[Congressional Record Volume 152, Number 99 (Tuesday, July 25, 2006)]
[Senate]
[Pages S8199-S8201]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself and Mr. Lieberman):
  S. 3723. 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; to the Committee on Energy and Natural Resources.
  Mr. DODD. Mr. President, today I join with my colleague Senator 
Lieberman to introduce the Eightmile Wild and Scenic River Act to 
designate certain segments of the Eightmile River in the State of 
Connecticut as components of the National Wild and Scenic Rivers 
System.
  The National Wild and Scenic Rivers System was created by Congress in 
1968 to create a ``Hall of Fame'' for exceptional rivers. Eligible 
rivers or river segments must meet two criteria; first,

[[Page S8200]]

the river corridor must be free flowing and, second, it must contain at 
least one outstanding remarkable resource deserving special 
recognition, such as a prominent natural, cultural, scenic, or 
recreational resource.
  Over the course of the past few years, the National Park Service has 
responded to interest and inquiries from local advocates and town 
officials regarding a potential Wild and Scenic River designation for 
the Eightmile River located in south central Connecticut. While a local 
management plan has been developed, studies have shown that fifteen 
miles of the Eightmile River and its East Branch through the 
communities of Lyme, East Haddam, and Salem, CT, were already included 
on the National Park Service's Nationwide Rivers Inventory of potential 
Wild and Scenic River segments. Both segments have great recreational 
value and are included on the inventory for outstanding scenic, 
geologic, and fish and wildlife values. More than 80 percent of the 
Connecticut River watershed is still forested, including large tracts 
of unfragmented hardwood forests that are home to a diverse assemblage 
of plants and animals including bobcats, great horned owls, red foxes 
and roughly 180 other species of birds, plants, fish, and reptiles.
  The impetus for gaining wild and scenic designation of segments of 
the Eightmile River originated locally in 1995 when local officials and 
citizens began working on protection efforts. A variety of local, 
State, and Federal watershed protection programs were considered, and a 
Wild & Scenic River study and designation were determined to be the 
best way to achieve the local vision of a protected watershed. It was 
found that six special ``resource values'' are present in the Eightmile 
River Watershed. These resource values are: Watershed hydrology, water 
quality, unique species and natural communities, geology, the watershed 
ecosystem, and the cultural landscape. Preserving and enhancing these 
values is the basis of the Eightmile River Management Plan and 
ultimately the pursuit of wild and scenic designation. Earlier this 
year I joined with residents of East Haddam, CT, to endorse the 
management plan.
  Connecticut is a small State in area, but it is densely populated and 
it is essential that balance is achieved between conservation and 
economic growth. As one of the most diverse and thriving ecosystems in 
the lower Connecticut River Valley, it is essential that we work to 
preserve this river while all parties, local, State and Federal, are 
willing and able to support this ecosystem. The Eightmile River, like 
many other rivers in America, can still be stewarded for future 
generations of Americans as both a recreational treasure and an 
unblemished ecological haven.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3723

       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

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       (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.
                                 ______