[Congressional Record Volume 140, Number 28 (Tuesday, March 15, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: March 15, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
GENERAL LEAVE
Mr. VENTO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks on
H.R. 2815, the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2815 is a bill introduced by Representative Johnson
of Connecticut and cosponsored by the entire delegation from that
State, including our colleague on the Natural Resources Committee, Mr.
Gejdenson.
It deals with a segment of the Farmington River, in Connecticut
required by earlier legislation to be studied for possible inclusion in
the National Wild and Scenic Rivers System.
The study determined that the segment is indeed eligible and suitable
for designation as a component of that System.
The bill would provide such a designation, and would lay the
foundation for appropriate management through cooperative agreements
between the National Park Service, the State of Connecticut, relevant
local governments, and the other parties who have participated in the
study and in developing a comprehensive management plan for the
affected area.
The Natural Resources Committee amended the bill to make it more
closely conform with the Wild and Scenic Rivers Act and with the normal
provisions that have been included in other similar bills, but the
version before the House retains the most important provisions of the
bill as introduced.
Like the original bill, the reported version provides for management
through cooperative agreements between the Secretary, the State of
Connecticut, and the relevant local governments, in accordance with the
existing plan developed by the Farmington River Study Committee.
Also like the original bill, the reported bill recognizes that
existing local zoning ordinances meet the requirements of the Wild and
Scenic Rivers Act, so that the Wild and Scenic Rivers Act's prohibition
on Federal use of condemnation will apply.
While the bill would not prevent the Federal Government from
acquiring land in the area from willing sellers, implementation of the
bill will not require any such acquisitions or Federal management of
any lands that are not owned by the United States.
Instead, the bill provides the basis for cooperation between the
National Park Service, State and local officials, and Connecticut
citizens groups interested in sound management of the designated
segment of the Farmington River.
I want to thank Congresswoman Johnson for her leadership on this
matter. She has worked hard in cooperation with the committee and the
administration to make it possible for us to bring to the floor a sound
bill that will provide appropriate protection for outstanding resource
values associated with the Farmington River. It is a bill that deserves
the approval of the House, and I urge its passage.
Mr. Speaker, I reserve the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2815 which was introduced by
the gentlewoman from Connecticut, [Mrs. Johnson] who is a hard working
member of the Committee on Ways and Means.
This legislation, which has been fully explained by the Chairman, the
gentleman from Minnesota [Mr. Vento], would add a 14-mile segment of
the Farmington River to the National Wild and Scenic Rivers System. It
is the result of many years of negotiations between Representative
Johnson and the many diverse river users in her district.
Although I believed the original bill had stronger provisions
protecting the rights or private landowners and the autonomy of local
governments than the version reported by the Natural Resources
Committee, I continue to supprot this legislation.
I urge my colleagues to support H.R. 2815.
{time} 1300
Mr. Speaker, I yield 7 minutes to the gentlewoman from Connecticut,
Mrs. Johnson.
(Mrs. Johnson of Connecticut asked and was given permission to revise
and extend her remarks, and include extraneous matter.)
Mrs. JOHNSON of Connecticut. Mr. Speaker, I rise in support of the
bill. It gives me a great deal of pleasure to strongly endorse this
bill to designate a 14-mile segment of the Farmington River in my
district as part of the National Wild and Scenic Rivers System. This
designation has the support of my Connecticut colleagues in this
chamber and the other body, as well as the enthusiastic support of the
people in the river towns.
Mr. Speaker, let me begin my remarks by thanking the large number of
unselfish citizens who have made this 10-year journey to designation
possible. Starting with the Chairman and Mr. Hansen and their able
staffs, I must say that they have been nothing but gracious and
professional in working with me on this unique designation, and my
staff and constituents. I thank you.
This effort could not have been successful without the steadfast
commitment and hands-on involvement of Nathan Frohling and his
predecessor, Suzi Wilkins, and the board and members of the Farmington
River Watershed Association [FRWA] based in Simsbury, CT. Suzi is now
at American Rivers here in Washington, and her colleagues at that
organization also have helped move the process along.
I also am pleased to recognize the efforts of the metropolitan
district commission [MDC] in helping us reach this agreement. Without
their willingness to acknowledge my constituents' concerns, this bill
would not be before us today.
The 17 members of the Farmington River Advisory Committee also
deserve our gratitude for the tremendous number of volunteer hours they
have invested in this project. Representing the five towns along the
river, as well as the Governor's office, the State department of
environmental protection, the MDC, and the FRWA, these men and women
held a number of public meetings and open workshop to share information
about the importance of designation and led their respective
communities to the unanimous decision to press this bill forward. This
legislation is the culmination of their efforts and bears not only
their fingerprints, but also their blood, sweat, and tears.
Finally, Mr. Speaker, I must single out Mr. Phil Huffman of the
National Park Service's regional office in Boston for his tireless
support over the years. Phil successfully quarterbacked this effort,
keeping everyone at the negotiating table, and injecting a level of
professionalism that is both refreshing and appreciated by all. The
entire Park Service team, Phil Huffman, Drew Parkin, and John Haubert,
have been trusted allies in this endeavor and, on behalf of my
Farmington Valley constituents, I thank them for their efforts.
Mr. Speaker, this is a proud moment for the people of the Farmington
River towns. In an area of the country that is not well known for its
wide open spaces, we nonetheless have some natural wonders that deserve
consideration under the Wild and Scenic Rivers Act. Thus, I am pleased
that the committee has seen fit to endorse this innovative approach to
protecting a relatively urban river for future generations to enjoy.
Private lands rivers like the Farmington present a special challenge
to Federal legislators because most riparian landowners in my district
already consider themselves stewards of the West Branch and are not
willing to turn over control to a far-away bureaucracy. Consequently,
this legislation relies on a detailed management plan written by local
folks, and clarifies that Federal land acquisition and day-to-day
Federal management are not part of the bill. With this bill, the
Congress also makes clear that there are ways to craft wild and scenic
legislation that addresses the concerns of private landowners in
relatively populated areas.
Another unique aspect of this bill is its power-sharing arrangement
between the local and Federal governments. Because we are a region with
a strong tradition of town meeting governance, we have not been able to
benefit from Federal programs that require a relinquishing of local
authority. In this bill, we have created a new model that should enable
us to participate more fully in federally supported land and river
preservation programs.
Local land management programs, adopted as town ordinances, have put
in place a preservation plan that, coupled with the comprehensive
management plan, meets Federal wild and scenic standards. By resting
designation on the enforcement of those local laws implementing the
river management plan, we have created a Federal/State partnership that
achieves wild and scenic goals in harmony with New England tradition.
For these reasons, this legislation is important to all of the
Northeast, as there are other rivers in my part of the country that may
need the same attention given to the Farmington. In the absence of
changes in statutory language, the Wild and Scenic Rivers Act should,
under the committee's able stewardship, continue to acknowledge the
necessity of flexibility, as it has succeeded in doing here today.
Mr. Speaker, I am pleased and proud to endorse the committee's work
on my bill and urge its passage.
Mr. Speaker, I include for the Record materials pertinent to this
legislation, as follows:
State of Connecticut, Department of Environmental
Protection,
Hartford, CT, November 12, 1993.
Hon. Nancy L. Johnson,
Cannon House Office Building,
Washington, DC.
Dear Nancy: Enclosed are copies of recent testimony by the
Connecticut Department of Environmental Protection on rivers
issues currently before Congress.
We are supporting S. 1332 and H.R. 2815 concerning
designation of the Farmington River into the National Wild
and Scenic River System.
We also have a high level of interest in SB 589 and HR 1348
establishing a Quinebaug-Shetucket Heritage Corridor.
I would appreciate your assistance in helping to make these
worthwhile proposals to reality. My staff and I are available
to answer any questions you may have. I can be reached at
(203) 566-2110.
Thank you.
Sincerely yours,
Timothy R.E. Keeney,
Commissioner.
____
State of Connecticut, Department of Environmental
Protection,
Hartford, CT, October 26, 1993.
Hon. Bruce Vento,
Chairman, Subcommittee on National Parks, Forests, and Public
Lands, Rayburn House Office Building, Washington, DC.
Dear Representative Vento: Thank you for the opportunity to
offer strong support for HR 2815, The Farmington Wild and
Scenic River Act. Governor Weicker, the members of the
Connecticut General Assembly and the Connecticut Department
of Environmental Protection all support designation of the 14
miles of the Farmington River immediately below the Goodwin
Dam as part of the National Wild and Scenic River System. The
Farmington River is a unique resource in Connecticut,
providing some of the finest fish and wildlife habitats and
recreational opportunities in the state, while meeting needs
for water supply and waste assimilation.
The Connecticut Segment of the Farmington has been found by
the Farmington River Study Committee to be eligible for
designation based on the presense of outstanding fisheries,
recreation, wildlife, and historic resources. The Study
Committee has also found that segment to be suitable for
designation based on strong state and local support for
designation and the adoption of an appropriate management
plan.
The development of the management plan was a key factor in
gaining state support for designation. I have had the
pleasure of representing the Governor of Connecticut on the
Farmington River Study Committee since its inception. In
carrying out this responsibility, one of my jobs has been to
consider how designation would fit with out ongoing efforts
to manage water and related natural resources and ensure the
public health and safety of Conecticut's residents. Current
state resource management and protection activities include
water allocation and diversion permitting, water supply,
water quality of fish and wildlife and recreation management
programs.
I am convinced that the ``Upper Farmington River Management
Plan'' developed by the Study Committee effectively balances
the broader state management responsibilities for protecting
public health and safety with the need for river protection.
A number of elements of the plan are significant to the
state, and are described below. The plan:
(1) establishes a 100 foot area on either side of the river
as the focus of local land use protection efforts for the
river and the immediate riparian corridor. The four towns
which border the study segment have adopted river protection
districts through local zoning to ensure the appropriate
management of private lands.
(2) provides for maintenance and enhancement of the values
which qualify the river for national designation, including
water quality, recreational use opportunities, fish and
wildlife, historic resources and scenic values.
(3) allows for consideration of future water supply
withdrawals of up to 7.3 billion gallons per year, while
maintaining the character of the river and its wild and
scenic values.
(4) requires a number of state statutory changes to assure
the highest level of water quality protection.
(5) establishes a Farmington River Coordinating Committee
(FRCC) to coordinate implementation of the plan.
(6) requires notification of the National Park Service and
the FRCC of any actions requiring a state permit, and allows
NPS intervention in uses, withdrawals or other actions within
or affecting the segment which require state or federal
permits, funding or approvals.
The use of a comprehensive instream flow study in the
planning process has allowed the analysis of varying river
flows to determine the water resource management regimes
needed to protect and enhance the river. A significant
provision of the plan, based on this analysis, is the ability
to consider future use for public water supply if it can be
shown that such use is not detrimental to the wild and scenic
values. This provision allows us to fulfill our
responsibility to provide pure and adequate supplies of
drinking water to state residents should it become necessary
in the future.
It is my belief that implementation of the plan will
enhance our ability to protect the river's wild and scenic
values by allowing more public input into federal and state
resource management programs. I fully support designation of
the Upper Farmington into the National Wild and Scenic Rivers
System, and implementation of the Upper Farmington River
Management into the National Wild and Scenic Rivers System,
and implementation of the Upper Farmington River Management
Plan as the cornerstone for such designation.
It is the intent of the State of Connecticut to work with
the Federal Government, the communities in the region, local
interest groups and the strong base of local support to
ensure effective management of the Upper Farmington once it
is designated. Thank you again for the opportunity to present
this statement of support for HR 2815.
Sincerely yours,
Robert Moore,
Deputy Commissioner.
____
[From the Hartford (CT) Courant, Feb. 25, 1994]
Bill Would Protect River's Beauty, Wildlife and Recreation
(Nancy L. Johnson and Norman Rogers, Jr.)
Images of spectacular beauty, diverse wildlife and
recreational bounty come to mind when the Farmington River is
mentioned. But the Farmington is under increasing pressure
for exploitation precisely because of its rare quality.
A bill before Congress would designate the upper 14 miles
of the Farmington River as a national ``Wild & Scenic
River.'' If enacted, this would be Connecticut's first Wild &
Scenic designation and its single greatest river-protection
achievement. Wild & Scenic designation provides the highest
level of protection a river can receive in the United States.
It is the strongest authority for protecting rivers from
harmful diversions and discharges that threaten their
quality.
Designation would prohibit any water-related project
licensed, permitted or funded by the federal government that
would be adverse to the river. It would establish strict
standards for withdrawing or diverting water--standards that
exceed current state law.
In addition to the strong federal protection, a Farmington
River management plan, completed last April, establishes a
high standard of protection for the river and is the
cornerstone for designation.
Together, Wild & Scenic designation and the management plan
will safeguard the river's beauty, fish, wildlife, ecological
health and recreational uses.
An unprecedented level of local control was built into the
proposed designation. Special measures are included that
prohibit any federal land condemnation or management. Private
lands will remain private; their regulation will remain a
local responsibility.
The Farmington River Management Plan embodies an
unprecedented level of cooperation among diverse river
interests, such as Farmington Valley towns, the Farmington
River Watershed Association and other river-advocacy groups,
the state, riverfront property owners, the Metropolitan
District Commission, the National Park Service and river
recreationists.
The goal most passionately sought by Farmington Valley
towns is the protection that Wild & Scenic designation
provides against a harmful diversion of water from the river.
Although not an absolute ban, designation will prevent all
diversions that the people of the Farmington Valley are
worried about--those that would adversely affect the river.
Under designation, any proposed diversion that would weaken
the protection and integrity of the river would be considered
adverse and prohibited.
An independently conducted study was performed to determine
the flows needed to protect the river's natural, recreational
and scenic characteristics. It found that at peak flows, such
as those that cause spring flooding, there is more water than
is needed to protect these characteristics. In extreme high-
flow conditions, water could theoretically be stored to help
augment river flows later and, if sufficient, provide for
some withdrawal.
However, Wild & Scenic designation is by no means a permit,
encouragement or invitation for withdrawal. To the contrary,
designation and the management plan establish strict
conditions and standards that guarantee protection of the
river if a limited diversion is ever proposed. These
standards will protect fish habitat, canoeing and kayaking,
tubing, fishing and water quality.
Although a diversion is theoretically compatible with
strong river protection, the burden of proof would be on the
applicant to demonstrate compatibility between an actual
diversion proposal and the river-protection standards
established in the management plan.
With Wild & Scenic designation, the river's characteristics
must remain as they are--or be enhanced--before any diversion
could proceed. Without Wild & Scenic designation, there are
no such guarantees.
The Wild & Scenic Study has been conducted through an open
public process, and there is extensive public support for
designation. In addition to public forums, workshops, open
study-committee meetings, thousands of volunteer hours have
been dedicated toward achieving designation.
The Wild & Scenic Study Committee, which includes
representatives of Hartland, Colebrook, Barkhamsted, New
Hartford, Canton, the Farmington River Watershed Association,
the Department of Environmental Protection. Gov. Lowell P.
Weicker, Jr. and the Metropolitan District Commission, gave
its unanimous support. Several committee leaders also
contributed to this article: Nathan Frohling, director of the
watershed association; state Sen. James T. Fleming, R-
Simsbury; Robert Moore, deputy commissioner of DEP, Anthony
Gallichio, chairman of the MDC, and Philip Huffman, study
manager for the National Park Service.
Other local groups, such as the Farmington River Anglers
Association and the Farmington River Club, have participated
actively and endorsed designation. Many other organizations
have also endorsed designation, including American Rivers,
the National Audubon Society and the Sierra Club.
The greatest achievement, however, is that residents of the
Farmington Valley have dared to make a difference and acted
to protect something they love.
Mr. GEJDENSON. Mr. Speaker, I rise today in strong support of H.R.
2815, the Farmington Wild and Scenic River Act. I am an original
cosponsor of the bill, which is supported by the entire Connecticut
congressional delegation. This legislation strikes a balance between
many interests, and will allow us to protect some of the most
magnificent river segments in my State.
The segment of the Farmington that this bill will protect includes a
spectacular gorge, know as Satan's Kingdom, which is renowned for its
white water and is extremely popular with many river users. The river
also provides habitat for Atlantic salmon, which the Fish and Wildlife
Service is studying for designation as a threatened species. Numerous
historic structures can be found on the river's banks as well.
Residents in several towns along the Farmington River have been
working for wild and scenic designation for about 6 years. Many varied
interests and river users have been involved in developing plans for
the region. The National Park Service has studied the area and
concluded that it has significant resources worthy of protection. The
Farmington River Study Committee produced a management plan last spring
which was unanimously approved by its members. This bill is the result
of a consensus process.
Mr. Speaker, by passing this bill we will be able to protect valuable
natural resources, which provide habitat to numerous species, and many
historic sites. In addition, wild and scenic designation will ensure
that various river users will be able to enjoy it for years to come. I
urge my colleagues to support this important measure.
Mrs. KENNELLY. Mr. Speaker, we are considering today a bill to
protect one of Connecticut's most treasured resources--the Farmington
River. This bill, sponsored by my good friend Mrs. Johnson and
supported by all of us in the Connecticut delegation, would protect 14
miles of the west branch of the Farmington River by including it in the
National Wild and Scenic Rivers System.
A wild and scenic designation is the only protection that can
permanently guarantee that no federally licensed or funded water
project be allowed to harm the river. It would protect the waterway's
fisheries, wildlife, and recreational potential, and contribute
significantly to our enjoyment of the river.
Today's legislation will not only protect the Farmington River, but
has the potential to help rivers nationwide. The bill contains
important language to promote local autonomy and self-determination,
which will help local governments settle the sometimes difficult issues
which arise during consideration of preservation status.
This local stewardship approach states that the Federal Government
cannot pursue land acquisition or management, ensuring that local
authorities will retain significant influence. This can be particularly
important when rivers abut private property. It is an important
distinction which should contribute to greater preservation efforts.
This legislation is the result of cooperation among many different
parties--Governor Weicker, the Connecticut Department of Environmental
Protection, the Metropolitan District Commission, the Farmington River
Watershed Association, and local municipal authorities. Many people
have worked together on this project--this bill is testimony to their
efforts and to the merits of their project.
Mr. Speaker, I appreciate the work of Chairman Vento and his
subcommittee for moving this important legislation forward. I would
also like to commend my colleague Mrs. Johnson for her hard work and
encourage this Chamber to quickly pass this bill.
Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. VENTO. Mr. Speaker, I urge support for this measure.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
The SPEAKER pro tempore (Mr. Fields of Louisiana). The question is on
the motion offered by the gentleman from Minnesota [Mr. Vento] that the
House suspend the rules and pass the bill, H.R. 2815, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________