[Senate Report 113-170]
[From the U.S. Government Publishing Office]
Calendar No. 396
113th Congress Report
SENATE
2d Session 113-170
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UPPER MISSISQUOI AND TROUT WILD AND SCENIC RIVERS ACT
_______
May 22, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1252]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1252) 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,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose
The purpose of S. 1252 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
In 2009, Congress enacted Public Law 111-11, the Omnibus
Public Land Management Act. Section 5101 of that Act (123 Stat.
1153) directed the Secretary of the Interior to conduct a study
of two 25-mile stretches of the Upper Missisquoi River in
Vermont, along with a 20-mile segment of the Trout River, also
in Vermont, for potential addition to the National Wild and
Scenic Rivers System.
The National Park Service has prepared a draft study, which
has determined that segments of the Upper Missisquoi and Trout
rivers are eligible for inclusion in the National Wild and
Scenic Rivers System. The draft study is consistent with
recommendations of the Upper Missisquoi and Trout Rivers Study
Committee in its Draft Management Plan for the rivers. The
Draft Management Plan identified the Upper Missisquoi and Trout
Rivers as possessing a number of outstandingly remarkable
values including working landscapes, recreational
opportunities, and significant geological features.
The Study Committee recommended that the sections of the
two rivers be designated as components of the Wild and Scenic
River System: the Missisquoi River, from the confluence of
Burgess Branch and the East Branch of the Missisquoi in Lowell
to the Canadian border in North Troy (excluding the project
areas of the Troy and North Troy Hydroelectric Facilities),
from the Canadian border in Richford to the beginning of the
project area of the Enosburg Falls Hydroelectric facility; and
the Trout River from the confluence of Jay and Wade Brooks in
Montgomery to where it joins the Missisquoi in East Berkshire.
In accordance with the Draft Management Plan, S. 1252
designates these sections as components of the National Wild
and Scenic Rivers System.
Legislative History
S. 1252 was introduced by Senators Sanders and Leahy on
June 27, 2013. The Subcommittee on National Parks held a
hearing on S. 1252 on July 31, 2013 (S. Hrg. 113-93). At its
business meeting on November 21, 2013, the Committee ordered S.
1252 favorably reported.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on November 21, 2013, by a voice vote of
a quorum present, recommends that the Senate pass S. 1252.
Section-by-Section Analysis
Section 1 provides the short title, the ``Upper Missisquoi
and Trout Wild and Scenic River Act.''
Section 2 amends section 3(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)) to designate two separate sections of
the Missisquoi River, that are 20.5-miles and 14.6-miles long;
and an 11-mile section of the Trout River as components of the
Wild and Scenic Rivers System.The Secretary of the Interior
(Secretary) is directed to administer these segments as recreational
rivers under the Wild and Scenic Rivers Act.
Section 3(a)(1) requires that the river segments described
in section 2 be managed in accordance with the Upper Missisquoi
and Trout Rivers Management Plan, including any amendments to
the management plan that are determined by the Secretary to be
consistent with the Act and approved by the Upper Missisquoi
and Trout Rivers Wild and Scenic Committee.
Paragraph (2) provides that the management plan finalized
in March 2013, as may be amended, be considered to satisfy the
requirements of section 3(d) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(d)).
Subsection (b) directs the Secretary to coordinate
management responsibility with the Upper Missisquoi and Trout
Rivers Wild and Scenic Committee.
Subsection (c) provides that the Secretary may enter into
cooperative agreements that are consistent with the management
plan to provide for the long-term protection, preservation, and
enhancement of the designated river sections with the State of
Vermont and certain municipalities, as well as appropriate
local, regional, statewide, or multi-state planning,
environmental, or recreational organizations, including
provisions for financial or other assistance from the United
States.
Subsection (d)(1) clarifies that the designation of the
river segments as components of the Wild and Scenic Rivers
System does not preclude 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 terms of licenses or exemptions in effect on the
date of enactment. The subsection also provides that the
designation of the Missisquoi and Trout Rivers shall not limit
modernization, upgrades, or other changes to the hydroelectric
projects, subject to the written determination of the
Secretary.
Paragraph (2) provides that resource protection,
mitigation, or enhancement measures, that are required by the
Federal Energy Regulatory Commission shall not be considered to
be project works and that, subject to a written determination
of the Secretary, these measures may be located within the
river segments designated under this Act.
Subsection (e)(1) states that zoning ordinances adopted by
the listed towns, including provisions for conservation of
floodplains, wetlands, and watercourses, 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)) (which prohibits
the Secretary by acquiring lands by condemnation within a
designated Wild and Scenic River boundary when valid local
zoning ordinances are in place which are consistent with the
Wild and Scenic Rivers Act.)
Paragraph (2) limits the Secretary's authority to acquire
land for the purposes of the segments designated by this Act to
acquisition by donation or purchase with the consent of the
land owner, subject to additional criteria set forth in the
management plan.
Subsection (f) provides that the Missisquoi and Trout
rivers shall not be administered as part of the National Park
System and that they not be subject to the regulations that
govern the National Park System, notwithstanding section 10(c)
of the Wild and Scenic Rivers Act.
Subsection (g)(1) and (2) contains a Congressional finding
that a 3.8-mile segment of the Missisquoi River from the
confluence of the Burgess Branch and East Branch in Lowell to
the Lowell/Westfield town line is eligible and suitable for
designation as a recreational river if the Secretary determines
that there is adequate local support for the designation.
Paragraph (3) directs the Secretary, upon the determination
that there is adequate local support for the additional
segment, to publish a notice of the designation in the Federal
Register, designate the additional segment in accordance with
the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), and
administer the additional segment as a recreational river.
Paragraph (4) requires that the Secretary determine that
there is adequate local support for the designation of the
additional segment, if the voters of the town of Lowell,
Vermont express by a majority vote a desire for the
designation.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1252--Upper Missisquoi and Trout Wild and Scenic Rivers Act
S. 1252 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 2014-2018 period, assuming the
availability of the necessary amounts. Under the legislation,
the NPS would administer the river segments in partnership with
an advisory committee composed of local representatives. Based
on similar management partnerships in the region, CBO estimates
that the NPS would provide $175,000 annually to the advisory
committee to manage the river segments. Enacting S. 1252 would
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
S. 1252 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.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1252.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1252, as ordered reported.
Congressionally Directed Spending
S. 1252, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
July 31, 2013, Subcommittee on National Parks hearing on S.
1252 follows:
Statement of Stephanie Toothman, Associate Director, Cultural
Resources, Partnerships, and Science, National Park Service, Department
of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee today to present the views of the
Department of the Interior on S. 1252, a bill to amend the Wild
and Scenic Rivers Act to designate certain segments of the
Missisquoi River and the Trout River in the State of Vermont,
as components of the Wild and Scenic Rivers System.
The Department has preliminarily determined through the
National Park Service's draft study of the Upper Missisquoi and
Trout rivers that the segments proposed for designation under
this bill are eligible for inclusion into the National Wild and
Scenic Rivers System. However, the study report is only in the
preliminary internal review stage. We recommend that the
committee defer action on S. 1252 until the study is completed,
which is consistent with the Department's general policy on
legislation designating additions to the Wild and Scenic Rivers
System when a study of the subject is pending.
S. 1252 would designate two segments of the Upper
Missisquoi River totaling 35.1 miles and the entire mainstem 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. 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, as
specified in the plan. The bill would authorize the Secretary
to enter into cooperative agreements with the State of Vermont,
the adjoining communities, and appropriate local planning and
environmental organizations. The legislation follows the model
of other recent New England Wild and Scenic River designations
based on a ``partnership'' model emphasizing locally based
management solutions and a limited federal role.
S. 1252 would exclude from designation the property and
project boundaries associated with the Troy and North Troy
hydroelectric projects, both of which are small, run-of-river
projects that have Federal Energy Regulatory Commission (FERC)
exemptions--permanent authority to operate under existing
terms. A third hydroelectric facility, the Enosburg Falls
project, lies immediately downstream of the lower endpoint of
the Missisquoi mainstem proposed designation. The Department
does not view these projects as being in conflict with the
proposed designation.
S. 1252 also contains language that would allow the
Secretary to designate an additional 3.8 mile segment at the
headwaters of the Missisquoi within the Town of Lowell, subject
to a finding of sufficient local support. This provision would
allow the Town of Lowell, which did not support designation at
its March 2013 Town Meeting, to opt into the designation at
some future point without the need for additional congressional
action.
The study of the Upper Missisquoi and Trout was authorized
by P.L. 111-11, the Omnibus Public Land Management Act of 2009.
The National Park Service has conducted the study in close
cooperation with the adjoining communities, the State of
Vermont, the Missisquoi River Basin Association, and other
interested local parties. Technical assistance provided as a
part of the study made possible the development of the Upper
Missisquoi and Trout Rivers Management Plan (March 2013). This
plan is based primarily around local partner actions designed
to guide the management of the Upper Missisquoi and Trout
rivers with or without a National Wild and Scenic River
designation. Although the Wild and Scenic Rivers Act requires
the development of a comprehensive river management plan within
three years of the date of designation, it has become the
practice of the National Park Service to prepare this plan as
part of a study of potential wild and scenic rivers when much
of the river runs through private lands. This allows the
National Park Service to consult widely with local landowners,
federal and state land management agencies, local governments,
river authorities, and other groups that have interests related
to the river prior to any recommendation for designation. Early
preparation of the plan also assures input from these entities
as well as users of the river on the management strategies that
would be needed to protect the river's resources.
While the study has not been finalized, the data collected
and presented in the preparation of the Management Plan support
the conclusion that the segments proposed for designation by S.
1252 exhibit free-flowing character and the presence of
outstandingly remarkable natural, cultural and recreation
resource values consistent with Wild and Scenic River
eligibility. The study process, which culminated in town
meeting votes supporting both the Management Plan and Wild and
Scenic River designation, has also demonstrated strong local,
state and partner support crucial to successful long-term
management and protection of partnership-based Wild and Scenic
Rivers. Resource values of note include the Northern Forest
Canoe Trail which utilizes a portion of the Upper Missisquoi,
and is developing substantial momentum as a regional and
national canoe route. Big Falls State Park on the Missisquoi is
home to Vermont's largest undammed falls and is one of numerous
spectacular falls and gorges exhibited by the river and its
tributaries. The Trout River in Montgomery is also the location
of a collection of National Register-listed covered bridges
considered one of the most significant assemblages in the State
of Vermont.
If S. 1252 is enacted, the Upper Missisquoi and Trout would
be administered as a partnership wild and scenic river, similar
to several other designations in the Northeast, including the
upper Farmington River and the Eightmile River in Connecticut,
and the Lamprey River in New Hampshire. This approach
emphasizes local and state management solutions, and has proven
effective as a means of protecting outstandingly remarkable
natural, cultural, and recreational resource values without the
need for direct federal management or land acquisition.
Mr. Chairman, this concludes my prepared remarks. I would
be happy to answer any questions you or other committee members
may have regarding this bill.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1252, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
WILD AND SCENIC RIVERS ACT
Public Law 90-542
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act may be cited as the ``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:
* * * * * * *
(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 on 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.
* * * * * * *