II 

110TH CONGRESS 

1ST SESSION S. 553 

To amend the Wild and Scenic Rivers Act to designate certain segments 

of the Eightmile River 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 

FEBRUARY 12, 2007 

Mr. DODD (for himself and Mr. LIEBERMAN) 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 Eightmile River 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 ‘‘Eightmile Wild and 

5 Scenic River Act’’. 

6 SEC. 2. WILD AND SCENIC RIVER DESIGNATION, 

7 EIGHTMILE RIVER, CONNECTICUT. 

8 (a) FINDINGS.—Congress finds that— 


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1 (1) the Eightmile River Wild and Scenic River 

2 Study Act of 2001 (Public Law 107–65; 115 Stat. 

3 484) required the Secretary to complete a study of 

4 the Eightmile River in the State of Connecticut from 

5 its headwaters downstream to its confluence with the 

6 Connecticut River for potential inclusion in the Na7 tional Wild and Scenic Rivers System; 

8 (2) the segments of the Eightmile River that 

9 were assessed in the study continue to be in a free10 flowing condition; 

11 (3) the segments of the Eightmile River contain 

12 outstanding resource values relating to— 

13 (A) cultural landscapes; 

14 (B) water quality; 

15 (C) watershed hydrology; 

16 (D) unique species; 

17 (E) natural communities; 

18 (F) geology; and 

19 (G) watershed ecosystems; 

20 (4) the Eightmile River Wild and Scenic Study 

21 Committee has determined that— 

22 (A) the outstanding resource values of 

23 those segments of the Eightmile River depend 

24 on the continued integrity and quality of the 

25 Eightmile River watershed; 


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1 (B) those resource values that are mani2 fested throughout the entire watershed; and 

3 (C) the continued protection of the entire 

4 watershed is intrinsically important to the des5 ignation of the Eightmile River under this Act; 

6 (5) the Eightmile River Wild and Scenic Study 

7 Committee took a watershed approach in studying 

8 and recommending management options for the river 

9 segments and the Eightmile River watershed as a 

10 whole; 

11 (6) during the study, the Eightmile River Wild 

12 and Scenic Study Committee prepared the Eightmile 

13 River Management Plan to establish objectives, 

14 standards, and action programs to ensure long-term 

15 protection of the outstanding values of the river, and 

16 compatible management of the land and water re17 sources of the Eightmile River and its watershed, 

18 without Federal management of affected land not 

19 owned by the United States; 

20 (7) the Eightmile River Wild and Scenic Study 

21 Committee— 

22 (A) voted in favor of including the 

23 Eightmile River in the National Wild and Sce24 nic Rivers System; and 


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1 (B) included that recommendation as an 

2 integral part of the Eightmile River Watershed 

3 Management Plan; 

4 (8) the residents of the towns located adjacent 

5 to the Eightmile River and comprising most of its 

6 watershed, including Salem, East Haddam, and 

7 Lyme, Connecticut, as well as the boards of select8 men and land use commissions of those towns, 

9 voted— 

10 (A) to endorse the Eightmile River Water11 shed Management Plan; and 

12 (B) to seek designation of the river as a 

13 component of the National Wild and Scenic 

14 Rivers System. 

15 (9) the General Assembly of the State of Con16 necticut enacted Public Act 05–18— 

17 (A) to endorse the Eightmile River Water18 shed Management Plan; and 

19 (B) to seek the designation of the 

20 Eightmile River as a component of the National 

21 Wild and Scenic Rivers System. 

22 (b) DEFINITIONS.—In this Act: 

23 (1) EIGHTMILE RIVER.—The term ‘‘Eightmile 

24 River’’ means segments of the main stem and cer25 tain tributaries of the Eightmile River in the State 


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1 of Connecticut that are designated as components of 

2 the National Wild and Scenic Rivers System by the 

3 amendment made by subsection (c). 

4 (2) MANAGEMENT PLAN.—The term ‘‘Manage5 ment Plan’’ means the plan prepared by the 

6 Eightmile River Wild and Scenic Study Committee, 

7 with assistance from the National Park Service, 

8 known as the ‘‘Eightmile River Watershed Manage9 ment Plan’’, and dated December 8, 2005. 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (c) DESIGNATION.—Section 3(a) of the Wild and Sce13 nic Rivers Act (16 U.S.C. 1274(a)) is amended— 

14 (1) by redesignating paragraph (167) (relating 

15 to the Musconetcong River, New Jersey) as para16 graph (169); 

17 (2) by designating the undesignated paragraph 

18 relating to the White Salmon River, Washington, as 

19 paragraph (167); 

20 (3) by designating the undesignated paragraph 

21 relating to the Black Butte River, California, as 

22 paragraph (168); and 

23 (4) by adding at the end the following: 

24 ‘‘(170) EIGHTMILE RIVER, CONNECTICUT.—The fol25 lowing segments in the Eightmile River in the State of 


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1 Connecticut, totaling approximately 25.3 miles, to be ad2 ministered by the Secretary of the Interior: 

3 ‘‘(A) The 10.8-mile segment of the main stem 

4 of the Eightmile River, from Lake Hayward Brook 

5 to the Connecticut River at the mouth of Hamburg 

6 Cove, as a scenic river. 

7 ‘‘(B) The 8.0-mile segment of the East Branch 

8 of the Eightmile River from Witch Meadow Road to 

9 the main stem of the Eightmile River, as a scenic 

10 river. 

11 ‘‘(C) The 3.9-mile segment of Harris Brook 

12 from the confluence of an unnamed stream lying 

13 0.74 miles due east of the intersection of Hartford 

14 Road (State Route 85) and Round Hill Road to the 

15 East Branch of the Eightmile River, as a scenic 

16 river. 

17 ‘‘(D) The 1.9-mile segment of Beaver Brook 

18 from Cedar Pond Brook to the main stem of the 

19 Eightmile River, as a scenic river. 

20 ‘‘(E) The 0.7-mile segment of Falls Brook from 

21 Tisdale Brook to the main stem of the Eightmile 

22 River at Hamburg Cove, as a scenic river.’’. 

23 (d) MANAGEMENT.— 

24 (1) IN GENERAL.—The Secretary shall manage 

25 the Eightmile River in accordance with the ManageVerDate Aug 31 2005 23:21 Feb 13, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S553.IS S553

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1 ment Plan and such amendments to the Plan as the 

2 Secretary determines to be consistent with this sec3 tion. 

4 (2) MANAGEMENT PLAN.—The Management 

5 Plan shall be considered to satisfy each requirement 

6 for a comprehensive management plan that is re7 quired by section 3(d) of the Wild and Scenic Rivers 

8 Act (16 U.S.C. 1274(d)). 

9 (e) COMMITTEE.—The Secretary shall coordinate the 

10 management responsibilities of the Secretary relating to 

11 the Eightmile River with the Eightmile River Coordinating 

12 Committee, as described in the Management Plan. 

13 (f) COOPERATIVE AGREEMENTS.— 

14 (1) IN GENERAL.—Pursuant to sections 10(e) 

15 and 11(b)(1) of the Wild and Scenic Rivers Act (16 

16 U.S.C. 1281(e), 1282(b)(1)), the Secretary may 

17 enter into a cooperative agreement with— 

18 (A) the State of Connecticut; 

19 (B) the towns of— 

20 (i) Salem, Connecticut; 

21 (ii) Lyme, Connecticut; and 

22 (iii) East Haddam, Connecticut; and 

23 (C) appropriate local planning and environ24 mental organizations. 


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1 (2) CONSISTENCY WITH MANAGEMENT PLAN.— 

2 Each cooperative agreement authorized by this sub3 section— 

4 (A) shall be consistent with the Manage5 ment Plan; and 

6 (B) may include provisions for financial or 

7 other assistance from the United States. 

8 (g) RELATION TO NATIONAL PARK SYSTEM.—Not9 withstanding section 10(c) of the Wild and Scenic Rivers 

10 Act (16 U.S.C. 1281(c)), the Eightmile River shall not— 

11 (1) be administered as part of the National 

12 Park System; or 

13 (2) be subject to regulations that govern the 

14 National Park System. 

15 (h) LAND MANAGEMENT.— 

16 (1) ZONING ORDINANCES.—With respect to the 

17 Eightmile River, each zoning ordinance adopted by 

18 the towns of Salem, East Haddam, and Lyme, Con19 necticut, in effect as of December 8, 2005 (including 

20 provisions for conservation of floodplains, wetland 

21 and watercourses associated with the segments), 

22 shall be considered to satisfy each standard and re23 quirement under section 6(c) of the Wild and Scenic 

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

25 (2) ACQUISITION OF LAND.— 


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1 (A) IN GENERAL.—The provisions of sec2 tion 6(c) of the Wild and Scenic Rivers Act (16 

3 U.S.C. 1277(c)) that prohibit Federal acquisi4 tion of land by condemnation shall apply to the 

5 acquisition of land for the Eightmile River. 

6 (B) LIMITATIONS.—The authority of the 

7 Secretary to acquire land for the purpose of 

8 managing the Eightmile River as a component 

9 of the National Wild and Scenic Rivers System 

10 shall be— 

11 (i) limited to acquisition— 

12 (I) by donation; or 

13 (II) with the consent of the 

14 owner of the land; and 

15 (ii) subject to the additional criteria 

16 set forth in the Management Plan. 

17 (i) WATERSHED APPROACH.— 

18 (1) STATEMENT OF POLICY.—In furtherance of 

19 the watershed approach to resource preservation and 

20 enhancement articulated in the Management Plan, 

21 the tributaries of the Eightmile River watershed 

22 specified in paragraph (2) are recognized as integral 

23 to the protection and enhancement of the Eightmile 

24 River and that watershed. 


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1 (2) COVERED TRIBUTARIES.—The tributaries 

2 referred to in paragraph (1) include— 

3 (A) Beaver Brook; 

4 (B) Big Brook; 

5 (C) Burnhams Brook; 

6 (D) Cedar Pond Brook; 

7 (E) Cranberry Meadow Brook; 

8 (F) Early Brook; 

9 (G) Falls Brook; 

10 (H) Fraser Brook; 

11 (I) Harris Brook; 

12 (J) Hedge Brook; 

13 (K) Lake Hayward Brook; 

14 (L) Malt House Brook; 

15 (M) Muddy Brook; 

16 (N) Ransom Brook; 

17 (O) Rattlesnake Ledge Brook; 

18 (P) Shingle Mill Brook; 

19 (Q) Strongs Brook; 

20 (R) Tisdale Brook; 

21 (S) Witch Meadow Brook; and 

22 (T) all other perennial streams within the 

23 Eightmile River watershed. 


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1 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this Act. 

Æ 


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