[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.
____________________