59–010 

Calendar No. 327 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–182 

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. 


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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. 


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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 


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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 


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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 


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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 ø14-mile¿ 

15.1 mile segment of the West Branch and mainstem extending 

from immediately below the Goodwin Dam and Hydroelectric 

Project in Hartland, Connecticut, øto 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 


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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. 

* * * * * * * 

Æ 


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