< Back to S. 3723 (109th Congress, 2005–2006)

Text of the Eightmile Wild and Scenic River Act

This bill was introduced on July 25, 2006, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 25, 2006 (Introduced).

Source: GPO

II

109th CONGRESS

2d Session

S. 3723

IN THE SENATE OF THE UNITED STATES

July 25, 2006

(for himself and Mr. Lieberman) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

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.

1.

Short title

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

2.

Wild and Scenic River designation, Eightmile River, Connecticut

(a)

Findings

Congress finds that—

(1)

the Eightmile River Wild and Scenic River Study Act of 2001 (Public Law 107–65; 115 Stat. 484) required the Secretary to complete a 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 that were assessed in the study continue to be in a free-flowing condition;

(3)

the segments of the Eightmile River contain outstanding resource values relating to—

(A)

cultural landscapes;

(B)

water quality;

(C)

watershed hydrology;

(D)

unique species;

(E)

natural communities;

(F)

geology; and

(G)

watershed ecosystems;

(4)

the Eightmile River Wild and Scenic Study Committee has determined that—

(A)

the outstanding resource values of those segments of the Eightmile River depend on the continued integrity and quality of the Eightmile River watershed;

(B)

those resource values that are manifested throughout the entire watershed; and

(C)

the continued protection of the entire watershed is intrinsically important to the designation of the Eightmile River under this Act;

(5)

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;

(6)

during the study, the Eightmile River Wild and Scenic Study Committee prepared the Eightmile River Management Plan to establish objectives, standards, and action programs to 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 land not owned by the United States;

(7)

the Eightmile River Wild and Scenic Study Committee—

(A)

voted in favor of including the Eightmile River in the National Wild and Scenic Rivers System; and

(B)

included that recommendation as an integral part of the Eightmile River Watershed Management Plan;

(8)

the residents of the towns located adjacent to the Eightmile River and comprising most of its watershed, including Salem, East Haddam, and Lyme, Connecticut, as well as the boards of selectmen and land use commissions of those towns, voted—

(A)

to endorse the Eightmile River Watershed Management Plan; and

(B)

to seek designation of the river as a component of the National Wild and Scenic Rivers System.

(9)

the General Assembly of the State of Connecticut enacted Public Act 05–18—

(A)

to endorse the Eightmile River Watershed Management Plan; and

(B)

to seek the designation of the Eightmile River as a component of the National Wild and Scenic Rivers System.

(b)

Definitions

In this Act:

(1)

Eightmile River

The term Eightmile River means segments of the main stem and certain tributaries of the Eightmile River in the State of Connecticut that are designated as components of the National Wild and Scenic Rivers System by the amendment made by subsection (c).

(2)

Management Plan

The term Management Plan means the plan prepared by the Eightmile River Wild and Scenic Study Committee, with assistance from the National Park Service, known as the Eightmile River Watershed Management Plan, and dated December 8, 2005.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(c)

Designation

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended—

(1)

by designating the undesignated paragraph relating to the White Salmon River, Washington, following paragraph (166) as paragraph (167); and

(2)

by adding at the end the following:

(168)

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.

.

(d)

Management

(1)

In general

The Secretary shall manage the Eightmile River in accordance with the Management Plan and such amendments to the Plan as the Secretary determines to be consistent with this section.

(2)

Management plan

The Management Plan shall be considered to satisfy each requirement for a comprehensive management plan that is required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).

(e)

Committee

The Secretary shall coordinate the management responsibilities of the Secretary relating to the Eightmile River with the Eightmile River Coordinating Committee, as described in the Management Plan.

(f)

Cooperative agreements

(1)

In general

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)), the Secretary may enter into a cooperative agreement with—

(A)

the State of Connecticut;

(B)

the towns of—

(i)

Salem, Connecticut;

(ii)

Lyme, Connecticut; and

(iii)

East Haddam, Connecticut; and

(C)

appropriate local planning and environmental organizations.

(2)

Consistency with management plan

Each cooperative agreement authorized by this subsection—

(A)

shall be consistent with the Management Plan; and

(B)

may include provisions for financial or other assistance from the United States.

(g)

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—

(1)

be administered as part of the National Park System; or

(2)

be subject to laws (including regulations) that govern the National Park System.

(h)

Land management

(1)

Zoning ordinances

With respect to the Eightmile River, each zoning ordinance adopted by the towns of Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8, 2005 (including provisions for conservation of floodplains, wetland and watercourses associated with the segments), shall be considered to satisfy each standard and requirement under section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).

(2)

Acquisition of land

The authority of the Secretary to acquire land for the purpose of managing the Eightmile River as a component of the National Wild and Scenic Rivers System shall be—

(A)

limited to acquisition—

(i)

by donation; or

(ii)

with the consent of the owner of the land; and

(B)

subject to the additional criteria set forth in the Management Plan.

(i)

Watershed approach

(1)

Statement of policy

In furtherance of the watershed approach to resource preservation and enhancement articulated in the 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 that watershed.

(2)

Covered tributaries

The tributaries referred to in paragraph (1) include—

(A)

Beaver Brook;

(B)

Big Brook;

(C)

Burnhams Brook;

(D)

Cedar Pond Brook;

(E)

Cranberry Meadow Brook;

(F)

Early Brook;

(G)

Falls Brook;

(H)

Fraser Brook;

(I)

Harris Brook;

(J)

Hedge Brook Lake Hayward Brook;

(K)

Malt House Brook;

(L)

Muddy Brook;

(M)

Ransom Brook;

(N)

Rattlesnake Ledge Brook;

(O)

Shingle Mill Brook;

(P)

Strongs Brook;

(Q)

Tisdale Brook;

(R)

Witch Meadow Brook; and

(S)

all other perennial streams within the Eightmile River watershed.

(j)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act.