[DOCID: f:sr355.110]
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Calendar No. 787
110th Congress Report
SENATE
2d Session 110-355
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TAUNTON RIVER LEGACY ACT
_______
June 16, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 868]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 868) to amend the Wild and Scenic Rivers
Act to designate segments of the Taunton River in the
Commonwealth of Massachusetts as a component of the National
Wild and Scenic Rivers System, having considered the same,
reports favorably thereon with an amendment and recommends 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. DESIGNATION OF TAUNTON RIVER, MASSACHUSETTS.
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:
``(171) Taunton river, massachusetts.--The main stem of the
Taunton River from its headwaters at the confluence of the Town
and Matfield Rivers in the Town of Bridgewater downstream 40
miles to the confluence with the Quequechan River at the Route
195 Bridge in the City of Fall River, to be administered by the
Secretary of the Interior in cooperation with the Taunton River
Stewardship Council as follows:
``(A) The 18-mile segment from the confluence of the
Town and Matfield Rivers to Route 24 in the Town of
Raynham, as a scenic river.
``(B) The 5-mile segment from Route 24 to 0.5 miles
below Weir Bridge in the City of Taunton, as a
recreational river.
``(C) The 8-mile segment from 0.5 miles below Weir
Bridge to Muddy Cove in the Town of Dighton, as a
scenic river.
``(D) The 9-mile segment from Muddy Cove to the
confluence with the Quequechan River at the Route 195
Bridge in the City of Fall River, as a recreational
river.''.
SEC. 2. MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS.
(a) Taunton River Stewardship Plan.--
(1) In general.--Each river segment designated by section
3(a)(171) of the Wild and Scenic Rivers Act (as added by
section 1) shall be managed in accordance with the Taunton
River Stewardship Plan, dated July 2005 (including any
amendment to the Taunton River Stewardship Plan that the
Secretary of the Interior (referred to in this section as the
``Secretary'') determines to be consistent with this Act).
(2) Effect.--The Taunton River Stewardship Plan described in
paragraph (1) shall be considered to satisfy each requirement
relating to the comprehensive management plan required under
section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)).
(b) Cooperative Agreements.--To provide for the long-term protection,
preservation, and enhancement of each river segment designated by
section 3(a)(171) of the Wild and Scenic Rivers Act (as added by
section 1), pursuant to sections 10(e) and 11(b)(1) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may
enter into cooperative agreements (which may include provisions for
financial and other assistance) with--
(1) the Commonwealth of Massachusetts (including political
subdivisions of the Commonwealth of Massachusetts);
(2) the Taunton River Stewardship Council; and
(3) any appropriate nonprofit organization, as determined by
the Secretary.
(c) Relation to National Park System.--Notwithstanding section 10(c)
of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river
segment designated by section 3(a)(171) of the Wild and Scenic Rivers
Act (as added by section 1) shall not be--
(1) administered as a unit of the National Park System; or
(2) subject to the laws (including regulations) that govern
the administration of the National Park System.
(d) Land Management.--
(1) Zoning ordinances.--The zoning ordinances adopted by the
Towns of Bridgewater, Halifax, Middleborough, Raynham, Berkley,
Dighton, Freetown, and Somerset, and the Cities of Taunton and
Fall River, Massachusetts (including any provision of the
zoning ordinances relating to the conservation of floodplains,
wetlands, and watercourses associated with any river segment
designated by section 3(a)(171) of the Wild and Scenic Rivers
Act (as added by section 1)), shall be considered to satisfy
each standard and requirement described in section 6(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(2) Villages.--For the purpose of section 6(c) of the Wild
and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described
in paragraph (1) shall be considered to be a village.
(3) Acquisition of land.--
(A) Limitation of authority of secretary.--With
respect to each river segment designated by section
3(a)(171) of the Wild and Scenic Rivers Act (as added
by section 1), the Secretary may only acquire parcels
of land--
(i) by donation; or
(ii) with the consent of the owner of the
parcel of land.
(B) Prohibition relating to acquisition of land by
condemnation.--In accordance with section 6(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with
respect to each river segment designated by section
3(a)(171) of the Wild and Scenic Rivers Act (as added
by section 1), the Secretary may not acquire any parcel
of land by condemnation.
Purpose
The purpose of S. 868 is to amend the Wild and Scenic
Rivers Act to designate segments of the Taunton River in the
Commonwealth of Massachusetts as a component of the National
Wild and Scenic Rivers System.
Background and Need
The Taunton River is one of Massachusetts' and New
England's most significant anadromous fish rivers. It supports
the state's largest herring run. The Taunton system supports
anadromous and catadromous fish species, including alewife,
blueback herring, American eel, American shad, rainbow smelt,
white perch, striped bass, and the endangered Atlantic
sturgeon.
Public Law 106-318 required the Secretary of the Interior
to complete a study of the Taunton River to assess whether or
not the river is suitable to be designated as a component of
the Wild and Scenic River system.
Between November 2004 and July 2005, the legislative bodies
of all ten communities abutting the mainstem of the Taunton
River voted to support the Wild and Scenic River designation.
In June 2007, the National Park Service released a draft
study entitled, ``Taunton Wild and Scenic River Study, Draft
Report and Environmental Assessment.'' The draft study states
that ``[a]ll 40 miles of the mainstem of the Taunton River have
been found eligible for Wild and Scenic River designation based
upon free-flowing condition and the presence of one or more
outstandingly remarkable natural or cultural resource value. .
. . Outstandingly remarkable values include fisheries; history
and archaeology; ecology and biodiversity; and scenery and
recreation.'' The Park Service expects to complete its final
study in 2008.
Legislative History
S. 868 was introduced by Senator Kennedy and Senator Kerry
on March 13, 2007. The Subcommittee on National Parks held a
hearing on S. 868 on September 11, 2007 (S. Hrg. 110-213). The
Committee on Energy and Natural Resources ordered the bill
favorably reported on May 7, 2008.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 868, if amended as
described herein.
Committee Amendment
During its consideration of S. 868, the Committee adopted
an amendment in the nature of a substitute. The amendment
requires that the river segments designated by section 1 be
managed in accordance with the Taunton River Stewardship Plan,
dated July 2005. In addition, the amendment authorizes the
Secretary to enter into cooperative agreements with state and
local government entities as well as nonprofit organizations to
provide for the long-term protection of the river. Finally, the
amendment states that the local ordinances shall be considered
to satisfy each standard and requirement described in section
6(c) of the Wild and Scenic Rivers Act.
Section-by-Section Analysis
Section 1 amends section 3(a) of the Wild and Scenic Rivers
Act to designate segments of the Taunton River as components of
the National Wild and Scenic Rivers System.
Section 2(a) requires that the segments designated by
section 1 shall be managed in accordance with the Taunton River
Stewardship Plan. This subsection also states that the Taunton
River Stewardship Plan shall be considered to satisfy each
requirement relating to the comprehensive management plan
required under section 3(d) of the Wild and Scenic Rivers Act.
Subsection (b) authorizes the Secretary of the Interior to
enter into cooperative agreements with the Commonwealth of
Massachusetts, the Taunton River Stewardship Council, and any
appropriate nonprofit organization.
Subsection (c) states that, notwithstanding section 10(c)
of the Wild and Scenic Rivers Act, each segment designation by
section 1 shall not be administered as a unit of the National
Park System or subject to the laws that govern the
administration of the National Park System.
Paragraph (d)(1) states that the zoning ordinances adopted
by local towns and cities in the vicinity of the Taunton River
shall be considered to satisfy each standard and requirement
described in section 6(c) of the Wild and Scenic Rivers Act.
Paragraph (2) states that for the purpose of section 6(c)
of the Wild and Scenic Rivers Act, each town described in
paragraph (1) shall be considered to be a village.
Paragraph (3) authorizes the Secretary, with respect to
each river segment designated by section 1, to acquire parcels
of land only by donation or with the consent of the owner. This
paragraph also prohibits the Secretary from acquiring any land
by condemnation.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 868--A bill to amend the Wild and Scenic Rivers Act to designate
segments of the Taunton River in the commonwealth of
Massachusetts as a component of the National Wild and Scenic
Rivers System
S. 868 would designate four segments of the Taunton River
in Massachusetts as scenic or recreational rivers under the
Wild and Scenic Rivers Act. The bill would authorize the
Secretary of the Interior to execute cooperative agreements
with Massachusetts and local nonprofit organizations to manage
the newly designated segments, which encompass about 40 miles
of the river between the towns of Bridgewater and Fall River.
Based on information provided by the National Park Service and
assuming the availability of appropriated funds, CBO estimates
that the agency would spend about $150,000 a year to manage the
designated areas. Enacting S. 868 would not affect direct
spending or revenues.
S. 868 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 868. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 868, as ordered reported.
Congressionally Directed Spending
S. 868, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
September 11, 2007, subcommittee hearing on S. 868 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee today to discuss the views of the
Department of the Interior on S. 868, a bill to amend the Wild
and Scenic Rivers Act by designating a segment of the Taunton
River as a component of the national wild and scenic rivers
system.
The Department is currently completing the study authorized
by Public Law 106-318 to determine the eligibility and
suitability of the Taunton River for inclusion in the national
wild and scenic rivers system. The draft report and
environmental assessment is currently out for public and agency
comment, with the comment period scheduled to close on
September 17, 2007. We request that the committee defer action
on the bill until the study is complete. In addition, if this
bill moves forward, we would like to work with the committee to
make this bill consistent with other wild and scenic river
designation bills that have been enacted by Congress.
S. 868 would designate the entire 40-mile main stem of the
Taunton River as a component of the national wild and scenic
rivers system. This corresponds to ``Alternative B: Full
Designation'' as described in the draft report, and is
identified in the draft as the environmentally preferred
alternative because it is the alternative that, by virtue of
its inclusion of the entire main stem in the designation,
provides the highest degree of protection. The draft study does
not include an agency preferred alternative. The
environmentally preferred alternative is supported by the town
meeting and city council votes of all ten communities abutting
the Taunton River, as documented in the draft report and the
companion document developed during the study, the Taunton
River Stewardship Plan, dated July 2005.
The draft report concludes that the Taunton River meets the
eligibility requirements of the Wild and Scenic Rivers Act by
virtue of its free-flowing condition and presence of one or
more outstandingly remarkable resource values. The 40-mile
Taunton River is the longest undammed coastal river in New
England. This unique character, including the lack of a head-
of-tide dam, is directly related to outstandingly remarkable
values identified during the study, including fish, ecology and
biological diversity, and recreation. As such, the Taunton
River represents a natural fit with Wild and Scenic River Act
purposes of recognizing and protecting special free-flowing
rivers and the values they support.
The Taunton River is recognized as the most significant
river in Massachusetts for anadromous fish species, including
alewife, blueback herring, American shad, hickory shad, gizzard
shad and rainbow smelt, a direct result of the free-flowing
character of the river which allows these and other species
unfettered access to spawning tributaries. Similarly, the
broader ecology of the river is unusually diverse and intact,
supporting 31 distinct wildlife habitats, globally rare plant
species, regionally significant freshwater and brackish tidal
marshes, and many rare species of birds and amphibians. A
Nature Conservancy study has concluded that the Taunton River
represents one of the most unique, diverse, and intact
ecosystems in the North Atlantic Ecoregion, from Delaware to
Maine. Recreationally, the 40-mile Taunton River offers
outstanding flatwater paddling, and, in the lower river,
additional opportunities for broader recreational uses
including power boating and sailing.
The study authorized by Public Law 106-318 has been
conducted in partnership with the local communities of the
Taunton River, the Commonwealth of Massachusetts, and other
local river interests based upon the partnership wild and
scenic river model. This model recognizes and anticipates a
limited federal role stemming from the lack of federal land
ownership. Successful planning and management under these
circumstances requires the fundamental support and involvement
of state and local interests. This common basis of support and
involvement for the Taunton River is outlined in the Taunton
River Stewardship Plan (July, 2005). This plan and the strong
support it has received through the extensive public
involvement of the study, is the principal basis for the draft
report's conclusion that the Taunton River can be effectively
managed and protected as a component of the national wild and
scenic rivers system, and thereby meets the criteria for wild
and scenic river suitability. The management scheme proposed in
the stewardship plan is similar to ones that have proven
effective on other partnership wild and scenic rivers,
including the Sudbury, Concord, and Assabet Rivers also in
Massachusetts.
It is important to point out that the draft report is out
for public review and comment. Once the study is complete, the
Secretary is required by law to submit to the President a
report on the suitability or nonsuitability of the river for
addition to the national wild and scenic rivers system. The
President is then required to report to the Congress his
recommendations and proposals with respect to the designation
of the studied river. If the President recommends that this
river be included in the system, we would like to work with the
committee on several amendments to the bill to clarify the
management scheme for the river and to conform to established
legislative models. It would be particularly important in this
regard to consider the Taunton River Stewardship Plan as the
basis for management of the designated wild and scenic river
segment.
Mr. Chairman, this concludes my prepared remarks, and I
would be happy to answer any questions you or other committee
members may have regarding this bill.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 868 as ordered 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):
WILD AND SCENIC RIVERS ACT
(Public Law 90-542; Approved October 2, 1968)
AN ACT To provide a National 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, That (a)
this Act may be cited as 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:
* * * * * * *
(171) Taunton river, massachusetts.--
The main stem of the Taunton River from its headwaters at
the confluence of the Town and Matfield Rivers in the Town of
Bridgewater downstream 40 miles to the confluence with the
Quequechan River at the Route 195 Bridge in the City of Fall
River, to be administered by the Secretary of the Interior in
cooperation with the Taunton River Stewardship Council as
follows:
(A) The 18-mile segment from the confluence
of the Town and Matfield Rivers to Route 24 in
the Town of Raynham, as a scenic river.
(B) The 5-mile segment from Route 24 to 0.5
miles below Weir Bridge in the City of Taunton,
as a recreational river.
(C) The 8-mile segment from 0.5 miles below
Weir Bridge to Muddy Cove in the Town of
Dighton, as a scenic river.
(D) The 9-mile segment from Muddy Cove to the
confluence with the Quequechan River at the
Route 195 Bridge in the City of Fall River, as
a recreational river.
* * * * * * *
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