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[Senate Report 114-182]
[From the U.S. Government Publishing Office]

                                                     Calendar No. 327

114th Congress   }                                        {  Report
                                 SENATE
 1st Session     }                                        {  114-182

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   LOWER FARMINGTON RIVER AND SALMON BROOK WILD AND SCENIC RIVER ACT

                                _______
                                

               December 16, 2015.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 329]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 329) 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, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    1. On page 7, line 23, strike ``Act; or'' and insert the 
following:

``Act, provided that the Commission may, in the discretion of 
the Commission and consistent with this Act, establish such 
reasonable terms and conditions in a hydropower license for 
Rainbow Dam as are necessary to reduce impacts identified by 
the Secretary as invading or unreasonably diminishing the 
scenic, recreational, and fish and wildlife values of the 
segments designated by section 3; or''.

                                Purpose

    The purpose of S. 329 is 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.

                          Background and Need

    The lower Farmington River, fed by the Salmon Brook 
tributaries, flows through Connecticut from the upper 
Farmington River into the Connecticut River. The Farmington 
River is considered to support natural, cultural, and 
recreational values, including biodiversity, prehistoric 
archaeological sites, and multiple outdoor recreational 
opportunities.
    In 1994, P.L. 103-313 designated 14 miles of the upper 
Farmington River as a recreational river in the National Wild 
and Scenic Rivers System. In 2005, P.L. 109-370 authorized a 
study of the lower Farmington River and the east and west 
Salmon Brook tributaries for potential inclusion into the 
National Wild and Scenic Rivers System. The study area begins 
downstream from the 1994 designation, includes the main Salmon 
Brook tributaries, and terminates at the Connecticut River.
    In November 2011, the National Park Service (NPS) released 
the Lower Farmington River and Salmon Brook Wild and Scenic 
River Study, which recommends ``recreational'' designation of 
63.4 miles of the lower Farmington River and Salmon Brook that 
were found eligible for designation into the National Wild and 
Scenic Rivers System. The study determined that a 2.9 mile 
segment of the Lower Farmington River, including the Upper and 
Lower Collinsville dams, as unsuitable for designation, and the 
river segment that includes the Rainbow Dam and reservoir as 
ineligible.
    Concurrently with the preparation of the study, the Lower 
Farmington River and Salmon Brook Wild and Scenic Study 
Committee developed the Lower Farmington River and Salmon Brook 
Management Plan (June 2011) as part of the overall study 
effort. The plan serves as the comprehensive plan required of 
all Wild and Scenic Rivers, and functions as a blueprint for 
conservation actions and management practices whether the 
rivers are designated as Wild and Scenic or not.
    S. 329 would complete the Wild and Scenic River designation 
of the Farmington River in Connecticut by designating all of 
the mainstem Farmington River segments found to meet the 
criteria of eligibility and suitability. At the same time, S. 
329 would affirm the compatibility of the Rainbow Dam and 
Reservoir with the proposed wild and scenic designations.

                          Legislative History

    In the 113th Congress, Senators Murphy and Blumenthal 
introduced a bill similar to S. 329, S. 1253, on June 27, 2013. 
The Subcommittee on National Parks held a hearing on the bill 
on July 31, 2013 (S. Hrg. 113-93). A companion bill, H.R. 2555, 
was introduced in the House of Representatives by 
Representatives Esty and Larson.
    S. 329 was introduced by Senators Murphy and Blumenthal on 
February 2, 2015. A companion bill, H.R. 646, was introduced in 
the House of Representatives by Representatives Esty and Larson 
on February 2, 2015. The Senate Subcommittee on National Parks 
held a hearing on S. 329 on June 10, 2015.
    At its business meeting on November 19, 2015, the Committee 
on Energy and Natural Resources on a voice vote ordered S. 329 
favorably reported as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 19, 2015, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
329, if amended as described herein.

                          Committee Amendments

    During its consideration of S. 329, the Committee adopted 
an amendment to minimize the impact that the operation of 
Rainbow Dam will have on the scenic, recreational, and fish and 
wildlife values of the newly designated river segments.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Lower Farmington 
River and Salmon Brook Wild and Scenic River Act.''
    Section 2 contains Congressional findings.
    Section 3 designates approximately 62 miles of the 
Farmington River and its tributary, Salmon Brook, as components 
of the National Wild and Scenic Rivers System.
    Section 4 directs the Secretary of the Interior to manage 
the new river segments in accordance with the management plan 
and to coordinate management responsibilities with the Lower 
Farmington River and Salmon Brook Wild and Scenic Committee. 
Section 4(c) authorizes the Secretary to enter into cooperative 
agreements to provide for the long-term protection, 
preservation, and enhancement of the rivers. Section 4(d) deems 
certain local zoning ordinances to satisfy the standards and 
requirements of the Wild and Scenic Rivers Act. It further 
prohibits land acquisition by Federal condemnation in the 
designated river segments and limits such acquisitions to those 
by donation or from a willing seller. Section 4(e) clarifies 
that the designation does not affect future licensing of the 
Rainbow Dam and Reservoir or impact the operation of the 
unlicensed hydroelectric facility at Rainbow Dam and Reservoir, 
although the Federal Energy Regulatory Commission may establish 
reasonable terms and conditions in a hydropower license to 
reduce impacts to the scenic, recreational, and fish and 
wildlife values of the new river segments. The newly designated 
river segments will not be administered as part of the National 
Park System.
    Section 5 extends the existing Farmington National Wild and 
Scenic River by 1.1 miles.
    Section 6 contains definitions.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      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 S. 329. 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. 329, as ordered reported.

                   Congressionally Directed Spending

    S. 329, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the NPS at the June 10, 2015 
Subcommittee on National Parks hearing on S. 329 follows:

Statement of Victor Knox, Associate Director, Park Planning, Facilities 
      and Lands, National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee today to present the views of the 
Department of the Interior on S. 329, 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 Wild and Scenic Rivers System, and for 
other purposes.
    The Department supports enactment of S. 329 with an 
amendment that is described later in this statement. The 
National Park Service's study of the Lower Farmington River and 
Salmon Brook, transmitted to Congress on October 17, 2013, 
determined that the segments proposed for designation under 
this bill are eligible for inclusion into the National Wild and 
Scenic Rivers System.
    S. 329 would designate 35.3 miles of the Farmington River 
and the entire 26.4 miles of its major tributary, Salmon Brook, 
as part of the Wild and Scenic Rivers System, to be 
administered by the Secretary of the Interior. The segments 
would be managed in accordance with the Lower Farmington River 
and Salmon Brook Management Plan (June 2011) with the Secretary 
coordinating administration and management with a locally based 
management committee, as specified in the plan. The bill would 
authorize the Secretary to enter into cooperative agreements 
with the State of Connecticut, the adjoining communities, and 
appropriate local planning and environmental organizations. S. 
329 would also make an adjustment to the upper Farmington Wild 
and Scenic River, which was designated in 1994, by adding 1.1 
miles to the lower end of that 14-mile designation.
    S. 329 would complete the wild and scenic river designation 
of the Farmington River in Connecticut by designating all of 
the mainstem Farmington River segments found to meet the 
criteria of eligibility and suitability. At the same time, S. 
329 would provide for the continued operation of one existing 
hydroelectric facility--Rainbow Dam in Windsor--and allow for 
potential hydroelectric development of existing dams in the 
Collinsville stretch of the river, which is currently the 
subject of an active Federal Energy Regulatory Commission 
(FERC) licensing proceeding sponsored by the Town of Canton.
    P.L. 109-370, the Lower Farmington River and Salmon Brook 
Study Act of 2005, authorized the study of the segments 
proposed for designation in S. 329. The National Park Service 
conducted the study in close cooperation with the adjoining 
communities, the State of Connecticut, the Farmington River 
Watershed Association, the Stanley Black & Decker Corporation 
(owner of Rainbow Dam) and other interested local parties.
    Although the Wild and Scenic Rivers Act requires the 
development of a comprehensive river management plan within 
three years of the date of designation, it has become the 
practice of the National Park Service to prepare this plan as 
part of a study of potential wild and scenic rivers when much 
of the river runs through private lands. This allows the 
National Park Service to consult widely with local landowners, 
federal and state land management agencies, local governments, 
river authorities, and other groups that have interests related 
to the river prior to any recommendation for designation. Early 
preparation of the plan also assures input from these entities 
as well as users of the river on the management strategies that 
would be needed to protect the river's resources.
    Technical assistance provided as a part of the study made 
possible the development of the Lower Farmington River and 
Salmon Brook Management Plan (June 2011). This plan is based 
primarily around local partner actions designed to guide the 
management of the Lower Farmington River and Salmon Brook with 
or without a National Wild and Scenic River designation.
    The study concluded that the proposed segments of the Lower 
Farmington River and Salmon Brook are eligible and suitable for 
inclusion in the National Wild and Scenic Rivers System because 
of their free-flowing nature and outstandingly remarkable 
geology, water quality, biological diversity, cultural 
landscape, recreation values and local authority to protect and 
enhance these values. These findings substantiate the widely 
held view of the Farmington River as Connecticut's premier, 
free-flowing river resource for a diversity of natural and 
cultural values, including one of New England's most 
significant whitewater boating runs, regionally unique 
freshwater mussel populations, and outstanding examples of 
archaeological and historical sites and districts spanning 
Native American, colonial and early manufacturing periods. 
Salmon Brook is, in its own right, highly significant for 
outstanding water quality and significant cold water fishery.
    If S. 329 is enacted, the Lower Farmington River and Salmon 
Brook would be administered as a partnership wild and scenic 
river, similar to several other designations in the Northeast, 
including the upper Farmington River and the Eightmile River in 
Connecticut. This approach emphasizes local and state 
management solutions, and has proven effective as a means of 
protecting outstandingly remarkable natural, cultural and 
recreational resource values without the need for direct 
federal management or land acquisition.
    We recommend amending S. 329 to ensure that if operations 
of the Rainbow Dam were to be changed, wild and scenic river 
values upstream and downstream of the hydro project would be 
protected. We would be pleased to work with the sponsor and the 
committee on the appropriate language for that purpose.
    Mr. Chairman, this concludes my statement. I would 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 made by 
the original bill, as 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, as amended

           *       *       *       *       *       *       *

SEC. 3. COMPONENT RIVERS AND ADJACENT LANDS

    (a) Designation.--The following rivers and the land 
adjacent thereto are hereby designated as components of the 
national wild and scenic rivers system:

           *       *       *       *       *       *       *

          (156) Farmington River, Connecticut.--The [14-mile] 
        15.1 mile segment of the West Branch and mainstem 
        extending from immediately below the Goodwin Dam and 
        Hydroelectric Project in Hartland, Connecticut, [to the 
        downstream end of the New Hartford-Canton, Connecticut, 
        town line] to the confluence with the Nepaug River 
        (hereinafter in this paragraph referred to as the 
        ``segment''), as a recreational river, to be 
        administered by the Secretary of the Interior through 
        cooperative agreements between the Secretary of the 
        Interior and the State of Connecticut and its relevant 
        political subdivisions, namely the Towns of Colebrook, 
        Hartland, Barkhamsted, New Hartford, and Canton and the 
        Hartford Metropolitan District Commission, pursuant to 
        section 10(e) of this Act. The segment shall be managed 
        in accordance with the Upper Farmington River 
        Management Plan, dated April 29, 1993, and such 
        amendments thereto as the Secretary of the Interior 
        determines are consistent with this Act. Such plan 
        shall be deemed to satisfy the requirement for a 
        comprehensive management plan pursuant to section 3(d) 
        of this Act

           *       *       *       *       *       *       *

          (213) Lower Farmington River and Salmon Brook, 
        Connecticut.--Segments of the main stem and its 
        tributary, Salmon Brook, totaling approximately 62 
        miles, to be administered by the Secretary of the 
        Interior as follows:
                  (A) The approximately 27.2-mile segment of 
                the Farmington River beginning 0.2 miles 14 
                below the tailrace of the Lower Collinsville 
                Dam and extending to the site of the Spoonville 
                Dam in Bloomfield and East Granby as a 
                recreational river.
                  (B) The approximately 8.1-mile segment of the 
                Farmington River extending from 0.5 miles below 
                the Rainbow Dam to the confluence with the 
                Connecticut River in Windsor as a recreational 
                river.
                  (C) The approximately 2.4-mile segment of the 
                main stem of Salmon Brook extending from the 
                confluence of the East and West Branches to the 
                confluence with the Farmington River as a 
                recreational river.
                  (D) The approximately 12.6-mile segment of 
                the West Branch of Salmon Brook extending from 
                its headwaters in Hartland, Connecticut to its 
                confluence with the East Branch of Salmon Brook 
                as a recreational river.
                  (E) The approximately 11.4-mile segment of 
                the East Branch of Salmon Brook extending from 
                the Massachusetts-Connecticut State line to the 
                confluence with the West Branch of Salmon Brook 
                as a recreational river.

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                                  [all]
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