[Senate Report 109-189]
[From the U.S. Government Publishing Office]
Calendar No. 308
109th Congress Report
SENATE
1st Session 109-189
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LOWER FARMINGTON RIVER AND SALMON BROOK WILD AND SCENIC RIVER STUDY ACT
OF 2005
_______
December 8, 2005.--Ordered to be printed
Filed under authority of the order of the Senate of November 18, 2005
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 435]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 435) to amend the Wild and Scenic Rivers
Act to designate a segment of the Farmington River and Salmon
Brook 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 with an amendment and recommends that the bill, as
amended, do pass.
The amendment is as follows:
On page 2, line 17, strike ``of enactment of'' and insert
``on which funds are made available to carry out''.
Purpose of the Measure
The purpose of S. 435 is to amend the Wild and Scenic
Rivers Act to designate approximately 40 miles of the lower
Farmington River and Salmon Brook in Connecticut for study for
potential addition to the National Wild and Scenic River
System.
Background and Need
S. 435 authorizes a feasability study to evaluate whether
the lower Farmington River and Salmon Brook, a major tributary,
qualify for designation as part of the National Wild and Scenic
Rivers System. The lower Farmington River is defined as the 40-
mile stretch from the end of the existing wild and scenic
section in Canton to the confluence with the Connecticut River
in Windsor. A feasability study of the lower Farmington River
and Salmon Brook is the first step toward ``wild and scenic''
designation for the two waterways.
The 14 miles of the Farmington River's West Branch,
designated as a Wild and Scenic Partnership River in 1994, is a
resounding environmental and economic success story.
Partnership designation for the West Branch has fostered
public-private partnerships to preserve the area's environment
and heritage while yielding economic benefits to river towns.
The West Branch of the river is home to trout, river otter,
and bald eagle populations, and historic structures still grace
its banks. Fishermen, hikers, canoeists, and kayakers enjoy the
river and its banks year-round. In addition, a 2003 study by
North Carolina State University found that partnership
designation resulted in millions in economic activity and
increased property values in the river towns of Barkhamsted,
Canton, Colebrook, Hartland, and New Hartford.
Congress created the National Wild and Scenic Rivers System
in 1968 to preserve the character of wild, scenic, or
recreational rivers and their immediate environments, as well
as to ensure the free-flowing condition of these rivers. Some
rivers within the Wild and Scenic Rivers System are managed
cooperatively between the Federal Government and a local
management entity. The previously designated stretch of the
Farmington River is one of 14 such partnership rivers.
According to the National Park Service, the Partnership Wild
and Scenic Rivers program, ``helps communities preserve and
manage their own river-related resources locally by bringing
together State, county, and community managers to preserve the
outstanding and remarkable values for which the rivers were set
aside.''
Legislative History
S. 435 was introduced by Senators Dodd and Lieberman on
February 17, 2005. The Subcommittee on National Parks held a
hearing on S. 435 on September 22, 2005. Similar legislation,
S. 2663, was introduced by Senators Dodd and Lieberman in the
108th Congress.
At its business meeting on November 16, 2005, the Committee
on Energy and Natural Resources ordered S. 435 favorably
reported as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on November 16, 2005, by a unanimous voice of
a quorum present, recommends that the Senate pass S. 435 if
amended as described herein.
Committee Amendment
During the consideration of S. 435, the Committee adopted
an amendment to clarify the time period for the completion of
the study.
Section-by-Section Analysis
Section 1 entitles the bill the ``Lower Farmington River
and Salmon Brook Wild and Scenic River Study Act of 2005.''
Section 2(a) designates additional segments of the
Farmington River and Salmon Brook in Connecticut for study for
potential addition to the National Wild and Scenic Rivers
System. The segments to be added are described as the
Farmington River downstream from the segment designated as a
recreational river to its confluence with the Connecticut
River, and the segment of the Salmon Brook including its
mainstream and east and west branches.
Subsection (b) requires the Secretary of the Interior to
submit the results of the study to Congress no later than 3
years after the date on which funds are made available to carry
out the Act.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
November 23, 2005.
Hon. Pete V. Domenici,
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 S. 435, the Lower
Farmington River and Salmon Brook Wild and Scenic River Study
Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 435--Lower Farmington River and Salmon Brook Wild and Scenic River
Study Act of 2005
S. 435 would require the National Park Service to study a
segment of the Farmington River and a segment of the Salmon
Brook in Connection for potential addition to the Wild and
Scenic Rivers System. CBO estimates that implementing S. 435
would cost about $200,000 over the next 3 years, assuming the
availability of appropriated funds. Enacting S. 435 would not
affect revenues or direct spending.
This legislation 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.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
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 S. 435. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic 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 S. 206, as ordered reported.
Executive Communications
The views of the Administration on S. 435 were included in
testimony received by the Committee at a hearing on the bill on
September 22, 2005 as follows:
Statement of Janet Matthews, Associate Director for Cultural Resources,
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. 435, a bill to amend the Wild and Scenic Rivers
Act to designate a segment of the Farmington River and Salmon
Brook for study for potential addition to the National Wild and
Scenic Rivers System. The Department supports enactment of this
legislation with one technical amendment.
While the Department supports the authorization of this
study, it is important that future funding requests go towards
completing previously authorized studies. There are currently
25 studies in progress, and we hope to complete and transmit 6
to Congress by the end of 2005. Therefore, the Department will
focus the funding provided towards completing these studies.
S. 435 presents the opportunity to build from the success
of the Upper Farmington River, which was designated a component
of the National Wild and Scenic Rivers System in 1994. At that
time, the partnership-based model of Wild and Scenic River
designations, with a limited Federal role and no Federal land
acquisition authority, was essentially an experiment. Now, 11
years later, it is a testament to the success of that
partnership approach that the Lower Farmington and Salmon Brook
communities, the State of Connecticut, and the Farmington River
Watershed Association have all come together to seek a similar
study.
The portion of the Farmington River under consideration
runs approximately 40 miles from the Upper Farmington's
downstream endpoint to the Connecticut River. The Lower
Farmington has its own distinct character that compliments the
``outstandingly remarkable'' fish, wildlife, historic and
recreational resources that qualified the upper river for
designation. A notable historic feature, the Farmington Canal,
served as an important regional transportation link from its
opening in 1825 until the mid-1840's when railroad tracks were
laid upon its obsolete towpath. Today, much of this feature is
being converted into a recreational multi-use path and
greenway, providing outstanding access to recreational, scenic
and historic attributes of the river valley.
In July 2005, results of a U.S. Fish and Wildlife Service
survey of the Lower Farmington and Salmon Brook uncovered what
is believed to be the State of Connecticut's largest
populations of the federally endangered dwarf wedgemussel
(Alasmidonta heterodon). Salmon Brook is a major tributary of
the Farmington River, and is well known for its outstanding
scenery and trout fishing.
It is significant that the communities and interest groups
associated with the Lower Farmington and Salmon Brook have had
the unique opportunity to observe and interact with the
National Park Service and the Farmington River Coordinating
Committee (created to oversee management of the Upper
Farmington Wild and Scenic segment) for more than 10 years. The
development of these relationships should facilitate the
completion of the study required by this legislation.
The Department suggests one amendment to S. 435. Section 2
of the bill requires that a report on results of the study be
submitted to the Senate and House authorizing committees no
later than three years after the date of enactment of the Act.
We believe it more feasible to provide that this occur no later
than three years after funds are made available based on the
number of studies currently being conducted by the Department.
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 are made
by the bill S. 435, 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; Approved October 2, 1968)
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes.
* * * * * * *
Sec. 5. (a) The following rivers are hereby designated for
potential addition to the national wild and scenic rivers
system.
* * * * * * *
(139) Lower Farmington River and Salmon Brook,
Connecticut.--The segment of the Farmington River downstream
from the segment designated as a recreational river by section
3(a)(156) to its confluence with the Connecticut River, and the
segment of the Salmon Brook including its mainstream and east
and west branches.
(b) Time for Submission.--Not later than 3 years after the
date of this Act, the Secretary of the Interior shall submit to
Congress a report containing the results of the study required
by the amendment made by subsection (a).
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
Act.
* * * * * * *