York River Wild and Scenic River Act of 2020

II 116TH CONGRESS 2D SESSION S. 4938 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 DECEMBER 1, 2020 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 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘York River Wild and 4 Scenic River Act of 2020’’. 5 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4938.IS S4938 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4938 IS SEC. 2. DESIGNATION OF YORK WILD AND SCENIC RIVER, 1 MAINE. 2 Section 3(a) of the Wild and Scenic Rivers Act (16 3 U.S.C. 1274(a)) is amended by adding at the end the fol- 4 lowing: 5 ‘‘(231) YORK RIVER, MAINE.—The following 6 segments of the main stem and tributaries (includ- 7 ing portions of Bass Cove Creek, Cider Hill Creek, 8 Cutts Ridge Brook, Dolly Gordon Brook, Libby 9 Brook, Rogers Brook, and Smelt Brook) in the 10 State of Maine, totaling approximately 30.8 miles, to 11 be administered by the Secretary of the Interior, as 12 a recreational river: 13 ‘‘(A) The approximately 0.95-mile segment 14 of Bass Cove Creek from the outlet of Boulter 15 Pond in York, Maine, and extending down- 16 stream to the confluence with the York River in 17 York, Maine. 18 ‘‘(B) The approximately 3.77-mile segment 19 of Cider Hill Creek from the Middle Pond dam 20 in York, Maine, and extending downstream to 21 the confluence with the York River in York, 22 Maine. 23 ‘‘(C) The approximately 2.15-mile segment 24 of Cutts Ridge Brook from the headwaters in 25 Kittery, Maine, and extending downstream to 26 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4938.IS S4938 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4938 IS the confluence with the York River in York, 1 Maine. 2 ‘‘(D) The approximately 3.17-mile segment 3 of Dolly Gordon Brook from the headwaters in 4 York, Maine, and extending downstream to the 5 confluence with the York River in York, Maine. 6 ‘‘(E) The approximately 1.65-mile segment 7 of Libby Brook from the headwaters in Kittery, 8 Maine, and extending downstream to the con- 9 fluence with Dolly Gordon Brook in York, 10 Maine. 11 ‘‘(F) The approximately 2.43-mile segment 12 of Rogers Brook from the headwaters in Eliot, 13 Maine, and extending downstream to the con- 14 fluence with the York River in York, Maine. 15 ‘‘(G) The approximately 4.54-mile segment 16 of Smelt Brook from the Bell Marsh Reservoir 17 dam in York, Maine, and extending downstream 18 to the confluence with the York River in York, 19 Maine. 20 ‘‘(H) The approximately 12.14-mile seg- 21 ment of the York River from the outlet of York 22 Pond in Eliot, Maine, and extending down- 23 stream to the Route 103 Bridge in York, 24 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4938.IS S4938 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4938 IS Maine, including Barrell Mill Pond in York, 1 Maine.’’. 2 SEC. 3. MANAGEMENT OF YORK WILD AND SCENIC RIVER, 3 MAINE. 4 (a) DEFINITIONS.—In this section: 5 (1) COVERED SEGMENT.—The term ‘‘covered 6 segment’’ means a river segment designated by para- 7 graph (231) of section 3(a) of the of the Wild and 8 Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by 9 section 2). 10 (2) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of the Interior. 12 (3) STATE.—The term ‘‘State’’ means the State 13 of Maine. 14 (4) STEWARDSHIP COMMITTEE.—The term 15 ‘‘Stewardship Committee’’ means the York River 16 Stewardship Committee. 17 (5) STEWARDSHIP PLAN.—The term ‘‘steward- 18 ship plan’’ means the plan entitled the ‘‘York River 19 Watershed Stewardship Plan’’, dated August 2018, 20 and developed pursuant to the study described in 21 section 5(b)(21) of the Wild and Scenic Rivers Act 22 (16 U.S.C. 1276(b)(21)). 23 (b) STEWARDSHIP PLAN.— 24 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4938.IS S4938 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4938 IS (1) IN GENERAL.—The Secretary shall manage 1 the covered segments in accordance with— 2 (A) the stewardship plan; and 3 (B) any amendments to the stewardship 4 plan that— 5 (i) the Secretary determines are con- 6 sistent with this section; and 7 (ii) are approved by the Stewardship 8 Committee. 9 (2) COMPREHENSIVE MANAGEMENT PLAN.— 10 The stewardship plan shall be considered to satisfy 11 the requirements for a comprehensive management 12 plan under section 3(d) of the Wild and Scenic Riv- 13 ers Act (16 U.S.C. 1274(d)). 14 (c) COORDINATION WITH COMMITTEE.—The Sec- 15 retary shall coordinate the management responsibilities of 16 the Secretary under this Act and the amendments made 17 by this Act with the Stewardship Committee, as provided 18 in the stewardship plan. 19 (d) COOPERATIVE AGREEMENTS.— 20 (1) IN GENERAL.—To provide for the long-term 21 protection, preservation, and enhancement of the 22 covered segments, the Secretary may enter into co- 23 operative agreements pursuant to sections 10(e) and 24 VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4938.IS S4938 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4938 IS 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 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4938.IS S4938 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4938 IS (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 Æ VerDate Sep 11 2014 00:37 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S4938.IS S4938 pbinns on DSKJLVW7X2PROD with BILLS