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Farmington Wild and Scenic River Act
(Public Law 103–313; Approved August 26, 1994; 108 Stat. 1699; 16 U.S.C. 1274 note)
SECTION 1. SHORT TITLE.
This Act may be cited as the "Farmington Wild and Scenic River Act".
SEC. 2. FINDINGS.
The Congress finds that
(1) Public Law 99-590 authorized the study of 2 segments of the West Branch of the Farmington River, including an 11mile headwater segment in Massachusetts and the uppermost 14-mile segment in Connecticut, for potential inclusion in the National Wild and Scenic Rivers System, and created the Farmington River Study Committee, consisting of representatives from the 2 States, the towns bordering the 2 segments, and other river interests, to advise the Secretary of the Interior in conducting the study and concerning management alternatives should the river be included in the National Wild and Scenic Rivers System;
(2) the study determined that both segments of the river are eligible for inclusion in the National Wild and Scenic Rivers System based upon their free-flowing condition and outstanding fisheries, recreation, wildlife, and historic values;
(3) the towns that directly abut the Connecticut segment (Hartland, Barkhamsted, New Hartford, and Canton), as well as the Town of Colebrook, which abuts the segment's major tributary, have demonstrated their desire for national wild and scenic river designation through town meeting actions endorsing designation; in addition, the 4 abutting towns have demonstrated their commitment to protect the river through the adoption of "river protection overlay districts", which establish a uniform setback for new structures, new septic systems, sand and gravel extraction, and vegetation removal along the entire length of the Connecticut segment;
(4) during the study, the Farmington River Study Committee and the National Park Service prepared a comprehensive management plan for the Connecticut segment (the "Upper Farmington River Management Plan", dated April 29, 1993) which establishes objectives, standards, and action programs that will ensure long-term protection of the river's outstanding values and compatible management of its land and water resources, without Federal management of affected lands not owned by the United States;
(5) the Farmington River Study Committee voted unanimously on April 29, 1993, to adopt the Upper Farmington
River Management Plan and to recommend that Congress include the Connecticut segment in the National Wild and Scenic Rivers System in accordance with the spirit and provisions of the Upper Farmington River Management Plan, and to recommend that, in the absence of town votes supporting designation, no action be taken regarding wild and scenic river designation of the Massachusetts segment; and
(6) the Colebrook Dam and Goodwin Dam hydroelectric projects are located outside the river segment designated by section 3, and based on the study of the Farmington River pursuant to Public Law 99-590, continuation of the existing operation of these projects as presently configured, including associated transmission lines and other existing project works, is compatible with the designation made by section 3 and will not unreasonably diminish the scenic, recreational, and fish and wildlife values of the segment designated by such section as of the date of enactment of this Act.
SEC. 3. DESIGNATION.
[Added paragraph (156) to section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)).]
SEC. 4. MANAGEMENT.
(a) COMMITTEE.-The Director of the National Park Service, or his or her designee, shall represent the Secretary on the Farmington River Coordinating Committee provided for in the plan.
(b) FEDERAL. (1) In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3, the Secretary, pursuant to section 10(e) of the Wild and Scenic Rivers Act, shall offer to enter into cooperative agreements with the State of Connecticut and its relevant political subdivisions identified in the amendment made by such section 3 and, pursuant to section 11(b)(1) of such Act, shall make a similar offer to the Farmington River Watershed Association. The Secretary, pursuant to such section 11(b)(1), also may enter into cooperative agreements with other parties who may be represented on the Committee. All cooperative agreements provided for in this Act shall be consistent with the Plan, and may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the segment designated by such section 3 and the implementation of the Plan.
(2) The Secretary may provide technical assistance, staff support, and funding to assist in the implementation of the Plan.
(3) Implementation of this Act through cooperative agreements as described in paragraph (2) of this subsection shall not constitute National Park Service administration of the segment designated by section 3 for purposes of section 10(c) of the Wild and Scenic Rivers Act, and shall not cause such segment to be considered as being a unit of the National Park System.
(c) WATER RESOURCES PROJECTS. (1) In determining whether a proposed water resources project would have a direct and adverse effect on the values for which the segment designated by section 3 was included in the National Wild and Scenic Rivers System, the
Secretary shall specifically consider the extent to which the project is consistent with the Plan.
(2) For purposes of implementation of section 7 of the Wild and Scenic Rivers Act, the Plan, including the detailed analysis of instream flow needs incorporated therein and such additional analysis as may be incorporated in the future, shall serve as the primary source of information regarding the flows needed to maintain instream resources and the potential compatibility between resource protection and possible water supply withdrawals.
(d) LAND MANAGEMENT.-The zoning ordinances duly adopted by the towns of Hartland, Barkhamsted, New Hartford, and Ĉanton, Connecticut, including the "river protection overlay_districts" in effect on the date of enactment of this Act, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act. For the purpose of section 6(c), such towns shall be deemed "villages" and the provisions of that section, which prohibit Federal acquisition of lands by condemnation, shall apply to the segment designated by section 3.
SEC. 5. DEFINITIONS.
For the purposes of this Act:
(1) The term "Committee" means the Farmington River Coordinating Committee referred to in section 4.
(2) The term "Plan" means the comprehensive management plan for the Connecticut segment of the Farmington River prepared by the Farmington River Study Committee and the National Park Service, which is known as the "Upper Farmington River Management Plan" and dated April 29,
(3) The term "Secretary" means the Secretary of the Inte
rior. SEC. 6. FUNDING AUTHORIZATION.
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, including the amendment to the Wild and Scenic Rivers Act made by section 3.
Lamprey River, New Hampshire, Segment
(Section 405 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-333; Approved November 12, 1996; 110 Stat. 4149; 16 U.S.C. 1274 note))
SEC. 405. LAMPREY WILD AND SCENIC RIVER.
(a) DESIGNATION.-[Added the paragraph entitled "Lamprey River, New Hampshire” to section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)).]
(1) COMMITTEE.-The Secretary of the Interior shall coordinate his management responsibilities under this Act 1 with respect to the segment designated by subsection (a) with the Lamprey River Advisory Committee established pursuant to New Hampshire RSA 483.
(2) LAND MANAGEMENT.-The zoning ordinances duly adopted by the towns of Durham, Lee, and Newmarket, New Hampshire, including provisions for conservation of shorelands, floodplains, and wetlands associated with the segment, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act, and the provisions of that section, which prohibit Federal acquisition of lands by condemnation, shall apply to the segment designated by subsection (a). The authority of the Secretary to acquire lands for the purposes of this paragraph shall be limited to acquisition by donation or acquisition with the consent of the owner thereof, and shall be subject to the additional criteria set forth in the Lamprey River Management Plan.
(c) UPSTREAM SEGMENT.-Upon request by the town of Epping, which abuts an additional 12 miles of river found eligible for designation as a recreational river, the Secretary of the Interior shall offer assistance regarding continued involvement of the town of Epping in the implementation of the Lamprey River Management Plan and in consideration of potential future addition of that portion of the river within Epping as a component of the Wild and Scenic Rivers System.
The reference to "this Act" in subsection (b)(1) probably refers to the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).