[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.

                          ____________________