[Senate Report 107-75]
[From the U.S. Government Publishing Office]
Calendar No. 177
107th Congress Report
SENATE
1st Session 107-75
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EIGHTMILE RIVER WILD AND SCENIC RIVER STUDY ACT OF 2001
_______
October 1, 2001.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 182]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 182) to amend the Wild and Scenic Rivers
Act to designate a segment of the Eightmile River in the State
of Connecticut for study for potential addition to the National
Wild and Scenic Rivers System, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the Act do pass.
Purpose
H.R. 182 amends the Wild and Scenic Rivers Act to designate
a segment of the Eightmile River in Connecticut for study for
potential addition to the National Wild and Scenic Rivers
System.
Background and Need
The Eightmile River flows within the lower Connecticut
River watershed in south central Connecticut. Fifteen miles of
the river and its East Branch are included in the National Park
Service's Nationwide Rivers Inventory of potential Wild and
Scenic River segments. The Inventory has included this area for
its outstanding scenery, geology, and fish and wildlife. Over
80 percent of the Connecticut River tract is still forested and
provides habitat for a diverse assemblage of species, including
bobcats, great horned owls, red foxes, and the cerulean
warbler.
There appears to be strong local support for protecting the
Eightmile River system. For example, the local communities of
Lyme, East Haddam and Salem have signed an innovative
``Eightmile River Watershed Conservation Compact,'' proclaiming
their commitment to protect and enhance water resources,
wildlife habitats, and rural landscapes in the watershed.
Legislative History
H.R. 182, sponsored by Representative Simmons, passed the
House of Representatives by a voice vote on May 1, 2001. S.
513, the Senate companion measure, was introduced by Senators
Dodd and Lieberman on March 12, 2001. The Subcommittee on
National Parks held a hearing on both bills on July 17, 2001.
At its business meeting on August 2, 2001, the Committee on
Energy and Natural Resources ordered H.R. 182 favorably
reported without amendment.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on August 2, 2001, by a voice vote of a
quorum present, recommends that the Senate pass H.R. 182 as
described herein.
Section-by-Section Analysis
Section 1 designates the bill's short title as the
``Eightmile River Wild and Scenic River Study Act of 2001.''
Section 2 contains congressional findings.
Section 3 amends section 5(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(a)) to designate a segment of the Eightmile
River from its headwaters downstream to its confluence with the
Connecticut River for study for potential addition to the Wild
and Scenic Rivers System.
Section 4 amends section 5(b) of the Wild and Scenic Rivers
Act (16 U.S.C. 1276(b)) to direct the Secretary of the Interior
to complete the study named in the previous section within 3
years after the date of the enactment and to submit to Congress
a report describing the results of the study.
Section 5 authorizes the appropriation of such sums as may
be necessary to carry out this Act.
Cost and Budgetary Considerations
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 7, 2001.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 182, the Eightmile
River Wild and Scenic River Study Act of 2001.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
H.R. 182--Eightmile River Wild and Scenic River Study Act of 2001
H.R. 182 would direct the Secretary of the Interior to
study a segment of the Eightmile River in Connecticut for
potential addition to the Wild and Scenic Rivers System. The
legislation would require the Secretary to complete the study
within three years of enactment. Based on information from the
National Park Service, CBO estimates that carrying out the
study would cost $100,000 a year over the next three years,
assuming availability of the necessary funding. Because
enacting H.R. 182 would not affect direct spending or receipts,
pay-as-you-go procedures would not apply.
H.R. 182 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On March 30, 2001, CBO transmitted a cost estimate for H.R.
182 as ordered reported by the House Committee on Resources on
March 28, 2001. The two versions of the legislation are similar
and the estimated costs are the same.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Robert A. Sunshine, Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 182. The Act is not a regulatory measure in
the sense of imposing government-established standards or
significant responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 182.
Executive Communications
On July 27, 2001, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on H.R. 182. These
reports had not been received at the time this report was
filed. The testimony provided by the National Park Service at
the Subcommittee hearing follows:
Statement of John G. Parsons, Associate Regional Director, Lands,
Resources, and Planning, National Capital Region, National Park
Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before you today to discuss the views of the Department of the
Interior on S. 513 and H.R. 182 as passed by the House. These
bills would amend the Wild and Scenic Rivers Act by designating
segments of the Eightmile River for study and potential
addition to the Wild and Scenic Rivers System.
Although the Department supports enactment of both pieces
of legislation, we will not request funding for this study in
this or the next fiscal year, so as to focus available time and
resources on completing previously authorized studies. As of
now, there are 41 authorized studies that are pending, and we
only expect to complete a few of those this year. We caution
that our support of this legislation authorizing a study does
not necessarily mean that the Department will support
designation of these segments as additions to the Wild and
Scenic Rivers System. The Administration is determined to
eliminate the deferred maintenance backlog in national parks,
but the cost of new parks or other commitments, such as grants
for Wild and Scenic Rivers, could divert funds from taking care
of current responsibilities. Furthermore, in order to better
plan for the future of our National Parks, we believe that any
such studies should carefully examine the full life cycle
operation and maintenance costs that would result from each
alternative considered.
The Eightmile River is located in the lower Connecticut
River watershed in south central Connecticut. Fifteen miles of
the Eightmile River and its East Branch through the communities
of Lyme, East Haddam, and Salem, Connecticut are included on
the National Park Service's Nationwide Rivers Inventory of
potential Wild and Scenic River segments. Both segments are
included on the inventory for outstanding scenic, geologic,
fish and wildlife values. Over eighty 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 the cerulean warbler.
Over the course of the past two years, the National Park
Service has responded to interest and inquiries from local
advocates and town officials regarding a potential Wild and
Scenic River study for the Eightmile River. There appears to be
strong local support for protecting the river system, as
evidenced by the communities' formation of an intermunicipal
watershed committee and the signing of an innovative
``Eightmile River Watershed Conservation Compact.'' This
compact, signed by the communities of East Haddam, Lyme and
Salem, acknowledges their commitment to protect and enhance
water resources, wildlife habitats, and rural landscapes in the
watershed.
A study of a river to determine if it meets the criteria
for designation of a wild and scenic river is the necessary
first step to designating a river or a portion of a river as a
unit of the National Wild and Scenic Rivers System. The
Department recognizes that any study of the Eightmile River
should be evaluated in concert with all interested stakeholders
at the local level. A study of the river from the confluence
with the Connecticut to the headwaters of the mainstem and East
Branch has strong local support.
The Eightmile River Watershed Committee has built a
substantial foundation for the development of river management
strategies that rely on state and local conservation measures
to protect the river and its resources. Any National Park
Service assistance would be contingent on the availability of
funding and National Park Service priorities. The Department
will work closely with local communities before any action is
taken by the National Park Service on the two segments of the
river.
This concludes my prepared remarks, Mr. Chairman. I will be
happy to answer any questions you or other committee members
may have regarding this bill.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the Act H.R. 182, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
WILD AND SCENIC RIVERS ACT
(Public Law 90-542; 16 U.S.C. 1271 et seq.)
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That
* * * * * * *
Sec. 5. (a) The following rivers are hereby designated for
potential addition to the national wild and scenic rivers
system:
(1) * * *
* * * * * * *
(138) Eightmile River, Connecticut.--The segment from
its headwaters downstream to its confluence with the
Connecticut River.
(b)(1) * * *
* * * * * * *
(18) The study of the Eightmile River, Connecticut, named
in paragraph (138) of subsection (a) shall be completed by the
Secretary of the Interior and the report thereon submitted to
Congress not later than 3 years after the date of the enactment
of this paragraph.
* * * * * * *