H. R. 2815

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

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

of the National Wild and Scenic Rivers System.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Farmington Wild and Scenic

River Act’’.

SEC. 2. FINDINGS.

The Congress finds that—

(1) Public Law 99–590 authorized the study of 2 segments

of the West Branch of the Farmington River, including an

11-mile headwater segment in Massachusetts and the uppermost 14-mile segment in Connecticut, for potential inclusion

in the National Wild and Scenic Rivers System, and created

the Farmington River Study Committee, consisting of representatives from the 2 States, the towns bordering the 2 segments,

and other river interests, to advise the Secretary of the Interior

in conducting the study and concerning management alternatives should the river be included in the National Wild and

Scenic Rivers System; (2) the study determined that both segments of the river

are eligible for inclusion in the National Wild and Scenic Rivers

System based upon their free-flowing condition and outstanding

fisheries, recreation, wildlife, and historic values;

(3) the towns that directly abut the Connecticut segment (Hartland, Barkhamsted, New Hartford, and Canton), as well

as the Town of Colebrook, which abuts the segment’s major

tributary, have demonstrated their desire for national wild

and scenic river designation through town meeting actions

endorsing designation; in addition, the 4 abutting towns have

demonstrated their commitment to protect the river through

the adoption of ‘‘river protection overlay districts’’, which establish a uniform setback for new structures, new septic systems,

sand and gravel extraction, and vegetation removal along the

entire length of the Connecticut segment;
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(4) during the study, the Farmington River Study Commit- tee and the National Park Service prepared a comprehensive

management plan for the Connecticut segment (the ‘‘Upper

Farmington River Management Plan’’, dated April 29, 1993)

which establishes objectives, standards, and action programs

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

values and compatible management of its land and water

resources, without Federal management of affected lands not

owned by the United States; (5) the Farmington River Study Committee voted unani- mously on April 29, 1993, to adopt the Upper Farmington

River Management Plan and to recommend that Congress

include the Connecticut segment in the National Wild and

Scenic Rivers System in accordance with the spirit and provisions of the Upper Farmington River Management Plan, and

to recommend that, in the absence of town votes supporting

designation, no action be taken regarding wild and scenic river

designation of the Massachusetts segment; and (6) the Colebrook Dam and Goodwin Dam hydroelectric projects are located outside the river segment designated by

section 3, and based on the study of the Farmington River

pursuant to Public Law 99–590, continuation of the existing

operation of these projects as presently configured, including

associated transmission lines and other existing project works,

is compatible with the designation made by section 3 and

will not unreasonably diminish the scenic, recreational, and

fish and wildlife values of the segment designated by such

section as of the date of enactment of this Act.

SEC. 3. DESIGNATION.

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.

1274(a)) is amended by adding the following new paragraph at

the end thereof:

‘‘( ) FARMINGTON RIVER, CONNECTICUT.—The 14-mile segment of the West Branch and mainstem extending from immediately

below the Goodwin Dam and Hydroelectric Project in Hartland,

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

Connecticut, town line (hereinafter in this paragraph referred to

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

the Secretary of the Interior through cooperative agreements

between the Secretary of the Interior and the State of Connecticut

and its relevant political subdivisions, namely the Towns of

Colebrook, Hartland, Barkhamsted, New Hartford, and Canton and

the Hartford Metropolitan District Commission, pursuant to section 10(e) of this Act. The segment shall be managed in accordance

with the Upper Farmington River Management Plan, dated April

29, 1993, and such amendments thereto as the Secretary of the

Interior determines are consistent with this Act. Such plan shall

be deemed to satisfy the requirement for a comprehensive management plan pursuant to section 3(d) of this Act.’’.

SEC. 4. MANAGEMENT.

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

or his or her designee, shall represent the Secretary on the Farmington River Coordinating Committee provided for in the plan.

(b) FEDERAL.—(1) In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3, the Secretary, pursuant to section 10(e) of
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the Wild and Scenic Rivers Act, shall offer to enter into cooperative

agreements with the State of Connecticut and its relevant political

subdivisions identified in the amendment made by such section

3 and, pursuant to section 11(b)(1) of such Act, shall make a

similar offer to the Farmington River Watershed Association. The

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

cooperative agreements with other parties who may be represented

on the Committee. All cooperative agreements provided for in this

Act shall be consistent with the Plan, and may include provisions

for financial or other assistance from the United States to facilitate

the long-term protection, conservation, and enhancement of the

segment designated by such section 3 and the implementation of

the Plan.

(2) The Secretary may provide technical assistance, staff support, and funding to assist in the implementation of the Plan.

(3) Implementation of this Act through cooperative agreements

as described in paragraph (2) of this subsection shall not constitute

National Park Service administration of the segment designated

by section 3 for purposes of section 10(c) of the Wild and Scenic

Rivers Act, and shall not cause such segment to be considered

as being a unit of the National Park System.

(c) WATER RESOURCES PROJECTS.—(1) In determining whether

a proposed water resources project would have a direct and adverse

effect on the values for which the segment designated by section

3 was included in the National Wild and Scenic Rivers System,

the Secretary shall specifically consider the extent to which the

project is consistent with the Plan.

(2) For purposes of implementation of section 7 of the Wild

and Scenic Rivers Act, the Plan, including the detailed analysis

of instream flow needs incorporated therein and such additional

analysis as may be incorporated in the future, shall serve as the

primary source of information regarding the flows needed to maintain instream resources and the potential compatibility between

resource protection and possible water supply withdrawals.

(d) LAND MANAGEMENT.—The zoning ordinances duly adopted

by the towns of Hartland, Barkhamsted, New Hartford, and Canton,

Connecticut, including the ‘‘river protection overlay districts’’ in

effect on the date of enactment of this Act, shall be deemed to

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

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

shall be deemed ‘‘villages’’ and the provisions of that section, which

prohibit Federal acquisition of lands by condemnation, shall apply

to the segment designated by section 3.

SEC. 5. DEFINITIONS.

For the purposes of this Act:

(1) The term ‘‘Committee’’ means the Farmington River

Coordinating Committee referred to in section 4.

(2) The term ‘‘Plan’’ means the comprehensive management

plan for the Connecticut segment of the Farmington River

prepared by the Farmington River Study Committee and the

National Park Service, which is known as the ‘‘Upper Farmington River Management Plan’’ and dated April 29, 1993.

(3) The term ‘‘Secretary’’ means the Secretary of the

Interior.
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SEC. 6. FUNDING AUTHORIZATION.

There are authorized to be appropriated such sums as may

be necessary to carry out the purposes of this Act, including

the amendment to the Wild and Scenic Rivers Act made by

section 3.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.