Madam Speaker, pursuant to House Resolution 580, I call up the bill (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…
Madam Speaker, pursuant to House Resolution 580, I call up the bill (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, and ask for its immediate consideration.
Madam Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 986.
Madam Speaker, I yield myself as much time as I may consume.
H.R. 986 would designate 25.3 miles of the Eightmile River and its tributaries in Connecticut as a national scenic river. The bill was introduced by my friend and colleague, Representative Joe Courtney, who has been a strong and effective advocate for this designation.
H.R. 986 would protect portions of the Eightmile River that have been found to have outstandingly remarkable values, including an intact watershed with a natural flow, very high water quality, unusual geological features, and large numbers of rare plants and animals.
The bill would designate five segments of the river and its tributary as scenic under the Wild and Scenic River Act.
The designated segments would be managed according to a plan produced pursuant to the 2001 Eightmile River Wild and Scenic River Study Act.
The administration supports the legislation. The National Park Service has found these segments of the river and its tributaries to be eligible and suitable for designation. Under the provisions of the bill, the river will be managed pursuant to a partnership agreement as envisioned in section 10(e) of the Wild and Scenic River Act.
H.R. 986 is cosponsored by the entire Connecticut House delegation. Both Connecticut centers support the designation, as does the Republican Governor of Connecticut and the State legislature.
I submit for the Record a letter from Governor Rell, dated July 11, 2007, in support of the bill.
Executive Chambers,
State of Connecticut,
July 11, 2007.
Hon. Nancy Pelosi,
Speaker of the House of Representatives.
Steny Hoyer,
House Majority Leader.
John Boehner,
House Minority Leader.
Roy Blunt,
House Minority Whip.
Dear Speaker Pelosi and Congressmen Hoyer, Boehner, and
Blunt: I am writing to express my support for H.R. 986, which
will designate certain sections of the Eightmile River in
southeastern Connecticut for inclusion in the National Park
Service's Wild and Scenic Rivers System. Including parts of
this exceptional natural and cultural resource within this
program will help ensure that it receives the protections
that it deserves.
I understand that this legislation also will protect
property owners from having their lands taken by condemnation
without the consent of the property owner. As you may know,
this has become an important issue in Connecticut in the wake
of the U.S. Supreme Court's Kelo decision, and I am pleased
that H.R. 986 will respect the rights of property owners.
Thank you for your efforts to help preserve this river, its
tributaries and watershed.
Very truly yours,
M. Jodi Rell,
Governor.
The legislation also enjoys ample support from the affected local communities, including the local governments of the towns of Salem, East Haddam and Lyme.
During the committee consideration of the bill, there had been expressed concern about the private property provisions in the legislation.
To ensure that the bill is absolutely clear on this point, I offered, and the Natural Resources Committee adopted, language that deems the zoning ordinances adopted by the towns of Salem, East Haddam and Lyme to satisfy section 6(c) of the Wild and Scenic River Act, and thus the bill expressly prohibits the use of Federal condemnation of authority under the Wild and Scenic River Act.
In addition, the bill goes on to expressly forbid Federal condemnation for the Eightmile River designation. The authority contained in the bill to acquire land is limited to donation or
acquisition with the consent of the owner of the property. We have not one but two provisions, making it abundantly clear there will be no Federal condemnation along the Eightmile River.
These provisions track the language used in several wild and scenic river designations in the east, including the designation of Connecticut's other wild and scenic river, the Farmington River. The language has been in effect for over a decade without questions or ambiguity on those rivers or in court.
The opposition has said that they only want to add language to deny Federal condemnation. Given the language already in the bill, this would be plainly redundant. We simply ask that when all else fails, that they read the bill.
The specific language of H.R. 986 denies the Federal Government any condemnation authority. The Bush administration has assured us that they consider the language to be absolutely unambiguous.
H.R. 986 was originally considered by the House on July 10. When the vote was taken, the bill got a clear majority on a vote of 239-173 but failed to get the two-thirds necessary for passage under suspension of the rules.
Since the only amendment that opponents have raised is clearly unnecessary, we believe the procedure under which the bill is being considered in the House today will allow the House to work its will on the measure.
This is a good bill. I want to commend my colleague from Connecticut, Representative Courtney, for his commitment and leadership on this matter.
We support the passage of H.R. 986, as amended, and urge its adoption by the House today.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, local ordinances are being changed, and that will allow the National Park Service to invoke its condemnation authority as one of the issues that my good friend brought up now.
What I would like to say, the specific language of the bill denies the National Park Service any condemnation authority. Even if a local government were to change this ordinance, the National Park Service wanted to exercise condemnation authority, they would have to come back and they would have to get this law changed.
Madam Speaker, I yield as much time as he may consume to the gentleman from Connecticut (Mr. Larson).
I thank the gentleman from New Mexico. And I would just point out that every time, and I am guilty of that, too, when we vote for a highway bill, a defense bill, a water bill that comes before us, we are voting for the ability of the Federal Government to conduct condemnation. This is not the case in this legislation. It is specifically prohibited in two sections of this bill.
I yield to the sponsor, my good friend from Connecticut (Mr. Courtney).
We have no additional speakers.
Madam Speaker, I thank my good friend from Utah, the ranking member.
Just in closing, let me say that the Appalachian Trail that was referenced by the gentleman from New Mexico has, in the legislation, condemnation as part of it. This particular bill does not. And there is separate language, aside from the section that my good friend from Utah presented today, that adds an additional prohibition and a protection for the acquisition of private property in this legislation
Madam Speaker, I yield back all but 2 minutes and reserve the 2 minutes until tomorrow.