[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 553 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 553
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
February 12, 2007
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 redesignating paragraph (167) (relating to the
Musconetcong River, New Jersey) as paragraph (169);
(2) by designating the undesignated paragraph relating to
the White Salmon River, Washington, as paragraph (167);
(3) by designating the undesignated paragraph relating to
the Black Butte River, California, as paragraph (168); and
(4) by adding at the end the following:
``(170) 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 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.--
(A) In general.--The provisions of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that
prohibit Federal acquisition of land by condemnation
shall apply to the acquisition of land for the
Eightmile River.
(B) Limitations.--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--
(i) limited to acquisition--
(I) by donation; or
(II) with the consent of the owner
of the land; and
(ii) 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;
(K) Lake Hayward Brook;
(L) Malt House Brook;
(M) Muddy Brook;
(N) Ransom Brook;
(O) Rattlesnake Ledge Brook;
(P) Shingle Mill Brook;
(Q) Strongs Brook;
(R) Tisdale Brook;
(S) Witch Meadow Brook; and
(T) 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.
<all>