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H.R. 415 (110th): 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.


The text of the bill below is as of Jul 17, 2008 (Placed on Calendar in the Senate). The bill was not enacted into law.


HR 415 PCS

Calendar No. 887

110th CONGRESS

2d Session

H. R. 415

IN THE SENATE OF THE UNITED STATES

July 17, 2008

Received; read twice and placed on the calendar


AN ACT

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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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:

    ‘(XX) 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 added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act 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 added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act, 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 added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act 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 added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act), 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 added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act, 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 added to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this Act, the Secretary may not acquire any parcel of land by condemnation.

SEC. 3. ENERGY AND CONGRESSIONAL REVIEW.

    The Secretary of the Interior, in consultation with the Secretary of Energy and private industry, shall complete and submit to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and Senators and Representatives from the States affected by the designation, a report using the best available data and regarding the energy resources available on the lands and waters included in the segments of the Taunton River designated under section 2 of this Act. The report shall--

      (1) contain the best available description of the energy resources available on the land and report on the specific amount of energy withdrawn from possible development; and

      (2) identify cubic feet of natural gas, natural gas transmission and storage potential, megawatts of geothermal, wind and solar energy that could be commercially produced, annual available biomass for energy production, and any megawatts of hydropower resources available, including tidal, traditional dams, and in-stream flow turbines.

SEC. 4. HUNTING, FISHING, TRAPPING, AND RECREATIONAL SHOOTING.

    Nothing in this Act shall be construed as affecting the authority, jurisdiction, or responsibility of the Commonwealth of Massachusetts to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, trapping, and recreational shooting. Nothing in this Act shall be construed as limiting access for hunting, fishing, trapping, or recreational shooting.

SEC. 5. DOMESTICALLY-PRODUCED ENERGY RESOURCES.

    Nothing in this Act shall impact the supply of domestically-produced energy resources.

Passed the House of Representatives July 16, 2008.

Attest:

LORRAINE C. MILLER,

Clerk.

By Robert F. Reeves,

Deputy Clerk.

Calendar No. 887

110th CONGRESS

2d Session

H. R. 415

AN ACT

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.


July 17, 2008

Received; read twice and placed on the calendar