IN THE SENATE OF THE UNITED STATES
July 25, 2006
Mr. Dodd (for himself and Mr. Lieberman) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
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.
This Act may be cited as the
Eightmile Wild and Scenic River
Wild and Scenic River designation, Eightmile River, Connecticut
Congress finds that—
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;
the segments of the Eightmile River that were assessed in the study continue to be in a free-flowing condition;
the segments of the Eightmile River contain outstanding resource values relating to—
the Eightmile River Wild and Scenic Study Committee has determined that—
the outstanding resource values of those segments of the Eightmile River depend on the continued integrity and quality of the Eightmile River watershed;
those resource values that are manifested throughout the entire watershed; and
the continued protection of the entire watershed is intrinsically important to the designation of the Eightmile River under this Act;
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;
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;
the Eightmile River Wild and Scenic Study Committee—
voted in favor of including the Eightmile River in the National Wild and Scenic Rivers System; and
included that recommendation as an integral part of the Eightmile River Watershed Management Plan;
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—
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.
the General Assembly of the State of Connecticut enacted Public Act 05–18—
to endorse the Eightmile River Watershed Management Plan; and
to seek the designation of the Eightmile River as a component of the National Wild and Scenic Rivers System.
In this Act:
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).
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
Watershed Management Plan, and dated December 8, 2005.
Secretary means the Secretary of the Interior.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended—
by designating the undesignated paragraph relating to the White Salmon River, Washington, following paragraph (166) as paragraph (167); and
by adding at the end the following:
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:
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.
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.
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.
The 1.9-mile segment of Beaver Brook from Cedar Pond Brook to the main stem of the Eightmile River, as a scenic river.
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.
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.
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)).
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.
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—
the State of Connecticut;
the towns of—
Lyme, Connecticut; and
East Haddam, Connecticut; and
appropriate local planning and environmental organizations.
Consistency with management plan
Each cooperative agreement authorized by this subsection—
shall be consistent with the Management Plan; and
may include provisions for financial or other assistance from the United States.
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 laws (including regulations) that govern the National Park System.
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)).
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—
limited to acquisition—
by donation; or
with the consent of the owner of the land; and
subject to the additional criteria set forth in the Management Plan.
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.
The tributaries referred to in paragraph (1) include—
Cedar Pond Brook;
Cranberry Meadow Brook;
Hedge Brook Lake Hayward Brook;
Malt House Brook;
Rattlesnake Ledge Brook;
Shingle Mill Brook;
Witch Meadow Brook; and
all other perennial streams within the Eightmile River watershed.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act.