[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2815 Introduced in House (IH)]

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 Resources

_______________________________________________________________________

                                 A BILL


 
  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 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 Wild and Scenic Rivers System;
            (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, 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; 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 Massachusetts segment.

SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER 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.--(A) Designation and 
Management.--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'), to be administered by the Secretary of 
the Interior in cooperation with the Farmington River Coordinating 
Committee established under paragraph (B) as a recreational river. The 
segment shall be managed in accordance with the Upper Farmington River 
Management Plan, dated April 29, 1993, adopted on April 29, 1993 by the 
Farmington River Study Committee (hereinafter in this paragraph 
referred to as the `Plan'). The Plan shall be deemed to satisfy the 
requirement for a comprehensive management plan pursuant to section 
3(d) of this Act.
    ``(B) Management Committee.--To assist in the long-term protection 
of the segment and the implementation of this paragraph and the Plan, a 
Farmington River Coordinating Committee (hereinafter in this paragraph 
referred to as the `Committee') shall be established within 90 days 
after the date of enactment of this paragraph. The membership, 
functions, responsibilities, and administrative procedures of the 
Committee shall be as set forth in the Plan. The Committee shall not be 
a Federal advisory 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 National 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 agreements with the State of 
Connecticut, the towns of Colebrook, Hartland, Barkhamsted, New 
Hartford, and Canton, Connecticut, and the Committee. Such cooperative 
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 System nor shall it be subject to regulations 
which govern the National Park System.
    ``(D) Water Resources Projects.--(i) In determining 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 existing 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 subparagraph (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 paragraph in the Wild and 
Scenic Rivers System shall not impair 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 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.
    ``(E) Land Management.--(i) 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 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 authorize 
management by the United States Government of lands which are not owned 
by the United States Government. All lands along the segment and its 
tributaries shall be managed by the owners of such land.
    ``(iii) The United States Government shall not acquire land along 
the segment or its tributaries for the purposes 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 governments to 
acquire land along the segment.
    ``(F) Miscellaneous.--Notwithstanding anything in section 3(b) of 
this Act to the contrary, no distinct lateral 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 appropriated such sums 
as may be necessary to carry out the purposes of this paragraph.''.

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