[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.

           *       *       *       *       *       *       *


                                  
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