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Managing America: Environment and Resources

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Week Ending July 13, 2007

H.R.986 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.

Sections of the Eightmile River in Connecticut are to be designated as components of the national wild and scenic rivers system.

The sections to be included represent “cultural landscape, water quality, watershed hydrology, unique species and natural communities, geology, and watershed ecosystem.”

Sections included are the entire 10.8 miles segment of the main stem starting at the confluence of Lake Hayward Brook and the Connecticut River at the mouth of Hamburg Cove and the 8 mile segment of the East Branch at Witch Meadow Road to its confluence with the Eightmile River. The 8 mile segment of the East branch starting at the confluence of an unnamed stream near Hartford Road and Round Hill Road to the confluence with the Eightmile River, a 1.9 mile segment of Beaver Brook at the confluence of Cedar Pond to the Eightmile River and a .7 mile stretch of the Falls Brook from the confluence with Tisdale Brook to its confluence with the Eightmile River are included.

Any land acquired by Interior would have to be donated with the consent of the owner and consistent with the existing watershed management plan.

Tributaries included in the program are : 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.

The Eightmile River will not be administered as part of the National Park System.

Sponsor:  Rep. Joe Courtney (D-CT-2^nd)

Vote: Passed House 239 to 173 RC 615 July 11, 2007. The bill was returned to the floor and voted on again on July 31, 2007. The bill passed the House 253 to 172 RC 767. A motion to recommit the bill failed 200 to 225 RC 766

The Motion to recommit the bill

The motion to recommit the bill focused on language in the bill that supporters of the motion held allows for government condemnation of property to achieve the goal of establishing the Eight Mile River as part of the national river system. The centerpiece of their argument was the rejection by the committee to include language in the bill that " no Federal funds (can) be used to condemn land to carry out the purpose of that act."

Opponents of the motion held that the bill does not allow the government to condemn property by this sentence in the bill: `For the purpose of section 6(c) of that Act, such towns shall be deemed `villages' and the provisions of that section, which prohibit Federal acquisition of lands by condemnation, shall apply to the segments designated by subsection (a). The authority of the Secretary to acquire lands for the purposes of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner thereof''

A motion to recommit the bill failed 200 to 225 RC 766

Cost to the taxpayers: Such sums as may be necessary. Actual appropriations will come later.

Earmark Certification:   Not applicable to this bill

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MORE INFORMATION

) 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.

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