II 

Calendar No. 224 

110TH CONGRESS 

1ST SESSION S. 553 

[Report No. 110–94] 

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 

JUNE 26, 2007 

Reported by Mr. BINGAMAN, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Eightmile Wild and 

3 Scenic River Act’’. 

4 SEC. 2. WILD AND SCENIC RIVER DESIGNATION, 

5 EIGHTMILE RIVER, CONNECTICUT. 

6 (a) FINDINGS.—Congress finds that— 

7 (1) the Eightmile River Wild and Scenic River 

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

9 484) required the Secretary to complete a study of 

10 the Eightmile River in the State of Connecticut from 

11 its headwaters downstream to its confluence with the 

12 Connecticut River for potential inclusion in the Na13 tional Wild and Scenic Rivers System; 

14 (2) the segments of the Eightmile River that 

15 were assessed in the study continue to be in a free16 flowing condition; 

17 (3) the segments of the Eightmile River contain 

18 outstanding resource values relating to— 

19 (A) cultural landscapes; 

20 (B) water quality; 

21 (C) watershed hydrology; 

22 (D) unique species; 

23 (E) natural communities; 

24 (F) geology; and 

25 (G) watershed ecosystems; 


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1 (4) the Eightmile River Wild and Scenic Study 

2 Committee has determined that— 

3 (A) the outstanding resource values of 

4 those segments of the Eightmile River depend 

5 on the continued integrity and quality of the 

6 Eightmile River watershed; 

7 (B) those resource values that are mani8 fested throughout the entire watershed; and 

9 (C) the continued protection of the entire 

10 watershed is intrinsically important to the des11 ignation of the Eightmile River under this Act; 

12 (5) the Eightmile River Wild and Scenic Study 

13 Committee took a watershed approach in studying 

14 and recommending management options for the river 

15 segments and the Eightmile River watershed as a 

16 whole; 

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

18 and Scenic Study Committee prepared the Eightmile 

19 River Management Plan to establish objectives, 

20 standards, and action programs to ensure long-term 

21 protection of the outstanding values of the river, and 

22 compatible management of the land and water re23 sources of the Eightmile River and its watershed, 

24 without Federal management of affected land not 

25 owned by the United States; 


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1 (7) the Eightmile River Wild and Scenic Study 

2 Committee— 

3 (A) voted in favor of including the 

4 Eightmile River in the National Wild and Sce5 nic Rivers System; and 

6 (B) included that recommendation as an 

7 integral part of the Eightmile River Watershed 

8 Management Plan; 

9 (8) the residents of the towns located adjacent 

10 to the Eightmile River and comprising most of its 

11 watershed, including Salem, East Haddam, and 

12 Lyme, Connecticut, as well as the boards of select13 men and land use commissions of those towns, 

14 voted— 

15 (A) to endorse the Eightmile River Water16 shed Management Plan; and 

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

18 component of the National Wild and Scenic 

19 Rivers System. 

20 (9) the General Assembly of the State of Con21 necticut enacted Public Act 05–18— 

22 (A) to endorse the Eightmile River Water23 shed Management Plan; and 


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1 (B) to seek the designation of the 

2 Eightmile River as a component of the National 

3 Wild and Scenic Rivers System. 

4 (b) DEFINITIONS.—In this Act: 

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

6 River’’ means segments of the main stem and cer7 tain tributaries of the Eightmile River in the State 

8 of Connecticut that are designated as components of 

9 the National Wild and Scenic Rivers System by the 

10 amendment made by subsection (c). 

11 (2) MANAGEMENT PLAN.—The term ‘‘Manage12 ment Plan’’ means the plan prepared by the 

13 Eightmile River Wild and Scenic Study Committee, 

14 with assistance from the National Park Service, 

15 known as the ‘‘Eightmile River Watershed Manage16 ment Plan’’, and dated December 8, 2005. 

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

18 the Secretary of the Interior. 

19 (c) DESIGNATION.—Section 3(a) of the Wild and Sce20 nic Rivers Act (16 U.S.C. 1274(a)) is amended— 

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

22 to the Musconetcong River, New Jersey) as para23 graph (169); 


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1 (2) by designating the undesignated paragraph 

2 relating to the White Salmon River, Washington, as 

3 paragraph (167); 

4 (3) by designating the undesignated paragraph 

5 relating to the Black Butte River, California, as 

6 paragraph (168); and 

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

8 ‘‘(170) EIGHTMILE RIVER, CONNECTICUT.—The fol9 lowing segments in the Eightmile River in the State of 

10 Connecticut, totaling approximately 25.3 miles, to be ad11 ministered by the Secretary of the Interior: 

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

13 of the Eightmile River, from Lake Hayward Brook 

14 to the Connecticut River at the mouth of Hamburg 

15 Cove, as a scenic river. 

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

17 of the Eightmile River from Witch Meadow Road to 

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

19 river. 

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

21 from the confluence of an unnamed stream lying 

22 0.74 miles due east of the intersection of Hartford 

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

24 East Branch of the Eightmile River, as a scenic 

25 river. 


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

2 from Cedar Pond Brook to the main stem of the 

3 Eightmile River, as a scenic river. 

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

5 Tisdale Brook to the main stem of the Eightmile 

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

7 (d) MANAGEMENT.— 

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

9 the Eightmile River in accordance with the Manage10 ment Plan and such amendments to the Plan as the 

11 Secretary determines to be consistent with this sec12 tion. 

13 (2) MANAGEMENT PLAN.—The Management 

14 Plan shall be considered to satisfy each requirement 

15 for a comprehensive management plan that is re16 quired by section 3(d) of the Wild and Scenic Rivers 

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

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

19 management responsibilities of the Secretary relating to 

20 the Eightmile River with the Eightmile River Coordinating 

21 Committee, as described in the Management Plan. 

22 (f) COOPERATIVE AGREEMENTS.— 

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

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


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

2 enter into a cooperative agreement with— 

3 (A) the State of Connecticut; 

4 (B) the towns of— 

5 (i) Salem, Connecticut; 

6 (ii) Lyme, Connecticut; and 

7 (iii) East Haddam, Connecticut; and 

8 (C) appropriate local planning and environ9 mental organizations. 

10 (2) CONSISTENCY WITH MANAGEMENT PLAN.— 

11 Each cooperative agreement authorized by this sub12 section— 

13 (A) shall be consistent with the Manage14 ment Plan; and 

15 (B) may include provisions for financial or 

16 other assistance from the United States. 

17 (g) RELATION TO NATIONAL PARK SYSTEM.—Not18 withstanding section 10(c) of the Wild and Scenic Rivers 

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

20 (1) be administered as part of the National 

21 Park System; or 

22 (2) be subject to regulations that govern the 

23 National Park System. 

24 (h) LAND MANAGEMENT.— 


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

2 Eightmile River, each zoning ordinance adopted by 

3 the towns of Salem, East Haddam, and Lyme, Con4 necticut, in effect as of December 8, 2005 (including 

5 provisions for conservation of floodplains, wetland 

6 and watercourses associated with the segments), 

7 shall be considered to satisfy each standard and re8 quirement under section 6(c) of the Wild and Scenic 

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

10 (2) ACQUISITION OF LAND.— 

11 (A) IN GENERAL.—The provisions of sec12 tion 6(c) of the Wild and Scenic Rivers Act (16 

13 U.S.C. 1277(c)) that prohibit Federal acquisi14 tion of land by condemnation shall apply to the 

15 acquisition of land for the Eightmile River. 

16 (B) LIMITATIONS.—The authority of the 

17 Secretary to acquire land for the purpose of 

18 managing the Eightmile River as a component 

19 of the National Wild and Scenic Rivers System 

20 shall be— 

21 (i) limited to acquisition— 

22 (I) by donation; or 

23 (II) with the consent of the 

24 owner of the land; and 


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1 (ii) subject to the additional criteria 

2 set forth in the Management Plan. 

3 (i) WATERSHED APPROACH.— 

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

5 the watershed approach to resource preservation and 

6 enhancement articulated in the Management Plan, 

7 the tributaries of the Eightmile River watershed 

8 specified in paragraph (2) are recognized as integral 

9 to the protection and enhancement of the Eightmile 

10 River and that watershed. 

11 (2) COVERED TRIBUTARIES.—The tributaries 

12 referred to in paragraph (1) include— 

13 (A) Beaver Brook; 

14 (B) Big Brook; 

15 (C) Burnhams Brook; 

16 (D) Cedar Pond Brook; 

17 (E) Cranberry Meadow Brook; 

18 (F) Early Brook; 

19 (G) Falls Brook; 

20 (H) Fraser Brook; 

21 (I) Harris Brook; 

22 (J) Hedge Brook; 

23 (K) Lake Hayward Brook; 

24 (L) Malt House Brook; 

25 (M) Muddy Brook; 


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1 (N) Ransom Brook; 

2 (O) Rattlesnake Ledge Brook; 

3 (P) Shingle Mill Brook; 

4 (Q) Strongs Brook; 

5 (R) Tisdale Brook; 

6 (S) Witch Meadow Brook; and 

7 (T) all other perennial streams within the 

8 Eightmile River watershed. 

9 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as are nec11 essary to carry out this Act. 


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Calendar No. 224 

110TH CONGRESS 

1ST SESSION S. 553 

[Report No. 110

–94] 

A BILL 

To amend the Wild and Scenic Rivers Act to desother purposes. National Wild and Scenic Rivers System, and for the State of Connecticut as components of the ignate certain segments of the Eightmile River in 

JUNE 26, 2007 

Reported without amendment 


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