49–010 

Calendar No. 308 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–189 

LOWER FARMINGTON RIVER AND SALMON BROOK WILD 

AND SCENIC RIVER STUDY ACT OF 2005 

DECEMBER 8, 2005.—Ordered to be printed 

Filed under authority of the order of the Senate of November 18, 2005 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 435] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 435) to amend the Wild and Scenic Rivers Act 

to designate a segment of the Farmington River and Salmon Brook 

in the State of Connecticut for study for potential addition to the 

National Wild and Scenic Rivers System, and for other purposes, 

having considered the same, reports favorably thereon with an 

amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

On page 2, line 17, strike ‘‘of enactment of’’ and insert ‘‘on which 

funds are made available to carry out’’. 

PURPOSE OF THE MEASURE

The purpose of S. 435 is to amend the Wild and Scenic Rivers 

Act to designate approximately 40 miles of the lower Farmington 

River and Salmon Brook in Connecticut for study for potential addition to the National Wild and Scenic River System. 

BACKGROUND AND NEED

S. 435 authorizes a feasability study to evaluate whether the 

lower Farmington River and Salmon Brook, a major tributary, 

qualify for designation as part of the National Wild and Scenic Rivers System. The lower Farmington River is defined as the 40–mile 

stretch from the end of the existing wild and scenic section in Canton to the confluence with the Connecticut River in Windsor. A 

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feasability study of the lower Farmington River and Salmon Brook 

is the first step toward ‘‘wild and scenic’’ designation for the two 

waterways. 

The 14 miles of the Farmington River’s West Branch, designated 

as a Wild and Scenic Partnership River in 1994, is a resounding 

environmental and economic success story. Partnership designation 

for the West Branch has fostered public-private partnerships to 

preserve the area’s environment and heritage while yielding economic benefits to river towns. 

The West Branch of the river is home to trout, river otter, and 

bald eagle populations, and historic structures still grace its banks. 

Fishermen, hikers, canoeists, and kayakers enjoy the river and its 

banks year-round. In addition, a 2003 study by North Carolina 

State University found that partnership designation resulted in 

millions in economic activity and increased property values in the 

river towns of Barkhamsted, Canton, Colebrook, Hartland, and 

New Hartford. 

Congress created the National Wild and Scenic Rivers System in 

1968 to preserve the character of wild, scenic, or recreational rivers 

and their immediate environments, as well as to ensure the freeflowing condition of these rivers. Some rivers within the Wild and 

Scenic Rivers System are managed cooperatively between the Federal Government and a local management entity. The previously 

designated stretch of the Farmington River is one of 14 such partnership rivers. According to the National Park Service, the Partnership Wild and Scenic Rivers program, ‘‘helps communities preserve and manage their own river-related resources locally by 

bringing together State, county, and community managers to preserve the outstanding and remarkable values for which the rivers 

were set aside.’’ 

LEGISLATIVE HISTORY

S. 435 was introduced by Senators Dodd and Lieberman on February 17, 2005. The Subcommittee on National Parks held a hearing on S. 435 on September 22, 2005. Similar legislation, S. 2663, 

was introduced by Senators Dodd and Lieberman in the 108th Congress. 

At its business meeting on November 16, 2005, the Committee on 

Energy and Natural Resources ordered S. 435 favorably reported as 

amended. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on November 16, 2005, by a unanimous voice of a 

quorum present, recommends that the Senate pass S. 435 if 

amended as described herein. 

COMMITTEE AMENDMENT

During the consideration of S. 435, the Committee adopted an 

amendment to clarify the time period for the completion of the 

study. 

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SECTION-BY-SECTION ANALYSIS

Section 1 entitles the bill the ‘‘Lower Farmington River and 

Salmon Brook Wild and Scenic River Study Act of 2005.’’ 

Section 2(a) designates additional segments of the Farmington 

River and Salmon Brook in Connecticut for study for potential addition to the National Wild and Scenic Rivers System. The segments to be added are described as the Farmington River downstream from the segment designated as a recreational river to its 

confluence with the Connecticut River, and the segment of the 

Salmon Brook including its mainstream and east and west 

branches. 

Subsection (b) requires the Secretary of the Interior to submit 

the results of the study to Congress no later than 3 years after the 

date on which funds are made available to carry out the Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

NOVEMBER 23, 2005. 

Hon. PETE V. DOMENICI, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 435, the Lower Farmington 

River and Salmon Brook Wild and Scenic River Study Act of 2005. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, 

Director. 

Enclosure. 

S. 435—Lower Farmington River and Salmon Brook Wild and Scenic River Study Act of 2005 

S. 435 would require the National Park Service to study a segment of the Farmington River and a segment of the Salmon Brook 

in Connection for potential addition to the Wild and Scenic Rivers 

System. CBO estimates that implementing S. 435 would cost about 

$200,000 over the next 3 years, assuming the availability of appropriated funds. Enacting S. 435 would not affect revenues or direct 

spending. 

This legislation contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would impose no costs on State, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

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S. 435. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 206, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The views of the Administration on S. 435 were included in testimony received by the Committee at a hearing on the bill on September 22, 2005 as follows: 

STATEMENT OF JANET MATTHEWS, ASSOCIATE DIRECTOR

FOR CULTURAL RESOURCES, NATIONAL PARK SERVICE, 

DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before you today to discuss the views of the Department of 

the Interior on S. 435, a bill to amend the Wild and Scenic 

Rivers Act to designate a segment of the Farmington River 

and Salmon Brook for study for potential addition to the 

National Wild and Scenic Rivers System. The Department 

supports enactment of this legislation with one technical 

amendment. 

While the Department supports the authorization of this 

study, it is important that future funding requests go towards completing previously authorized studies. There are 

currently 25 studies in progress, and we hope to complete 

and transmit 6 to Congress by the end of 2005. Therefore, 

the Department will focus the funding provided towards 

completing these studies. 

S. 435 presents the opportunity to build from the success 

of the Upper Farmington River, which was designated a 

component of the National Wild and Scenic Rivers System 

in 1994. At that time, the partnership-based model of Wild 

and Scenic River designations, with a limited Federal role 

and no Federal land acquisition authority, was essentially 

an experiment. Now, 11 years later, it is a testament to 

the success of that partnership approach that the Lower 

Farmington and Salmon Brook communities, the State of 

Connecticut, and the Farmington River Watershed Association have all come together to seek a similar study. 

The portion of the Farmington River under consideration 

runs approximately 40 miles from the Upper Farmington’s 

downstream endpoint to the Connecticut River. The Lower 

Farmington has its own distinct character that compliments the ‘‘outstandingly remarkable’’ fish, wildlife, historic and recreational resources that qualified the upper 

river for designation. A notable historic feature, the Farmington Canal, served as an important regional transportation link from its opening in 1825 until the mid-1840’s 

when railroad tracks were laid upon its obsolete towpath. 

Today, much of this feature is being converted into a recreational multi-use path and greenway, providing outVerDate Aug 31 2005 06:14 Dec 10, 2005 Jkt 049010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6969 E:\HR\OC\SR189.XXX SR189
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standing access to recreational, scenic and historic attributes of the river valley. 

In July 2005, results of a U.S. Fish and Wildlife Service 

survey of the Lower Farmington and Salmon Brook uncovered what is believed to be the State of Connecticut’s largest populations of the federally endangered dwarf 

wedgemussel (Alasmidonta heterodon). Salmon Brook is a 

major tributary of the Farmington River, and is well 

known for its outstanding scenery and trout fishing. 

It is significant that the communities and interest 

groups associated with the Lower Farmington and Salmon 

Brook have had the unique opportunity to observe and 

interact with the National Park Service and the Farmington River Coordinating Committee (created to oversee 

management of the Upper Farmington Wild and Scenic 

segment) for more than 10 years. The development of 

these relationships should facilitate the completion of the 

study required by this legislation. 

The Department suggests one amendment to S. 435. Section 2 of the bill requires that a report on results of the 

study be submitted to the Senate and House authorizing 

committees no later than three years after the date of enactment of the Act. We believe it more feasible to provide 

that this occur no later than three years after funds are 

made available based on the number of studies currently 

being conducted by the Department. 

This concludes my prepared remarks, Mr. Chairman. I 

will be happy to answer any questions you or other committee members may have regarding this bill. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law are made by the bill 

S. 435, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 

WILD AND SCENIC RIVERS ACT 

(Public Law 90–542; Approved October 2, 1968) 

AN ACT To provide a National Wild and Scenic Rivers System, and for other 

purposes. 

* * * * * * * 

SEC. 5. (a) The following rivers are hereby designated for potential addition to the national wild and scenic rivers system. 

* * * * * * * 

(139) LOWER FARMINGTON RIVER AND SALMON BROOK, CON- NECTICUT.—The segment of the Farmington River downstream from 

the segment designated as a recreational river by section 3(a)(156) 

to its confluence with the Connecticut River, and the segment of the 

Salmon Brook including its mainstream and east and west 

branches. 

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(b) TIME FOR SUBMISSION.—Not later than 3 years after the date 

of this Act, the Secretary of the Interior shall submit to Congress a 

report containing the results of the study required by the amendment made by subsection (a). 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated such sums as are necessary to carry out this Act. 

* * * * * * * 

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