[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1332 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1332

  To designate a portion of the Farmington River in Connecticut as a 
component of the national wild and scenic rivers system, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 30 (legislative day, June 30), 1993

Mr. Lieberman (for himself and Mr. Dodd) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           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, and for other 
                               purposes.

    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.

    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 major tributary of the 
        segment, have demonstrated their desire for national wild and 
        scenic river designation through town meeting actions endorsing 
        designation;
            (4) 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;
            (5) 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 outstanding values of 
        the river and compatible management of the land and water 
        resources of the river; and
            (6) 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 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 at the end the following new paragraph:
    ``(  ) 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 (referred to in this paragraph 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 
        (referred to in this paragraph 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.--Not later than 90 days after 
        the date of enactment of this paragraph, there shall be 
        established a Farmington River Coordinating Committee to assist 
        in the long-term protection of the segment and the 
        implementation of this paragraph and the Plan. 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 
        (5 U.S.C. App.).
            ``(C) Federal role.--(i) The Director of the National Park 
        Service (referred to in this paragraph 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 that 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 sections 10(e) and 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 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 that 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 granted under 
        the Federal Power Act (16 U.S.C. 791a et seq.) and in effect on 
        the date of enactment of this paragraph, 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 any provision 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 if such operation is consistent with the Plan.
            ``(iii) Notwithstanding any provision 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 in the Plan 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 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 Act shall authorize management by 
        the Federal Government of lands that are not owned by the 
        Federal Government. All lands along the segment and its 
        tributaries shall be managed by the owners of the land.
            ``(iii) The Federal Government shall not acquire land along 
        the segment or its tributaries for the purposes of wild and 
        scenic river designation. Nothing in 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 agencies to acquire land along the segment.
            ``(F) Miscellaneous.--Notwithstanding section 3(b), no 
        distinct lateral boundary shall be established for the segment 
        of the river designated by this paragraph, as set forth in the 
        Plan.
            ``(G) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this paragraph.''.

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