II 

112TH CONGRESS 

2D SESSION S. 2286 

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 

APRIL 17, 2012 

Mr. LIEBERMAN (for himself and Mr. BLUMENTHAL) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

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, 

3 SECTION 1. SHORT TITLE. 

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

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

6 SEC. 2. FINDINGS. 

7 The Congress finds that— 


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1 (1) the Lower Farmington River and Salmon 

2 Brook Study Act of 2005 (Public Law 109–370) au3 thorized the study of the Farmington River down4 stream from the segment designated as a rec5 reational river by section 3(a)(156) of the Wild and 

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

7 confluence with the Connecticut River, and the seg8 ment of the Salmon Brook including its main stem 

9 and east and west branches for potential inclusion in 

10 the National Wild and Scenic Rivers System; 

11 (2) the studied segments of the Lower Farm12 ington River and Salmon Brook support natural, 

13 cultural, and recreational resources of exceptional 

14 significance to the citizens of Connecticut and the 

15 Nation; 

16 (3) concurrently with the preparation of the 

17 study, the Lower Farmington River and Salmon 

18 Brook Wild and Scenic Study Committee prepared 

19 the Lower Farmington River and Salmon Brook 

20 Management Plan, June 2011, that establishes ob21 jectives, standards, and action programs that will 

22 ensure the long-term protection of the outstanding 

23 values of the river segments without Federal man24 agement of affected lands not owned by the United 

25 States; 


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1 (4) the Lower Farmington River and Salmon 

2 Brook Wild and Scenic Study Committee has voted 

3 in favor of Wild and Scenic River designation for the 

4 river segments, and has included this recommenda5 tion as an integral part of the management plan; 

6 (5) there is strong local support for the protec7 tion of the Lower Farmington River and Salmon 

8 Brook, including votes of support for Wild and Sce9 nic designation from the governing bodies of all ten 

10 communities abutting the study area; 

11 (6) the State of Connecticut General Assembly 

12 has endorsed the designation of the Lower Farm13 ington River and Salmon Brook as components of 

14 the National Wild and Scenic Rivers System (Public 

15 Act 08–37); and 

16 (7) the Rainbow Dam and Reservoir are located 

17 entirely outside of the river segment designated by 

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

19 the study of the Lower Farmington River pursuant 

20 to Public Law 109–370, operation of this hydro21 electric project (including associated transmission 

22 lines and other project works) is compatible with the 

23 designation made by section 3 of this Act. 


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1 SEC. 3. DESIGNATION. 

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

3 U.S.C. 1274(a)) is amended by adding at the end the fol4 lowing new paragraph: 

5 ‘‘(208) LOWER FARMINGTON RIVER AND SALM6 ON BROOK, CONNECTICUT.—Segments of the main 

7 stem and its tributary, Salmon Brook, totaling ap8 proximately 62 miles, to be administered by the Sec9 retary of the Interior as follows: 

10 ‘‘(A) The approximately 27.2 mile segment 

11 of the Farmington River beginning 0.2 miles 

12 below the tailrace of the Lower Collinsville Dam 

13 and extending to the site of the Spoonville Dam 

14 in Bloomfield and East Granby as a rec15 reational river. 

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

17 of the Farmington River extending from 0.5 

18 miles below the Rainbow Dam to the confluence 

19 with the Connecticut River in Windsor as a rec20 reational river. 

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

22 of the main stem of Salmon Brook extending 

23 from the confluence of the East and West 

24 Branches to the confluence with the Farm25 ington River as a recreational river. 


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

2 of the West Branch of Salmon Brook extending 

3 from its headwaters in Hartland, Connecticut 

4 to its confluence with the East Branch of Salm5 on Brook as a recreational river. 

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

7 of the East Branch of Salmon Brook extending 

8 from the Massachusetts-Connecticut State line 

9 to the confluence with the West Branch of 

10 Salmon Brook as a recreational river.’’. 

11 SEC. 4. MANAGEMENT. 

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

13 section 3 shall be managed in accordance with the man14 agement plan and such amendments to the management 

15 plan as the Secretary determines are consistent with this 

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

17 requirements for a comprehensive management plan pur18 suant to section 3(d) of the Wild and Scenic Rivers Act 

19 (16 U.S.C. 1274(d)). 

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

21 management responsibilities of the Secretary under this 

22 Act with the Lower Farmington River and Salmon Brook 

23 Wild and Scenic Committee, as specified in the manage24 ment plan. 

25 (c) COOPERATIVE AGREEMENTS.— 


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

2 long-term protection, preservation, and enhancement 

3 of the river segment designated by section 3 of this 

4 Act, the Secretary is authorized to enter into cooper5 ative agreements pursuant to sections 10(e) and 

6 11(b)(1) of the Wild and Scenic Rivers Act with— 

7 (A) the State of Connecticut; 

8 (B) the towns of Avon, Bloomfield, Bur9 lington, East Granby, Farmington, Granby, 

10 Hartland, Simsbury, and Windsor in Con11 necticut; and 

12 (C) appropriate local planning and environ13 mental organizations. 

14 (2) CONSISTENCY.—All cooperative agreements 

15 provided for under this Act shall be consistent with 

16 the management plan and may include provisions for 

17 financial or other assistance from the United States. 

18 (d) LAND MANAGEMENT.— 

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

20 the segments designated in section 3, the zoning or21 dinances adopted by the towns in Avon, Bloomfield, 

22 Burlington, East Granby, Farmington, Granby, 

23 Hartland, Simsbury, and Windsor in Connecticut, 

24 including provisions for conservation of floodplains, 

25 wetlands and watercourses associated with the segVerDate Mar 15 2010 03:38 Apr 18, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2286.IS S2286

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1 ments, shall be deemed to satisfy the standards and 

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

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

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

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

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

7 lands by condemnation shall apply to the segments 

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

9 the Secretary to acquire lands for the purposes of 

10 the segments designated in section 3 of this Act 

11 shall be limited to acquisition by donation or acquisi12 tion with the consent of the owner of the lands, and 

13 shall be subject to the additional criteria set forth in 

14 the management plan. 

15 (e) RAINBOW DAM.—The designation made by sec16 tion 3 shall not be construed to— 

17 (1) prohibit the potential future licensing or re18 licensing of the Rainbow Dam and Reservoir (includ19 ing associated transmission lines and other project 

20 works) by the Federal Energy Regulatory Commis21 sion as a federally licensed hydroelectric generation 

22 project under the Federal Power Act; or 

23 (2) affect the operations of a hydroelectric facil24 ity at Rainbow Dam and Reservoir. 


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1 (f) RELATION TO NATIONAL PARK SYSTEM.—Not2 withstanding section 10(c) of the Wild and Scenic Rivers 

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

4 shall not be administered as part of the National Park 

5 System or be subject to regulations which govern the Na6 tional Park System. 

7 SEC. 5. FARMINGTON RIVER, CONNECTICUT, DESIGNATION 

8 REVISION. 

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

10 (16 U.S.C. 1274(a)) is amended in the first sentence— 

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

12 mile’’; and 

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

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

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

16 SEC. 6. DEFINITIONS. 

17 For the purposes of this Act: 

18 (1) MANAGEMENT PLAN.—The term ‘‘manage19 ment plan’’ means the management plan referred to 

20 in section 2(3). 

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

22 the Secretary of the Interior. 

Æ 


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