[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2815 Enrolled Bill (ENR)]

        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 uppermost 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 representatives 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 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 establish a uniform setback 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 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 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 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 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 management 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 Farmington River 
Coordinating Committee provided for in the plan.
    (b) Federal.--(1) In order to provide for the long-term protection, 
preservation, and enhancement of the river segment designated 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 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 support, 
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 maintain 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 Farmington River Management Plan'' 
    and dated April 29, 1993.
        (3) The term ``Secretary'' means the Secretary of the Interior.

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.