[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3723 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3723

 To amend the Wild and Scenic Rivers Act to designate certain segments 
of the Eightmile River in the State of Connecticut as components of the 
    National Wild and Scenic Rivers System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2006

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Wild and Scenic Rivers Act to designate certain segments 
of the Eightmile River in the State of Connecticut as components 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 ``Eightmile Wild and Scenic River 
Act''.

SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER, 
              CONNECTICUT.

    (a) Findings.--Congress finds that--
            (1) the Eightmile River Wild and Scenic River Study Act of 
        2001 (Public Law 107-65; 115 Stat. 484) required the Secretary 
        to complete a study of the Eightmile River in the State of 
        Connecticut from its headwaters downstream to its confluence 
        with the Connecticut River for potential inclusion in the 
        National Wild and Scenic Rivers System;
            (2) the segments of the Eightmile River that were assessed 
        in the study continue to be in a free-flowing condition;
            (3) the segments of the Eightmile River contain outstanding 
        resource values relating to--
                    (A) cultural landscapes;
                    (B) water quality;
                    (C) watershed hydrology;
                    (D) unique species;
                    (E) natural communities;
                    (F) geology; and
                    (G) watershed ecosystems;
            (4) the Eightmile River Wild and Scenic Study Committee has 
        determined that--
                    (A) the outstanding resource values of those 
                segments of the Eightmile River depend on the continued 
                integrity and quality of the Eightmile River watershed;
                    (B) those resource values that are manifested 
                throughout the entire watershed; and
                    (C) the continued protection of the entire 
                watershed is intrinsically important to the designation 
                of the Eightmile River under this Act;
            (5) the Eightmile River Wild and Scenic Study Committee 
        took a watershed approach in studying and recommending 
        management options for the river segments and the Eightmile 
        River watershed as a whole;
            (6) during the study, the Eightmile River Wild and Scenic 
        Study Committee prepared the Eightmile River Management Plan to 
        establish objectives, standards, and action programs to ensure 
        long-term protection of the outstanding values of the river, 
        and compatible management of the land and water resources of 
        the Eightmile River and its watershed, without Federal 
        management of affected land not owned by the United States;
            (7) the Eightmile River Wild and Scenic Study Committee--
                    (A) voted in favor of including the Eightmile River 
                in the National Wild and Scenic Rivers System; and
                    (B) included that recommendation as an integral 
                part of the Eightmile River Watershed Management Plan;
            (8) the residents of the towns located adjacent to the 
        Eightmile River and comprising most of its watershed, including 
        Salem, East Haddam, and Lyme, Connecticut, as well as the 
        boards of selectmen and land use commissions of those towns, 
        voted--
                    (A) to endorse the Eightmile River Watershed 
                Management Plan; and
                    (B) to seek designation of the river as a component 
                of the National Wild and Scenic Rivers System.
            (9) the General Assembly of the State of Connecticut 
        enacted Public Act 05-18--
                    (A) to endorse the Eightmile River Watershed 
                Management Plan; and
                    (B) to seek the designation of the Eightmile River 
                as a component of the National Wild and Scenic Rivers 
                System.
    (b) Definitions.--In this Act:
            (1) Eightmile river.--The term ``Eightmile River'' means 
        segments of the main stem and certain tributaries of the 
        Eightmile River in the State of Connecticut that are designated 
        as components of the National Wild and Scenic Rivers System by 
        the amendment made by subsection (c).
            (2) Management plan.--The term ``Management Plan'' means 
        the plan prepared by the Eightmile River Wild and Scenic Study 
        Committee, with assistance from the National Park Service, 
        known as the ``Eightmile River Watershed Management Plan'', and 
        dated December 8, 2005.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (c) Designation.--Section 3(a) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(a)) is amended--
            (1) by designating the undesignated paragraph relating to 
        the White Salmon River, Washington, following paragraph (166) 
        as paragraph (167); and
            (2) by adding at the end the following:
    ``(168) Eightmile River, Connecticut.--The following segments in 
the Eightmile River in the State of Connecticut, totaling approximately 
25.3 miles, to be administered by the Secretary of the Interior:
            ``(A) The 10.8-mile segment of the main stem of the 
        Eightmile River, from Lake Hayward Brook to the Connecticut 
        River at the mouth of Hamburg Cove, as a scenic river.
            ``(B) The 8.0-mile segment of the East Branch of the 
        Eightmile River from Witch Meadow Road to the main stem of the 
        Eightmile River, as a scenic river.
            ``(C) The 3.9-mile segment of Harris Brook from the 
        confluence of an unnamed stream lying 0.74 miles due east of 
        the intersection of Hartford Road (State Route 85) and Round 
        Hill Road to the East Branch of the Eightmile River, as a 
        scenic river.
            ``(D) The 1.9-mile segment of Beaver Brook from Cedar Pond 
        Brook to the main stem of the Eightmile River, as a scenic 
        river.
            ``(E) The 0.7-mile segment of Falls Brook from Tisdale 
        Brook to the main stem of the Eightmile River at Hamburg Cove, 
        as a scenic river.''.
    (d) Management.--
            (1) In general.--The Secretary shall manage the Eightmile 
        River in accordance with the Management Plan and such 
        amendments to the Plan as the Secretary determines to be 
        consistent with this section.
            (2) Management plan.--The Management Plan shall be 
        considered to satisfy each requirement for a comprehensive 
        management plan that is required by section 3(d) of the Wild 
        and Scenic Rivers Act (16 U.S.C. 1274(d)).
    (e) Committee.--The Secretary shall coordinate the management 
responsibilities of the Secretary relating to the Eightmile River with 
the Eightmile River Coordinating Committee, as described in the 
Management Plan.
    (f) Cooperative Agreements.--
            (1) In general.--Pursuant to sections 10(e) and 11(b)(1) of 
        the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), 
        the Secretary may enter into a cooperative agreement with--
                    (A) the State of Connecticut;
                    (B) the towns of--
                            (i) Salem, Connecticut;
                            (ii) Lyme, Connecticut; and
                            (iii) East Haddam, Connecticut; and
                    (C) appropriate local planning and environmental 
                organizations.
            (2) Consistency with management plan.--Each cooperative 
        agreement authorized by this subsection--
                    (A) shall be consistent with the Management Plan; 
                and
                    (B) may include provisions for financial or other 
                assistance from the United States.
    (g) Relation to National Park System.--Notwithstanding section 
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the 
Eightmile River shall not--
            (1) be administered as part of the National Park System; or
            (2) be subject to laws (including regulations) that govern 
        the National Park System.
    (h) Land Management.--
            (1) Zoning ordinances.--With respect to the Eightmile 
        River, each zoning ordinance adopted by the towns of Salem, 
        East Haddam, and Lyme, Connecticut, in effect as of December 8, 
        2005 (including provisions for conservation of floodplains, 
        wetland and watercourses associated with the segments), shall 
        be considered to satisfy each standard and requirement under 
        section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1277(c)).
            (2) Acquisition of land.--The authority of the Secretary to 
        acquire land for the purpose of managing the Eightmile River as 
        a component of the National Wild and Scenic Rivers System shall 
        be--
                    (A) limited to acquisition--
                            (i) by donation; or
                            (ii) with the consent of the owner of the 
                        land; and
                    (B) subject to the additional criteria set forth in 
                the Management Plan.
    (i) Watershed Approach.--
            (1) Statement of policy.--In furtherance of the watershed 
        approach to resource preservation and enhancement articulated 
        in the Management Plan, the tributaries of the Eightmile River 
        watershed specified in paragraph (2) are recognized as integral 
        to the protection and enhancement of the Eightmile River and 
        that watershed.
            (2) Covered tributaries.--The tributaries referred to in 
        paragraph (1) include--
                    (A) Beaver Brook;
                    (B) Big Brook;
                    (C) Burnhams Brook;
                    (D) Cedar Pond Brook;
                    (E) Cranberry Meadow Brook;
                    (F) Early Brook;
                    (G) Falls Brook;
                    (H) Fraser Brook;
                    (I) Harris Brook;
                    (J) Hedge Brook Lake Hayward Brook;
                    (K) Malt House Brook;
                    (L) Muddy Brook;
                    (M) Ransom Brook;
                    (N) Rattlesnake Ledge Brook;
                    (O) Shingle Mill Brook;
                    (P) Strongs Brook;
                    (Q) Tisdale Brook;
                    (R) Witch Meadow Brook; and
                    (S) all other perennial streams within the 
                Eightmile River watershed.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this Act.
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