Nashua River Wild and Scenic River Act of 2019
This bill designates specified segments of the Nashua, Squannacook, and Nissitissit rivers in Massachusetts and New Hampshire as components of the Wild and Scenic Rivers System. The bill excludes from such designation certain areas with respect to the Ice House and Pepperell hydroelectric projects and the Hollingsworth and Vose dam.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 984 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 984
To amend the Wild and Scenic Rivers Act to designate segments of the
Nashua, Squannacook, and Nissitissit Rivers as components of the Wild
and Scenic Rivers System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2019
Mrs. Trahan (for herself and Ms. Kuster of New Hampshire) 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 segments of the
Nashua, Squannacook, and Nissitissit Rivers as components of the 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nashua River Wild and Scenic River
Act of 2019''.
SEC. 2. NASHUA WILD AND SCENIC RIVERS, MASSACHUSETTS AND NEW HAMPSHIRE.
(a) Designation of Wild and Scenic River Segments.--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:
``(214) Nashua, squannacook, and nissitissit wild and
scenic rivers, massachusetts and new hampshire.--
``(A) The following segments in the Commonwealth of
Massachusetts and State of New Hampshire, to be
administered by the Secretary of the Interior as a
scenic river:
``(i) The approximately 27-mile segment of
the mainstem of the Nashua River from the
confluence of the North and South Nashua Rivers
in Lancaster, Massachusetts, and extending
north to the Massachusetts-New Hampshire
border, except as provided in subparagraph (B).
``(ii) The approximately 16.3-mile segment
of the Squannacook River from its headwaters in
Ash Swamp, Townsend, Massachusetts, extending
downstream to the confluence of the river with
the Nashua River in Shirley/Ayer,
Massachusetts, except as provided in
subparagraph (B).
``(iii) The approximately 9.5-mile segment
of the Nissitissit River from its headwaters in
Brookline, New Hampshire, to the confluence of
the river with the Nashua River in Pepperell,
Massachusetts.
``(B) Exclusion areas.--The designation of the
river segments in subparagraph (A) shall exclude--
``(i) with respect to the Ice House
hydroelectric project (FERC P-12769), from 700
feet upstream from the crest of the dam to 500
feet downstream from the crest of the dam;
``(ii) with respect to the Pepperell
hydroelectric project (FERC P12721), from 9,240
feet upstream from the crest of the dam to
1,000 feet downstream from the crest of the
dam; and
``(iii) with respect to the Hollingsworth
and Vose dam (non-FERC), from 1,200 feet
upstream from the crest of the dam to 2,665
feet downstream from the crest of the dam.''.
(b) Management.--
(1) Process.--
(A) In general.--The river segments designated by
paragraph (214) of section 3(a) of such Act (16 U.S.C.
1274(a)), as amended by this section, shall be managed
in accordance with--
(i) the Nashua, Squannacook, and
Nissitissit Rivers Stewardship Plan developed
pursuant to the study described in section
5(b)(21) of such Act (16 U.S.C. 1276(b)(21))
(referred to in this subsection as the
``management plan''), dated February 15, 2018;
and
(ii) such amendments to the management plan
as the Secretary of the Interior determines are
consistent with this section and as are
approved by the Nashua, Squannacook, and
Nissitissit Rivers Stewardship Council
(referred to in this subsection as the
``Stewardship Council'').
(B) Comprehensive management plan.--The management
plan shall be considered to satisfy the requirements
for a comprehensive management plan under section 3(d)
of such Act (16 U.S.C. 1274(d)).
(2) Committee.--The Secretary of the Interior shall
coordinate the management responsibilities of the Secretary of
the Interior under this Act with the Stewardship Council, as
specified in the management plan.
(3) Cooperative agreements.--
(A) In general.--In order to provide for the long-
term protection, preservation, and enhancement of the
river segments designated by paragraph (214) of section
3(a) of such Act (16 U.S.C. 1274(a)), as amended by
this section, the Secretary of the Interior may enter
into cooperative agreements pursuant to sections 10(e)
and 11(b)(1) (16 U.S.C. 1281(e), 1282(b)(1)) of such
Act with--
(i) the Commonwealth of Massachusetts and
the State of New Hampshire;
(ii) the municipalities of--
(I) Ayer, Bolton, Dunstable,
Groton, Harvard, Lancaster, Pepperell,
Shirley, and Townsend in Massachusetts;
and
(II) Brookline and Hollis in New
Hampshire; and
(iii) appropriate local, regional, State,
or multistate, planning, environmental, or
recreational organizations.
(B) Consistency.--Each cooperative agreement
entered into under this paragraph shall be consistent
with the management plan and may include provisions for
financial or other assistance from the United States.
(4) Effect on working dams.--
(A) In general.--The designation of the river
segments by paragraph (214) of section 3(a) of such Act
(16 U.S.C. 1274(a)), as amended by this section, does
not--
(i) impact or alter the existing terms of
permitting, licensing, or operation of--
(I) the Pepperell hydroelectric
project (FERC Project P-12721, Nashua
River, Pepperell, MA);
(II) the Ice House hydroelectric
project (FERC Project P-12769, Nashua
River, Ayer, MA); or
(III) the Hollingsworth and Vose
Dam (non-FERC industrial facility,
Squannacook River, West Groton, MA) as
further described in the management
plan (Appendix A, ``Working Dams''); or
(ii) preclude the Federal Energy Regulatory
Commission from licensing, relicensing, or
otherwise authorizing the operation or
continued operation of the Pepperell and Ice
House hydroelectric projects under the terms of
licenses or exemptions in effect on the date of
enactment of this Act; or
(iii) limit actions taken to modernize,
upgrade, or carry out other changes to such
projects authorized pursuant to clause (i),
subject to written determination by the
Secretary of the Interior that the changes are
consistent with the purposes of the
designation.
(5) Land management.--
(A) Zoning ordinances.--For the purpose of the
segments designated by paragraph (214) of section 3(a)
of such Act (16 U.S.C. 1274(a)), as amended by this
section, the zoning ordinances adopted by the
municipalities named in paragraph (3)(A)(ii), 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 such Act (16 U.S.C. 1277(c)).
(B) Acquisitions of lands.--The authority of the
Secretary to acquire land for the purposes of the
segments designated such paragraph (214) shall be--
(i) limited to acquisition by donation or
acquisition with the consent of the owner of
the land; and
(ii) subject to the additional criteria set
forth in the management plan.
(C) No condemnation.--No land or interest in land
within the boundary of the river segments designated by
such paragraph (214) may be acquired by condemnation.
(6) Relation to the national park system.--Notwithstanding
section 10(c) of such Act (16 U.S.C. 1281(c)), each segment of
the Nashua, Squannacook, and Nissitissit Rivers designated as a
component of the Wild and Scenic Rivers System under this Act
shall not--
(A) be administered as a unit of the National Park
System; or
(B) be subject to regulations that govern the
National Park System.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
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