H. Rept. 113-223 - 113th Congress (2013-2014)

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House Report 113-223 - YORK RIVER WILD AND SCENIC RIVER STUDY ACT OF 2013

[House Report 113-223]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-223

======================================================================



 
           YORK RIVER WILD AND SCENIC RIVER STUDY ACT OF 2013

                                _______
                                

 September 20, 2013.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2197]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2197) to amend the Wild and Scenic Rivers Act to 
designate segments of the York River and associated tributaries 
for study for potential inclusion in the National Wild and 
Scenic Rivers System, 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. 2197 is to amend the Wild and Scenic 
Rivers Act to designate segments of the York River and 
associated tributaries for study for potential inclusion in the 
National Wild and Scenic Rivers System.

                  Background and Need for Legislation

    H.R. 2197 authorizes the National Park Service (NPS) to 
study 11.25 miles of the York River, in the State of Maine, 
from its headwaters at York Pond to the mouth of the river at 
York Harbor, plus its tributaries, for possible inclusion in 
the Wild and Scenic Rivers System. The Wild and Scenic Rivers 
Act of 1968 was intended to put a development freeze on rivers 
to preserve their ``free-flowing'' values against the influx of 
man-made dams being constructed at the time. Temporary 
restrictions on actions involving federal participation 
accompany the designation of a river during the study period.
    Although no risks to the York River necessitating federal 
designation were identified, proponents of the study explained 
that they would benefit from the expertise of NPS and the 
interaction with the community and students.
    Typically, rivers that may be included in the Wild and 
Scenic Rivers program operated by NPS are first studied for 
their suitability. The river is evaluated on its free-flowing 
condition and classified as wild, scenic or recreational, 
depending on the amount of development on and near the river.
    H.R. 2197 includes several critical components to the study 
that will be undertaken by the NPS. First, NPS is required to 
consider the effect of designation on commercial and 
recreational uses, such as hunting, fishing and boating. 
Second, NPS must look at the impact on construction and 
maintenance of energy production and transmission. Third, NPS 
must identify private property within the study area and 
identify all authorities that could be utilized to condemn 
land.
    Concerns have been raised that the Wild and Scenic Rivers 
Act contains several authorities allowing the federal 
condemnation of private property. As Wild and Scenic Rivers are 
purported to be locally-driven projects, the Committee sees no 
reason why property owners should be left in the dark regarding 
the inclusion of their property in a federal designation. For 
the study process to be authentically derived from the 
community, the facts and limitations on property rights that 
may result from a designation must be revealed.
    Finally, the study will identify those authorities that 
compel NPS to involve itself in local zoning. While federal 
designation of the York River may be appealing to some, the 
community should be aware that the Wild and Scenic Rivers Act 
requires local zoning to conform to the dictates of the Act. 
Representatives of the federal government would have a role in 
the development of local zoning ordinances. It should be noted 
that the study not only includes the York River, but 
tributaries as well. The size and scope of the resulting 
designation could be well beyond what is currently anticipated 
in the impacted towns.

                            Committee Action

    H.R. 2197 was introduced on May 23, 2013, by Congresswoman 
Chellie Pingree (D-ME). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Public Lands and Environmental Regulation. On 
July 24, 2013, the full Natural Resources Committee met to 
consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
No amendments were offered, and the bill was adopted and 
ordered favorably reported to the House of Representatives by 
unanimous consent.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

H.R. 2197--York River Wild and Scenic River Study Act of 2013

    H.R. 2197 would require the National Park Service (NPS) to 
study a segment of the York River in the state of Maine for 
potential addition to the Wild and Scenic Rivers System. Based 
on information provided by the NPS, CBO estimates that 
implementing the legislation would cost about $300,000 over the 
next three years, assuming availability of appropriated funds. 
Enacting H.R. 2197 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 2197 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 Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information provided by 
the NPS, CBO estimates that implementing the legislation would 
cost about $300,000 over the next three years, assuming 
availability of appropriated funds.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Wild and Scenic Rivers 
Act to designate segments of the York River and associated 
tributaries for study for potential inclusion in the National 
Wild and Scenic Rivers System.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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 (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

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.
  (2) Bruneau, Idaho: The entire main stem.
  (3) Buffalo, Tennessee: The entire river.
  (4) Chattooga, North Carolina, South Carolina, and Georgia: 
The entire river.
  (5) Clarion, Pennsylvania: The segment between Ridgway and 
its confluence with the Allegheny River.
  (6) Delaware, Pennsylvania and New York: The segment from 
Hancock, New York, to Matamoras, Pennsylvania.
  (7) Flathead, Montana: The North Fork from the Canadian 
border downstream to its confluence with the Middle Fork; the 
Middle Fork from its headwaters to its confluence with the 
South Fork; and the South Fork from its origin to Hungry Horse 
Reservoir.
  (8) Gasconade, Missouri: The entire river.
  (9) Illinois, Oregon: The entire river.
  (10) Little Beaver, Ohio: The segment of the North and Middle 
Forks of the Little Beaver River in Columbiana County from a 
point in the vicinity of Negly and Elkton, Ohio, downstream to 
a point in the vicinity of East Liverpool, Ohio.
  (11) Little Miami, Ohio: That segment of the main stem of the 
river, exclusive of its tributaries, from a point at the 
Warren-Clermont County line at Loveland, Ohio, upstream to the 
sources of Little Miami including North Fork.
  (12) Maumee, Ohio and Indiana: The main stem from Perrysburg, 
Ohio, to Fort Wayne, Indiana, exclusive of its tributaries in 
Ohio and inclusive of its tributaries in Indiana.
  (13) Missouri, Montana: The segment between Fort Benton and 
Ryan Island.
  (14) Moyie, Idaho: The segment from the Canadian border to 
its confluence with the Kootenai River.
  (15) Obed, Tennessee: The entire river and its tributaries, 
Clear Creek and Daddys Creek.
  (16) Penobscot, Maine: Its east and west branches.
  (17) Pere Marquette, Michigan: The entire river.
  (18) Pine Creek, Pennsylvania: the segment from Ansonia to 
Waterville.
  (19) Priest, Idaho: The entire main stem.
  (20) Rio Grande, Texas: The portion of the river between the 
west boundary of Hudspeth County and the east boundary of 
Terrell County on the United States side of the river: 
Provided, That before undertaking any study of this potential 
scenic river, the Secretary of the Interior shall determine, 
through the channels of appropriate executive agencies, that 
Mexico has no objection to its being included among the studies 
authorized by this Act.
  (21) Saint Croix, Minnesota and Wisconsin: The segment 
between the dam near Taylors Falls and its confluence with the 
Mississippi River.
  (22) Saint Joe, Idaho: The entire main stem.
  (23) Salmon, Idaho: The segment from the town of North Fork 
to its confluence with the Snake River.
  (24) Skagit, Washington: The segment from the town of Mount 
Vernon to and including the mouth of Bacon Creek; the Cascade 
River between its mouth and the junction of its North and South 
Forks; the South Fork to the boundary of the Glacier Peak 
Wilderness Area; the Suiattle River from its mouth to the 
Glacier Peak Wilderness Area boundary at Milk Creek; the Sauk 
River from its mouth to its junction with Elliott Creek; the 
North Fork of the Sauk River from its junction with the South 
Fork of the Sauk to the Glacier Peak Wilderness Area boundary.
  (25) Suwannee, Georgia and Florida: The entire river from its 
source in the Okefenokee Swamp in Georgia to the gulf and the 
outlying Ichetucknee Springs, Florida.
  (26) Upper Iowa, Iowa: The entire river.
  (27) Youghiogheny, Maryland and Pennsylvania: The segment 
from Oakland, Maryland, to the Youghiogheny Reservoir, and from 
the Youghiogheny Dam downstream to the town of Connellsville, 
Pennsylvania.
  (28) American, California: The North Fork from the Cedars to 
the Auburn Reservoir.
  (29) Au Sable, Michigan: The segment downstream from Foot Dam 
to Oscoda and upstream from Loud Reservoir to its source, 
including its principal tributaries and excluding Mio and 
Bamfield Reservoirs.
  (30) Big Thompson, Colorado: The segment from its source to 
the boundary of Rocky Mountain National Park.
  (31) Cache la Poudre, Colorado: Both forks from their sources 
to their confluence, thence the Cache la Poudre to the eastern 
boundary of Roosevelt National Forest.
  (32) Cahaba, Alabama: The segment from its junction with 
United States Highway 31 south of Birmingham downstream to its 
junction with United States Highway 80 west of Selma.
  (33) Clarks Fork, Wyoming: The segment from the Clark's Fork 
Canyon to the Crandall Creek Bridge.
  (34) Colorado, Colorado and Utah: The segment from its 
confluence with the Dolores River, Utah, upstream to a point 
19.5 miles from the Utah-Colorado border in Colorado.
  (35) Conejos, Colorado: The three forks from their sources to 
their confluence, thence the Conejos to its first junction with 
State Highway 17, excluding Platoro Reservoir.
  (36) Elk, Colorado: The segment from its source to Clark.
  (37) Encampment, Colorado: The Main Fork and West Fork to 
their confluence, thence the Encampment to the Colorado-Wyoming 
border, including the tributaries and headwaters.
  (38) Green, Colorado: The entire segment within the State of 
Colorado.
  (39) Gunnison, Colorado: The segment from the upstream 
(southern) boundary of the Black Canyon of the Gunnison 
National Monument to its confluence with the North Fork.
  (40) Illinois, Oklahoma: The segment from Tenkiller Ferry 
Reservoir upstream to the Arkansas-Oklahoma border, including 
the Flint and Barren Fork Creeks.
  (41) John Day, Oregon: The main stem from Service Creek 
Bridge (at river mile 157) downstream to Tumwater Falls (at 
river mile 10).
  (42) Kettle, Minnesota: The entire segment within the State 
of Minnesota.
  (43) Los Pinos, Colorado: The segment from its source, 
including the tributaries and headwaters within the San Juan 
Primitive Area, to the northern boundary of the Granite Peak 
Ranch.
  (44) Manistee, Michigan: The entire river from its source to 
Manistee Lake, including its principal tributaries and 
excluding Tippy and Hodenpyl Reservoirs.
  (45) Nolichuckey, Tennessee and North Carolina: The entire 
main stem.
  (46) Owyhee, South Fork, Oregon: The main stem from the 
Oregon-Idaho border downstream to the Owyhee Reservoir.
  (47) Piedra, Colorado: The Middle Fork and East Fork from 
their sources to their confluence, thence the Piedra to its 
junction with Colorado Highway 10.
  (48) Shepaug, Connecticut: The entire river.
  (49) Sipsey Fork, West Fork, Alabama: The segment, including 
its tributaries, from the impoundment formed by the Lewis M. 
Smith Dam upstream to its source in the William B. Bankhead 
National Forest.
  (50) Snake, Wyoming: The segment from the southern boundaries 
of Teton National Park to the entrance to Palisades Reservoir.
  (51) Sweetwater, Wyoming: The segment from Wilson Bar 
downstream to Spring Creek.
  (52) Tuolumne, California: The main river from its source on 
Mount Dana and Mount Lyell in Yosemite National Park to Don 
Pedro Reservoir.
  (53) Upper Mississippi, Minnesota: The segment from its 
source at the outlet of Itasca Lake to its junction with the 
northwestern boundary of the city of Anoka.
  (54) Wisconsin, Wisconsin: The segment from Prarie du Sac to 
its confluence with the Mississippi River at Prairie du Chien.
  (55) Yampa, Colorado: The segment within the boundaries of 
the Dinosaur National Monument.
  (56) Dolores, Colorado: The segment of the main stem from 
Rico upstream to its source, including its headwaters; the West 
Dolores from its source, including its headwaters, downstream 
to its confluence with the main stem; and the segment from the 
west boundary, section 2, township 38 north, range 16 west, 
NMPM, below the proposed McPhee Dam, downstream to the 
Colorado-Utah border, excluding the segment from one mile above 
Highway 90 to the confluence of the San Miguel River.
  (57) Snake, Washington, Oregon, and Idaho: The segment from 
an eastward extension of the north boundary of section 1, 
township 5 north, range 47 east, Williamette meridian, 
downstream to the town of Asotin, Washington.
  (58) Housatonic, Connecticut: The segment from the 
Massachusetts-Connecticut boundary downstream to its confluence 
with the Shepaug River.
  (59) Kern, California.--The main stem of the North Fork from 
its source to Isabelle Reservoir excluding its tributaries.
  (60) Loxahatchee, Florida.--The entire river including its 
tributary, North Fork.
  (61) Ogeechee, Georgia.--The entire river.
  (62) Salt, Arizona.--The main stem from a point on the north 
side of the river intersected by the Fort Apache Indian 
Reservation boundary (north of Buck Mountain) downstream to 
Arizona State Highway 288.
  (63) Verde, Arizona.--The main stem from the Prescott 
National Forest boundary near Paulden to the vicinity of Table 
Mountain, approximately 14 miles above Horseshoe Reservoir, 
except for the segment not included in the national forest 
between Clarkdale and Camp Verde, North segment.
  (64) San Francisco, Arizona.--The main stem from confluence 
with the Gila upstream to the Arizona-New Mexico border, except 
for the segment between Clifton and the Apache National Forest.
  (65) Fish Creek, New York.--The entire East Branch.
  (66) Black Creek, Mississippi.--The segment from Big Creek 
Landing in Forrest County downstream to Old Alexander Bridge 
Landing in Stone County.
  (67) Allegheny, Pennsylvania.--The main stem from Kinzua Dam 
downstream to East Brady.
  (68) Cacapon, West Virginia.--The entire river.
  (69) Escatawpa, Alabama and Mississippi.--The segment 
upstream from a point approximately one mile downstream from 
the confluence of the Escatawpa River and Jackson Creek to a 
point where the Escatawpa River is joined by the Yellowhouse 
Branch in Washington County, Alabama, near the town of Deer 
Park, Alabama; and the segment of Brushy Creek upstream from 
its confluence with the Escatawpa to its confluence with 
Scarsborough Creek.
  (70) Myakka, Florida.--The segment south of the southern 
boundary of the Myakka River State Park.
  (71) Soldier Creek, Alabama.--The segment beginning at the 
point where Soldier Creek intersects the south line of section 
31, township 7 south, range 6 east, downstream to a point on 
the south line of section 6, township 8 south, range 6 east, 
which point is 1,322 feet west of the south line of section 5, 
township 8 south, range 6 east in the county of Baldwin, State 
of Alabama.
  (72) Red, Kentucky.--The segment from Highway numbered 746 
(also known as Spradlin Bridge) in Wolf County, Kentucky, 
downstream to the point where the river descends below seven 
hundred feet above sea level (in its normal flow) which point 
is at the Menifee and Powell County line just downstream of the 
iron bridge where Kentucky Highway numbered 77 passes over the 
river.
  (73) Bluestone, West Virginia.--From its headwaters to its 
confluence with the New.
  (74) Gauley, West Virginia.--Including the tributaries of the 
Meadow and the Cranberry, from the headwaters to its confluence 
with the New.
  (75) Greenbrier, West Virginia.--From its headwaters to its 
confluence with the New.
  (76) Birch, West Virginia.--The main stem from the Cora Brown 
Bridge in Nicholas County to the confluence of the river with 
the Elk River in Braxton County.
  (77) Colville, Alaska.
  (78) Etivluk-Nigu, Alaska.
  (79) Utukok, Alaska.
  (80) Kanektok, Alaska.
  (81) Kisaralik, Alaska.
  (82) Melozitna, Alaska.
  (83) Sheenjek (lower segment), Alaska.
  (84) Situk, Alaska.
  (85) Porcupine, Alaska.
  (86) Yukon (Ramparts section), Alaska.
  (87) Squirrel, Alaska.
  (88) Koyuk, Alaska.
  (89) Wildcat Brook, New Hampshire: The segment from its 
headwaters including the principal tributaries to its 
confluence with the Ellis River. The study authorized in this 
paragraph shall be completed no later than six years from the 
date of enactment of this paragraph and an interim report shall 
be prepared and submitted to the Congress no later than three 
years from the date of enactment of this paragraph.
  (90) Horsepasture, North Carolina: The segment from Bohaynee 
Road (N.C. 281) downstream to Lake Jocassee.
  (91) The North Umpqua, Oregon: The segment from the Soda 
Springs Powerhouse to the confluence of Rock Creek. The 
provisions of section 7(a) shall apply to tributary Steamboat 
Creek in the same manner as such provisions apply to the rivers 
referred to in such section 7(a). The Secretary of Agriculture 
shall, in the Umpqua National Forest plan, provide that 
management practices for Steamboat Creek and its immediate 
environment conserve, protect, and enhance the anadromous fish 
habitat and population.
  (92) Farmington, West Branch, Connecticut and 
Massachusetts.--The segment from the intersection of the New 
Hartford-Canton, Connecticut, town line upstream to the base of 
the West Branch Reservoir in Hartland, Connecticut; and the 
segment from the confluence with Thorp Brook in Sandisfield, 
Massachusetts, to Hayden Pond in Otis, Massachusetts.
  (93) Great Egg Harbor River, New Jersey: The entire river.
  (94) Klickitat, Washington: The segment from the southern 
boundary of the Yakima Indian Reservation, Washington, as 
described in the Treaty with the Yakimas of 1855 (12 Stat. 
951), and as acknowledged by the Indian Claims Commission in 
Yakima Tribe of Indians v. U.S., 16 Ind. Cl. Comm. 536 (1966), 
to its confluence with the Little Klickitat River, Washington: 
Provided, That said study shall be carried on in consultation 
with the Yakima Indian Nation and shall include a determination 
of the degree to which the Yakima Indian Nation should 
participate in the preservation and administration of the river 
segment should it be proposed for inclusion in the Wild and 
Scenic Rivers system.
  (95) White Salmon, Washington: The segment from its 
confluence with Trout Lake Creek, Washington, to its confluence 
with Gilmer Creek, Washington, near the town of B Z Corner, 
Washington. 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.
  (96) Maurice, New Jersey.--The segment from Shell Pile to the 
point three miles north of Laurel Lake.
  (97) Manumuskin, New Jersey.--The segment from its confluence 
with the Maurice River to the crossing of State Route 49.
  (98) Menantico Creek, New Jersey.--The segment from its 
confluence with the Maurice River to its source.
  (99) Merced, California.--The segment from a point 300 feet 
upstream of the confluence with Bear Creek downstream to the 
point of maximum flood control storage of Lake McClure 
(elevation 867 feet mean sea level).
  (100) Blue, Oregon.--The segment from its headwaters to the 
Blue River Reservoir; by the Secretary of Agriculture.
  (101) Chewaucan, Oregon.--The segment from its headwaters to 
the Paisley Urban Growth boundary to be studied in cooperation 
with, and integrated with, the Klamath River Basin Plan; by the 
Secretary of Agriculture.
  (102) North Fork Malheur, Oregon.--The segment from the 
Malheur National Forest boundary to Beulah Reservoir; by the 
Secretary of the Interior.
  (103) South Fork McKenzie, Oregon.--The segments from its 
headwaters to the upper end of Cougar Reservoir and from the 
lower end of Cougar Reservoir to its confluence with the 
McKenzie River; by the Secretary of Agriculture.
  (104) Steamboat Creek, Oregon.--The entire creek; by the 
Secretary of Agriculture.
  (105) Wallowa, Oregon.--The segment from its confluence with 
the Minam River to its confluence with the Grande Ronde River; 
by the Secretary of Agriculture.
  (106) Merrimack River, New Hampshire.--The segment from its 
origin at the confluence of the Pemigewasset and Winnipesaukee 
Rivers in Franklin, New Hampshire, to the backwater impoundment 
at Hooksett Dam, excluding the Garvins Falls Dam and its 
impoundment.
  (107) Pemigewasset, New Hampshire.--The segments from Profile 
Lake downstream to the southern boundary of the Franconia Notch 
State Park and from the northern Thornton town-line downstream 
to the backwater of the Ayers Island Dam; by the Secretary of 
the Interior.
  (108) St. Marys River, Florida and Georgia.--The segment from 
its headwaters to its confluence with the Bells River.
  (109) Mills River, North Carolina.--The North Fork from the 
bottom of the spillway of the Hendersonville Reservoir 
downstream to its confluence with the South Fork; the South 
Fork from its confluence with the Pigeon Branch downstream to 
its confluence with the North Fork; and the main stem from the 
confluence of the North and South Forks downstream to a point 
750 feet upstream from the centerline of North Carolina Highway 
191/280.
  (110) Sudbury, Assabet, and Concord, Massachussets.--The 
segment of the Sudbury from the Danforth Street Bridge in the 
town of Framingham, to its confluence with the Assabet, the 
Assabet from 1,000 feet downstream of the Damon Mill Dam in 
Concord to its confluence with the Sudbury and the Concord from 
the confluence of the Sudbury and Assabet downstream to the 
Route 3 Bridge in the town of Billerica. The study of such 
river segments shall be completed 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.
  (111) Niobrara, Nebraska.--The 6-mile segment of the river 
from its confluence with Chimney Creek to its confluence with 
Rock Creek.
  (112) Lamprey, New Hampshire.--The segment from the southern 
Lee town line downstream to the confluence with Woodman's Brook 
at the base of Sullivan Falls in Durham.
  (113) White Clay Creek, Delaware and Pennsylvania.--The 
headwaters of the river in Pennsylvania to its confluence with 
the Christina River in Delaware, including the East, West, and 
Middle Branches, Middle Run, Pike Creek, Mill Creek, and other 
main branches and tributaries as determined by the Secretary of 
the Interior (herein after referred to as the White Clay 
Creek).
  (114) Brule, Michigan and Wisconsin.--The 33-mile segment 
from Brule Lake in the northeast quarter of section 15, 
township 41 north, range 13 east, to the National Forest 
boundary at the southeast quarter of section 31, township 41 
north, range 17 east.
  (115) Carp, Michigan.--The 7.6-mile segment from its origin 
at the confluence of the outlets of Frenchman Lake and Carp 
Lake in section 26, township 44 north, range 6 west, to the 
west section line of section 30, township 43 north, range 5 
west.
  (116) Little Manistee, Michigan.--The 42-mile segment within 
the Huron-Manistee National Forest.
  (117) White, Michigan.--The 75.4-mile segment within the 
Huron-Manistee National Forest as follows:
          (A) The 30.8-mile segment of the main stem from U.S. 
        31 to the Huron-Manistee National Forest boundary at 
        the north line of section 2, township 13 north, range 
        15 west, 1.5 miles southwest of Hesperia.
          (B) The 18.9-mile segment of the South Branch White 
        from the Huron-Manistee National Forest boundary east 
        of Hesperia at the west line of section 22, township 14 
        north, range 14 west, to Echo Drive, section 6, 
        township 13 north, range 12 west.
          (C) The 25.7-mile segment of the North Branch White 
        from its confluence with the South Branch White in 
        section 25, township 13 north, range 16 west, to 
        McLaren Lake in section 11, township 14 north, range 15 
        west.
  (118) Ontonagon, Michigan.--The 32-mile segment of the 
Ontonagon as follows:
          (A) The 12-mile segment of the West Branch from the 
        Michigan State Highway 28 crossing to Cascade Falls.
          (B) The 20-mile segment of the South Branch from the 
        confluence of the Cisco Branch and Tenmile Creek to the 
        confluence with the West Branch Ontonagon.
  (119) Paint, Michigan.--The 70-mile segment as follows:
          (A) 34 miles of the mainstream beginning at the 
        eastern boundary of the Ottawa National Forest in 
        section 1, township 44 north, range 35 west, to the 
        city of Crystal Falls.
          (B) 15 miles of the mainstream of the Net River from 
        its confluence with the east and west branches to its 
        confluence with the mainstream of the Paint River.
          (C) 15 miles of the east branch of the Net River from 
        its source in section 8, township 47 north, range 32 
        west, to its confluence with the mainstream of the Net 
        River in section 24, township 46 north, range 34 west.
          (D) 14 miles of the west branch of the Net River from 
        its source in section 35, township 48 north, range 34 
        west, to its confluence with the mainstream of the Net 
        River in section 24, township 46 north, range 34 west.
  (120) Presque Isle, Michigan.--The 13-mile segment of the 
mainstream from Minnewawa Falls to Lake Superior.
  (121) Sturgeon, Ottawa National Forest, Michigan.--The 36-
mile segment of the mainstream from the source at Wagner Lake 
in section 13, township 49 north, range 31 west, to the eastern 
boundary of the Ottawa National Forest in section 12, township 
48 north, range 35 west.
  (122) Sturgeon, Hiawatha National Forest, Michigan.--The 
18.1-mile segment from Sixteen Mile Lake to the north line of 
section 26, township 43 north, range 19 west.
  (123) Tahquamenon, Michigan.--The 103.5-mile segment as 
follows--
          (A) the 90-mile segment of the mainstream beginning 
        at the source in section 21, township 47 north, range 
        12 west, to the mouth at Whitefish Bay; and
          (B) the 13.5-mile segment of the east branch from the 
        western boundary of the Hiawatha National Forest in 
        section 19, township 46 north, range 6 west, to its 
        confluence with the mainstream.
  (124) Whitefish, Michigan.--The 26-mile segment of the West 
Branch Whitefish from its source in section 26, township 46 
north, range 23 west, to County Road 444.
  (125) Clarion, Pennsylvania.--The segment of the main stem of 
the river from Ridgway to its confluence with the Allegheny 
River. The Secretary of Agriculture shall conduct the study of 
such segment.
  (126) Mill Creek, Jefferson and Clarion Counties, 
Pennsylvania.--The segment of the main stem of the creek from 
its headwaters near Gumbert Hill in Jefferson County, 
downstream to the confluence with the Clarion River.
  (127) Piru Creek, California.--The segment of the main stem 
of the creek from its source downstream to the maximum pool of 
Pyramid Lake and the segment of the main stem of the creek 
beginning 300 feet below the dam at Pyramid Lake downstream to 
the maximum pool at Lake Piru, for a total distance of 
approximately 49 miles.
  (128) Little Sur River, California.--The segment of the main 
stem of the river from its headwaters downstream to the Pacific 
Ocean, a distance of approximately 23 miles. The Secretary of 
Agriculture shall consult with the Big Sur Multiagency Advisory 
Council during the study of the river.
  (129) Matilija Creek, California.--The segment from its 
headwaters to its junction with Murietta Canyon, a distance of 
approximately 16 miles.
  (130) Lopez Creek, California.--The segments from its 
headwaters to Lopez Reservoir, a distance of approximately 11 
miles.
  (131) Sespe Creek, California.--The segment from Chorro 
Grande Canyon downstream to its confluence with Rock Creek and 
Howard Creek, a distance of about 10.5 miles.
  (132) North Fork Merced, California.--The segment from its 
headwaters to its confluence with the Merced River, by the 
Secretary of Agriculture and the Secretary of the Interior.
  (133) Delaware River, Pennsylvania and New Jersey.--(A) The 
approximately 3.6-mile segment from the Erie Lackawanna 
Railroad Bridge to the southern tip of Dildine Island.
  (B) The approximately 2-mile segment from the southern tip of 
Mack Island to the northern border of the town of Belvidere, 
New Jersey.
  (C) The approximately 12.5-mile segment from the southern 
border of the town of Belvidere, New Jersey, to the northern 
border of the city of Easton, Pennsylvania, excluding river 
mile 196.0 to 193.8.
  (D) The approximately 9.5-mile segment from the southern 
border of the town of Phillipsburg, New Jersey, to a point just 
north of the Gilbert Generating Station.
  (E) The approximately 14.2-mile segment from a point just 
south of the Gilbert Generating Station to a point just north 
of the Point Pleasant Pumping Station.
  (F) The approximately 6.5-mile segment from a point just 
south of the Point Pleasant Pumping Station to the north side 
of the Route 202 bridge.
  (G) The approximately 6-mile segment from the southern 
boundary of the town of New Hope, Pennsylvania, to the town of 
Washington Crossing, Pennsylvania.
  (H) The Cook's Creek tributary.
  (I) The Tinicum Creek tributary.
  (J) The Tohickon Creek tributary.
  (134) New River, West Virginia and Virginia.--The segment 
defined by public lands commencing at the U.S. Route 460 bridge 
over the New River in Virginia to the maximum summer pool 
elevation (one thousand four hundred and ten feet above mean 
sea level) of Bluestone Lake in West Virginia; by the Secretary 
of the Interior. Nothing in this Act shall affect or impair the 
management of the Bluestone project or the authority of any 
department, agency or instrumentality of the United States to 
carry out the project purposes of that project as of the date 
of enactment of this paragraph. The study of the river segment 
identified in this paragraph shall be completed and reported on 
within one year after the date of enactment of this paragraph.
  (135) Rio Grande, New Mexico.--The segment from the west 
section line of Section 15, Township 23 North, Range 10 East, 
downstream approximately 8 miles to the southern line of the 
northwest quarter of Section 34, Township 23 North, Range 9 
East.
  (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.
  (138) Eightmile River, Connecticut.--The segment from its 
headwaters downstream to its confluence with the Connecticut 
River.
  (139) Lower Farmington River and Salmon Brook, Connecticut.--
The segment of the Farmington River downstream from the segment 
designated as a recreational river by section 3(a)(156) to its 
confluence with the Connecticut River, and the segment of the 
Salmon Brook including its mainstream and east and west 
branches.
          (140) Missisquoi and trout rivers, vermont.--The 
        approximately 25-mile segment of the upper Missisquoi 
        from its headwaters in Lowell to the Canadian border in 
        North Troy, the approximately 25-mile segment from the 
        Canadian border in East Richford to Enosburg Falls, and 
        the approximately 20-mile segment of the Trout River 
        from its headwaters to its confluence with the 
        Missisquoi River.
          (__) York river, maine.--(A) The York River that 
        flows 11.25 miles from its headwaters at York Pond to 
        the mouth of the river at York Harbor, and all 
        associated tributaries.
          (B) The study conducted under this paragraph shall--
                  (i) determine the effect of the designation 
                on--
                          (I) existing commercial and 
                        recreational activities, such as 
                        hunting, fishing, trapping, 
                        recreational shooting, motor boat use, 
                        bridge construction;
                          (II) the authorization, construction, 
                        operation, maintenance, or improvement 
                        of energy production and transmission 
                        infrastructure; and
                          (III) the authority of State and 
                        local governments to manage those 
                        activities; and
                  (ii) identify--
                          (I) all authorities that will 
                        authorize or require the Secretary to 
                        influence local land use decisions 
                        (such as zoning) or place restrictions 
                        on non-Federal land if designated under 
                        this Act;
                          (II) all authorities that the 
                        Secretary may use to condemn property; 
                        and
                          (III) all private property located in 
                        the area studied under this paragraph.
  (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.
  (2) The study of the river named in subparagraph (56) of 
subsection (a) of this section shall be completed and the 
report thereon submitted by not later than January 3, 1976.
  (3) The studies of the rivers named in paragraphs (59) 
through (76) of subsection (a) shall be completed and reports 
submitted thereon not later than five full fiscal years after 
the date of the enactment of this paragraph. The study of 
rivers named in paragraphs (62) through (64) of subsection (a) 
shall be completed and the report thereon submitted by not 
later than April 1981. The study of the river named in 
paragraph (90) of subsection (a) shall be completed not later 
than three years after the date of the enactment of this 
sentence. The study of the river named in paragraph (93) of 
subsection (a) shall be completed not later than three years 
after the date of the enactment of this sentence.
  (4) For the purposes of conducting the studies of the rivers 
named in subsection (a), there are authorized to be 
appropriated such sums as necessary.
  (5) The studies of the rivers in paragraphs (77) through (88) 
shall be completed and reports transmitted thereon not later 
than three full fiscal years from date of enactment of this 
paragraph. For the rivers listed in paragraphs (77), (78), and 
(79) the studies prepared and transmitted to the Congress 
pursuant to section 105(c) of the Naval Petroleum Reserves 
Production Act of 1976 (Public Law 94-258) shall satisfy the 
requirements of this section.
  (6) Studies of rivers listed in paragraphs (80) and (81) 
shall be completed, and reports submitted within and not later 
than the time when the Bristol Bay Cooperative Region Plan is 
submitted to Congress in Accordance with section 1204 of the 
Alaska National Interest Lands Conservation Act.
  (7) The study of the West Branch of the Framington River 
identified in paragraph (92) of subsection (a) shall be 
completed and the report submitted thereon not later than the 
end of the third fiscal year beginning after the enactment of 
this paragraph. Such report shall include a discussion of 
management alternatives for the river if it were to be included 
in the national wild and scenic river system.
  (8) The study of the Merrimack River, New Hampshire, shall be 
completed and the report thereon submitted not later than three 
years after the date of enactment of this paragraph.
  (9) The study of the Pemigewasset River, New Hampshire, shall 
be completed and the report thereon submitted not later than 
three years after the date of enactment of this paragraph.
  (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) The study of the Lamprey River, New Hampshire, shall be 
completed by the Secretary of the Interior and the report 
thereon submitted not later than 3 years after the date of 
enactment of this paragraph.
  (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.
  (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.
  (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 the 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.
  (18) The study of the Eightmile River, Connecticut, named in 
paragraph (138) of subsection (a) shall be completed by the 
Secretary of the Interior and the report thereon submitted to 
Congress not later than 3 years after the date of the enactment 
of this paragraph.
  (19) Missisquoi and trout rivers, vermont.--Not later than 3 
years after the date on which funds are made available to carry 
out this paragraph, the Secretary of the Interior shall--
          (A) complete the study of the Missisquoi and Trout 
        Rivers, Vermont, described in subsection (a)(140); and
          (B) submit a report describing the results of that 
        study to the appropriate committees of Congress.
          (__) York river, maine.--The study of the York River, 
        Maine, named in paragraph (__) of subsection (a) shall 
        be completed by the Secretary of the Interior and the 
        report thereon submitted to Congress not later than 3 
        years after the date on which funds are made available 
        to carry out this paragraph.
  (c) The study of any of said rivers shall be pursued in as 
close cooperation with appropriate agencies of the affected 
State and its political subdivisions as possible, shall be 
carried on jointly with such agencies if request for such joint 
study is made by the State, and shall include a determination 
of the degree to which the State or its political subdivisions 
might participate in the preservation and administration of the 
river should it be proposed for inclusion in the national wild 
and scenic rivers system.
  (d)(1) In all planning for the use and development of water 
and related land resources, consideration shall be given by all 
Federal agencies involved to potential national wild, scenic 
and recreational river areas, and all river basin and project 
plan reports submitted to the Congress shall consider and 
discuss any such potentials. The Secretary of the Interior and 
the Secretary of Agriculture shall make specific studies and 
investigations to determine which additional wild, scenic and 
recreational river areas within the United States shall be 
evaluated in planning reports by all Federal agencies as 
potential alternative uses of the water and related land 
resources involved.
  (2) The Congress finds that the Secretary of the Interior, in 
preparing the Nationwide Rivers Inventory as a specific study 
for possible additions to the National Wild and Scenic Rivers 
System, identified the Upper Klamath River from below the John 
Boyle Dam to the Oregon-California State line. The Secretary, 
acting through the Bureau of Land Management, is authorized 
under this subsection to complete a study of the eligibility 
and suitability of such segment for potential addition to the 
National Wild and Scenic Rivers System. Such study shall be 
completed, and a report containing the results of the study 
shall be submitted to Congress by April 1, 1990. Nothing in 
this paragraph shall affect the authority or responsibilities 
of any other Federal agency with respect to activities or 
actions on this segment and its immediate environment.

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