[Senate Report 114-182]
[From the U.S. Government Publishing Office]
Calendar No. 327
114th Congress } { Report
SENATE
1st Session } { 114-182
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LOWER FARMINGTON RIVER AND SALMON BROOK WILD AND SCENIC RIVER ACT
_______
December 16, 2015.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 329]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 329) to amend the Wild and Scenic Rivers
Act to designate certain segments of the Farmington River and
Salmon Brook 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 with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
1. On page 7, line 23, strike ``Act; or'' and insert the
following:
``Act, provided that the Commission may, in the discretion of
the Commission and consistent with this Act, establish such
reasonable terms and conditions in a hydropower license for
Rainbow Dam as are necessary to reduce impacts identified by
the Secretary as invading or unreasonably diminishing the
scenic, recreational, and fish and wildlife values of the
segments designated by section 3; or''.
Purpose
The purpose of S. 329 is to amend the Wild and Scenic
Rivers Act to designate certain segments of the Farmington
River and Salmon Brook in the State of Connecticut as
components of the National Wild and Scenic Rivers System.
Background and Need
The lower Farmington River, fed by the Salmon Brook
tributaries, flows through Connecticut from the upper
Farmington River into the Connecticut River. The Farmington
River is considered to support natural, cultural, and
recreational values, including biodiversity, prehistoric
archaeological sites, and multiple outdoor recreational
opportunities.
In 1994, P.L. 103-313 designated 14 miles of the upper
Farmington River as a recreational river in the National Wild
and Scenic Rivers System. In 2005, P.L. 109-370 authorized a
study of the lower Farmington River and the east and west
Salmon Brook tributaries for potential inclusion into the
National Wild and Scenic Rivers System. The study area begins
downstream from the 1994 designation, includes the main Salmon
Brook tributaries, and terminates at the Connecticut River.
In November 2011, the National Park Service (NPS) released
the Lower Farmington River and Salmon Brook Wild and Scenic
River Study, which recommends ``recreational'' designation of
63.4 miles of the lower Farmington River and Salmon Brook that
were found eligible for designation into the National Wild and
Scenic Rivers System. The study determined that a 2.9 mile
segment of the Lower Farmington River, including the Upper and
Lower Collinsville dams, as unsuitable for designation, and the
river segment that includes the Rainbow Dam and reservoir as
ineligible.
Concurrently with the preparation of the study, the Lower
Farmington River and Salmon Brook Wild and Scenic Study
Committee developed the Lower Farmington River and Salmon Brook
Management Plan (June 2011) as part of the overall study
effort. The plan serves as the comprehensive plan required of
all Wild and Scenic Rivers, and functions as a blueprint for
conservation actions and management practices whether the
rivers are designated as Wild and Scenic or not.
S. 329 would complete the Wild and Scenic River designation
of the Farmington River in Connecticut by designating all of
the mainstem Farmington River segments found to meet the
criteria of eligibility and suitability. At the same time, S.
329 would affirm the compatibility of the Rainbow Dam and
Reservoir with the proposed wild and scenic designations.
Legislative History
In the 113th Congress, Senators Murphy and Blumenthal
introduced a bill similar to S. 329, S. 1253, on June 27, 2013.
The Subcommittee on National Parks held a hearing on the bill
on July 31, 2013 (S. Hrg. 113-93). A companion bill, H.R. 2555,
was introduced in the House of Representatives by
Representatives Esty and Larson.
S. 329 was introduced by Senators Murphy and Blumenthal on
February 2, 2015. A companion bill, H.R. 646, was introduced in
the House of Representatives by Representatives Esty and Larson
on February 2, 2015. The Senate Subcommittee on National Parks
held a hearing on S. 329 on June 10, 2015.
At its business meeting on November 19, 2015, the Committee
on Energy and Natural Resources on a voice vote ordered S. 329
favorably reported as amended.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on November 19, 2015, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
329, if amended as described herein.
Committee Amendments
During its consideration of S. 329, the Committee adopted
an amendment to minimize the impact that the operation of
Rainbow Dam will have on the scenic, recreational, and fish and
wildlife values of the newly designated river segments.
Section-by-Section Analysis
Section 1 contains the short title, the ``Lower Farmington
River and Salmon Brook Wild and Scenic River Act.''
Section 2 contains Congressional findings.
Section 3 designates approximately 62 miles of the
Farmington River and its tributary, Salmon Brook, as components
of the National Wild and Scenic Rivers System.
Section 4 directs the Secretary of the Interior to manage
the new river segments in accordance with the management plan
and to coordinate management responsibilities with the Lower
Farmington River and Salmon Brook Wild and Scenic Committee.
Section 4(c) authorizes the Secretary to enter into cooperative
agreements to provide for the long-term protection,
preservation, and enhancement of the rivers. Section 4(d) deems
certain local zoning ordinances to satisfy the standards and
requirements of the Wild and Scenic Rivers Act. It further
prohibits land acquisition by Federal condemnation in the
designated river segments and limits such acquisitions to those
by donation or from a willing seller. Section 4(e) clarifies
that the designation does not affect future licensing of the
Rainbow Dam and Reservoir or impact the operation of the
unlicensed hydroelectric facility at Rainbow Dam and Reservoir,
although the Federal Energy Regulatory Commission may establish
reasonable terms and conditions in a hydropower license to
reduce impacts to the scenic, recreational, and fish and
wildlife values of the new river segments. The newly designated
river segments will not be administered as part of the National
Park System.
Section 5 extends the existing Farmington National Wild and
Scenic River by 1.1 miles.
Section 6 contains definitions.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
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. 329. 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. 329, as ordered reported.
Congressionally Directed Spending
S. 329, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the NPS at the June 10, 2015
Subcommittee on National Parks hearing on S. 329 follows:
Statement of Victor Knox, Associate Director, Park Planning, Facilities
and Lands, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee today to present the views of the
Department of the Interior on S. 329, a bill to amend the Wild
and Scenic Rivers Act to designate certain segments of the
Farmington River and Salmon Brook in the State of Connecticut
as components of the Wild and Scenic Rivers System, and for
other purposes.
The Department supports enactment of S. 329 with an
amendment that is described later in this statement. The
National Park Service's study of the Lower Farmington River and
Salmon Brook, transmitted to Congress on October 17, 2013,
determined that the segments proposed for designation under
this bill are eligible for inclusion into the National Wild and
Scenic Rivers System.
S. 329 would designate 35.3 miles of the Farmington River
and the entire 26.4 miles of its major tributary, Salmon Brook,
as part of the Wild and Scenic Rivers System, to be
administered by the Secretary of the Interior. The segments
would be managed in accordance with the Lower Farmington River
and Salmon Brook Management Plan (June 2011) with the Secretary
coordinating administration and management with a locally based
management committee, as specified in the plan. The bill would
authorize the Secretary to enter into cooperative agreements
with the State of Connecticut, the adjoining communities, and
appropriate local planning and environmental organizations. S.
329 would also make an adjustment to the upper Farmington Wild
and Scenic River, which was designated in 1994, by adding 1.1
miles to the lower end of that 14-mile designation.
S. 329 would complete the wild and scenic river designation
of the Farmington River in Connecticut by designating all of
the mainstem Farmington River segments found to meet the
criteria of eligibility and suitability. At the same time, S.
329 would provide for the continued operation of one existing
hydroelectric facility--Rainbow Dam in Windsor--and allow for
potential hydroelectric development of existing dams in the
Collinsville stretch of the river, which is currently the
subject of an active Federal Energy Regulatory Commission
(FERC) licensing proceeding sponsored by the Town of Canton.
P.L. 109-370, the Lower Farmington River and Salmon Brook
Study Act of 2005, authorized the study of the segments
proposed for designation in S. 329. The National Park Service
conducted the study in close cooperation with the adjoining
communities, the State of Connecticut, the Farmington River
Watershed Association, the Stanley Black & Decker Corporation
(owner of Rainbow Dam) and other interested local parties.
Although the Wild and Scenic Rivers Act requires the
development of a comprehensive river management plan within
three years of the date of designation, it has become the
practice of the National Park Service to prepare this plan as
part of a study of potential wild and scenic rivers when much
of the river runs through private lands. This allows the
National Park Service to consult widely with local landowners,
federal and state land management agencies, local governments,
river authorities, and other groups that have interests related
to the river prior to any recommendation for designation. Early
preparation of the plan also assures input from these entities
as well as users of the river on the management strategies that
would be needed to protect the river's resources.
Technical assistance provided as a part of the study made
possible the development of the Lower Farmington River and
Salmon Brook Management Plan (June 2011). This plan is based
primarily around local partner actions designed to guide the
management of the Lower Farmington River and Salmon Brook with
or without a National Wild and Scenic River designation.
The study concluded that the proposed segments of the Lower
Farmington River and Salmon Brook are eligible and suitable for
inclusion in the National Wild and Scenic Rivers System because
of their free-flowing nature and outstandingly remarkable
geology, water quality, biological diversity, cultural
landscape, recreation values and local authority to protect and
enhance these values. These findings substantiate the widely
held view of the Farmington River as Connecticut's premier,
free-flowing river resource for a diversity of natural and
cultural values, including one of New England's most
significant whitewater boating runs, regionally unique
freshwater mussel populations, and outstanding examples of
archaeological and historical sites and districts spanning
Native American, colonial and early manufacturing periods.
Salmon Brook is, in its own right, highly significant for
outstanding water quality and significant cold water fishery.
If S. 329 is enacted, the Lower Farmington River and Salmon
Brook would be administered as a partnership wild and scenic
river, similar to several other designations in the Northeast,
including the upper Farmington River and the Eightmile River in
Connecticut. 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.
We recommend amending S. 329 to ensure that if operations
of the Rainbow Dam were to be changed, wild and scenic river
values upstream and downstream of the hydro project would be
protected. We would be pleased to work with the sponsor and the
committee on the appropriate language for that purpose.
Mr. Chairman, this concludes my statement. I would 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 original bill, as 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, as amended
* * * * * * *
SEC. 3. COMPONENT RIVERS AND ADJACENT LANDS
(a) Designation.--The following rivers and the land
adjacent thereto are hereby designated as components of the
national wild and scenic rivers system:
* * * * * * *
(156) Farmington River, Connecticut.--The [14-mile]
15.1 mile segment of the West Branch and mainstem
extending from immediately below the Goodwin Dam and
Hydroelectric Project in Hartland, Connecticut, [to the
downstream end of the New Hartford-Canton, Connecticut,
town line] to the confluence with the Nepaug River
(hereinafter in this paragraph referred to as the
``segment''), as a recreational river, to be
administered by the Secretary of the Interior through
cooperative agreements between the Secretary of the
Interior and the State of Connecticut and its relevant
political subdivisions, namely the Towns of Colebrook,
Hartland, Barkhamsted, New Hartford, and Canton and the
Hartford Metropolitan District Commission, pursuant to
section 10(e) of this Act. The segment shall be managed
in accordance with the Upper Farmington River
Management Plan, dated April 29, 1993, and such
amendments thereto as the Secretary of the Interior
determines are consistent with this Act. Such plan
shall be deemed to satisfy the requirement for a
comprehensive management plan pursuant to section 3(d)
of this Act
* * * * * * *
(213) Lower Farmington River and Salmon Brook,
Connecticut.--Segments of the main stem and its
tributary, Salmon Brook, totaling approximately 62
miles, to be administered by the Secretary of the
Interior as follows:
(A) The approximately 27.2-mile segment of
the Farmington River beginning 0.2 miles 14
below the tailrace of the Lower Collinsville
Dam and extending to the site of the Spoonville
Dam in Bloomfield and East Granby as a
recreational river.
(B) The approximately 8.1-mile segment of the
Farmington River extending from 0.5 miles below
the Rainbow Dam to the confluence with the
Connecticut River in Windsor as a recreational
river.
(C) The approximately 2.4-mile segment of the
main stem of Salmon Brook extending from the
confluence of the East and West Branches to the
confluence with the Farmington River as a
recreational river.
(D) The approximately 12.6-mile segment of
the West Branch of Salmon Brook extending from
its headwaters in Hartland, Connecticut to its
confluence with the East Branch of Salmon Brook
as a recreational river.
(E) The approximately 11.4-mile segment of
the East Branch of Salmon Brook extending from
the Massachusetts-Connecticut State line to the
confluence with the West Branch of Salmon Brook
as a recreational river.
* * * * * * *
[all]