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 Connecti-
cut as a component of the National Wild and Scenic
Rivers System.
Be it enacted by the Senate and House of Representa-
tives 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 Na-
tional Wild and Scenic Rivers System, and created
the Farmington River Study Committee, consisting
of representatives from the 2 States, the towns bor-
dering 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 sce-
nic river designation through town meeting actions
endorsing designation; in addition, the 4 abutting
towns have demonstrated their commitment to pro-
tect the river through the adoption of ‘‘river protec-
tion overlay districts’’, which establish a uniform set-
back for new structures, new septic systems, sand
and gravel extraction, and vegetation removal along
the entire length of the Connecticut segment;
(4) during the study, the Farmington River
Study Committee 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 es-
tablishes 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 man-
agement of affected lands not owned by the United
States;
(5) the Farmington River Study Committee
voted unanimously 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 Sys-
tem 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 Massachu-
setts segment; and
(6) the Colebrook Dam and Goodwin Dam hy-
droelectric projects are located outside the river seg-
ment designated by section 3, and the study of the
Farmington River pursuant to Public Law 99–590
determined that continuation of existing operations
of these projects as presently configured, together
with associated transmission lines and other existing
project works, is not incompatible with the designa-
tion made by section 3 and will not unreasonably di-
minish the scenic, recreational, and fish and wildlife
values of the segment designated by such section as
of the date of enactment of this Act; therefore, sec-
tion 7(a) of the Wild and Scenic Rivers Act will not
preclude the Federal Energy Regulatory Commission
from licensing or relicensing (or exempting from li-
censing) the continued operations of such projects as
presently configured or with changes in configura-
tion that the Secretary determines would be consist-
ent with the Wild and Scenic Rivers Act and the
Plan.
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 Hydro-
electric Project in Hartland, Connecticut, to the down-
stream 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 agree-
ments 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 Sec-
retary 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 shall appoint a per-
son to represent the Secretary on the Farmington River
Coordinating Committee provided for in the Plan.
(b) FEDERAL ROLE.—(1) The Director shall rep-
resent the Secretary in the implementation of the Plan
and the provisions of this Act with respect to the segment
designated by section 3, including ongoing review of the
consistency of the Plan with the Wild and Scenic Rivers
Act and the review of proposed federally assisted water
resources projects which could have a direct and adverse
effect on the values for which the segment was established,
as authorized under section 7(a) of the Wild and Scenic
Rivers Act.
(2) In order to provide for the long-term protection,
preservation, and enhancement of the river segment des-
ignated by section 3, the Secretary, pursuant to section
10(e) of the Wild and Scenic Rivers Act, shall offer to
enter into cooperative agreements with the State of Con-
necticut 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 Sec-
retary, 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 agree-
ments provided for in this Act shall be consistent with the
Plan, and may include provisions for financial or other as-
sistance 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.
(3) The Secretary may provide technical assistance,
staff support, and funding to assist in the implementation
of the Plan.
(4) Implementation of this Act through cooperative
agreements as described in paragraph (2) of this sub-
section shall not constitute National Park Service adminis-
tration of the segment designated by section 3 for pur-
poses 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 deter-
mining 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 Director
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 incor-
porated in the future, shall serve as the primary source