II

103D CONGRESS

1ST SESSION S. 1332

To designate a portion of the Farmington River in Connecticut as a component of the national wild and scenic rivers system, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 30 (legislative day, JUNE 30), 1993

Mr. LIEBERMAN (for himself and Mr. DODD) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To designate a portion of the Farmington River in Connecticut as a component 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 ‘‘Farmington Wild and

5 Scenic River Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) Public Law 99–590 authorized the study of

9 2 segments of the West Branch of the Farmington
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1 River, including an 11-mile headwater segment in

2 Massachusetts and the uppermost 14-mile segment

3 in Connecticut, for potential inclusion in the wild

4 and scenic rivers system, and created the Farming5 ton River Study Committee, consisting of represent6 atives from the 2 States, the towns bordering the 2

7 segments, and other river interests, to advise the

8 Secretary of the Interior in conducting the study

9 and concerning management alternatives should the

10 river be included in the wild and scenic rivers sys11 tem;

12 (2) the study determined that both segments of

13 the river are eligible for inclusion in the wild and

14 scenic rivers system based upon their free-flowing

15 condition and outstanding fisheries, recreation, wild16 life, and historic values;

17 (3) the towns that directly abut the Connecticut

18 segment (Hartland, Barkhamsted, New Hartford,

19 and Canton), as well as the town of Colebrook,

20 which abuts the major tributary of the segment,

21 have demonstrated their desire for national wild and

22 scenic river designation through town meeting ac23 tions endorsing designation;

24 (4) the 4 abutting towns have demonstrated

25 their commitment to protect the river through the
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1 adoption of river protection overlay districts, which

2 establish a uniform setback for new structures, new

3 septic systems, sand and gravel extraction, and vege4 tation removal along the entire length of the Con5 necticut segment;

6 (5) during the study, the Farmington River

7 Study Committee and the National Park Service

8 prepared a comprehensive management plan for the

9 Connecticut segment, the Upper Farmington River

10 Management Plan, dated April 29, 1993, which es11 tablishes objectives, standards, and action programs

12 that will ensure long-term protection of the out13 standing values of the river and compatible manage14 ment of the land and water resources of the river;

15 and

16 (6) the Farmington River Study Committee

17 voted unanimously on April 29, 1993, to adopt the

18 Upper Farmington River Management Plan and to

19 recommend that Congress include the Connecticut

20 segment in the wild and scenic rivers system in ac21 cordance with the spirit and provisions of the Upper

22 Farmington River Management Plan, and to rec23 ommend that, in the absence of town votes support24 ing designation, no action be taken regarding wild
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1 and scenic river designation of the Massachusetts

2 segment.

3 SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DES4 IGNATION.

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

6 U.S.C. 1274(a)) is amended by adding at the end the fol7 lowing new paragraph:

8 ‘‘( ) FARMINGTON RIVER, CONNECTICUT.—

9 ‘‘(A) DESIGNATION AND MANAGEMENT.—The

10 14-mile segment of the West Branch and mainstem

11 extending from immediately below the Goodwin Dam

12 and Hydroelectric Project in Hartland, Connecticut,

13 to the downstream end of the New Hartford-Canton,

14 Connecticut, town line (referred to in this paragraph

15 as the ‘segment’), to be administered by the Sec16 retary of the Interior in cooperation with the Farm17 ington River Coordinating Committee established

18 under paragraph (B) as a recreational river. The

19 segment shall be managed in accordance with the

20 Upper Farmington River Management Plan, dated

21 April 29, 1993, adopted on April 29, 1993 by the

22 Farmington River Study Committee (referred to in

23 this paragraph as the ‘Plan’). The Plan shall be

24 deemed to satisfy the requirement for a comprehen-
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1 sive management plan pursuant to section 3(d) of

2 this Act.

3 ‘‘(B) MANAGEMENT COMMITTEE.—Not later

4 than 90 days after the date of enactment of this

5 paragraph, there shall be established a Farmington

6 River Coordinating Committee to assist in the long7 term protection of the segment and the implementa8 tion of this paragraph and the Plan. The member9 ship, functions, responsibilities, and administrative

10 procedures of the Committee shall be as set forth in

11 the Plan. The Committee shall not be a Federal ad12 visory committee, and shall not be subject to the

13 provisions of the Federal Advisory Committee Act (5

14 U.S.C. App.).

15 ‘‘(C) FEDERAL ROLE.—(i) The Director of the

16 National Park Service (referred to in this paragraph

17 as the ‘Director’) shall represent the Secretary in

18 the implementation of the Plan and the provisions of

19 this Act with respect to the segment designated by

20 this paragraph, including the review of proposed fed21 erally assisted water resources projects that could

22 have a direct and adverse effect on the values for

23 which the segment was established, as authorized

24 under section 7(a) of this Act.
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1 ‘‘(ii) Pursuant to sections 10(e) and 11(b)(1) of

2 this Act, the Director may enter into cooperative

3 agreements with the State of Connecticut, the towns

4 of Colebrook, Hartland, Barkhamsted, New Hart5 ford, and Canton, Connecticut, and the Committee.

6 Such cooperative agreements shall be consistent with

7 the Plan and may include provisions for financial or

8 other assistance from the United States to facilitate

9 the long-term protection, conservation, and enhance10 ment of the segment.

11 ‘‘(iii) The Director may provide technical assist12 ance, staff support, and funding to assist in the im13 plementation of the Plan.

14 ‘‘(iv) Notwithstanding section 10(c) of this Act,

15 no portion of the segment designated by this para16 graph shall become a part of the National Park Sys17 tem nor shall it be subject to regulations that govern

18 the National Park System.

19 ‘‘(D) WATER RESOURCES PROJECTS.—(i) In

20 determining whether a proposed water resources

21 project would have a direct and adverse effect on the

22 values for which the segment designated by this

23 paragraph was included in the national wild and sce24 nic rivers system, the Secretary shall specifically
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1 consider the extent to which the project is consistent

2 with the Plan.

3 ‘‘(ii) Congress finds that the existing operation

4 of the Colebrook Dam and Goodwin Dam hydro5 electric facilities, together with associated trans6 mission lines and other existing project works, pur7 suant to licenses or exemptions granted under the

8 Federal Power Act (16 U.S.C. 791a et seq.) and in

9 effect on the date of enactment of this paragraph,

10 is not incompatible with the designation of the seg11 ment referred to in subparagraph (A) as a compo12 nent of the national wild and scenic rivers system,

13 and will not have a direct and adverse effect on, nor

14 unreasonably diminish, the values for which the seg15 ment was established. Notwithstanding any provision

16 in this Act to the contrary, the designation of the

17 river shall not affect the ability of the Federal En18 ergy Regulatory Commission to license or relicense

19 (including exempting from licensing) the continued

20 operation of the Colebrook Dam and Goodwin Dam

21 hydroelectric projects, together with associated

22 transmission lines and other project works if such

23 operation is consistent with the Plan.

24 ‘‘(iii) Notwithstanding any provision in this Act

25 to the contrary, inclusion of the segment designated
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1 by this paragraph in the wild and scenic rivers sys2 tem shall not impair the continued operation of the

3 Colebrook Dam and Reservoir by the United States

4 Army Corps of Engineers for the purpose of flood

5 control.

6 ‘‘(iv) The Plan, including the detailed analysis

7 of instream flow needs incorporated in the Plan and

8 such additional analysis as may be incorporated in

9 the future, shall serve as the primary source of in10 formation regarding the flows needed to maintain

11 instream resources and the potential compatibility

12 between resource protection and possible water sup13 ply withdrawals.

14 ‘‘(E) LAND MANAGEMENT.—(i) The zoning or15 dinances adopted by the towns of Hartland,

16 Barkhamsted, New Hartford, and Canton, Connecti17 cut, including the ‘river protection overlay districts’

18 in effect on the date of enactment of this paragraph,

19 satisfy the standards and requirements of section

20 6(c) of this Act. For the purpose of section 6(c),

21 such towns shall be deemed ‘villages’ and the provi22 sions of that section, which prohibit Federal acquisi23 tion of lands by condemnation, shall apply.

24 ‘‘(ii) Nothing in this Act shall authorize man25 agement by the Federal Government of lands that
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1 are not owned by the Federal Government. All lands

2 along the segment and its tributaries shall be man3 aged by the owners of the land.

4 ‘‘(iii) The Federal Government shall not acquire

5 land along the segment or its tributaries for the pur6 poses of wild and scenic river designation. Nothing

7 in this Act shall prohibit Federal acquisition of land

8 along the segment for other purposes, or the use of

9 Federal funds administered by State or local agen10 cies to acquire land along the segment.

11 ‘‘(F) MISCELLANEOUS.—Notwithstanding sec12 tion 3(b), no distinct lateral boundary shall be estab13 lished for the segment of the river designated by this

14 paragraph, as set forth in the Plan.

15 ‘‘(G) AUTHORIZATION OF APPROPRIATIONS.—

16 There are authorized to be appropriated such sums

17 as are necessary to carry out this paragraph.’’.

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