[Congressional Record Volume 160, Number 131 (Monday, September 15, 2014)]
[House]
[Pages H7492-H7494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         UPPER MISSISQUOI AND TROUT WILD AND SCENIC RIVERS ACT

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2569

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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

[[Page H7493]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Hastings) and the gentleman from Arizona (Mr. Grijalva) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself as much time 
as I may consume.
  Mr. Speaker, H.R. 2569 designates in the State of Vermont two 
segments of the upper Missisquoi River and the entire main stem of its 
tributary, the Trout River, as part of the Wild and Scenic Rivers 
System.
  In 2009, Congress authorized an evaluation of these rivers; and, 
while the study endorses the designation proposed by H.R. 2569, it was 
very clear that the community does not want Federal management or 
ownership on or around the rivers; therefore, the river segments would 
be managed in accordance with the management plan prepared as a part of 
the study with the National Park Service being limited to coordinating 
administration and the management with the local community.
  The management plan repeatedly emphasized that actions should be 
carried out on a voluntary basis down to the property owner level.
  The Natural Resources Committee adopted an amendment to reinforce 
that this designation be voluntary in nature by requiring that property 
may only be included into the boundaries with written consent of the 
owner; additionally, Federal land acquisition may occur only by 
donation or exchange with condemnation specifically prohibited.
  If this proposal is, indeed, locally supported or managed, there is 
no need for Federal coercion.

                              {time}  1915

  H.R. 2569 also excludes several hydroelectric projects from the 
boundaries of the designation, and the committee-adopted amendment 
further limits the Secretary of the Interior's influence into the 
ongoing and future activities of these facilities.
  So I urge adoption, and I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, H.R. 2569 would designate segments of the Upper 
Missisquoi and Trout Rivers as recreational rivers under the National 
Wild and Scenic Rivers Act.
  These river segments provide local Vermonters with opportunities to 
swim, fish, kayak, and hike and are dotted with scenic and historic 
sites like waterfalls and covered bridges. They would be first 
designated Wild and Scenic rivers. They would be the first designated 
Wild and Scenic rivers in Vermont. The designation is widely popular 
with landowners and local stakeholders.
  H.R. 2569 authorizes the establishment of cooperative agreements, 
including financial assistance with the State of Vermont and other 
entities to further the long-term protection and preservation of the 
identified river segments.
  Since much of the land along the river is private property, the 
designation will allow landowners to emphasize the ecological and 
recreational value of the river while upholding long-established 
property rights. Any land acquisition associated with the Wild and 
Scenic designation must be done by donation and accompanied by a 
written consent from the landowner. The bill also establishes that the 
river segments will not be managed as part of the National Park system.
  I would like to thank and congratulate my colleague from Vermont (Mr. 
Welch) for his work on this bill and on behalf of his constituents.
  With that, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my 
time.
  Mr. GRIJALVA. Mr. Speaker, I yield as much time as he may consume to 
the gentleman from Vermont (Mr. Welch), the author of the legislation.
  Mr. WELCH. Mr. Speaker, I rise in support of H.R. 2569, the Upper 
Missisquoi and Trout Wild and Scenic Rivers Act. That bill would 
designate those two rivers as Wild and Scenic.
  We are pretty excited about this in northern Vermont. As has been 
said, any landowner along the way is going to give permission in order 
for it to be part of it. Also, before this even was brought to a 
legislative committee, town meetings in all of the towns along the 
designation area had discussions in their town halls and, at town 
meeting, voted and requested that this designation be given.
  So what we have to show that there really is excitement about this in 
Vermont is a town vote, and then we have got it built into the 
legislation that the landowner who is directly affected has to give 
permission. So those are good safeguards, and as the chairman said, it 
means that there is no Federal coercion. It is a reflection of local 
desire. So thank you for that.
  These rivers are really beautiful. I hope in your time off, Mr. 
Chairman, when you don't have the burden of this committee and this 
duty, you might come on up and take a look.
  As Mr. Grijalva said, these rivers flow through beautiful farm fields 
and valley floors in northern Vermont. They go under covered bridges 
and through small villages on the way to Lake Champlain, and they have 
served in Vermont as important routes of early trade, sources of water 
and food for local farming communities, and sites for some of the best 
recreational opportunities in the country.
  The community members just love these rivers. They enjoy the 
recreational activity they provide, especially canoeing and kayaking. 
There is a lot of fishing and hunting, swimming and hiking, wildlife 
viewing. It is a place where folks bring their kids, teach them how to 
swim, teach them about nature, teach them about fishing.
  So they also connect up to a canoe trail that spans the entire 
northern New England States. Having that web of rivers that flow one to 
the other accessible is enhanced with this legislation.
  The Wild and Scenic designation, as has been mentioned, would 
recognize that these waterways do have exceptional recreational value, 
something that local proponents have known since they undertook the 
designation process 5 years ago.
  And the folks involved--it is local farmers, town leaders, river 
enthusiasts--they have all had to work together, and they have had to 
talk and knock on doors to the folks who own property along the river. 
As I mentioned, voters in eight towns within the designation area 
strongly affirm the plan for their towns' participation in the Wild and 
Scenic Rivers program.
  This designation is Vermont-based and locally grown. It requires no 
Federal land acquisition or management. It relies on those local and 
State and regional partnerships.
  I want to thank the folks who have helped Mr. Bishop, the chair of 
the subcommittee. Thank you so much for your work on this and for 
putting up with my pestering requests. Ranking Member DeFazio, thank 
you very much for hanging in there. Mr. Grijalva, thank you.
  But I also want to especially thank, on behalf of the State of 
Vermont, the citizens of Berkshire, Enosburg, Enosburg Falls, 
Montgomery, Richford, Troy, North Troy, and Westfield. They worked hard 
in this, and it means a lot to them.

[[Page H7494]]

  Finally, Mr. Speaker, I hope I am not violating any rule of the 
House, but I want to say something personal about the man from 
Washington, my former colleague on the Rules Committee. I am going to 
accuse him of being a good guy. He worked hard on the Rules Committee 
when I was there. He worked hard in his responsibility as chairman of 
this committee.
  You have worked hard for many years serving the people of your 
district and the people of this country over all your years in 
Congress, and I want to thank you that one of your last acts is a 
generous shepherding of this legislation that means so much to the 
folks in northern Vermont.

  Mr. GRIJALVA. Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I have no more requests for 
time and I am prepared to close now. I will have to close after those 
last remarks.
  I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself the balance 
of my time.
  I want to thank my friend from Vermont for those nice words.
  But let me speak to this legislation, because the gentleman correctly 
mentioned--and this has always been a concern of those of us that have 
been somewhat critical of Wild and Scenic designations--that it does 
impact local communities and local private property rights. And this 
legislation here, in working with you, the gentleman recognizes that. I 
think, at least from your debate on the floor, your citizens, your 
constituents, recognize that also at the town meetings. That is a win-
win from my standpoint.
  So I think this is good legislation. I hope the other body takes it 
up intact and we can pass it and sign it into law.
  I do want to thank my friend from Vermont for his kind words, and 
with that, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, H.R. 2569, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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