S.Amdt. 3086

SA 3086. Mr. MURPHY (for himself and Mr. Alexander) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of subtitle E of title IV, add the following:

SEC. 44__. LOWER FARMINGTON RIVER AND SALMON BROOK,
CONNECTICUT.

(a) 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:
``(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 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.''.
(b) Management.--
(1) In general.--The river segments designated by
subsection (a) shall be managed in accordance with the Lower
Farmington River and Salmon Brook Management Plan, June 2011,
prepared by the Lower Farmington River and Salmon Brook Wild
and Scenic Study Committee (referred to in this section as
the ``management plan'') and such amendments to the
management plan as the Secretary of the Interior (referred to
in this section as the ``Secretary'') determines are
consistent with this subsection. The management plan shall be
deemed to satisfy the requirements for a comprehensive
management plan pursuant to section 3(d) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(d)).
(2) Committee.--The Secretary shall coordinate the
management responsibilities of the Secretary under this
subsection with the Lower Farmington River and Salmon Brook
Wild and Scenic Committee, as specified in the management
plan.
(3) Cooperative agreements.--
(A) In general.--In order to provide for the long-term
protection, preservation, and enhancement of the river
segment designated by subsection (a), the Secretary is
authorized to 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--
(i) the State of Connecticut;
(ii) the towns of Avon, Bloomfield, Burlington, East
Granby, Farmington, Granby, Hartland, Simsbury, and Windsor
in Connecticut; and
(iii) appropriate local planning and environmental
organizations.
(B) Consistency.--All cooperative agreements provided for
under this paragraph shall be consistent with the management
plan and may include provisions for financial or other
assistance from the United States.
(4) Land management.--
(A) Zoning ordinances.--For the purposes of the segments
designated by subsection (a), the zoning ordinances adopted
by the towns in Avon, Bloomfield, Burlington, East Granby,
Farmington, Granby, Hartland, Simsbury, and Windsor in
Connecticut, including provisions for conservation of
floodplains, wetlands and watercourses associated with the
segments, shall be deemed to satisfy the standards and
requirements of section 6(c) of the Wild and Scenic Rivers
Act (16 U.S.C. 1277(c)).
(B) Acquisition of land.--The provisions of section 6(c) of
the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that
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 the segments designated by subsection (a) shall be limited
to acquisition by donation or acquisition with the consent of
the owner of the lands, and shall be subject to the
additional criteria set forth in the management plan.
(5) Rainbow dam.--The designation made by subsection (a)
shall not be construed to--
(A) prohibit, pre-empt, or abridge the potential future
licensing of the Rainbow Dam and Reservoir (including any and
all aspects of its facilities, operations and transmission
lines) by the Federal Energy Regulatory Commission as a
federally licensed hydroelectric generation project under the
Federal Power Act, provided that the Commission may, in the
discretion of the Commission and consistent with this
subsection, 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 subsection
(a); or
(B) affect the operation of, or impose any flow or release
requirements on, the unlicensed hydroelectric facility at
Rainbow Dam and Reservoir.
(6) Relation to national park system.--Notwithstanding
section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(c)), the Lower Farmington River shall not be
administered as part of the National Park System

[[Page S367]]

or be subject to regulations which govern the National Park
System.
(c) Farmington River, Connecticut, Designation Revision.--
Section 3(a)(156) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended in the first sentence--
(1) by striking ``14-mile'' and inserting ``15.1-mile'';
and
(2) by striking ``to the downstream end of the New
Hartford-Canton, Connecticut town line'' and inserting ``to
the confluence with the Nepaug River''.
______