II Calendar No. 200 117TH CONGRESS 1ST SESSION S. 491 [Report No. 117–50] To amend the Wild and Scenic Rivers Act to designate certain river segments in the York River watershed in the State of Maine as components of the National Wild and Scenic Rivers System, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 1, 2021 Mr. KING (for himself and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources DECEMBER 16, 2021 Reported by Mr. MANCHIN, without amendment A BILL To amend the Wild and Scenic Rivers Act to designate certain river segments in the York River watershed in the State of Maine as components of the National Wild and Scenic Rivers System, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:45 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S491.RS S491 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 491 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘York River Wild and 2 Scenic River Act of 2021’’. 3 SEC. 2. DESIGNATION OF YORK WILD AND SCENIC RIVER, 4 MAINE. 5 Section 3(a) of the Wild and Scenic Rivers Act (16 6 U.S.C. 1274(a)) is amended by adding at the end the fol- 7 lowing: 8 ‘‘(231) YORK RIVER, MAINE.—The following 9 segments of the main stem and tributaries (includ- 10 ing portions of Bass Cove Creek, Cider Hill Creek, 11 Cutts Ridge Brook, Dolly Gordon Brook, Libby 12 Brook, Rogers Brook, and Smelt Brook) in the 13 State of Maine, totaling approximately 30.8 miles, to 14 be administered by the Secretary of the Interior, as 15 a recreational river: 16 ‘‘(A) The approximately 0.95-mile segment 17 of Bass Cove Creek from the outlet of Boulter 18 Pond in York, Maine, and extending down- 19 stream to the confluence with the York River in 20 York, Maine. 21 ‘‘(B) The approximately 3.77-mile segment 22 of Cider Hill Creek from the Middle Pond dam 23 in York, Maine, and extending downstream to 24 the confluence with the York River in York, 25 Maine. 26 VerDate Sep 11 2014 01:45 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S491.RS S491 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 491 RS ‘‘(C) The approximately 2.15-mile segment 1 of Cutts Ridge Brook from the headwaters in 2 Kittery, Maine, and extending downstream to 3 the confluence with the York River in York, 4 Maine. 5 ‘‘(D) The approximately 3.17-mile segment 6 of Dolly Gordon Brook from the headwaters in 7 York, Maine, and extending downstream to the 8 confluence with the York River in York, Maine. 9 ‘‘(E) The approximately 1.65-mile segment 10 of Libby Brook from the headwaters in Kittery, 11 Maine, and extending downstream to the con- 12 fluence with Dolly Gordon Brook in York, 13 Maine. 14 ‘‘(F) The approximately 2.43-mile segment 15 of Rogers Brook from the headwaters in Eliot, 16 Maine, and extending downstream to the con- 17 fluence with the York River in York, Maine. 18 ‘‘(G) The approximately 4.54-mile segment 19 of Smelt Brook from the Bell Marsh Reservoir 20 dam in York, Maine, and extending downstream 21 to the confluence with the York River in York, 22 Maine. 23 ‘‘(H) The approximately 12.14-mile seg- 24 ment of the York River from the outlet of York 25 VerDate Sep 11 2014 01:45 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S491.RS S491 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 491 RS Pond in Eliot, Maine, and extending down- 1 stream to the Route 103 Bridge in York, 2 Maine, including Barrell Mill Pond in York, 3 Maine.’’. 4 SEC. 3. MANAGEMENT OF YORK WILD AND SCENIC RIVER, 5 MAINE. 6 (a) DEFINITIONS.—In this section: 7 (1) COVERED SEGMENT.—The term ‘‘covered 8 segment’’ means a river segment designated by para- 9 graph (231) of section 3(a) of the of the Wild and 10 Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by 11 section 2). 12 (2) SECRETARY.—The term ‘‘Secretary’’ means 13 the Secretary of the Interior. 14 (3) STATE.—The term ‘‘State’’ means the State 15 of Maine. 16 (4) STEWARDSHIP COMMITTEE.—The term 17 ‘‘Stewardship Committee’’ means the York River 18 Stewardship Committee. 19 (5) STEWARDSHIP PLAN.—The term ‘‘steward- 20 ship plan’’ means the plan entitled the ‘‘York River 21 Watershed Stewardship Plan’’, dated August 2018, 22 and developed pursuant to the study described in 23 section 5(b)(21) of the Wild and Scenic Rivers Act 24 (16 U.S.C. 1276(b)(21)). 25 VerDate Sep 11 2014 01:45 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S491.RS S491 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 491 RS (b) STEWARDSHIP PLAN.— 1 (1) IN GENERAL.—The Secretary shall manage 2 the covered segments in accordance with— 3 (A) the stewardship plan; and 4 (B) any amendments to the stewardship 5 plan that— 6 (i) the Secretary determines are con- 7 sistent with this section; and 8 (ii) are approved by the Stewardship 9 Committee. 10 (2) COMPREHENSIVE MANAGEMENT PLAN.— 11 The stewardship plan shall be considered to satisfy 12 the requirements for a comprehensive management 13 plan under section 3(d) of the Wild and Scenic Riv- 14 ers Act (16 U.S.C. 1274(d)). 15 (c) COORDINATION WITH COMMITTEE.—The Sec- 16 retary shall coordinate the management responsibilities of 17 the Secretary under this Act and the amendments made 18 by this Act with the Stewardship Committee, as provided 19 in the stewardship plan. 20 (d) COOPERATIVE AGREEMENTS.— 21 (1) IN GENERAL.—To provide for the long-term 22 protection, preservation, and enhancement of the 23 covered segments, the Secretary may enter into co- 24 operative agreements pursuant to sections 10(e) and 25 VerDate Sep 11 2014 01:45 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S491.RS S491 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 491 RS 11(b)(1) of the Wild and Scenic Rivers Act (16 1 U.S.C. 1281(e), 1282(b)(1)) with— 2 (A) the State; 3 (B) the towns of Eliot, Kittery, South Ber- 4 wick, and York in the State; and 5 (C) appropriate local, regional, or State 6 planning, environmental, or recreational organi- 7 zations. 8 (2) CONSISTENCY.—Each cooperative agree- 9 ment entered into under this subsection— 10 (A) shall be consistent with the steward- 11 ship plan; and 12 (B) may include provisions for Federal fi- 13 nancial or other assistance. 14 (e) LAND MANAGEMENT.— 15 (1) ZONING ORDINANCES.—For the purposes of 16 the covered segments, the zoning ordinances adopted 17 by the towns described in subsection (d)(1)(B), in- 18 cluding any provisions for the conservation of 19 floodplains, wetlands, and watercourses associated 20 with the covered segments, shall be considered to 21 satisfy the requirements of section 6(c) of the Wild 22 and Scenic Rivers Act (16 U.S.C. 1277(c)). 23 VerDate Sep 11 2014 01:45 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S491.RS S491 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 491 RS (2) ACQUISITION OF LAND.—The authority of 1 the Secretary to acquire land for the purposes of the 2 covered segments shall be— 3 (A) limited to acquisition by donation or 4 acquisition with the consent of the owner of the 5 land; and 6 (B) subject to the additional criteria pro- 7 vided in the stewardship plan. 8 (3) NO CONDEMNATION.—No land or interest 9 in land within the watersheds of the covered seg- 10 ments may be acquired by condemnation. 11 (f) RELATION TO THE NATIONAL PARK SYSTEM.— 12 Notwithstanding section 10(c) of the Wild and Scenic Riv- 13 ers Act (16 U.S.C. 1281(c)), the covered segments shall 14 not be— 15 (1) administered as a unit of the National Park 16 System; or 17 (2) subject to the laws (including regulations) 18 applicable to the National Park System. 19 VerDate Sep 11 2014 01:45 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S491.RS S491 pbinns on DSKJLVW7X2PROD with BILLS Calendar No. 200 117TH CONGRESS 1ST SESSION S. 491 [Report No. 117–50] A BILL To amend the Wild and Scenic Rivers Act to des- ignate certain river segments in the York River watershed in the State of Maine as components of the National Wild and Scenic Rivers System, and for other purposes. DECEMBER 16, 2021 Reported without amendment VerDate Sep 11 2014 01:45 Dec 17, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S491.RS S491 pbinns on DSKJLVW7X2PROD with BILLS