II 

109TH CONGRESS 

2D SESSION S. 3723 

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 

JULY 25, 2006 

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 designating the undesignated paragraph 

15 relating to the White Salmon River, Washington, fol16 lowing paragraph (166) as paragraph (167); and 

17 (2) by adding at the end the following: 

18 ‘‘(168) EIGHTMILE RIVER, CONNECTICUT.—The fol19 lowing segments in the Eightmile River in the State of 

20 Connecticut, totaling approximately 25.3 miles, to be ad21 ministered by the Secretary of the Interior: 

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

23 of the Eightmile River, from Lake Hayward Brook 

24 to the Connecticut River at the mouth of Hamburg 

25 Cove, as a scenic river. 


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

2 of the Eightmile River from Witch Meadow Road to 

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

4 river. 

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

6 from the confluence of an unnamed stream lying 

7 0.74 miles due east of the intersection of Hartford 

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

9 East Branch of the Eightmile River, as a scenic 

10 river. 

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

12 from Cedar Pond Brook to the main stem of the 

13 Eightmile River, as a scenic river. 

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

15 Tisdale Brook to the main stem of the Eightmile 

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

17 (d) MANAGEMENT.— 

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

19 the Eightmile River in accordance with the Manage20 ment Plan and such amendments to the Plan as the 

21 Secretary determines to be consistent with this sec22 tion. 

23 (2) MANAGEMENT PLAN.—The Management 

24 Plan shall be considered to satisfy each requirement 

25 for a comprehensive management plan that is reVerDate Aug 31 2005 04:12 Jul 29, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723

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1 quired by section 3(d) of the Wild and Scenic Rivers 

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

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

4 management responsibilities of the Secretary relating to 

5 the Eightmile River with the Eightmile River Coordinating 

6 Committee, as described in the Management Plan. 

7 (f) COOPERATIVE AGREEMENTS.— 

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

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

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

11 enter into a cooperative agreement with— 

12 (A) the State of Connecticut; 

13 (B) the towns of— 

14 (i) Salem, Connecticut; 

15 (ii) Lyme, Connecticut; and 

16 (iii) East Haddam, Connecticut; and 

17 (C) appropriate local planning and environ18 mental organizations. 

19 (2) CONSISTENCY WITH MANAGEMENT PLAN.— 

20 Each cooperative agreement authorized by this sub21 section— 

22 (A) shall be consistent with the Manage23 ment Plan; and 

24 (B) may include provisions for financial or 

25 other assistance from the United States. 


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1 (g) 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 Eightmile River shall not— 

4 (1) be administered as part of the National 

5 Park System; or 

6 (2) be subject to laws (including regulations) 

7 that govern the National Park System. 

8 (h) LAND MANAGEMENT.— 

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

10 Eightmile River, each zoning ordinance adopted by 

11 the towns of Salem, East Haddam, and Lyme, Con12 necticut, in effect as of December 8, 2005 (including 

13 provisions for conservation of floodplains, wetland 

14 and watercourses associated with the segments), 

15 shall be considered to satisfy each standard and re16 quirement under section 6(c) of the Wild and Scenic 

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

18 (2) ACQUISITION OF LAND.—The authority of 

19 the Secretary to acquire land for the purpose of 

20 managing the Eightmile River as a component of the 

21 National Wild and Scenic Rivers System shall be— 

22 (A) limited to acquisition— 

23 (i) by donation; or 

24 (ii) with the consent of the owner of 

25 the land; and 


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1 (B) subject to the additional criteria set 

2 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 Lake Hayward Brook; 

23 (K) Malt House Brook; 

24 (L) Muddy Brook; 

25 (M) Ransom Brook; 


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1 (N) Rattlesnake Ledge Brook; 

2 (O) Shingle Mill Brook; 

3 (P) Strongs Brook; 

4 (Q) Tisdale Brook; 

5 (R) Witch Meadow Brook; and 

6 (S) all other perennial streams within the 

7 Eightmile River watershed. 

8 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as are nec10 essary to carry out this Act. 

Æ 


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