[Congressional Record Volume 153, Number 109 (Tuesday, July 10, 2007)]
[House]
[Pages H7440-H7443]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  EIGHTMILE WILD AND SCENIC RIVER ACT

  Mr. SARBANES. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 986) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 986

       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''.

[[Page H7441]]

     SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER, 
                   CONNECTICUT.

       (a) Findings.--Congress finds the following:
       (1) The Eightmile River Wild and Scenic River Study Act of 
     2001 (Public Law 107-65; 115 Stat. 484) authorized the 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 covered by the 
     study are in a free-flowing condition, and the outstanding 
     resource values of the river segments include the cultural 
     landscape, water quality, watershed hydrology, unique species 
     and natural communities, geology, and watershed ecosystem.
       (3) The Eightmile River Wild and Scenic Study Committee has 
     determined that--
       (A) the outstanding resource values of these river segments 
     depend on sustaining the integrity and quality of the 
     Eightmile River watershed;
       (B) these resource values are manifest within the entire 
     watershed; and
       (C) the watershed as a whole, including its protection, is 
     itself intrinsically important to this designation.
       (4) 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.
       (5) During the study, the Eightmile River Wild and Scenic 
     Study Committee, with assistance from the National Park 
     Service, prepared a comprehensive management plan for the 
     Eightmile River watershed, dated December 8, 2005 (in this 
     section referred to as the ``Eightmile River Watershed 
     Management Plan''), which establishes objectives, standards, 
     and action programs that will 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 lands 
     not owned by the United States.
       (6) The Eightmile River Wild and Scenic Study Committee 
     voted in favor of inclusion of the Eightmile River in the 
     National Wild and Scenic Rivers System and included this 
     recommendation as an integral part of the Eightmile River 
     Watershed Management Plan.
       (7) The residents of the towns lying along the Eightmile 
     River and comprising most of its watershed (Salem, East 
     Haddam, and Lyme, Connecticut), as well as the Boards of 
     Selectmen and Land Use Commissions of these towns, voted to 
     endorse the Eightmile River Watershed Management Plan and to 
     seek designation of the river as a component of the National 
     Wild and Scenic Rivers System.
       (8) The State of Connecticut General Assembly enacted 
     Public Act 05-18 to endorse the Eightmile River Watershed 
     Management Plan and to seek designation of the river as a 
     component of the National Wild and Scenic Rivers System.
       (b) Designation.--Section 3(a) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the 
     end the following new paragraph:
       ``(_) Eightmile River, Connecticut.--Segments of the main 
     stem and specified tributaries of the Eightmile River in the 
     State of Connecticut, totaling approximately 25.3 miles, to 
     be administered by the Secretary of the Interior as follows:
       ``(A) The entire 10.8-mile segment of the main stem, 
     starting at its confluence with Lake Hayward Brook to its 
     confluence with 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 starting at Witch Meadow Road to its 
     confluence with the main stem of the Eightmile River, as a 
     scenic river.
       ``(C) The 3.9-mile segment of Harris Brook starting with 
     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 its confluence with the East Branch of the 
     Eightmile River, as a scenic river.
       ``(D) The 1.9-mile segment of Beaver Brook starting at its 
     confluence with Cedar Pond Brook to its confluence with the 
     main stem of the Eightmile River, as a scenic river.
       ``(E) The 0.7-mile segment of Falls Brook from its 
     confluence with Tisdale Brook to its confluence with the main 
     stem of the Eightmile River at Hamburg Cove, as a scenic 
     river.''.
       (c) Management.--The segments of the main stem and certain 
     tributaries of the Eightmile River in the State of 
     Connecticut designated as components of the National Wild and 
     Scenic Rivers System by the amendment made by subsection (b) 
     (in this section referred to as the ``Eightmile River'') 
     shall be managed in accordance with the Eightmile River 
     Watershed Management Plan and such amendments to the plan as 
     the Secretary of the Interior determines are consistent with 
     this section. The Eightmile River Watershed Management Plan 
     is deemed to satisfy the requirements for a comprehensive 
     management plan required by section 3(d) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1274(d)).
       (d) Committee.--The Secretary of the Interior shall 
     coordinate the management responsibilities of the Secretary 
     with regard to the Eightmile River with the Eightmile River 
     Coordinating Committee, as specified in the Eightmile River 
     Watershed Management Plan.
       (e) Cooperative Agreements.--In order to provide for the 
     long-term protection, preservation, and enhancement of the 
     Eightmile River, the Secretary of the Interior may enter into 
     cooperative agreements 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)) with the State of Connecticut, the towns 
     of Salem, Lyme, and East Haddam, Connecticut, and appropriate 
     local planning and environmental organizations. All 
     cooperative agreements authorized by this subsection shall be 
     consistent with the Eightmile River Watershed Management Plan 
     and may include provisions for financial or other assistance 
     from the United States.
       (f) 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 be administered as 
     part of the National Park System or be subject to regulations 
     which govern the National Park System.
       (g) Land Management.--The zoning ordinances adopted by the 
     towns of Salem, East Haddam, and Lyme, Connecticut, in effect 
     as of December 8, 2005, including provisions for conservation 
     of floodplains, wetlands, and watercourses associated with 
     the segments, are deemed to satisfy the standards and 
     requirements of section 6(c) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1277 (c)). For the purpose of section 6(c) of 
     that Act, such towns shall be deemed ``villages'' and the 
     provisions of that section, which prohibit Federal 
     acquisition of lands by condemnation, shall apply to the 
     segments designated by subsection (a). The authority of the 
     Secretary to acquire lands for the purposes of this Act shall 
     be limited to acquisition by donation or acquisition with the 
     consent of the owner thereof, and shall be subject to the 
     additional criteria set forth in the Eightmile River 
     Watershed Management Plan.
       (h) Watershed Approach.--
       (1) In general.--In furtherance of the watershed approach 
     to resource preservation and enhancement articulated in the 
     Eightmile River Watershed 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 its watershed.
       (2) Covered tributaries.--Paragraph (1) applies with 
     respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar 
     Pond Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, 
     Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, 
     Malt House Brook, Muddy Brook, Ransom Brook, Rattlesnake 
     Ledge Brook, Shingle Mill Brook, Strongs Brook, Tisdale 
     Brook, Witch Meadow Brook, and all other perennial streams 
     within the Eightmile River watershed.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section and the amendment made by subsection (b).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Sarbanes) and the gentleman from Oklahoma (Mr. Cole) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Maryland.


                             General Leave

  Mr. SARBANES. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Mr. SARBANES. Mr. Speaker, H.R. 986 would designate 25.3 miles of the 
Eightmile River and its tributaries in Connecticut as a national scenic 
river. The bill was introduced by my friend and freshman class 
colleague, Representative Joe Courtney, who has been a strong and 
effective advocate of this designation.
  This legislation would protect portions of the Eightmile River that 
have been found to have ``outstandingly remarkable'' values, including 
an intact watershed with a natural flow, very high water quality, 
unusual geological features, and large numbers of rare plants and 
animals.
  The bill would designate five segments of the river and its 
tributaries as scenic under the Wild and Scenic Rivers Act. The 
designated segments would be managed according to a plan produced 
pursuant to the 2001 Eightmile River Wild and Scenic River Study Act.
  The administration supports the bill, as we were told by a National 
Park Service witness at a hearing before the National Parks, Forests 
and Public Lands Subcommittee on April 17. In a draft study, the agency 
found these portions of the river and its tributaries to be eligible 
and suitable for designation.
  The bill is cosponsored by the entire Connecticut House delegation. 
Both Connecticut Senators support the designation, as does the 
Republican Governor of Connecticut. The bill also enjoys ample support 
from the local community, including the local governments of the towns 
of Salem, East Haddam and Lyme.
  The river would be managed under a partnership agreement as 
envisioned in section 10(e) of the Wild and Scenic Rivers Act.
  The Congressional Budget Office has found that the bill contains no 
unfunded mandates, and will impose no

[[Page H7442]]

cost on State, local or tribal governments. CBO also says the bill will 
not affect direct spending, and will not significantly affect the 
National Park Service's costs.

                              {time}  1430

  During committee consideration of the bill, there had been expressed 
some concern about the private property protections in the bill. To 
ensure that the bill is absolutely clear on this point, my subcommittee 
chairman, the gentleman from Arizona (Mr. Grijalva) offered, and the 
committee adopted, language that expressly deems the zoning ordinances 
adopted by the towns of Salem, East Haddam, and Lyme to satisfy section 
6(c) of the Wild and Scenic Rivers Act and limits the Secretary's 
acquisition authority to lands that are donated or bought from willing 
sellers. That provision tracks the language used in several wild and 
scenic river designations in the east, including the designation of 
Connecticut's other wild and scenic river, the Farmington River. The 
language has been in effect for over a decade without questions or 
ambiguity on those rivers or in court. According to the National Park 
Service, the administering agency, that language is absolutely 
unambiguous.
  Mr. Speaker, this is a good bill. And I want to commend my colleague 
from Connecticut, Representative Courtney, for his commitment and 
leadership on this matter. We support passage of H.R. 986, as amended, 
and urge its adoption by the House today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COLE of Oklahoma. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, some of our Members believe H.R. 986 has significant 
negative implications on private property in Connecticut. Fuzzy 
language included in this bill may leave the door open for the Federal 
Government to use eminent domain to seize private property in this new 
designation. This is especially concerning because this is the same 
congressional district where the Kelo v. New Haven case originated. I 
remind my colleagues that many times the Federal Government uses just 
the threat of condemnation to frighten private property owners and to 
intimidate them until they become so-called ``willing sellers.'' We 
must protect our constituents from this wanton abuse of power by making 
our intentions clear in this legislation.
  Resource Committee Republicans made numerous efforts in both 
subcommittee and full committee to insert language that would have 
protected property owners in Connecticut. The language was plain and 
clear: Congress would not empower the Federal Government to condemn 
land and pressure owners into selling.
  Unfortunately, these efforts were rebuffed by committee Democrats. It 
is still unclear to our side of the aisle why the majority wants to 
expose property owners to the threat of eminent domain. The only 
reasonable conclusion is that they believe the Federal Government 
should and must confiscate private property.
  Because this bill has been brought under suspension of the rules, the 
minority will not have the opportunity to clean it up before the full 
House.
  I urge my colleagues to oppose the bill and stand up against this and 
other Kelo-style assaults on private property rights.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SARBANES. Mr. Speaker, I just want to assure my colleague again 
that the bill as drafted and as proposed today is one that is very 
clear in terms of the protections that he seeks, and we were very 
careful over the course of this bill's evolution to make sure of that.
  I would at this time, Mr. Speaker, wish to yield such time as he may 
consume to the sponsor of this legislation, the gentleman from 
Connecticut and a colleague of my class (Mr. Courtney).
  Mr. COURTNEY. Mr. Speaker, I, first of all, want to commend Mr. 
Sarbanes for his superb summary of this legislation and the context in 
which it occurred and was introduced this year with the full support of 
the Connecticut delegation on a bipartisan basis, the Republican 
Governor of Connecticut, Jodi Rell, who was supporting the bill, and 
the Connecticut State legislature, which also passed a resolution in 
support of this measure. I also want to thank Chairman Rahall and 
Ranking Member Young for helping us bring this bill to the floor and 
also in particular subcommittee Chairman Grijalva and Ranking Member 
Bishop for helping this bill through subcommittee and raising important 
issues, which, as has been pointed out, strike particularly close to 
home since the City of New London, which was a party to the Kelo case, 
was the locus of that decision and obviously caused great concern about 
property rights all across the country.
  This bill, however, though, I believe is a balanced bill which 
represents more than 10 years of hard work by local citizens and 
elected officials to protect this important river and its intact 
watershed. The Eightmile River takes its name from the distance between 
its mouth at Lake Hayword to the Connecticut River and Long Island 
sound. It is unique in that it is a virtually free-flowing river over 
its entire run. The entire 62-square-mile watershed has a large forest 
cover and excellent water quality and is home to diverse fish 
populations and rare species. It is quite rare for a river of this size 
to be intact throughout its entire watershed, especially in areas so 
close to the coast of Long Island Sound and in such a densely populated 
State as the State of Connecticut.
  After securing the go-ahead for a wild and scenic river study 
approved by this Congress in 2001, local officials and advocates 
decided early on to base the study on a watershed approach, rather than 
looking at specific areas of the river.
  The wild and scenic study identified six outstanding resource values 
including its watershed ecosystem, natural communities, and cultural 
landscape. It concluded that the 25 miles of the meandering Eightmile 
River should be recommended for designation as ``scenic'' under the 
Wild and Scenic Rivers Act.
  A management plan was approved by the three towns of East Haddam, 
Salem, and Lyme. And as I mentioned earlier, the General Assembly in 
Connecticut also joined in support for that management plan. And I will 
enter into the Record letters submitted by the First Selectmen of Salem 
and East Haddam, again bipartisan letters of support for this measure 
dated within the last about 48 hours or so.

                                               Selectmen's Office,
                                    East Haddam, CT, July 6, 2007.
     An Act Concerning Designation of the Eightmile River 
         Watershed within the National Wild and Scenic River 
         System.

     Hon. Joseph Courtney,
     Congressman, Second District,
     Norwich, CT.
       Dear Congressman Courtney: Thank you for your time and 
     efforts in this important matter. I am writing to reassure 
     you that the citizens and elected officials of East Haddam 
     are overwhelmingly in favor of Wild & Scenic designation.
       Over ten years ago my predecessor, along with the First 
     Selectmen from Lyme and Salem signed the Eightmile River 
     Watershed Conservation Compact. That inter-municipal 
     agreement represented East Haddam's commitment to a regional 
     project that our town has participated in and endorsed 
     widely. The Compact states: ``We understand that 1) land use 
     in our towns is the key determinant to the health of the 
     Watershed's natural resources; 2) a healthy watershed 
     ecosystem is consistent with our town goals of promoting a 
     healthy community, preserving rural character, and nurturing 
     suitable economic growth.''
       This broad view of the Eightmile River Watershed including 
     its rural character, economic well being and intact natural 
     resources has led to a heightened awareness and concern for 
     this fragile system by a broad spectrum of town residents. 
     Over the 12 years of East Haddam's participation in the 
     Eightmile work, I have heard of only a small number of 
     individuals who oppose the project. We have overwhelming 
     support from the business community and private citizens 
     alike. In fact, our river front landowners are some of the 
     strongest advocates--they deeply understand the risks that 
     unchecked development and sprawl will have on the river in 
     their own back yards. The town has also taken measures to 
     protect much of the open space in the watershed area.
       Thanks again for your time and attention to our pristine 
     Eightmile Watershed.
           Sincerely,
                                                      Brad Parker,
     First Selectman.
                                  ____



                               The Town of Salem, Connecticut,

                                                     July 9, 2007.
     Hon. Joseph Courtney,
     Washington, DC.
       Dear Congressman Courtney: As First Selectman for the Town 
     of Salem I would

[[Page H7443]]

     like to reiterate Salem's strong commitment to protecting and 
     preserving the Eight Mile River and the surrounding 
     watershed. Resources such as this are critically important to 
     the health and well being of all residents in this part of 
     southeastern Connecticut, and need to be recognized for their 
     intrinsic value.
       Federal designation as a Wild and Scenic River is an 
     important part of preserving this natural resource. The Town 
     of Salem is pleased that you have chosen to sponsor this 
     effort and guide it through the legislative process. Thank 
     you, and if we can be of any additional assistance in support 
     of your efforts, please do not hesitate to contact us.
           Sincerely,
                                                   R. Larry Reitz,
                                                  First Selectman.

  Mr. Speaker, as I said from the beginning, this is a locally driven 
effort, and over the course of this study there were forums, mailings, 
public meetings, and even a local land use commissioners summit, which 
demonstrated broad bipartisan support for the legislation.
  Although located in a rural area of Connecticut, the watershed is no 
less susceptible to unchecked growth and development. But it is 
important, and, again, this I know was raised by the minority, to 
emphasize that the bill before us today preserves the rights of 
landowners. Section 2(g)(2) specifically prohibits the use of eminete 
domain-type powers for this system. And, again, we have experience in 
Connecticut with the Farmington River Wild and Scenic designation to 
know that that language is, in fact, a barrier for any kind of 
unwarranted intrusion by the Federal Government over private property 
rights. And, again, the amendment, which Mr. Sarbanes referred to, in 
the subcommittee, if anything, beefed up that protection to make sure 
that any concerns which may exist about involuntary takings are 
addressed in this legislation.
  Mr. Speaker, the Wild and Scenic Rivers Act will next year celebrate 
its 40th year of successful environmental stewardship in this country. 
And it is important to add the Eightmile, a river with unique, intact 
natural resources, to the list of important rivers protected under this 
act. Designation as a member of the wild and scenic river system would 
facilitate long-term coordination among the towns within the watershed 
and increase local commitment to long-term river protection.
  The entire Connecticut delegation is supportive of this endeavor; and 
to my colleagues in the House, I ask them to join me in support of this 
legislation. And, again, I thank Mr. Sarbanes for his support.
  Mr. COLE of Oklahoma. Mr. Speaker, I yield back the balance of my 
time.
  Mr. SARBANES. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Sarbanes) that the House suspend the rules 
and pass the bill, H.R. 986, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. McHENRY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________