[House Report 113-502]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-502
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UPPER MISSISQUOI AND TROUT WILD AND SCENIC RIVERS ACT
_______
June 30, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2569]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2569) to amend the Wild and Scenic Rivers Act to
designate segments of the Missisquoi River and the Trout River
in the State of Vermont, as components of the National Wild and
Scenic Rivers System, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Upper Missisquoi and Trout Wild and
Scenic Rivers Act''.
SEC. 2. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS.
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:
``(208) Missisquoi river and trout river, vermont.--The
following segments in the State of Vermont, to be administered
by the Secretary of the Interior as a recreational river:
``(A) The 20.5-mile segment of the Missisquoi River
from the Lowell/Westfield town line to the Canadian
border in North Troy, excluding the property and
project boundary of the Troy and North Troy
hydroelectric facilities.
``(B) The 14.6-mile segment of the Missisquoi River
from the Canadian border in Richford to the upstream
project boundary of the Enosburg Falls hydroelectric
facility in Sampsonville.
``(C) The 11-mile segment of the Trout River from the
confluence of the Jay and Wade Brooks in Montgomery to
where the Trout River joins the Missisquoi River in
East Berkshire.''.
SEC. 3. MANAGEMENT.
(a) Management.--
(1) In general.--The river segments designated by paragraph
(208) of section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) shall be managed in accordance with--
(A) the Upper Missisquoi and Trout Rivers Management
Plan developed during the study described in section
5(b)(19) of the Wild and Scenic Rivers Act (16 U.S.C.
1276(b)(19)) (referred to in this section as the
``management plan''); and
(B) such amendments to the management plan as the
Secretary determines are consistent with this Act and
as are approved by the Upper Missisquoi and Trout
Rivers Wild and Scenic Committee (referred to in this
section as the ``Committee'').
(2) Comprehensive management plan.--The management plan, as
finalized in March 2013, and as amended, shall be considered 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)).
(b) Committee.--The Secretary shall coordinate management
responsibility of the Secretary of the Interior under this Act with the
Committee, as specified in the management plan.
(c) Cooperative Agreements.--
(1) In general.--In order to provide for the long-term
protection, preservation, and enhancement of the river segments
designated by paragraph (208) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)), the Secretary of the
Interior may enter into cooperative agreements pursuant to
sections 10(e) and 11(b)(1) (16 U.S.C. 1281(e), 1282(b)(1)) of
the Wild and Scenic Rivers Act with--
(A) the State of Vermont;
(B) the municipalities of Berkshire, Enosburg Falls,
Enosburgh, Montgomery, North Troy, Richford, Troy, and
Westfield; and
(C) appropriate local, regional, statewide, or multi-
state planning or recreational organizations consistent
with the management plan.
(2) Consistency.--Each cooperative agreement entered into
under this section shall be consistent with the management plan
and may include provisions for financial or other assistance
from the United States.
(d) Effect on Existing Hydroelectric Facilities.--
(1) In general.--The designation of the river segments by
paragraph (208) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)), does not--
(A) preclude, prohibit, or restrict the Federal
Energy Regulatory Commission from licensing,
relicensing, or otherwise authorizing the operation or
continued operation of the Troy Hydroelectric, North
Troy, or Enosburg Falls hydroelectric project under the
terms of licenses or exemptions in effect on the date
of enactment of this Act; or
(B) limit modernization, upgrade, or other changes to
the projects described in paragraph (1).
(2) Hydropower proceedings.--Resource protection, mitigation,
or enhancement measures required by Federal Energy Regulatory
Commission hydropower proceedings--
(A) shall not be considered to be project works for
purposes of this Act; and
(B) may be located within the river segments
designated by paragraph (208) of section 3(a) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)).
(e) Land Management.--
(1) Zoning ordinances.--For the purpose of the segments
designated in paragraph (208) of section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)), the zoning ordinances
adopted by the towns of Berkshire, Enosburg Falls, Enosburgh,
Montgomery, North Troy, Richford, Troy, and Westfield in the
State of Vermont, including provisions for conservation of
floodplains, wetlands, and watercourses associated with the
segments, shall be considered to satisfy the standards and
requirements of section 6(c) of the Wild and Scenic Rivers Act
(16 U.S.C. 1277(c)).
(2) Acquisitions of land.--The authority of the Secretary to
acquire land for the purposes of the segments designated in
paragraph (208) of section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) shall be--
(A) limited to acquisition by donation or exchange;
and
(B) subject to the additional criteria set forth in
the management plan.
(3) No condemnation.--The Secretary of the Interior may not
acquire by condemnation any land or interest in land within the
boundaries of the river segments designated by paragraph (208)
of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)).
(4) Written consent of owner required.--No private property
or non-Federal public property shall be included within the
boundaries of the river segments designated by paragraph (208)
of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) without the written consent of the owner of that
property.
(f) Relation to National Park System.--Notwithstanding section 10(c)
of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Missisquoi
and Trout Rivers shall not be administered as part of the National Park
System or be subject to regulations that govern the National Park
System.
(g) No Buffer Zone Created.--Nothing in this Act or the Upper
Missisquoi and Trout Rivers Management Plan shall be construed to
create buffer zones outside the designated river segment boundaries
designated by paragraph (208) of section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)). That activities or uses can be seen,
heard, or detected from areas within the designated river segments
shall not preclude, limit, control, regulate or determine the conduct
of management of activities or uses outside those designated river
segments.
Purpose of the Bill
The purpose of H.R. 2569 is to amend the Wild and Scenic
Rivers Act to designate segments of the Missisquoi River and
the Trout River in the State of Vermont as components of the
National Wild and Scenic Rivers System.
Background and Need for Legislation
The Wild and Scenic Rivers Act became law in 1968 with the
goal of protecting the free-flowing characteristics of select
rivers. The purpose of the Act was to combat the increase in
the construction of dams around the country. In many ways, the
Act puts a development freeze on, over and next to a designated
river.
H.R. 2569 designates in the State of Vermont two segments
of the Upper Missisquoi River totaling 35.1 miles and the
entire main stem of its tributary, the Trout River, totaling 11
miles, as part of the Wild and Scenic Rivers System, to be
administered by the Secretary of the Interior as recreational
rivers.
Congress authorized a study of the Missisquoi and Trout
Rivers in Public Law 111-11. While the study endorses the
designations in H.R. 2569, it is very clear that the community
does not want federal management or ownership on or around the
rivers. The segments would be managed in accordance with the
Upper Missisquoi and Trout Rivers Management Plan (March 2013)
prepared as a part of the study, with the Secretary
coordinating administration and management with a locally-based
management committee. The management plan repeatedly emphasized
that the recommendations in the plan should be carried out on
voluntary basis down to the property owner level.
During Natural Resources Committee consideration of the
bill, the Committee adopted an amendment to clarify the intent
that this designation be voluntary in nature by requiring that
property only be included into the boundaries with the written
consent of the owner. Additionally, federal land acquisition
may occur only by donation or exchange, with condemnation
specifically prohibited. If this proposal is locally supported
and managed, there is no need for federal coercion.
H.R. 2569 also excludes several hydro-electric projects
from the boundaries of the designation and the amendment
further limits the Secretary of the Interior's influence on the
ongoing and future activities of those facilities.
The Committee has included language to prevent the
administrative or perceived creation of buffer zones. Even
during the study period the proposed boundaries were cited as
rationale to limit an unrelated energy project, highlighting
the need for this provision.
Finally, the amendment removed the ability of the Secretary
of the Interior to include a town within the designated area
that has already voted against participating in the
legislation.
Committee Action
H.R. 2569 was introduced on June 27, 2013, by Congressman
Peter Welch (D-VT). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Public Lands and Environmental Regulation. On February 26,
2014, the Subcommittee held a hearing on the bill. On May 29,
2014, the Natural Resources Committee met to consider the bill.
The Subcommittee on Public Lands and Environmental Regulation
was discharged by unanimous consent. Congressman Rob Bishop (R-
UT) offered an amendment designated #1 to the bill; the
amendment was adopted by unanimous consent. No further
amendments were offered and the bill, as amended, was then
adopted and ordered favorably reported to the House of
Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 2569--Upper Missisquoi and Trout Wild and Scenic Rivers Act
H.R. 2569 would designate segments of the Missisquoi and
Trout Rivers in the state of Vermont as components of the
National Wild and Scenic Rivers System. The legislation would
exclude certain hydroelectric projects from the designation.
Based on information provided by the National Park Service
(NPS), CBO estimates that implementing the bill would cost
about $1 million over the 2015-2019 period, assuming the
availability of the necessary amounts. Under the legislation,
NPS would administer the river segments in partnership with an
advisory committee composed of local representatives. Based on
the cost of similar management partnerships in the region, CBO
estimates that NPS would provide $175,000 annually to the
advisory committee to manage the river segments.
Enacting H.R. 2569 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 2569 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On January 8, 2014, CBO transmitted a cost estimate for S.
1252, the Upper Missisquoi and Trout Wild and Scenic Rivers
Act, as ordered reported by the Senate Committee on Energy and
Natural Resources on November 21, 2013. The two pieces of
legislation are similar, and the CBO cost estimates are the
same.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information provided by the National Park Service (NPS), CBO
estimates that implementing the bill would cost about $1
million over the 2015-2019 period, assuming the availability of
the necessary amounts. Under the legislation, NPS would
administer the river segments in partnership with an advisory
committee composed of local representatives. Based on the cost
of similar management partnerships in the region, CBO estimates
that NPS would provide $175,000 annually to the advisory
committee to manage the river segments.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Wild and Scenic Rivers
Act to designate segments of the Missisquoi River and the Trout
River in the State of Vermont as components of the National
Wild and Scenic Rivers System.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
WILD AND SCENIC RIVERS ACT
* * * * * * *
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) * * *
* * * * * * *
(208) Missisquoi river and trout river, vermont.--The
following segments in the State of Vermont, to be
administered by the Secretary of the Interior as a
recreational river:
(A) The 20.5-mile segment of the Missisquoi
River from the Lowell/Westfield town line to
the Canadian border in North Troy, excluding
the property and project boundary of the Troy
and North Troy hydroelectric facilities.
(B) The 14.6-mile segment of the Missisquoi
River from the Canadian border in Richford to
the upstream project boundary of the Enosburg
Falls hydroelectric facility in Sampsonville.
(C) The 11-mile segment of the Trout River
from the confluence of the Jay and Wade Brooks
in Montgomery to where the Trout River joins
the Missisquoi River in East Berkshire.
* * * * * * *