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 Re-
sources
A BILL
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 Wild
and Scenic Rivers System, and created the Farming-
ton 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 alternatives should the
river be included in the Wild and Scenic Rivers Sys-
tem;
(2) the study determined that both segments of
the river are eligible for inclusion in the Wild and
Scenic Rivers System based upon their free-flowing
condition and outstanding fisheries, recreation, wild-
life, 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; and
(5) the Farmington River Study Committee
voted unanimously on April 29, 1993, to adopt the
Plan and to recommend that Congress include the
Connecticut segment in the Wild and Scenic Rivers
System 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.
ferred to as the ‘Committee’) shall be established within
90 days after the date of enactment of this paragraph.
The membership, functions, responsibilities, and adminis-
trative procedures of the Committee shall be as set forth
in the Plan. The Committee shall not be a Federal advi-
sory committee, and shall not be subject to the provisions
of the Federal Advisory Committee Act (Act of October
6, 1972; 86 Stat. 776; 5 U.S.C. App.).
‘‘(C) FEDERAL ROLE.—(i) The Director of the Na-
tional Park Service (hereinafter in this paragraph referred
to as the ‘Director’) shall represent the Secretary in the
implementation of the Plan and the provisions of this Act
with respect to the segment designated by this paragraph,
including 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 this Act.
‘‘(ii) Pursuant to section 10(e) and section 11(b)(1)
of this Act, the Director may enter into cooperative agree-
ments with the State of Connecticut, the towns of
Colebrook, Hartland, Barkhamsted, New Hartford, and
Canton, Connecticut, and the Committee. Such coopera-
tive agreements 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.
‘‘(iii) The Director may provide technical assistance,
staff support, and funding to assist in the implementation
of the Plan.
‘‘(iv) Notwithstanding the provisions of section 10(c)
of this Act, no portion of the segment designated by this
paragraph shall become a part of the National Park Sys-
tem nor shall it be subject to regulations which govern
the National Park System.
‘‘(D) WATER RESOURCES PROJECTS.—(i) 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 this paragraph 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.
‘‘(ii) Congress finds that the existing operation of the
Colebrook Dam and Goodwin Dam hydroelectric facilities,
together with associated transmission lines and other ex-
isting project works, pursuant to licenses or exemptions
currently granted them under the Federal Power Act (41
Stat. 1063; 16 U.S.C. 791a et seq.), is not incompatible
with the designation of the segment referred to in sub-
paragraph (A) as a component of the national wild and
scenic rivers system, and will not have a direct and adverse
effect on, nor unreasonably diminish, the values for which
the segment was established. Notwithstanding anything in
this Act to the contrary, the designation of the river shall
not affect the ability of the Federal Energy Regulatory
Commission to license or relicense (including exempting
from licensing) the continued operation of the Colebrook
Dam and Goodwin Dam hydroelectric projects, together
with associated transmission lines and other project
works, provided that such operation is consistent with the
Plan.
‘‘(iii) Notwithstanding anything in this Act to the
contrary, inclusion of the segment designated by this para-
graph in the Wild and Scenic Rivers System shall not im-
pair the continued operation of the Colebrook Dam and
Reservoir by the United States Army Corps of Engineers
for the purpose of flood control.
‘‘(iv) The Plan, including the detailed analysis of
instream flow needs incorporated therein and such addi-
tional analysis as may be incorporated in the future, shall
serve as the primary source of information regarding the
flows needed to maintain instream resources and the po-
tential compatibility between resource protection and pos-
sible water supply withdrawals.
‘‘(E) LAND MANAGEMENT.—(i) The zoning ordi-
nances 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 paragraph, satisfy the
standards and requirements of section 6(c) of this 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.
‘‘(ii) Nothing in this paragraph or this Act shall au-
thorize management by the United States Government of
lands which are not owned by the United States Govern-
ment. All lands along the segment and its tributaries shall
be managed by the owners of such land.
‘‘(iii) The United States Government shall not ac-
quire land along the segment or its tributaries for the pur-
poses of wild and scenic river designation. Nothing in this
paragraph or this Act shall prohibit Federal acquisition
of land along the segment for other purposes, or the use
of Federal funds administered by State or local govern-
ments to acquire land along the segment.
‘‘(F) MISCELLANEOUS.—Notwithstanding anything
in section 3(b) of this Act to the contrary, no distinct lat-
eral boundary shall be established for the segment of the
river designated by this paragraph, as set forth in the
Plan.
‘‘(G) FUNDING.—There are authorized to be appro-
priated such sums as may be necessary to carry out the
purposes of this paragraph.’’.
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