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 upper-
most 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 represent-
atives 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 alter-
natives 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 estab-
lish 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 provi-
sions 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 sec-
tion 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 manage-
ment 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 Farming-
ton River Coordinating Committee provided for in the plan.
(b) FEDERAL.—(1) In order to provide for the long-term protec-
tion, preservation, and enhancement of the river segment des-
ignated 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 sup-
port, 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 main-
tain 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 Farming-
ton 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.