I

103D CONGRESS

1ST SESSION H. R. 2815

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

component of the National Wild and Scenic Rivers System.

IN THE HOUSE OF REPRESENTATIVES

JULY 30, 1993

Mrs. JOHNSON of Connecticut (for herself, Mrs. KENNELLY, Mr. GEJDENSON,

Ms. DELAURO, Mr. SHAYS, and Mr. FRANKS of Connecticut) introduced

the following bill; which was referred to the Committee on Natural Resources

A BILL

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’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

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

9 2 segments of the West Branch of the Farmington
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1 River, including an 11-mile headwater segment in

2 Massachusetts and the uppermost 14-mile segment

3 in Connecticut, for potential inclusion in the Wild

4 and Scenic Rivers System, and created the Farming5 ton River Study Committee, consisting of represent6 atives from the 2 States, the towns bordering the 2

7 segments, and other river interests, to advise the

8 Secretary of the Interior in conducting the study

9 and concerning management alternatives should the

10 river be included in the Wild and Scenic Rivers Sys11 tem;

12 (2) the study determined that both segments of

13 the river are eligible for inclusion in the Wild and

14 Scenic Rivers System based upon their free-flowing

15 condition and outstanding fisheries, recreation, wild16 life, and historic values;

17 (3) the towns that directly abut the Connecticut

18 segment (Hartland, Barkhamsted, New Hartford,

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

20 which abuts the segment’s major tributary, have

21 demonstrated their desire for national wild and sce22 nic river designation through town meeting actions

23 endorsing designation; in addition, the 4 abutting

24 towns have demonstrated their commitment to pro25 tect the river through the adoption of ‘‘river protec-
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1 tion overlay districts,’’ which establish a uniform set2 back for new structures, new septic systems, sand

3 and gravel extraction, and vegetation removal along

4 the entire length of the Connecticut segment;

5 (4) during the study, the Farmington River

6 Study Committee and the National Park Service

7 prepared a comprehensive management plan for the

8 Connecticut segment (the ‘‘Upper Farmington River

9 Management Plan’’, dated April 29, 1993) which es10 tablishes objectives, standards, and action programs

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

12 outstanding values and compatible management of

13 its land and water resources; and

14 (5) the Farmington River Study Committee

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

16 Plan and to recommend that Congress include the

17 Connecticut segment in the Wild and Scenic Rivers

18 System in accordance with the spirit and provisions

19 of the Upper Farmington River Management Plan,

20 and to recommend that, in the absence of town votes

21 supporting designation, no action be taken regarding

22 wild and scenic river designation of the Massachu23 setts segment.
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1 SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DES2 IGNATION.

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

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

5 paragraph at the end thereof:

6 ‘‘( ) FARMINGTON RIVER, CONNECTICUT.—(A) DES7 IGNATION AND MANAGEMENT.—The 14-mile segment of

8 the West Branch and mainstem extending from imme9 diately below the Goodwin Dam and Hydroelectric Project

10 in Hartland, Connecticut, to the downstream end of the

11 New Hartford-Canton, Connecticut, town line (hereinafter

12 in this paragraph referred to as the ‘segment’), to be ad13 ministered by the Secretary of the Interior in cooperation

14 with the Farmington River Coordinating Committee es15 tablished under paragraph (B) as a recreational river. The

16 segment shall be managed in accordance with the Upper

17 Farmington River Management Plan, dated April 29,

18 1993, adopted on April 29, 1993 by the Farmington River

19 Study Committee (hereinafter in this paragraph referred

20 to as the ‘Plan’). The Plan shall be deemed to satisfy the

21 requirement for a comprehensive management plan pursu22 ant to section 3(d) of this Act.

23 ‘‘(B) MANAGEMENT COMMITTEE.—To assist in the

24 long-term protection of the segment and the implementa25 tion of this paragraph and the Plan, a Farmington River

26 Coordinating Committee (hereinafter in this paragraph re-
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1 ferred to as the ‘Committee’) shall be established within

2 90 days after the date of enactment of this paragraph.

3 The membership, functions, responsibilities, and adminis4 trative procedures of the Committee shall be as set forth

5 in the Plan. The Committee shall not be a Federal advi6 sory committee, and shall not be subject to the provisions

7 of the Federal Advisory Committee Act (Act of October

8 6, 1972; 86 Stat. 776; 5 U.S.C. App.).

9 ‘‘(C) FEDERAL ROLE.—(i) The Director of the Na10 tional Park Service (hereinafter in this paragraph referred

11 to as the ‘Director’) shall represent the Secretary in the

12 implementation of the Plan and the provisions of this Act

13 with respect to the segment designated by this paragraph,

14 including the review of proposed federally assisted water

15 resources projects which could have a direct and adverse

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

17 as authorized under section 7(a) of this Act.

18 ‘‘(ii) Pursuant to section 10(e) and section 11(b)(1)

19 of this Act, the Director may enter into cooperative agree20 ments with the State of Connecticut, the towns of

21 Colebrook, Hartland, Barkhamsted, New Hartford, and

22 Canton, Connecticut, and the Committee. Such coopera23 tive agreements shall be consistent with the Plan and may

24 include provisions for financial or other assistance from
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1 the United States to facilitate the long-term protection,

2 conservation, and enhancement of the segment.

3 ‘‘(iii) The Director may provide technical assistance,

4 staff support, and funding to assist in the implementation

5 of the Plan.

6 ‘‘(iv) Notwithstanding the provisions of section 10(c)

7 of this Act, no portion of the segment designated by this

8 paragraph shall become a part of the National Park Sys9 tem nor shall it be subject to regulations which govern

10 the National Park System.

11 ‘‘(D) WATER RESOURCES PROJECTS.—(i) In deter12 mining whether a proposed water resources project would

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

14 the segment designated by this paragraph was included

15 in the national wild and scenic rivers system, the Secretary

16 shall specifically consider the extent to which the project

17 is consistent with the Plan.

18 ‘‘(ii) Congress finds that the existing operation of the

19 Colebrook Dam and Goodwin Dam hydroelectric facilities,

20 together with associated transmission lines and other ex21 isting project works, pursuant to licenses or exemptions

22 currently granted them under the Federal Power Act (41

23 Stat. 1063; 16 U.S.C. 791a et seq.), is not incompatible

24 with the designation of the segment referred to in sub25 paragraph (A) as a component of the national wild and
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1 scenic rivers system, and will not have a direct and adverse

2 effect on, nor unreasonably diminish, the values for which

3 the segment was established. Notwithstanding anything in

4 this Act to the contrary, the designation of the river shall

5 not affect the ability of the Federal Energy Regulatory

6 Commission to license or relicense (including exempting

7 from licensing) the continued operation of the Colebrook

8 Dam and Goodwin Dam hydroelectric projects, together

9 with associated transmission lines and other project

10 works, provided that such operation is consistent with the

11 Plan.

12 ‘‘(iii) Notwithstanding anything in this Act to the

13 contrary, inclusion of the segment designated by this para14 graph in the Wild and Scenic Rivers System shall not im15 pair the continued operation of the Colebrook Dam and

16 Reservoir by the United States Army Corps of Engineers

17 for the purpose of flood control.

18 ‘‘(iv) The Plan, including the detailed analysis of

19 instream flow needs incorporated therein and such addi20 tional analysis as may be incorporated in the future, shall

21 serve as the primary source of information regarding the

22 flows needed to maintain instream resources and the po23 tential compatibility between resource protection and pos24 sible water supply withdrawals.
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1 ‘‘(E) LAND MANAGEMENT.—(i) The zoning ordi2 nances duly adopted by the towns of Hartland,

3 Barkhamsted, New Hartford, and Canton, Connecticut,

4 including the ‘river protection overlay districts’ in effect

5 on the date of enactment of this paragraph, satisfy the

6 standards and requirements of section 6(c) of this Act.

7 For the purpose of section 6(c), such towns shall be

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

9 prohibit Federal acquisition of lands by condemnation,

10 shall apply.

11 ‘‘(ii) Nothing in this paragraph or this Act shall au12 thorize management by the United States Government of

13 lands which are not owned by the United States Govern14 ment. All lands along the segment and its tributaries shall

15 be managed by the owners of such land.

16 ‘‘(iii) The United States Government shall not ac17 quire land along the segment or its tributaries for the pur18 poses of wild and scenic river designation. Nothing in this

19 paragraph or this Act shall prohibit Federal acquisition

20 of land along the segment for other purposes, or the use

21 of Federal funds administered by State or local govern22 ments to acquire land along the segment.

23 ‘‘(F) MISCELLANEOUS.—Notwithstanding anything

24 in section 3(b) of this Act to the contrary, no distinct lat25 eral boundary shall be established for the segment of the
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1 river designated by this paragraph, as set forth in the

2 Plan.

3 ‘‘(G) FUNDING.—There are authorized to be appro4 priated such sums as may be necessary to carry out the

5 purposes of this paragraph.’’.

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