[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.