IIA

103D CONGRESS

2D SESSION H. R. 2815

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

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’’.

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

10 River, including an 11-mile headwater segment in

11 Massachusetts and the uppermost 14-mile segment
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1 in Connecticut, for potential inclusion in the Na2 tional Wild and Scenic Rivers System, and created

3 the Farmington River Study Committee, consisting

4 of representatives from the 2 States, the towns bor5 dering the 2 segments, and other river interests, to

6 advise the Secretary of the Interior in conducting

7 the study and concerning management alternatives

8 should the river be included in the National Wild

9 and Scenic Rivers System;

10 (2) the study determined that both segments of

11 the river are eligible for inclusion in the National

12 Wild and Scenic Rivers System based upon their

13 free-flowing condition and outstanding fisheries,

14 recreation, wildlife, and historic values;

15 (3) the towns that directly abut the Connecticut

16 segment (Hartland, Barkhamsted, New Hartford,

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

18 which abuts the segment’s major tributary, have

19 demonstrated their desire for national wild and sce20 nic river designation through town meeting actions

21 endorsing designation; in addition, the 4 abutting

22 towns have demonstrated their commitment to pro23 tect the river through the adoption of ‘‘river protec24 tion overlay districts’’, which establish a uniform set25 back for new structures, new septic systems, sand
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1 and gravel extraction, and vegetation removal along

2 the entire length of the Connecticut segment;

3 (4) during the study, the Farmington River

4 Study Committee and the National Park Service

5 prepared a comprehensive management plan for the

6 Connecticut segment (the ‘‘Upper Farmington River

7 Management Plan’’, dated April 29, 1993) which es8 tablishes objectives, standards, and action programs

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

10 outstanding values and compatible management of

11 its land and water resources, without Federal man12 agement of affected lands not owned by the United

13 States;

14 (5) the Farmington River Study Committee

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

16 Upper Farmington River Management Plan and to

17 recommend that Congress include the Connecticut

18 segment in the National Wild and Scenic Rivers Sys19 tem in accordance with the spirit and provisions of

20 the Upper Farmington River Management Plan, and

21 to recommend that, in the absence of town votes

22 supporting designation, no action be taken regarding

23 wild and scenic river designation of the Massachu24 setts segment; and
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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 the study of the

4 Farmington River pursuant to Public Law 99–590

5 determined that continuation of existing operations

6 of these projects as presently configured, together

7 with associated transmission lines and other existing

8 project works, is not incompatible with the designa9 tion made by section 3 and will not unreasonably di10 minish the scenic, recreational, and fish and wildlife

11 values of the segment designated by such section as

12 of the date of enactment of this Act; therefore, sec13 tion 7(a) of the Wild and Scenic Rivers Act will not

14 preclude the Federal Energy Regulatory Commission

15 from licensing or relicensing (or exempting from li16 censing) the continued operations of such projects as

17 presently configured or with changes in configura18 tion that the Secretary determines would be consist19 ent with the Wild and Scenic Rivers Act and the

20 Plan.

21 SEC. 3. DESIGNATION.

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

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

24 paragraph at the end thereof:
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1 ‘‘( ) FARMINGTON RIVER, CONNECTICUT.—The 14-

2 mile segment of the West Branch and mainstem extending

3 from immediately below the Goodwin Dam and Hydro4 electric Project in Hartland, Connecticut, to the down5 stream end of the New Hartford-Canton, Connecticut,

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

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

8 the Secretary of the Interior through cooperative agree9 ments between the Secretary of the Interior and the State

10 of Connecticut and its relevant political subdivisions,

11 namely the Towns of Colebrook, Hartland, Barkhamsted,

12 New Hartford, and Canton and the Hartford Metropolitan

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

14 Act. The segment shall be managed in accordance with

15 the Upper Farmington River Management Plan, dated

16 April 29, 1993, and such amendments thereto as the Sec17 retary of the Interior determines are consistent with this

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

19 for a comprehensive management plan pursuant to section

20 3(d) of this Act.’’.

21 SEC. 4. MANAGEMENT.

22 (a) COMMITTEE.—The Director shall appoint a per23 son to represent the Secretary on the Farmington River

24 Coordinating Committee provided for in the Plan.
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1 (b) FEDERAL ROLE.—(1) The Director shall rep2 resent the Secretary in the implementation of the Plan

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

4 designated by section 3, including ongoing review of the

5 consistency of the Plan with the Wild and Scenic Rivers

6 Act and the review of proposed federally assisted water

7 resources projects which could have a direct and adverse

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

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

10 Rivers Act.

11 (2) In order to provide for the long-term protection,

12 preservation, and enhancement of the river segment des13 ignated by section 3, the Secretary, pursuant to section

14 10(e) of the Wild and Scenic Rivers Act, shall offer to

15 enter into cooperative agreements with the State of Con16 necticut and its relevant political subdivisions identified in

17 the amendment made by such section 3 and, pursuant to

18 section 11(b)(1) of such Act, shall make a similar offer

19 to the Farmington River Watershed Association. The Sec20 retary, pursuant to such section 11(b)(1), also may enter

21 into cooperative agreements with other parties who may

22 be represented on the Committee. All cooperative agree23 ments provided for in this Act shall be consistent with the

24 Plan, and may include provisions for financial or other as25 sistance from the United States to facilitate the long-term
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1 protection, conservation, and enhancement of the segment

2 designated by such section 3 and the implementation of

3 the Plan.

4 (3) The Secretary may provide technical assistance,

5 staff support, and funding to assist in the implementation

6 of the Plan.

7 (4) Implementation of this Act through cooperative

8 agreements as described in paragraph (2) of this sub9 section shall not constitute National Park Service adminis10 tration of the segment designated by section 3 for pur11 poses of section 10(c) of the Wild and Scenic Rivers Act,

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

13 a unit of the National Park System.

14 (c) WATER RESOURCES PROJECTS.—(1) In deter15 mining whether a proposed water resources project would

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

17 the segment designated by section 3 was included in the

18 National Wild and Scenic Rivers System, the Director

19 shall specifically consider the extent to which the project

20 is consistent with the Plan.

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

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

23 detailed analysis of instream flow needs incorporated

24 therein and such additional analysis as may be incor25 porated in the future, shall serve as the primary source
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1 of information regarding the flows needed to maintain

2 instream resources and the potential compatibility between

3 resource protection and possible water supply withdrawals.

4 (d) LAND MANAGEMENT.—The zoning ordinances

5 duly adopted by the towns of Hartland, Barkhamsted,

6 New Hartford, and Canton, Connecticut, including the

7 ‘‘river protection overlay districts’’ in effect on the date

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

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

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

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

12 of that section, which prohibit Federal acquisition of lands

13 by condemnation, shall apply to the segment designated

14 by section 3.

15 SEC. 5. DEFINITIONS.

16 For the purposes of this Act:

17 (1) The term ‘‘Committee’’ means the Farming18 ton River Coordinating Committee referred to in sec19 tion 4.

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

21 the National Park Service.

22 (3) The term ‘‘Plan’’ means the comprehensive

23 management plan for the Connecticut segment of

24 the Farmington River prepared by the Farmington

25 River Study Committee and the National Park Serv-
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1 ice, which is known as the ‘‘Upper Farmington River

2 Management Plan’’ and dated April 29, 1993.

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

4 of the Interior.

5 SEC. 6. FUNDING AUTHORIZATION.

6 There are authorized to be appropriated such sums

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

8 including the amendment to the Wild and Scenic Rivers

9 Act made by section 3.

Passed the House of Representatives March 15,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.