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H.R. 1248: York River Wild and Scenic River Act of 2019


The text of the bill below is as of Feb 14, 2019 (Introduced).


I

116th CONGRESS

1st Session

H. R. 1248

IN THE HOUSE OF REPRESENTATIVES

February 14, 2019

(for herself and Mr. Golden) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To amend the Wild and Scenic Rivers Act to designate certain river segments within the York watershed in the State of Maine as components of the National Wild and Scenic Rivers System, and for other purposes.

1.

Short title

This Act may be cited as the York River Wild and Scenic River Act of 2019.

2.

Designation of York Wild and Scenic Rivers, Maine

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:

(_)

York River, Maine

Segments of the main stem and its tributaries in the State of Maine, Bass Cove Creek, Cider Hill Creek, Cutts Ridge Brook, Dolly Gordon Brook, Libby Brook, Rogers Brook, Smelt Brook, totaling approximately 30.8 miles, to be administered by the Secretary of the Interior, as a recreational river:

(A)

The approximately 0.95-mile segment of Bass Cove Creek from the outlet of Boulter Pond in York, Maine, and extending downstream to its confluence with the York River in York, Maine.

(B)

The approximately 3.77-mile segment of Cider Hill Creek from the Middle Pond dam in York, Maine, and extending downstream to its confluence with the York River in York, Maine.

(C)

The approximately 2.15-mile segment of Cutts Ridge Brook from its headwaters in Kittery, Maine, and extending downstream to its confluence with the York River in York, Maine.

(D)

The approximately 3.17-mile segment of Dolly Gordon Brook from its headwaters in York, Maine, and extending downstream to its confluence with the York River in York, Maine.

(E)

The approximately 1.65-mile segment of Libby Brook from its headwaters in Kittery, Maine, and extending downstream to its confluence with Dolly Gordon Brook in York, Maine.

(F)

The approximately 2.43-mile segment of Rogers Brook from its headwaters in Eliot, Maine, and extending downstream to its confluence with the York River in York, Maine.

(G)

The approximately 4.54-mile segment of Smelt Brook from the Bell Marsh Reservoir dam in York, Maine, and extending downstream to its confluence with the York River in York, Maine.

(H)

The approximately 12.14-mile segment of the York River from the outlet of York Pond in Eliot, Maine, and extending downstream to the Route 103 Bridge in York, Maine, including Barrell Mill Pond in York, Maine.

.

3.

Management

(a)

Process

(1)

In general

The York River, Maine segments shall be managed in accordance with—

(A)

the stewardship plan; and

(B)

such amendments to the stewardship plan as the Secretary determines are consistent with this section and as are approved by the Stewardship Committee.

(2)

Comprehensive management plan

The stewardship plan shall be considered to satisfy the requirements for a comprehensive management plan under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).

(b)

Committee

The Secretary shall coordinate his or her management responsibilities under this Act with the Stewardship Committee, as specified in the stewardship plan.

(c)

Cooperative agreements

(1)

In general

In order to provide for the long-term protection, preservation, and enhancement of the York River, Maine segments, the Secretary may enter into cooperative agreements 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)) with—

(A)

the State of Maine;

(B)

the municipalities of Eliot, Kittery, South Berwick, and York in Maine; and

(C)

appropriate local, regional, or State planning, environmental, or recreational organizations.

(2)

Consistency

Each cooperative agreement entered into under this subsection shall be consistent with the stewardship plan and may include provisions for financial or other assistance from the United States.

(d)

Land management

(1)

Zoning ordinances

For the purpose of the York River, Maine segments, the zoning ordinances adopted by the municipalities named in subsection (c)(1)(B), including provisions for conservation of floodplains, wetlands, and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act.

(2)

Acquisition of lands

The authority of the Secretary to acquire land for the purposes of the York River, Maine segments shall be—

(A)

limited to acquisition by donation or acquisition with the consent of the owner of the land; and

(B)

subject to the additional criteria set forth in the stewardship plan.

(3)

No condemnation

No land or interest in land within the watersheds of the York River, Maine segments may be acquired by condemnation.

(e)

Relation to the National Park System

Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the York River, Maine segments shall not—

(1)

be administered as a unit of the National Park System; or

(2)

be subject to regulations that govern the National Park System.

(f)

Definitions

For the purposes of this section:

(1)

Secretary

The term Secretary means the Secretary of the Interior.

(2)

Stewardship Committee

The term Stewardship Committee means the York River Stewardship Committee.

(3)

Stewardship Plan

The term stewardship plan means the York River Watershed Stewardship Plan, dated August 2018, developed pursuant to the study described in section 5(b)(21) of the Wild and Scenic Rivers Act.

(4)

York River, Maine segments

The term York River, Maine segments means the river segments designated by the amendment made by section 2.