[Senate Report 110-94]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 224
110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-94
======================================================================
 
                  EIGHTMILE WILD AND SCENIC RIVER ACT

                                _______
                                

                 June 26, 2007.--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 S. 553]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 553) 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, reports favorably thereon without amendment and 
recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 553 is to designate approximately 25 
miles of the Eightmile River and its tributaries in Connecticut 
as a component of the National Wild and Scenic Rivers System, 
to be administered by the Secretary of the Interior.

                          Background and Need

    The Eightmile River is located in the lower Connecticut 
River watershed in south central Connecticut. Its name comes 
from the fact that the river is located eight miles from the 
mouth of the Connecticut River. 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. In addition to those values, the river has 
outstandingly remarkable water quality, hydrologic and cultural 
resource 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.
    Public Law 107-65, the Eightmile Wild and Scenic River 
Study Act of 2001, authorized a study of the Eightmile River 
for potential inclusion in the National Wild and Scenic Rivers 
System. As a part of the study, the National Park Service 
worked with the communities of Lyme, East Haddam, and Salem, 
Connecticut, the State of Connecticut, and local conservation 
interests to study the natural and cultural resources of the 
Eightmile River and develop a management plan to conserve those 
special values. The resulting Eightmile River Watershed 
Management Plan was brought before special town meetings in 
each of the communities and was overwhelmingly supported by the 
public, as was the plan's recommendation for Wild and Scenic 
River designation.
    While the final version of the study is still under review 
in the Department of the Interior, it has preliminarily 
concluded that the proposed segments of the Eightmile River and 
its tributaries are eligible for inclusion into the National 
Wild and Scenic Rivers System because of their free-flowing 
nature and outstandingly remarkable scenic, geologic, fish and 
wildlife values.
    S. 553 would implement the environmentally preferred 
alternative contained in the draft study report. The report 
highlights a watershed ecosystem that is unique within the 
State of Connecticut in terms of its intact hydrology, water 
quality and ecosystem health. The National Park Service has 
indicated that it does not anticipate making any changes in the 
study recommendations based on public comments.
    Once designated, the Eightmile River will be administered 
as a partnership wild and scenic river, similar to other recent 
designations in the northeast, including the Farmington River 
in Connecticut and the Musconetcong River in New Jersey. This 
approach emphasizes local and state management solutions, and 
has proven effective as a means of protecting outstandingly 
remarkable natural, cultural and recreational resource values 
without the need for direct Federal management or land 
acquisition.

                          Legislative History

    S. 553 was introduced by Senators Dodd and Lieberman on 
February 12, 2007. The Subcommittee on National Parks held a 
hearing on the bill on May 15, 2007.
    At its business meeting on May 23, 2007, the Committee on 
Energy and Natural Resources ordered S. 553 to be favorably 
reported without amendment.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 23, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass S. 553.

                      Section-by-Section Analysis

    Section 1 contains the short title, the ``Eightmile Wild 
and Scenic River Act.''
    Section 2(a) contains congressional findings.
    Subsection (b) defines key terms used in the bill.
    Subsection (c) amends section 3(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)) to designate approximately 25 
miles of the Eightmile River in Connecticut as part of the 
National Wild and Scenic River System. The river segments would 
be designated as ``scenic rivers'' under the Wild and Scenic 
Rivers Act.
    Subsection (d) states that the Secretary of the Interior 
shall manage the Eightmile River in accordance with Eightmile 
River Watershed Management Plan prepared by the Eightmile River 
Wild and Scenic Study Committee.
    Subsection (e) provides that the Secretary shall coordinate 
management responsibilities for the river with the Eightmile 
River Coordinating Committee.
    Subsection (f) authorizes the Secretary to enter into 
cooperative agreements with the State of Connecticut, the towns 
of Salem, Lyme, and East Haddam, and appropriate local planning 
and environmental organizations.
    Subsection (g) clarifies that notwithstanding section 10(c) 
of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the 
Eightmile River shall not be considered as part of the National 
Park System and not subject to National Park Service 
regulations.
    Subsection (h) provides that local zoning ordinances in 
effect as of December 8, 2005, shall satisfy the requirements 
under section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 
1277(c)). The subsection also prohibits acquisition of land by 
condemnation and limits Federal acquisition to purchase from 
willing sellers or by donation.
    Subsection (i) recognizes several named tributaries of the 
Eightmile River as integral to the protection and enhancement 
of the Eightmile River watershed, in furtherance of the 
watershed approach to resource protection and enhancement set 
out in the management plan.
    Subsection (j) authorizes the appropriation of such sums as 
are necessary to carry out this Act.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 30, 2007.
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 S. 553, the Eightmile 
Wild and Scenic River Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

S. 553--Eightmile Wild and Scenic River Act

    S. 553 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 provided by 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 S. 553 would not affect direct spending 
or revenues.
    The bill 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 May 11, 2007, CBO transmitted a cost estimate for H.R. 
986, the Eightmile Wild and Scenic River Act, as ordered 
reported by the House Committee on Natural Resources on May 2, 
2007. The two bills are very similar, and the cost estimates 
are identical.
    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. 553. 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. 553, as ordered reported.

                        Executive Communications

    The testimony provided by the National Park Service at the 
May 15, 2007 Subcommittee hearing on S. 553 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee today to discuss the views of the 
Department of the Interior on S. 553, a bill to amend the Wild 
and Scenic Rivers Act by designating segments of the Eightmile 
River and its tributaries as components of the Wild and Scenic 
Rivers System.
    The Department supports enactment of this legislation.
    S. 553 would designate 25.3 miles of the Eightmile River 
and its tributaries as part of the Wild and Scenic Rivers 
System, administered by the Secretary of the Interior. The 
River would be managed in accordance with the Eightmile River 
Watershed Management Plan with the Secretary coordinating with 
the Eightmile River Coordinating Committee. The bill authorizes 
the Secretary to enter into cooperative agreements with the 
State of Connecticut, the towns of Lyme, East Haddam, and 
Salem, Connecticut, and appropriate local planning and 
environmental organizations.
    The Eightmile River is located in the lower Connecticut 
River watershed in south central Connecticut. Its name comes 
from the fact that the river is located eight miles from the 
mouth of the Connecticut River. 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. In addition to those values, the draft report also 
documents outstandingly remarkable water quality, hydrologic, 
and cultural resource 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.
    P.L. 107-65, the Eightmile Wild and Scenic River Study Act 
of 2001, authorized a study of the Eightmile River for 
potential inclusion in the Wild and Scenic Rivers System. As a 
part of the study, the National Park Service worked with the 
communities of Lyme, East Haddam, and Salem, Connecticut; the 
State of Connecticut; The Nature Conservancy; and local 
conservation interests to study the natural and cultural 
resources of the Eightmile River and develop a management plan 
to conserve those special values. The resulting Eightmile River 
Watershed Management Plan (December, 2005) was brought before 
special town meetings in each of the communities and was 
overwhelmingly supported by the public, as was the plan's 
recommendation to seek Wild and Scenic River designation. While 
the study is still under final Departmental review, it has 
preliminarily concluded that the proposed segments of the 
Eightmile River and its tributaries are eligible for inclusion 
into the National Wild and Scenic Rivers System because of 
their free-flowing nature and outstandingly remarkable scenic, 
geologic, fish and wildlife values.
    S. 553 would implement the environmentally preferred 
alternative contained in the draft study report, which was 
released for public review and comment in July 2006. This draft 
report highlights a watershed ecosystem that is unique within 
the State of Connecticut in terms of its intact hydrology, 
water quality and ecosystem health. The commitment of local, 
state and nongovernmental partners is also exemplary. Having 
already been through a local town meeting process, only one 
comment was received on the draft report--a letter of support 
from the State Park Director for the State of Connecticut. 
Consequently, while the study and the accompanying Finding of 
No Significant Impact (FONSI) document has not been finalized, 
the National Park Service does not anticipate making any 
changes in the study recommendations based on public comments.
    If S. 553 is enacted, the Eightmile River will be 
administered as a partnership wild and scenic river, similar to 
other recent designations in the northeast, including the 
Farmington River in Connecticut and the Musconetcong River in 
New Jersey. This approach emphasizes local and state management 
solutions, and has proven effective as a means of protecting 
outstandingly remarkable natural, cultural and recreational 
resource values without the need for direct federal management 
or land acquisition.
    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 bill S. 553 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)


                        [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 (a) 
this Act may be cited as the ``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:
          (167) White Salmon River, Washington.--

           *       *       *       *       *       *       *

          (168) Black Butte River, California.--

           *       *       *       *       *       *       *

          [(167)] (169) Musconetcong River, New Jersey.--

           *       *       *       *       *       *       *

          (170) Eightmile River, Connecticut.--The following 
        segments in the Eightmile River in the State of 
        Connecticut, totaling approximately 25.3 miles, to be 
        administered by the Secretary of the Interior:
                  (A) The 10.8-mile segment of the main stem of 
                the Eightmile River, from Lake Hayward Brook to 
                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 from Witch Meadow Road 
                to the main stem of the Eightmile River, as a 
                scenic river.
                  (C) The 3.9-mile segment of Harris Brook from 
                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 
                the East Branch of the Eightmile River, as a 
                scenic river.
                  (D) The 1.9-mile segment of Beaver Brook from 
                Cedar Pond Brook to the main stem of the 
                Eightmile River, as a scenic river.
                  (E) The 0.7-mile segment of Falls Brook from 
                Tisdale Brook to the main stem of the Eightmile 
                River at Hamburg Cove, as a scenic river.

                                  
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