89–010 

Calendar No. 592 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–306 

UPPER CONNECTICUT RIVER PARTNERSHIP ACT 

SEPTEMBER 27, 2010.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1117] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1117) to authorize the Secretary of the Interior 

to provide assistance in implementing cultural heritage, conservation, and recreational activities in the Connecticut River watershed 

of the States of New Hampshire and Vermont, having considered 

the same, reports favorably thereon with an amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Upper Connecticut River Partnership Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) COMMISSIONS.—The term ‘‘Commissions’’ means the Connecticut River 

Joint Commissions of New Hampshire and Vermont. 

(2) MANAGEMENT PLAN.— 

(A) IN GENERAL.—The term ‘‘management plan’’ means the management 

plan developed by the Commissions entitled ‘‘Connecticut River Corridor 

Management Plan’’ and dated May 1997. 

(B) INCLUSIONS.—The term ‘‘management plan’’ includes any updates to 

the management plan described in subparagraph (A). 

(3) PROGRAM.—The term ‘‘program’’ means the Connecticut River Grants and 

Technical Assistance Program established by section 3(a). 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(5) STATE.—The term ‘‘State’’ means each of the States of New Hampshire 

and Vermont. 

(6) WATERSHED.—The term ‘‘watershed’’ means the upper Connecticut River 

watershed. 


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SEC. 3. CONNECTICUT RIVER GRANTS AND TECHNICAL ASSISTANCE PROGRAM. 

(a) IN GENERAL.—There is established in the Department of the Interior the Connecticut River Grants and Technical Assistance Program. 

(b) PURPOSE.—The purpose of the program is to provide financial and technical 

assistance to the States, through the Commissions, to improve management of the 

watershed in accordance with the management plan. 

(c) FINANCIAL AND TECHNICAL ASSISTANCE.— 

(1) IN GENERAL.—Subject to paragraph (2), the Secretary may provide financial and technical assistance to the Commissions in furtherance of the purposes 

of this Act. 

(2) LIMITATION.—No financial assistance shall be provided under this Act 

until the date on which the Secretary has approved criteria for financial assistance in accordance with subsection (d). 

(d) CRITERIA.— 

(1) DEVELOPMENT.—The Commissions shall develop criteria for— 

(A) prioritizing and determining the eligibility of applicants for financial 

and technical assistance under the program; and 

(B) reviewing and prioritizing applications for financial and technical assistance under the program. 

(2) REVIEW; APPROVAL.— 

(A) SUBMISSION.—The Commissions shall submit the criteria developed 

under paragraph (1) to the Secretary for review. 

(B) APPROVAL OR DISAPPROVAL.— 

(i) IN GENERAL.—Not later than 180 days after the date on which the 

Commissions submit the criteria under subparagraph (A), the Secretary 

shall approve or disapprove the criteria. 

(ii) DISAPPROVAL.—If the Secretary disapproves the criteria under 

clause (i), the Secretary shall— 

(I) advise the Commissions of the reasons for disapproval; 

(II) make recommendations for revisions to the criteria; and 

(III) not later than 180 days after the date on which the Commissions submit revised criteria to the Secretary, approve or disapprove the revised criteria. 

(C) CONSIDERATIONS.—In reviewing the criteria submitted under this 

paragraph, the Secretary shall consider the extent to which the criteria— 

(i) are consistent with the purposes and goals of the management 

plan; and 

(ii) provide for protection of the watershed, including the natural, cultural, historic, and recreational resources within the watershed. 

(e) AUTHORITIES OF THE COMMISSIONS.—The Commissions may use funds made 

available under this Act to provide financial and technical assistance to State and 

local governments, nonprofit organizations, and other public and private entities to 

protect the watershed in accordance with the approved criteria and consistent with 

the management plan. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated to carry out this Act 

$10,000,000, of which not more than $1,000,000 may be made available for any 1 

fiscal year. 

(b) COST-SHARING REQUIREMENT.— 

(1) IN GENERAL.—The Federal share of the total cost of any activity under this 

Act shall be not more than 50 percent of the total cost. 

(2) FORM.—The non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued. 

SEC. 5. TERMINATION OF AUTHORITY. 

The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 10 years after the date of enactment of this Act. 

PURPOSE

The purpose of S. 1117 is to authorize the Secretary of the Interior to provide financial and technical assistance to carry out 

projects for conservation and protection of the natural, cultural, 

historic, and recreational resources of the upper Connecticut River 

watershed. 


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BACKGROUND AND NEED

The upper Connecticut River forms the border between Vermont 

and New Hampshire, and the watershed encompasses roughly 35 

percent of the States’ total combined land area. The watershed and 

several sites located within it have been recognized as containing 

significant cultural, natural, and scenic resources, including MarshBillings-Rockefeller National Historical Park, Saint-Gaudens National Historic Site, and sections of the Appalachian Trail. It also 

includes the Silvio O. Conte National Fish and Wildlife Refuge and 

the Connecticut River Byway, which was recognized as a National 

Scenic Byway in 2005. 

The upper Connecticut River watershed provides many opportunities for river-based recreation, such as swimming, boating, camping, fishing, bicycling, and hiking. There has been sustained local 

interest in developing and managing the area to support outdoor 

recreation while protecting the watershed’s scenic and natural 

value. The loss of private land to development, erosion along riverfront land, and mercury and other toxins in fish threaten the watershed’s recreational value as well as its natural resources. 

The Connecticut River Joint Commissions were formed in 1989, 

uniting separate commissions that had been formed by the States 

of Vermont and New Hampshire, to serve as a catalyst to preserve 

and protect the resources of the Connecticut River Valley, and to 

guide its growth and development. In 1997, the Commissions completed the Connecticut River Corridor Management Plan. The management plan identifies several focus areas for protecting the Connecticut River, including river quality, flow management and dams, 

sustaining habitat for fish and wildlife, and economic opportunities. 

The management plan encourages the Connecticut River Joint 

Commissions to work with state and federal agencies to meet the 

Plan’s goals for restoring, conserving, and preserving the Connecticut River. The Connecticut River Joint Commissions have secured 

funding from federal agencies in the past, but the Commissions are 

seeking a dedicated individualized grant program that would address a backlog of projects that would benefit the river and the region. Legislation is needed to establish a grant and technical assistance program to award grants to local communities and organizations that seek to achieve the management plan’s goals of preserving, conserving and restoring the upper Connecticut River watershed and its resources. 

LEGISLATIVE HISTORY

S. 1117 was introduced by Senators Leahy, Shaheen, Sanders, 

and Gregg on May 21, 2009. The Subcommittee on National Parks 

held a hearing on the bill on July 15, 2009. The Committee on Energy and Natural Resources considered the bill and adopted an 

amendment in the nature of a substitute at its business meeting 

on July 21, 2010. The Committee ordered S. 1117 favorably reported, as amended, at its business meeting on August 5, 2010. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on August 5, 2010, by a voice vote of a quorum 


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present, recommends that the Senate pass S. 1117, if amended as 

described herein. 

COMMITTEE AMENDMENT

During the consideration of S. 1117, the Committee adopted an 

amendment in the nature of a substitute. The amendment makes 

the authorization consistent with authorities provided for National 

Heritage Areas. In particular, the amendment deletes the Congressional finding and purpose section, and expands the definitions section to clarify several terms used in the bill. It clarifies that financial and technical assistance for the Connecticut River Grants and 

Technical Assistance Program will not be provided by the Secretary 

of the Interior until he has approved criteria developed by the 

Commissions. The amendment includes requirements detailing how 

the Secretary will review the criteria and the process for approving 

or disapproving the criteria. The amendment also changes the Federal cost share from 75 percent to 50 percent, and adds a sunset 

clause that terminates the Secretary’s authority to provide financial assistance after 10 years. The Committee amendment is further explained in detail in the section-by-section analysis below. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘Upper Connecticut River 

Partnership Act.’’ 

Section 2 defines key terms used in the bill. 

Section 3(a) establishes the Connecticut River Grants and Technical Assistance Program. 

Subsection (b) describes the purpose of the program, which is to 

provide financial and technical assistance to improve management 

of the watershed in accordance with the management plan developed by the Connecticut River Joint Commissions of New Hampshire and Vermont (the ‘‘Commissions’’). 

Subsection (c) clarifies that the Secretary of the Interior may provide financial and technical assistance to the Commissions, but not 

until the Secretary has approved criteria for financial assistance in 

accordance with this Act. 

Subsection (d) instructs the Commissions to develop criteria for 

determining the eligibility of applicants for financial and technical 

assistance and for reviewing their applications. The Secretary must 

approve or disapprove the Commissions’ criteria within six months 

after they are submitted for review, considering the extent to which 

the criteria are consistent with the purposes and goals of the Commissions’ management plan. If the Secretary disapproves the criteria he must make recommendations for revisions to the criteria 

and approve or disapprove the revised criteria within six months 

after they are submitted. 

Subsection (e) authorizes the Commissions to use Federal funds 

to make grants, enter into cooperative agreements or provide technical assistance, hire staff, obtain funds or services from any 

source, contract for goods or services, and support activities of partners and any other activities that further the purposes of the heritage area and are consistent with the management plan. 

Section 4(a) authorizes total appropriations of $10 million, of 

which not more than $1 million may be appropriated for any fiscal 

year. 


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Subsection (b) requires Federal funding to be matched on a 50:50 

basis by funds from non-Federal sources, including in the form of 

in-kind contributions of goods or services. 

Section 5 provides that the authority of the Secretary to provide 

assistance under this Act terminates 10 years after the date of enactment. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1117—Upper Connecticut River Partnership Act 

S. 1117 would establish the Connecticut River Grants and Technical Assistance Program to help New Hampshire and Vermont 

manage the upper Connecticut River watershed. For that purpose, 

the bill would authorize the appropriation of $10 million, up to $1 

million annually. Assuming appropriation of the authorized 

amounts, CBO estimates that implementing S. 1117 would cost the 

National Park Service, which would manage the program, $5 million over the 2011–2015 period and $5 million after 2015. Enacting 

the legislation would not affect revenues or direct spending; therefore, pay-as-you-go procedures do not apply. 

S. 1117 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 states 

of New Hampshire and Vermont and local governments in those 

states would benefit from assistance authorized in the bill. Any 

costs to those governments would be incurred voluntarily as a condition of receiving federal assistance. 

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, 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 

S. 1117. 

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. 1117, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

In accordance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides the following identification of congressionally directed spending items contained in the 

bill, as reported: 

Section Provision Member 

4 Authorization of Appropriations Senator Leahy 


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EXECUTIVE COMMUNICATIONS

The testimony provided by the National Park Service at the July 

15, 2009 Subcommittee hearing on S. 1117 follows: 

STATEMENT OF KATHERINE H. STEVENSON, DEPUTY DIRECTOR, SUPPORT SERVICES, 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. 1117, the Upper Connecticut River Partnership Act, which would authorize the Secretary of the 

Interior to provide assistance in implementing cultural 

heritage, conservation and recreational activities in the 

Connecticut River watershed of the States of New Hampshire and Vermont. 

The Department appreciates the efforts of the Connecticut River Joint Commissions and their exemplary 

work in the upper Connecticut River watershed. Many 

local, state, regional and federal organizations have 

worked in partnership with the Commissions for many 

years to support numerous efforts to improve water quality, promote sustainable tourism, protect unique natural 

and rural resources, and improve recreational opportunities. 

While we support activities that conserve and enhance 

the cultural, environmental and recreational resources of 

the upper Connecticut River watershed, the Department 

cannot support S. 1117. There are existing funding mechanisms within the National Park Service, U.S. Fish and 

Wildlife Service, and possibly other federal agencies that 

can foster the type of partnership efforts envisioned in this 

bill. For example, technical assistance is available through 

the National Park Service’s Rivers, Trails, and Conservation Assistance Program, while grants are available 

through the U.S. Fish and Wildlife Service’s North American Wetlands Conservation Act Grants Program. 

The upper Connecticut River watershed encompasses 41 

percent of the state of Vermont’s total area and 33 percent 

of the state of New Hampshire’s. It has been the subject 

of many past studies, including National Park Service 

(NPS) studies, which document its natural and cultural resources. The upper Connecticut River watershed was recognized by Congress in 1991 as part of the Silvio O. Conte 

National Fish and Wildlife Refuge; the refuge manages the 

Nulhegan Basin unit and sponsors education centers at 

the Montshire Museum in Norwich, Vermont as well as in 

Colebrook, New Hampshire and Turner’s Falls, Massachusetts. The watershed also contains units of the National 

Park System including Marsh-Billings-Rockefeller National Historical Park, Saint Gaudens National Historic 

Site, and sections of the Appalachian Trail. The NPS Rivers, Trails and Conservation Assistance Program field office in Woodstock, Vermont has projects in the watershed, 

and the Hydropower Relicensing and Wild & Scenic River 


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programs serve the region from the Northeast Region’s office. The Connecticut River was designated an American 

Heritage River in 1998, and is home to the Connecticut 

River Scenic Byway, designated by the States of Vermont 

and New Hampshire in 1999. In 2005, it was also designated as a National Scenic Byway. 

The Connecticut River Joint Commissions was formed in 

1989, uniting separate commissions that had been formed 

by the States of Vermont and New Hampshire previously. 

In 1997, working with 5 bi-state local subcommittees, they 

produced the Connecticut River Corridor Management 

Plan. From 1992 to 1999 the NPS provided $1.325 million 

to the Connecticut River Joint Commissions, as well as 

technical assistance, for work in the upper Connecticut 

River watershed. The NPS will continue to support and 

work with the Joint Commissions. 

Mr. Chairman, thank you for the opportunity to comment. This concludes my prepared remarks. 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, the Committee notes that no changes in existing law are made by the bill S. 1117, as ordered reported. 

Æ 


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