[Senate Report 109-189]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 308
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-189

======================================================================



 
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.

           *       *       *       *       *       *       *


                                  
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