[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2815 Reported in Senate (RS)]

                                                       Calendar No. 449

103d CONGRESS

  2d Session

                               H. R. 2815

                          [Report No. 103-278]

_______________________________________________________________________

                                 AN ACT

  To designate a portion of the Farmington River in Connecticut as a 
        component of the National Wild and Scenic Rivers System.

_______________________________________________________________________

                 May 25 (legislative day, May 16) 1994

                         Report with amendment





                                                       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 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-) -t-h-e -C-o-l-e-b-r-o-o-k -D-a-m -a-n-d 
        -G-o-o-d-w-i-n -D-a-m -h-y-d-r-o-e-l-e-c-t-r-i-c 
        -p-r-o-j-e-c-t-s -a-r-e -l-o-c-a-t-e-d -o-u-t-s-i-d-e -t-h-e 
        -r-i-v-e-r -s-e-g-m-e-n-t -d-e-s-i-g-n-a-t-e-d -b-y 
        -s-e-c-t-i-o-n -3-, -a-n-d -t-h-e -s-t-u-d-y -o-f -t-h-e 
        -F-a-r-m-i-n-g-t-o-n -R-i-v-e-r -p-u-r-s-u-a-n-t -t-o 
        -P-u-b-l-i-c -L-a-w -9-9---5-9-0 -d-e-t-e-r-m-i-n-e-d -t-h-a-t 
        -c-o-n-t-i-n-u-a-t-i-o-n -o-f -e-x-i-s-t-i-n-g 
        -o-p-e-r-a-t-i-o-n-s -o-f -t-h-e-s-e -p-r-o-j-e-c-t-s -a-s 
        -p-r-e-s-e-n-t-l-y -c-o-n-f-i-g-u-r-e-d-, -t-o-g-e-t-h-e-r 
        -w-i-t-h -a-s-s-o-c-i-a-t-e-d -t-r-a-n-s-m-i-s-s-i-o-n 
        -l-i-n-e-s -a-n-d -o-t-h-e-r -e-x-i-s-t-i-n-g -p-r-o-j-e-c-t 
        -w-o-r-k-s-, -i-s -n-o-t -i-n-c-o-m-p-a-t-i-b-l-e -w-i-t-h 
        -t-h-e -d-e-s-i-g-n-a-t-i-o-n -m-a-d-e -b-y -s-e-c-t-i-o-n -3 
        -a-n-d -w-i-l-l -n-o-t -u-n-r-e-a-s-o-n-a-b-l-y 
        -d-i-m-i-n-i-s-h -t-h-e -s-c-e-n-i-c-, 
        -r-e-c-r-e-a-t-i-o-n-a-l-, -a-n-d -f-i-s-h -a-n-d 
        -w-i-l-d-l-i-f-e -v-a-l-u-e-s -o-f -t-h-e -s-e-g-m-e-n-t 
        -d-e-s-i-g-n-a-t-e-d -b-y -s-u-c-h -s-e-c-t-i-o-n -a-s -o-f 
        -t-h-e -d-a-t-e -o-f -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -A-c-t-; 
        -t-h-e-r-e-f-o-r-e-, -s-e-c-t-i-o-n -7-(-a-) -o-f -t-h-e 
        -W-i-l-d -a-n-d -S-c-e-n-i-c -R-i-v-e-r-s -A-c-t -w-i-l-l 
        -n-o-t -p-r-e-c-l-u-d-e -t-h-e -F-e-d-e-r-a-l -E-n-e-r-g-y 
        -R-e-g-u-l-a-t-o-r-y -C-o-m-m-i-s-s-i-o-n -f-r-o-m 
        -l-i-c-e-n-s-i-n-g -o-r -r-e-l-i-c-e-n-s-i-n-g -(-o-r 
        -e-x-e-m-p-t-i-n-g -f-r-o-m -l-i-c-e-n-s-i-n-g-) -t-h-e 
        -c-o-n-t-i-n-u-e-d -o-p-e-r-a-t-i-o-n-s -o-f -s-u-c-h 
        -p-r-o-j-e-c-t-s -a-s -p-r-e-s-e-n-t-l-y -c-o-n-f-i-g-u-r-e-d 
        -o-r -w-i-t-h -c-h-a-n-g-e-s -i-n -c-o-n-f-i-g-u-r-a-t-i-o-n 
        -t-h-a-t -t-h-e -S-e-c-r-e-t-a-r-y -d-e-t-e-r-m-i-n-e-s 
        -w-o-u-l-d -b-e -c-o-n-s-i-s-t-e-n-t -w-i-t-h -t-h-e -W-i-l-d 
        -a-n-d -S-c-e-n-i-c -R-i-v-e-r-s -A-c-t -a-n-d -t-h-e 
        -P-l-a-n-.
            (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 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 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 
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 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-) -C-o-m-m-i-t-t-e-e-.----T-h-e -D-i-r-e-c-t-o-r -s-h-a-l-l 
-a-p-p-o-i-n-t -a -p-e-r-s-o-n -t-o -r-e-p-r-e-s-e-n-t -t-h-e 
-S-e-c-r-e-t-a-r-y -o-n -t-h-e -F-a-r-m-i-n-g-t-o-n -R-i-v-e-r 
-C-o-o-r-d-i-n-a-t-i-n-g -C-o-m-m-i-t-t-e-e -p-r-o-v-i-d-e-d -f-o-r 
-i-n -t-h-e -P-l-a-n-.
    (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 Role.---(-1-) -T-h-e -D-i-r-e-c-t-o-r -s-h-a-l-l 
-r-e-p-r-e-s-e-n-t -t-h-e -S-e-c-r-e-t-a-r-y -i-n -t-h-e 
-i-m-p-l-e-m-e-n-t-a-t-i-o-n -o-f -t-h-e -P-l-a-n -a-n-d -t-h-e 
-p-r-o-v-i-s-i-o-n-s -o-f -t-h-i-s -A-c-t -w-i-t-h -r-e-s-p-e-c-t -t-o 
-t-h-e -s-e-g-m-e-n-t -d-e-s-i-g-n-a-t-e-d -b-y -s-e-c-t-i-o-n -3-, 
-i-n-c-l-u-d-i-n-g -o-n-g-o-i-n-g -r-e-v-i-e-w -o-f -t-h-e 
-c-o-n-s-i-s-t-e-n-c-y -o-f -t-h-e -P-l-a-n -w-i-t-h -t-h-e -W-i-l-d 
-a-n-d -S-c-e-n-i-c -R-i-v-e-r-s -A-c-t -a-n-d -t-h-e -r-e-v-i-e-w -o-f 
-p-r-o-p-o-s-e-d -f-e-d-e-r-a-l-l-y -a-s-s-i-s-t-e-d -w-a-t-e-r 
-r-e-s-o-u-r-c-e-s -p-r-o-j-e-c-t-s -w-h-i-c-h -c-o-u-l-d -h-a-v-e -a 
-d-i-r-e-c-t -a-n-d -a-d-v-e-r-s-e -e-f-f-e-c-t -o-n -t-h-e 
-v-a-l-u-e-s -f-o-r -w-h-i-c-h -t-h-e -s-e-g-m-e-n-t -w-a-s 
-e-s-t-a-b-l-i-s-h-e-d-, -a-s -a-u-t-h-o-r-i-z-e-d -u-n-d-e-r 
-s-e-c-t-i-o-n -7-(-a-) -o-f -t-h-e -W-i-l-d -a-n-d -S-c-e-n-i-c 
-R-i-v-e-r-s -A-c-t-. -(-2-) (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.
     -(-3-) (2) The Secretary may provide technical assistance, staff 
support, and funding to assist in the implementation of the Plan.
    -(-4-) (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 
-D-i-r-e-c-t-o-r 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-) -T-h-e -t-e-r-m -`-`-D-i-r-e-c-t-o-r-'-' -m-e-a-n-s 
        -t-h-e -D-i-r-e-c-t-o-r -o-f -t-h-e -N-a-t-i-o-n-a-l -P-a-r-k 
        -S-e-r-v-i-c-e-.
            -(-3-) (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.
            -(-4-) (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.

            Passed the House of Representatives March 15, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.