II 

Calendar No. 68 

115TH CONGRESS 

1ST SESSION S. 617 

[Report No. 115–55] 

To amend the Wild and Scenic Rivers Act to designate certain segments 

of the Farmington River and Salmon Brook in the State of Connecticut 

as components of the National Wild and Scenic Rivers System, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2017 

Mr. MURPHY introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

MAY 9, 2017 

Reported by Ms. MURKOWSKI, without amendment 

A BILL 

To amend the Wild and Scenic Rivers Act to designate 

certain segments of the Farmington River and Salmon 

Brook in the State of Connecticut as components of 

the National Wild and Scenic Rivers System, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Lower Farmington 

3 River and Salmon Brook Wild and Scenic River Act’’. 

4 SEC. 2. FINDINGS. 

5 The Congress finds that— 

6 (1) the Lower Farmington River and Salmon 

7 Brook Study Act of 2005 (Public Law 109–370) au8 thorized the study of the Farmington River down9 stream from the segment designated as a rec10 reational river by section 3(a)(156) of the Wild and 

11 Scenic Rivers Act (16 U.S.C. 1277(a)(156)) to its 

12 confluence with the Connecticut River, and the seg13 ment of the Salmon Brook including its main stem 

14 and east and west branches for potential inclusion in 

15 the National Wild and Scenic Rivers System; 

16 (2) the studied segments of the Lower Farm17 ington River and Salmon Brook support natural, 

18 cultural, and recreational resources of exceptional 

19 significance to the citizens of Connecticut and the 

20 Nation; 

21 (3) concurrently with the preparation of the 

22 study, the Lower Farmington River and Salmon 

23 Brook Wild and Scenic Study Committee prepared 

24 the Lower Farmington River and Salmon Brook 

25 Management Plan, June 2011, that establishes ob26 jectives, standards, and action programs that will 


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1 ensure the long-term protection of the outstanding 

2 values of the river segments without Federal man3 agement of affected lands not owned by the United 

4 States; 

5 (4) the Lower Farmington River and Salmon 

6 Brook Wild and Scenic Study Committee has voted 

7 in favor of Wild and Scenic River designation for the 

8 river segments, and has included this recommenda9 tion as an integral part of the management plan; 

10 (5) there is strong local support for the protec11 tion of the Lower Farmington River and Salmon 

12 Brook, including votes of support for Wild and Sce13 nic designation from the governing bodies of all ten 

14 communities abutting the study area; 

15 (6) the State of Connecticut General Assembly 

16 has endorsed the designation of the Lower Farm17 ington River and Salmon Brook as components of 

18 the National Wild and Scenic Rivers System (Public 

19 Act 08–37); and 

20 (7) the Rainbow Dam and Reservoir are located 

21 entirely outside of the river segment designated by 

22 section 3 of this Act, and, based on the findings of 

23 the study of the Lower Farmington River pursuant 

24 to Public Law 109–370, this hydroelectric project 

25 (including all aspects of its facilities, operations and 


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1 transmission lines) is compatible with the designa2 tion made by section 3 of this Act. 

3 SEC. 3. DESIGNATION. 

4 Section 3(a) of the Wild and Scenic Rivers Act (16 

5 U.S.C. 1274(a)) is amended by adding at the end the fol6 lowing new paragraph: 

7 ‘‘(213) LOWER FARMINGTON RIVER AND SALM8 ON BROOK, CONNECTICUT.—Segments of the main 

9 stem and its tributary, Salmon Brook, totaling ap10 proximately 62 miles, to be administered by the Sec11 retary of the Interior as follows: 

12 ‘‘(A) The approximately 27.2-mile segment 

13 of the Farmington River beginning 0.2 miles 

14 below the tailrace of the Lower Collinsville Dam 

15 and extending to the site of the Spoonville Dam 

16 in Bloomfield and East Granby as a rec17 reational river. 

18 ‘‘(B) The approximately 8.1-mile segment 

19 of the Farmington River extending from 0.5 

20 miles below the Rainbow Dam to the confluence 

21 with the Connecticut River in Windsor as a rec22 reational river. 

23 ‘‘(C) The approximately 2.4-mile segment 

24 of the main stem of Salmon Brook extending 

25 from the confluence of the East and West 


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1 Branches to the confluence with the Farm2 ington River as a recreational river. 

3 ‘‘(D) The approximately 12.6-mile segment 

4 of the West Branch of Salmon Brook extending 

5 from its headwaters in Hartland, Connecticut, 

6 to its confluence with the East Branch of Salm7 on Brook as a recreational river. 

8 ‘‘(E) The approximately 11.4-mile segment 

9 of the East Branch of Salmon Brook extending 

10 from the Massachusetts-Connecticut State line 

11 to the confluence with the West Branch of 

12 Salmon Brook as a recreational river.’’. 

13 SEC. 4. MANAGEMENT. 

14 (a) IN GENERAL.—The river segments designated by 

15 section 3 shall be managed in accordance with the man16 agement plan and such amendments to the management 

17 plan as the Secretary determines are consistent with this 

18 Act. The management plan shall be deemed to satisfy the 

19 requirements for a comprehensive management plan pur20 suant to section 3(d) of the Wild and Scenic Rivers Act 

21 (16 U.S.C. 1274(d)). 

22 (b) COMMITTEE.—The Secretary shall coordinate the 

23 management responsibilities of the Secretary under this 

24 Act with the Lower Farmington River and Salmon Brook 


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1 Wild and Scenic Committee, as specified in the manage2 ment plan. 

3 (c) COOPERATIVE AGREEMENTS.— 

4 (1) IN GENERAL.—In order to provide for the 

5 long-term protection, preservation, and enhancement 

6 of the river segment designated by section 3 of this 

7 Act, the Secretary is authorized to enter into cooper8 ative agreements pursuant to sections 10(e) and 

9 11(b)(1) of the Wild and Scenic Rivers Act with— 

10 (A) the State of Connecticut; 

11 (B) the towns of Avon, Bloomfield, Bur12 lington, East Granby, Farmington, Granby, 

13 Hartland, Simsbury, and Windsor in Con14 necticut; and 

15 (C) appropriate local planning and environ16 mental organizations. 

17 (2) CONSISTENCY.—All cooperative agreements 

18 provided for under this Act shall be consistent with 

19 the management plan and may include provisions for 

20 financial or other assistance from the United States. 

21 (d) LAND MANAGEMENT.— 

22 (1) ZONING ORDINANCES.—For the purposes of 

23 the segments designated in section 3, the zoning or24 dinances adopted by the towns in Avon, Bloomfield, 

25 Burlington, East Granby, Farmington, Granby, 


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1 Hartland, Simsbury, and Windsor in Connecticut, 

2 including provisions for conservation of floodplains, 

3 wetlands and watercourses associated with the seg4 ments, shall be deemed to satisfy the standards and 

5 requirements of section 6(c) of the Wild and Scenic 

6 Rivers Act (16 U.S.C. 1277(c)). 

7 (2) ACQUISITION OF LAND.—The provisions of 

8 section 6(c) of the Wild and Scenic Rivers Act (16 

9 U.S.C. 1277(c)) that prohibit Federal acquisition of 

10 lands by condemnation shall apply to the segments 

11 designated in section 3 of this Act. The authority of 

12 the Secretary to acquire lands for the purposes of 

13 the segments designated in section 3 of this Act 

14 shall be limited to acquisition by donation or acquisi15 tion with the consent of the owner of the lands, and 

16 shall be subject to the additional criteria set forth in 

17 the management plan. 

18 (e) RAINBOW DAM.—The designation made by sec19 tion 3 shall not be construed to— 

20 (1) prohibit, pre-empt, or abridge the potential 

21 future licensing of the Rainbow Dam and Reservoir 

22 (including any and all aspects of its facilities, oper23 ations and transmission lines) by the Federal En24 ergy Regulatory Commission as a federally licensed 

25 hydroelectric generation project under the Federal 


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1 Power Act, provided that the Commission may, in 

2 the discretion of the Commission and consistent with 

3 this Act, establish such reasonable terms and condi4 tions in a hydropower license for Rainbow Dam as 

5 are necessary to reduce impacts identified by the 

6 Secretary as invading or unreasonably diminishing 

7 the scenic, recreational, and fish and wildlife values 

8 of the segments designated by section 3; or 

9 (2) affect the operation of, or impose any flow 

10 or release requirements on, the unlicensed hydro11 electric facility at Rainbow Dam and Reservoir. 

12 (f) RELATION TO NATIONAL PARK SYSTEM.—Not13 withstanding section 10(c) of the Wild and Scenic Rivers 

14 Act (16 U.S.C. 1281(c)), the Lower Farmington River 

15 shall not be administered as part of the National Park 

16 System or be subject to regulations which govern the Na17 tional Park System. 

18 SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION 

19 REVISION. 

20 Section 3(a)(156) of the Wild and Scenic Rivers Act 

21 (16 U.S.C. 1274(a)) is amended in the first sentence— 

22 (1) by striking ‘‘14-mile’’ and inserting ‘‘15.1- 

23 mile’’; and 


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1 (2) by striking ‘‘to the downstream end of the 

2 New Hartford-Canton, Connecticut town line’’ and 

3 inserting ‘‘to the confluence with the Nepaug River’’. 

4 SEC. 6. DEFINITIONS. 

5 For the purposes of this Act: 

6 (1) MANAGEMENT PLAN.—The term ‘‘manage7 ment plan’’ means the management plan referred to 

8 in section 2(3). 

9 (2) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 


sradovich on DSK3GMQ082PROD with BILLS
Calendar No. 68 

115TH CONGRESS 

1ST SESSION S. 617 

[Report No. 115–55] 

A BILL 

To amend the Wild and Scenic Rivers Act to desers System, and for other purposes. components of the National Wild and Scenic Riv- and Salmon Brook in the State of Connecticut as ignate certain segments of the Farmington River 

MAY 9, 2017 

Reported without amendment 


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