[House Report 110-220]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-220
======================================================================
 
                  EIGHTMILE WILD AND SCENIC RIVER ACT

                                _______
                                

 July 10, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 986]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred 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, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Eightmile Wild and Scenic River Act''.

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).

                          Purpose of the Bill

    The purpose of H.R. 986 is 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.

                  Background and Need for Legislation

    In 2001, Congress enacted the Eightmile River Wild and 
Scenic River Study Act (P.L. 107-65), authorizing a study of 
the river from its headwaters to its confluence with the 
Connecticut River near Hamburg, CT.
    As a result of that law, a local study committee was 
organized, with members including local selectmen and 
representatives of land use commissions, area land trusts, a 
regional planning agency, the USDA's Natural Resource 
Conservation Service, the state Department of Environmental 
Protection, and The Nature Conservancy. The committee was 
coordinated and staffed by the National Park Service.
    On July 17, 2006, the National Park Service released a 
draft study report, which deemed portions of the river and its 
tributaries eligible and suitable for designation under the 
Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
    Specifically, the study determined that 25.3 miles of the 
river and selected tributaries are eligible for designation, 
citing six ``outstandingly remarkable'' values such as an 
intact watershed with a natural flow, very high water quality 
with few current sources of degradation, unusual regional 
geological features including an unusual alignment of bedrock, 
large numbers of rare plants and animals and significant 
natural communities, few invasive species, and extensive forest 
cover.
    The study cites strong local support, the existence of an 
appropriate management framework and state and local land use 
controls among the factors that make the river suitable for 
designation, and notes that conservation land ownership and 
topography also help provide adequate long-term protection for 
the watershed. The study recommends designating the various 
segments as ``scenic.''
    The study also recommends that the designated segments be 
managed through a partnership agreement as envisioned in 
section 10(e) of the Wild and Scenic Rivers Act, and the study 
committee produced a management plan (dated Dec. 8, 2005) for 
the watershed.
    H.R. 986 would implement the recommendations of the study. 
The bill designates 25.3 miles of the Eightmile River and its 
tributaries in Connecticut as a national scenic river. The bill 
also directs that the designated segments be managed according 
to that plan and any amendments that the Interior Secretary 
determines to be consistent with the bill.

                            Committee Action

    H.R. 986 was introduced on February 12, 2007 by 
Representative Joe Courtney (D-CT). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests and Public Lands.
    The Subcommittee held a hearing on H.R. 986 on April 17, 
2007 and met on April 19, 2007 to mark up the legislation.
    At the subcommittee markup Representative Rob Bishop (R-UT) 
offered an amendment to forbid condemnation of lands or 
interests in land within the authorized boundaries of the 
Eightmile River as described in the bill. The amendment also 
would have deleted a reference to section 6(c) of the Wild and 
Scenic Rivers Act. That language permits the Secretary of the 
Interior to acquire lands by condemnation unless local 
ordinances are deemed sufficient to protect the river. As 
introduced, H.R. 986 would have deemed existing local 
ordinances to satisfy section 6(c).
    Chairman Raul Grijalva (D-AZ) offered a second degree 
amendment to deem the zoning ordinances adopted by the towns of 
Salem, East Haddam and Lyme to satisfy section 6(c) of the Act 
and limit the Secretary's acquisition authority to lands that 
are donated or bought from willing sellers.
    The Subcommittee adopted the Grijalva amendment by voice 
vote and then agreed to the Bishop amendment, as amended, also 
by voice vote. The bill, as amended, was then favorably 
reported to the Full Committee, also by voice vote.
    On May 2, 2007, the full Natural Resources Committee met to 
consider the bill and agreed to consider a committee print 
incorporating the subcommittee amendment as original text.
    Representative Bishop offered an amendment to forbid the 
use of federal funds to condemn land to carry out the purposes 
of the bill. The amendment was not adopted by a roll call vote 
of 9 yeas to 17 nays, as follows:


    The bill, as amended, was then ordered favorably reported 
to the House of Representatives by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    Provides that this Act may be cited as the ``Eightmile Wild 
and Scenic River Act''.

Section 2. Wild and scenic river designation, Eightmile River, 
        Connecticut

    Subsection (a) contains findings about the Eightmile River.
    Subsection (b) designates segments of the main stem and 
specified tributaries of the Eightmile River, totaling 25.3 
miles, to be administered by the Secretary of the Interior as 
follows:
      A 10.8-mile segment of the main stem, from its confluence 
with Lake Hayward Brook to its confluence with the Connecticut 
River at the mouth of Hamburg Cove, as a scenic river.
      An 8.0-mile segment of the East Branch of the Eightmile 
River starting at Witch Meadow Road to the confluence with the 
main stem of the Eightmile River, as a scenic river.
      A 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.
      A 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.
      A 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.
    Subsection (c) directs that the designated segments 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 subsection also deems that the plan satisfies the 
requirements of section 3(d) of the Wild and Scenic Rivers Act 
for a comprehensive management plan.
    Subsection (d) directs the Secretary of the Interior to 
coordinate management responsibilities with the Eightmile River 
Coordinating Committee.
    Subsection (e) permits the Secretary of the Interior to 
enter into cooperative agreements under sections 10(e) and 
11(b)(1) of the Wild and Scenic Rivers Act with the State of 
Connecticut, the towns of Salem, Lyme, and East Haddam, 
Connecticut, and appropriate local planning and environmental 
organizations.
    Subsection (f) asserts that the Eightmile River shall 
neither be administered as part of the National Park System nor 
be subject to regulations which govern the National Park 
System.
    Subsection (g) deems 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, to satisfy the 
standards and requirements of section 6(c) of the Wild and 
Scenic Rivers Act. Further, the subsection directs that those 
towns shall be deemed ``villages'' under the Act, and that the 
provisions of the Act prohibiting federal acquisition of land 
by condemnation shall apply to the segments designated by the 
bill. The subsection further states that the authority of the 
Secretary to acquire lands for purposes of the bill shall be 
limited to lands acquired by donation or from willing sellers.
    Subsection (h) recognizes the tributaries--twenty listed 
brooks and all other perennial streams--within the Eightmile 
River watershed as integral to the protection and enhancement 
of the river and its watershed.
    Subsection (i) authorizes such sums as are necessary to 
carry out the bill.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to designate certain segments of the 
Eightmile River in the State of Connecticut as components of 
the National Wild and Scenic Rivers System.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 986--Eightmile Wild and Scenic River Act

    H.R. 986 would designate a 25-mile portion of the Eightmile 
River in Connecticut as a scenic river under the Wild and 
Scenic Rivers Act. Based on information from the National Park 
Service, CBO estimates that the proposed designation would not 
significantly affect the agency's administrative or land-
management costs, which are subject to appropriation. Enacting 
H.R. 986 would not affect direct spending or revenues.
    H.R. 986 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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 986 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                       WILD AND SCENIC RIVERS ACT




           *       *       *       *       *       *       *
    Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
    (1)  * * *

           *       *       *       *       *       *       *

    (_) 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.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    We oppose H.R. 986 in its current form and urge the 
Majority to adopt our amendment to protect the private property 
rights of ``Mom and Pop'' landowners within the river corridor.
    H.R. 986, as introduced, made a tepid attempt to prohibit 
condemnation of private property by the National Park Service. 
Thus, Congressman Rob Bishop proposed an amendment to 
strengthen the bill, believing it was imperative to have iron-
clad property rights protections--especially in the 
Congressional district where the historic U.S. Supreme Court 
case Kelo v. City of New London originated.
    The Majority is willing to expose the private property 
rights of ``Mom and Pop'' landowners within this river corridor 
to language that identifies a point in time, more than two 
years ago, when local zoning regulations were deemed to satisfy 
a requirement in the Wild and Scenic Rivers Act that prohibits 
condemnation. Since H.R. 986 is silent on what the Secretary of 
the Interior's authority will be when these same regulations 
are locally amended, it may trigger the National Park Service's 
ability to condemn land within the river corridor.
    H.R. 986 was rushed to subcommittee markup approximately 52 
hours following the legislative hearing and before follow-up 
questions could be answered by the National Park Service or 
even before a transcript was made available. No comprehensible 
reason was given for this sense of urgency, which clearly 
impairs the legislative process.
    As noted above, Congressman Rob Bishop offered an amendment 
at the subcommittee markup that strictly prohibited the 
National Park Service from acquiring land by condemnation, but 
allowing the purchase of land or the Park Service to accept 
donated lands. Subcommittee Chairman Grijalva then offered a 
substitute amendment to the Bishop amendment to reinsert 
convoluted legislative language in the bill that does nothing 
to prohibit condemnation.
    At the Full Committee markup, Congressman Bishop attempted 
again to add language to protect the rights of private property 
owners by prohibiting the use of federal funds to condemn land 
within the river corridor. While the Majority acknowledged that 
the Bishop language would accomplish its goals, it stubbornly 
lamented it would be ``redundant'' to its convoluted language 
in the bill. We believe strongly that protection of private 
property rights, which were considered so sacred by our 
Founding Fathers to be included in the Bill of Rights, should 
never be considered ``redundant.''
    History shows that the mere threat of condemnation is the 
hammer used to force middle-class landowners into becoming 
``willing sellers'' to federal agencies. These hard working and 
Godfearing folks do not have the time and money to counter 
high-priced lawyers working for the U.S. Department of Justice. 
As a result, they never show up in the U.S. Department of 
Justice statistics entitled ``condemnation cases by agency.''
    H.R. 986 will expose the private property owners along the 
river and throughout the watershed to strict regulations that 
amount to down-zoning. One of these regulations puts a cap on 
the amount of impervious surfaces in the watershed. If a 
property owner within the watershed had plans to add a room to 
his home, the roof would constitute an impervious surface and 
he will be barred from construction. Another regulation would 
prohibit simple landscaping because the land may be in a 
riparian corridor and will have to remain in its ``natural 
native condition.'' These are just two examples of regulations 
found in the management plan this bill gives a Congressional 
blessing to.
    H.R. 986 should come before the House under a fair and open 
process that allows it to be amended to protect the private 
property rights of ``Mom and Pop'' landowners.

                                   Rob Bishop (UT).
                                   Louie Gohmert.
                                   Jeff Flake.
                                   Tom Cole.
                                   Chris Cannon.
                                   Stevan Pearce.
                                   Bill Shuster.
                                   Don Young.
                                   Dean Heller.
                                   Henry E. Brown, Jr.
                                   Doug Lamborn.
                                   John J. Duncan, Jr.
                                   Bill Sali.
                                   Cathy McMorris Rodgers.

                                  
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