Calendar No. 449

103D CONGRESS

2D SESSION H. R. 2815

[Report No. 103–278]

AN ACT

To designate a portion of the Farmington River in

and Scenic Rivers System.Connecticut as a component of the National Wild

MAY 25 (legislative day, MAY 16) 1994

Report with amendment
IIA

Calendar No. 449

103D CONGRESS

2D SESSION H. R. 2815

[Report No. 103–278]

To designate a portion of the Farmington River in Connecticut as a

component of the National Wild and Scenic Rivers System.

IN THE SENATE OF THE UNITED STATES

MARCH 16 (legislative day, FEBRUARY 22), 1994

Received; read twice and referred to the Committee on Energy and Natural

Resources

MAY 25 (legislative day, MAY 16), 1994

Reported by Mr. JOHNSTON, with amendments

[Omit the part struck through and insert the part printed in italic]

AN ACT

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

Rivers System.

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’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

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

4 2 segments of the West Branch of the Farmington

5 River, including an 11-mile headwater segment in

6 Massachusetts and the uppermost 14-mile segment

7 in Connecticut, for potential inclusion in the Na8 tional Wild and Scenic Rivers System, and created

9 the Farmington River Study Committee, consisting

10 of representatives from the 2 States, the towns bor11 dering the 2 segments, and other river interests, to

12 advise the Secretary of the Interior in conducting

13 the study and concerning management alternatives

14 should the river be included in the National Wild

15 and Scenic Rivers System;

16 (2) the study determined that both segments of

17 the river are eligible for inclusion in the National

18 Wild and Scenic Rivers System based upon their

19 free-flowing condition and outstanding fisheries,

20 recreation, wildlife, and historic values;

21 (3) the towns that directly abut the Connecticut

22 segment (Hartland, Barkhamsted, New Hartford,

23 and Canton), as well as the Town of Colebrook,

24 which abuts the segment’s major tributary, have

25 demonstrated their desire for national wild and sce26 nic river designation through town meeting actions
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1 endorsing designation; in addition, the 4 abutting

2 towns have demonstrated their commitment to pro3 tect the river through the adoption of ‘‘river protec4 tion overlay districts’’, which establish a uniform set5 back for new structures, new septic systems, sand

6 and gravel extraction, and vegetation removal along

7 the entire length of the Connecticut segment;

8 (4) during the study, the Farmington River

9 Study Committee and the National Park Service

10 prepared a comprehensive management plan for the

11 Connecticut segment (the ‘‘Upper Farmington River

12 Management Plan’’, dated April 29, 1993) which es13 tablishes objectives, standards, and action programs

14 that will ensure long-term protection of the river’s

15 outstanding values and compatible management of

16 its land and water resources, without Federal man17 agement of affected lands not owned by the United

18 States;

19 (5) the Farmington River Study Committee

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

21 Upper Farmington River Management Plan and to

22 recommend that Congress include the Connecticut

23 segment in the National Wild and Scenic Rivers Sys24 tem in accordance with the spirit and provisions of

25 the Upper Farmington River Management Plan, and
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1 to recommend that, in the absence of town votes

2 supporting designation, no action be taken regarding

3 wild and scenic river designation of the Massachu4 setts segment; and

5 (6) the Colebrook Dam and Goodwin Dam hy6 droelectric projects are located outside the river seg7 ment designated by section 3, and the study of the

8 Farmington River pursuant to Public Law 99–590

9 determined that continuation of existing operations

10 of these projects as presently configured, together

11 with associated transmission lines and other existing

12 project works, is not incompatible with the designa13 tion made by section 3 and will not unreasonably di14 minish the scenic, recreational, and fish and wildlife

15 values of the segment designated by such section as

16 of the date of enactment of this Act; therefore, sec17 tion 7(a) of the Wild and Scenic Rivers Act will not

18 preclude the Federal Energy Regulatory Commission

19 from licensing or relicensing (or exempting from li20 censing) the continued operations of such projects as

21 presently configured or with changes in configura22 tion that the Secretary determines would be consist23 ent with the Wild and Scenic Rivers Act and the

24 Plan.
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1 (6) the Colebrook Dam and Goodwin Dam hy2 droelectric projects are located outside the river seg3 ment designated by section 3, and based on the study

4 of the Farmington River pursuant to Public Law 99–

5 590, continuation of the existing operation of these

6 projects as presently configured, including associated

7 transmission lines and other existing project works, is

8 compatible with the designation made by section 3

9 and will not unreasonably diminish the scenic, rec10 reational, and fish and wildlife values of the segnment

11 designated by such section as of the date of enactment

12 of this Act.

13 SEC. 3. DESIGNATION.

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

15 U.S.C. 1274(a)) is amended by adding the following new

16 paragraph at the end thereof:

17 ‘‘( ) FARMINGTON RIVER, CONNECTICUT.—The 14-

18 mile segment of the West Branch and mainstem extending

19 from immediately below the Goodwin Dam and Hydro20 electric Project in Hartland, Connecticut, to the down21 stream end of the New Hartford-Canton, Connecticut,

22 town line (hereinafter in this paragraph referred to as the

23 ‘segment’), as a recreational river, to be administered by

24 the Secretary of the Interior through cooperative agree25 ments between the Secretary of the Interior and the State
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1 of Connecticut and its relevant political subdivisions,

2 namely the Towns of Colebrook, Hartland, Barkhamsted,

3 New Hartford, and Canton and the Hartford Metropolitan

4 District Commission, pursuant to section 10(e) of this

5 Act. The segment shall be managed in accordance with

6 the Upper Farmington River Management Plan, dated

7 April 29, 1993, and such amendments thereto as the Sec8 retary of the Interior determines are consistent with this

9 Act. Such plan shall be deemed to satisfy the requirement

10 for a comprehensive management plan pursuant to section

11 3(d) of this Act.’’.

12 SEC. 4. MANAGEMENT.

13 (a) COMMITTEE.—The Director shall appoint a per14 son to represent the Secretary on the Farmington River

15 Coordinating Committee provided for in the Plan.

16 (a) COMMITTEE.—The Director of the National Park

17 Service, or his or her designee, shall represent the Secretary

18 on the Farmington River Coordinating Committee provided

19 for in the plan.

20 (b) FEDERAL ROLE.—(1) The Director shall rep21 resent the Secretary in the implementation of the Plan

22 and the provisions of this Act with respect to the segment

23 designated by section 3, including ongoing review of the

24 consistency of the Plan with the Wild and Scenic Rivers

25 Act and the review of proposed federally assisted water
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1 resources projects which could have a direct and adverse

2 effect on the values for which the segment was established,

3 as authorized under section 7(a) of the Wild and Scenic

4 Rivers Act. (2) (1) In order to provide for the long-term

5 protection, preservation, and enhancement of the river

6 segment designated by section 3, the Secretary, pursuant

7 to section 10(e) of the Wild and Scenic Rivers Act, shall

8 offer to enter into cooperative agreements with the State

9 of Connecticut and its relevant political subdivisions iden10 tified in the amendment made by such section 3 and, pur11 suant to section 11(b)(1) of such Act, shall make a similar

12 offer to the Farmington River Watershed Association. The

13 Secretary, pursuant to such section 11(b)(1), also may

14 enter into cooperative agreements with other parties who

15 may be represented on the Committee. All cooperative

16 agreements provided for in this Act shall be consistent

17 with the Plan, and may include provisions for financial

18 or other assistance from the United States to facilitate

19 the long-term protection, conservation, and enhancement

20 of the segment designated by such section 3 and the imple21 mentation of the Plan.

22 (3) (2) The Secretary may provide technical assist23 ance, staff support, and funding to assist in the implemen24 tation of the Plan.
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1 (4) (3) Implementation of this Act through coopera2 tive agreements as described in paragraph (2) of this sub3 section shall not constitute National Park Service adminis4 tration of the segment designated by section 3 for pur5 poses of section 10(c) of the Wild and Scenic Rivers Act,

6 and shall not cause such segment to be considered as being

7 a unit of the National Park System.

8 (c) WATER RESOURCES PROJECTS.—(1) In deter9 mining whether a proposed water resources project would

10 have a direct and adverse effect on the values for which

11 the segment designated by section 3 was included in the

12 National Wild and Scenic Rivers System, the Director Sec13 retary shall specifically consider the extent to which the

14 project is consistent with the Plan.

15 (2) For purposes of implementation of section 7 of

16 the Wild and Scenic Rivers Act, the Plan, including the

17 detailed analysis of instream flow needs incorporated

18 therein and such additional analysis as may be incor19 porated in the future, shall serve as the primary source

20 of information regarding the flows needed to maintain

21 instream resources and the potential compatibility between

22 resource protection and possible water supply withdrawals.

23 (d) LAND MANAGEMENT.—The zoning ordinances

24 duly adopted by the towns of Hartland, Barkhamsted,

25 New Hartford, and Canton, Connecticut, including the
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1 ‘‘river protection overlay districts’’ in effect on the date

2 of enactment of this Act, shall be deemed to satisfy the

3 standards and requirements of section 6(c) of the Wild

4 and Scenic Rivers Act. For the purpose of section 6(c),

5 such towns shall be deemed ‘‘villages’’ and the provisions

6 of that section, which prohibit Federal acquisition of lands

7 by condemnation, shall apply to the segment designated

8 by section 3.

9 SEC. 5. DEFINITIONS.

10 For the purposes of this Act:

11 (1) The term ‘‘Committee’’ means the Farming12 ton River Coordinating Committee referred to in sec13 tion 4.

14 (2) The term ‘‘Director’’ means the Director of

15 the National Park Service.

16 (3) (2) The term ‘‘Plan’’ means the comprehen17 sive management plan for the Connecticut segment

18 of the Farmington River prepared by the Farming19 ton River Study Committee and the National Park

20 Service, which is known as the ‘‘Upper Farmington

21 River Management Plan’’ and dated April 29, 1993.

22 (4) (3) The term ‘‘Secretary’’ means the Sec23 retary of the Interior.
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1 SEC. 6. FUNDING AUTHORIZATION.

2 There are authorized to be appropriated such sums

3 as may be necessary to carry out the purposes of this Act,

4 including the amendment to the Wild and Scenic Rivers

5 Act made by section 3.

Passed the House of Representatives March 15,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.