[Congressional Record Volume 140, Number 76 (Thursday, June 16, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  FARMINGTON WILD AND SCENIC RIVER ACT

  The Senate proceeded to consider the bill (H.R. 2815) to designate a 
portion of the Farmington River in Connecticut as a component of the 
National Wild and Scenic Rivers System, which had been reported from 
the Committee on Energy and Natural Resources, with amendments, as 
follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Farmington Wild and Scenic 
     River Act''.

     SEC. 2. FINDINGS.

       The 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 
     National 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 
     National Wild and Scenic Rivers System;
       (2) the study determined that both segments of the river 
     are eligible for inclusion in the National 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 segment's major 
     tributary, have demonstrated their desire for national wild 
     and scenic river designation through town meeting 
     actions endorsing designation; in addition, 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;
       (4) 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 river's 
     outstanding values and compatible management of its land and 
     water resources, without Federal management of affected lands 
     not owned by the United States;
       (5) 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 National 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; and
       [(6) the Colebrook Dam and Goodwin Dam hydroelectric 
     projects are located outside the river segment designated by 
     section 3, and the study of the Farmington River pursuant to 
     Public Law 99-590 determined that continuation of existing 
     operations of these projects as presently configured, 
     together with associated transmission lines and other 
     existing project works, is not incompatible with the 
     designation made by section 3 and will not unreasonably 
     diminish the scenic, recreational, and fish and wildlife 
     values of the segment designated by such section as of the 
     date of enactment of this Act; therefore, section 7(a) of the 
     Wild and Scenic Rivers Act will not preclude the Federal 
     Energy Regulatory Commission from licensing or relicensing 
     (or exempting from licensing) the continued operations of 
     such projects as presently configured or with changes in 
     configuration that the Secretary determines would be 
     consistent with the Wild and Scenic Rivers Act and the Plan.]
       (6) the Colebrook Dam and Goodwin Dam hydroelectric 
     projects are located outside the river segment designated by 
     section 3, and based on the study of the Farmington River 
     pursuant to Public Law 99-590, continuation of the existing 
     operation of these projects as presently configured, 
     including associated transmission lines and other existing 
     project works, is compatible with the designation made by 
     section 3 and will not unreasonably diminish the scenic, 
     recreational, and fish and wildlife values of the segment 
     designated by such section as of the date of enactment of 
     this Act.

     SEC. 3. DESIGNATION.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) is amended by adding the following new paragraph at 
     the end thereof:
       ``( ) Farmington River, Connecticut.--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 (hereinafter in this paragraph 
     referred to as the `segment'), as a recreational river, to be 
     administered by the Secretary of the Interior through 
     cooperative agreements between the Secretary of the Interior 
     and the State of Connecticut and its relevant political 
     subdivisions, namely the Towns of Colebrook, Hartland, 
     Barkhamsted, New Hartford, and Canton and the Hartford 
     Metropolitan District Commission, pursuant to section 10(e) 
     of this Act. The segment shall be managed in accordance with 
     the Upper Farmington River Management Plan, dated April 29, 
     1993, and such amendments thereto as the Secretary of the 
     Interior determines are consistent with this Act. Such plan 
     shall be deemed to satisfy the requirement for a 
     comprehensive management plan pursuant to section 3(d) of 
     this Act.''.

     SEC. 4. MANAGEMENT.

       [(a) Committee.--The Director shall appoint a person to 
     represent the Secretary on the Farmington River Coordinating 
     Committee provided for in the Plan.]
       (a) Committee.--The Director of the National Park Service, 
     or his or her designee, shall represent the Secretary on the 
     Farmington River Coordinating Committee provided for in the 
     plan.
       (b) Federal Role[.--(1) 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 section 3, including ongoing review of the consistency of 
     the Plan with the Wild and Scenic Rivers Act and the review 
     of proposed federally assisted water resources projects which 
     could have a direct and adverse effect on the values for 
     which the segment was established, as authorized under 
     section 7(a) of the Wild and Scenic Rivers Act. (2)] (1) 
     In order to provide for the long-term protection, 
     preservation, and enhancement of the river segment 
     designated by section 3, the Secretary, pursuant to 
     section 10(e) of the Wild and Scenic Rivers Act, shall 
     offer to enter into cooperative agreements with the State 
     of Connecticut and its relevant political subdivisions 
     identified in the amendment made by such section 3 and, 
     pursuant to section 11(b)(1) of such Act, shall make a 
     similar offer to the Farmington River Watershed 
     Association. The Secretary, pursuant to such section 
     11(b)(1), also may enter into cooperative agreements with 
     other parties who may be represented on the Committee. All 
     cooperative agreements provided for in this Act 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 designated by such section 3 
     and the implementation of the Plan.
       [(3)] (2) The Secretary may provide technical assistance, 
     staff support, and funding to assist in the implementation of 
     the Plan.
       [(4)] (3) Implementation of this Act through cooperative 
     agreements as described in paragraph (2) of this subsection 
     shall not constitute National Park Service administration of 
     the segment designated by section 3 for purposes of section 
     10(c) of the Wild and Scenic Rivers Act, and shall not cause 
     such segment to be considered as being a unit of the National 
     Park System.
       (c) Water Resources Projects.--(1) In determining whether a 
     proposed water resources project would have a direct and 
     adverse effect on the values for which the segment designated 
     by section 3 was included in the National Wild and Scenic 
     Rivers System, the [Director] Secretary shall specifically 
     consider the extent to which the project is consistent with 
     the Plan.
       (2) For purposes of implementation of section 7 of the Wild 
     and Scenic Rivers Act, the Plan, including the detailed 
     analysis of instream flow needs incorporated therein 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.
       (d) Land Management.--The zoning ordinances duly 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 Act, 
     shall be deemed to satisfy the standards and requirements of 
     section 6(c) of the Wild and Scenic Rivers 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 to the segment designated by section 3.

     SEC. 5. DEFINITIONS.

       For the purposes of this Act:
       (1) The term ``Committee'' means the Farmington River 
     Coordinating Committee referred to in section 4.
       [(2) The term ``Director'' means the Director of the 
     National Park Service.]
       [(3)] (2) The term ``Plan'' means the comprehensive 
     management plan for the Connecticut segment of the Farmington 
     River prepared by the Farmington River Study Committee and 
     the National Park Service, which is known as the ``Upper 
     Farmington River Management Plan'' and dated April 29, 1993.
       [(4)] (3) The term ``Secretary'' means the Secretary of the 
     Interior.

     SEC. 6. FUNDING AUTHORIZATION.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the purposes of this Act, including 
     the amendment to the Wild and Scenic Rivers Act made by 
     section 3.
  So the bill (H.R. 2815) was deemed read the third time and passed.

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