[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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