if it were designated as a
component of the National Wild and Scenic Rivers System.
* * * * * * *
[(11)] (12)(A) The study of the White Clay Creek in Delaware
and Pennsylvania shall be completed and the report submitted
not later than 3 years after the date of enactment of this
paragraph.
(B) In carrying out the study, the Secretary of the Interior
shall prepare a map of the White Clay Creek watershed in
Delaware and Pennsylvania, and shall develop a recommended
management plan for the White Clay Creek. The plan shall
provide recommendations as to the protection and management of
the White Clay Creek, including the role the State and local
governments, and affected landowners, should play in the
management of the White Clay Creek if it is designated as a
component of the National Wild and Scenic Rivers System.
(C) The Secretary shall prepare the study, including the
recommended management plan, in cooperation and consultation
with appropriate State and local governments, and affected
landowners.
[(11)] (13) The study of segments of the Brule, Carp, Little
Manistee, White, Paint, Presque Isle, Ontonagon, Sturgeon
(Hiawatha), Sturgeon (Ottawa), Whitefish, and Tahquamenon
Rivers in Michigan under subsection (a) shall be completed by
the Secretary of Agriculture and the report submitted thereon
not later than at the end of the third fiscal year beginning
after the date of enactment of this paragraph. For purposes of
such river studies, the Secretary shall consult with each River
Study Committee authorized under section 5 of the Michigan
Scenic Rivers Act of 1990, and shall encourage public
participation and involvement through hearings, workshops, and
such other means as are necessary to be effective.
[(11)] (14)(A) The study of the Delaware River segments and
tributaries designated for potential addition to the National
Wild and Scenic Rivers System pursuant to section 5(a)( ) of
this Act shall be completed and the report submitted to
Congress not later than one year after the date of enactment of
this paragraph.
(B) The Secretary shall--
(i) prepare the study in cooperation and consultation
with appropriate Federal, State, regional, and local
agencies, including but not limited to, the
Pennsylvania Department of Environmental Resources, the
New Jersey Department of Environmental Protection and
Energy, the Delaware and Lehigh Navigation Canal
National Heritage Corridor Commission, and the Delaware
and Raritan Canal Commission; and
(ii) consider previous plans for the protection of
affected cultural, recreational, and natural resources
(including water supply and water quality) and existing
State and local regulations, so as to avoid unnecessary
duplication.
(C) Pursuant to section 11(b)(1) of this Act, the Secretary
shall undertake a river conservation plan for the segment of
the Delaware River from the northern city limits of Trenton,
New Jersey, to the Southern boundary of Bucks County,
Pennsylvania.
[( )] (15) The study of the Rio Grande in New Mexico shall
be completed and the report submitted not later than 3 years
after the date of enactment of this paragraph.
[( )] (16) The study of the Wekiva River and the tributaries
designated in paragraph [( )] (136) of subsection (a) shall be
completed and the report transmitted to Congress not later than
two years after the date of the enactment of this paragraph.
(17) Taunton River, Massachusetts.--Not later than 3 years
after the date of enactment of this paragraph, the Secretary of
the Interior--
(A) shall complete the study of the Taunton
River, Massachusetts; and
(B) shall submit to Congress a report
describing the results of the study.
* * * * * * *