Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate as a component of the national wild and scenic rivers system certain segments of the main stem and specified tributaries of the Eightmile River, Connecticut.
Declares that: (1) such segments shall be managed in accordance with the Eightmile River Watershed Management Plan; (2) the Eightmile River shall neither be administered as part of the National Park System, nor be subject to related regulations; (3) provisions of the Wild and Scenic Rivers Act that prohibit federal acquisition of lands by condemnation shall apply to the Eightmile River; and (4) specified tributaries of the Eightmile River watershed are recognized as integral to its protection and enhancement.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5885 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5885
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2006
Mr. Simmons (for himself, Mr. Shays, Mrs. Johnson of Connecticut, Mr.
Larson of Connecticut, and Ms. DeLauro) introduced the following bill;
which was referred to the Committee on 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eightmile Wild and Scenic River
Act''.
SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER,
CONNECTICUT.
(a) Findings.--Congress finds the following:
(1) The Eightmile River Wild and Scenic River Study Act of
2001 (Public Law 107-65; 115 Stat. 484) authorized the 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 covered by the
study are in a free-flowing condition, and the outstanding
resource values of the river segments include the cultural
landscape, water quality, watershed hydrology, unique species
and natural communities, geology, and watershed ecosystem.
(3) The Eightmile River Wild and Scenic Study Committee has
determined that--
(A) the outstanding resource values of these river
segments depend on sustaining the integrity and quality
of the Eightmile River watershed;
(B) these resource values are manifest within the
entire watershed; and
(C) the watershed as a whole, including its
protection, is itself intrinsically important to this
designation.
(4) 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.
(5) During the study, the Eightmile River Wild and Scenic
Study Committee, with assistance from the National Park
Service, prepared a comprehensive management plan for the
Eightmile River watershed, dated December 8, 2005 (in this
section referred to as the ``Eightmile River Watershed
Management Plan''), which establishes objectives, standards,
and action programs that will 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 lands not
owned by the United States.
(6) The Eightmile River Wild and Scenic Study Committee
voted in favor of inclusion of the Eightmile River in the
National Wild and Scenic Rivers System and included this
recommendation as an integral part of the Eightmile River
Watershed Management Plan.
(7) The residents of the towns lying along the Eightmile
River and comprising most of its watershed (Salem, East Haddam,
and Lyme, Connecticut), as well as the Boards of Selectmen and
Land Use Commissions of these 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.
(8) The State of Connecticut General Assembly enacted
Public Act 05-18 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.
(b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following new
paragraph:
``(_) Eightmile River, Connecticut.--Segments of the main stem and
specified tributaries of the Eightmile River in the State of
Connecticut, totaling approximately 25.3 miles, to be administered by
the Secretary of the Interior as follows:
``(A) The entire 10.8-mile segment of the main stem,
starting at its confluence with Lake Hayward Brook to its
confluence with 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 starting at Witch Meadow Road to its confluence
with the main stem of the Eightmile River, as a scenic river.
``(C) The 3.9-mile segment of Harris Brook starting with
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 its confluence with the East Branch of the
Eightmile River, as a scenic river.
``(D) The 1.9-mile segment of Beaver Brook starting at its
confluence with Cedar Pond Brook to its confluence with the
main stem of the Eightmile River, as a scenic river.
``(E) The 0.7-mile segment of Falls Brook from its
confluence with Tisdale Brook to its confluence with the main
stem of the Eightmile River at Hamburg Cove, as a scenic
river.''.
(c) Management.--The segments of the main stem and certain
tributaries of the Eightmile River in the State of Connecticut
designated as components of the National Wild and Scenic Rivers System
by the amendment made by subsection (b) (in this section referred to as
the ``Eightmile River'') shall be managed in accordance with the
Eightmile River Watershed Management Plan and such amendments to the
plan as the Secretary of the Interior determines are consistent with
this section. The Eightmile River Watershed Management Plan is deemed
to satisfy the requirements for a comprehensive management plan
required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)).
(d) Committee.--The Secretary of the Interior shall coordinate the
management responsibilities of the Secretary with regard to the
Eightmile River with the Eightmile River Coordinating Committee, as
specified in the Eightmile River Watershed Management Plan.
(e) Cooperative Agreements.--In order to provide for the long-term
protection, preservation, and enhancement of the Eightmile River, the
Secretary of the Interior may enter into cooperative agreements
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)) with the State of Connecticut, the
towns of Salem, Lyme, and East Haddam, Connecticut, and appropriate
local planning and environmental organizations. All cooperative
agreements authorized by this subsection shall be consistent with the
Eightmile River Watershed Management Plan and may include provisions
for financial or other assistance from the United States.
(f) 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 regulations which govern the National Park
System.
(g) Land Management.--
(1) Zoning ordinances.--For the purposes of the Eightmile
River, the zoning ordinances adopted by the towns of Salem,
East Haddam, and Lyme, Connecticut, in effect as of December 8,
2005, including provisions for conservation of floodplains,
wetlands and watercourses associated with the segments, are
deemed to satisfy the standards and requirements of section
6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(2) Acquisition of lands.--The provisions of section 6(c)
of the Wild and Scenic Rivers Act that prohibit Federal
acquisition of lands by condemnation shall apply to the
Eightmile River. The authority of the Secretary of the Interior
to acquire lands 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 by donation or
acquisition with the consent of the owner of the lands;
and
(B) subject to the additional criteria set forth in
the Eightmile River Watershed Management Plan.
(h) Watershed Approach.--
(1) In general.--In furtherance of the watershed approach
to resource preservation and enhancement articulated in the
Eightmile River Watershed 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 its watershed.
(2) Covered tributaries.--Paragraph (1) applies with
respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond
Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser
Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt
House Brook, Muddy Brook, Ransom Brook, Rattlesnake Ledge
Brook, Shingle Mill Brook, Strongs Brook, Tisdale Brook, Witch
Meadow Brook, and all other perennial streams within the
Eightmile River watershed.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section and
the amendment made by subsection (b).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Fisheries and Oceans.
Executive Comment Requested from Interior.
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