IIA
Calendar No. 449
103D CONGRESS
2D SESSION
H. R. 2815
[Report No. 103–278]
To designate a portion of the Farmington River in Connecticut as a
component of the National Wild and Scenic Rivers System.
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
MAY 25 (legislative day, MAY 16), 1994
Reported by Mr. JOHNSTON, with amendments
[Omit the part struck through and insert the part printed in italic]
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.
(6) the Colebrook Dam and Goodwin Dam hy-
droelectric projects are located outside the river seg-
ment 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, rec-
reational, and fish and wildlife values of the segnment
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 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