[House Report 110-668]
[From the U.S. Government Publishing Office]




110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-668

======================================================================



 
  MISSISQUOI AND TROUT RIVERS WILD AND SCENIC RIVER STUDY ACT OF 2008

                                _______
                                

  May 22, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3667]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3667) to amend the Wild and Scenic Rivers Act to 
designate a segment of the Missisquoi and Trout Rivers in the 
State of Vermont for study for potential addition to 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 amendments is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Missisquoi and Trout Rivers Wild and 
Scenic River Study Act of 2008''.

SEC. 2. DESIGNATION FOR STUDY.

  Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is 
amended by adding at the end the following:
  ``(__) Missisquoi and Trout Rivers, Vermont.--The approximately 25-
mile segment of the upper Missisquoi from its headwaters in Lowell to 
the Canadian border in North Troy; the approximately 25-mile segment 
from the Canadian border in East Richford to Enosburg Falls; and 
approximately 20 miles of the Trout River from its headwaters to its 
confluence with the Missisquoi River.''.

SEC. 3. STUDY AND REPORT.

  Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is 
amended by adding at the end the following:
  ``(19) Missisquoi and Trout Rivers, Vermont.--Not later than 3 years 
after funds are made available to carry out this paragraph, the 
Secretary of the Interior shall--
          ``(A) complete the study of the Missisquoi and Trout Rivers, 
        Vermont, described in subsection (a)(__); and
          ``(B) submit a report describing the results of that study to 
        the appropriate committees of Congress.''.

                          Purpose of the Bill

    The purpose of H.R. 3667 is to amend the Wild and Scenic 
Rivers Act to designate a segment of the Missisquoi and Trout 
Rivers in the State of Vermont for study for potential addition 
to the National Wild and Scenic Rivers System.

                  Background and Need for Legislation

    The Missisquoi River is a tributary of Lake Champlain, 
located in northern Vermont; the Trout River is a tributary of 
the Missisquoi. With its headwaters in Lowell, Vermont, the 
Missisquoi River extends almost 100 miles, flowing north into 
Quebec then returning to Vermont to flow west through the 
Missisquoi National Wildlife Refuge before draining into the 
Missisquoi Bay, an arm of Lake Champlain. While the lower part 
of the Missisquoi near Lake Champlain contains some hydropower 
dams, the sections to be considered for inclusion into the 
National Wild and Scenic River System are comprised of 
approximately 70 miles of unspoiled river, including the Trout 
River tributary.
    The upper part of the Missisquoi River is a remarkable 
example of a northeastern river ecosystem as it runs its course 
though open pastoral fields and native hardwood forests. The 
river is bordered by the largest and perhaps highest quality 
silver maple floodplain forest remaining in the state of 
Vermont. American elm, white ash, white oak, and red maple can 
also be found on its banks. The river is also home to a diverse 
range of animal life, including native rainbow and brown trout, 
rare freshwater mussels, spiny soft-shell turtles and river 
otter. Meanwhile, bobcat, white-tail deer and moose are among 
the abundant wildlife that can be found roaming the river's 
banks. The surrounding marshes also host large flocks of 
migratory birds such as the great blue heron and black tern, as 
well as numerous songbirds.
    In addition to these natural qualities, there are numerous 
Abenaki Indian archeological sites along the floodplain. The 
Missisquoi also possesses outstanding recreational attributes. 
It is part of the Northern Forest Canoe Trail--a historic, 740-
mile water trail through New York, Vermont, Quebec, New 
Hampshire and Maine--and outfitters in the area consider the 
northern part of the river, from the headwaters to the Canadian 
border, to be the preeminent flat-water paddling site in 
Vermont. The river is renowned as well for its scenic gorges 
and waterfalls, and the Great Falls on the upper Missisquoi is 
recognized as Vermont's largest undammed waterfall.
    The segments that would be studied include: the 
approximately 25-mile segment of the Upper Missisquoi from its 
headwaters in Lowell, Vermont to the Canadian border; the 
approximately 25-mile segment from the Canadian border to 
Enosburg Falls; and approximately 20 miles of the Trout River 
from its headwaters to its confluence with the Missisquoi.

                            Committee Action

    H.R. 3667 was introduced on September 25, 2007 by 
Representative Peter Welch (D-VT). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands.
    On April 24, 2008, the Subcommittee held a hearing on the 
bill, during which a representative from the Interior 
Department testified in support of the bill. However the 
Department recommended that fewer sections of the river be 
included in the study than in the bill as introduced, since 
several hydroelectric dams are located on the lower Missisquoi 
River (making this section inappropriate for wild and scenic 
river consideration) and the section of the upper river that 
bows into Canada must be specifically excluded from the study. 
The administration also recommended several technical 
amendments to make the bill consistent with other recently 
enacted wild and scenic river study bills.
    On April 30, 2008, the Natural Resources Committee met to 
consider the bill. The Subcommittee on National Parks, Forests 
and Public Lands was discharged from further consideration of 
H.R. 3667. Subcommittee Chairman Grijalva (D-AZ) offered an 
amendment in the nature of a substitute to H.R. 3667. The 
amendment clarified the sections of the river to be included in 
the study and included technical changes addressing the 
Interior Department's concerns.
    Representative Rob Bishop (R-UT) offered an amendment to 
the amendment in the nature of a substitute (Bishop #1) that 
would have required that written consent be obtained before 
private property could be included in the study. The amendment 
was not agreed to by a roll call vote of 7 yeas and 15 nays, as 
follows:


    Representative Bill Sali (R-ID) offered an amendment to the 
amendment in the nature of a substitute (Sali #2) that requires 
the study to analyze the potential impact of the designation on 
private lands within the Missisquoi and Trout Rivers, and land 
adjacent to the area. The amendment was agreed to by voice 
vote.
    The Grijalva amendment in the nature of a substitute, as 
amended, was then agreed to by voice vote. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Missisquoi and Trout Rivers Wild and Scenic River Study Act 
of 2008''.

Section 2. Designation for study

    Section 2 amends Section 5(a) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1276(a)) to provide that certain sections of the 
Missisquoi and Trout Rivers be studied for their potential 
attributes as a wild and scenic river. Specifically, section 2 
details the segments of the river to be included in the study 
as: ``the approximately 25-mile segment of the Upper Missisquoi 
from its headwaters in Lowell, Vermont to the Canadian border 
in North Troy; the approximately 25-mile segment from the 
Canadian border in East Richford to Enosburg Falls; and the 
approximately 20 miles of the Trout River from its headwaters 
to its confluence with the Missisquoi''.

Section 3. Study and report

    Section 3 amends Section 5(b) of the Wild and Scenic Rivers 
Act to insert language that directs the Secretary of the 
Interior, no later than three years after funds are made 
available to carry out this section, to complete the study of 
the Missisquoi and Trout Rivers, Vermont; and to submit a 
report describing the results of that study to the appropriate 
committees of Congress.

            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.

                   Constitutional Authority Statement

    Article I, section 8 and article IV, section 3, of the 
Constitution of the United States grants Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
    2. 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.
    3. General Performance Goals and Objectives. This bill 
amends the Wild and Scenic Rivers Act to designate a segment of 
the Missisquoi and Trout Rivers in the State of Vermont for 
study for potential addition to the National Wild and Scenic 
Rivers System.
    4. Congressional Budget Office Cost Estimate. 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. 3667--Missisquoi and Trout Rivers Wild and Scenic River Study Act 
        of 2008

    H.R. 3667 would require the National Park Service (NPS) to 
study certain segments of the Missisquoi River and the Trout 
River in Vermont for potential addition to the Wild and Scenic 
Rivers System. Based on information provided by the NPS and 
assuming the availability of appropriated funds, CBO estimates 
that implementing H.R. 3667 would cost about $300,000 over the 
next three years. Enacting H.R. 3667 would not affect revenues 
or direct spending.
    H.R. 3667 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 3667 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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. 5. (a) The following rivers are hereby designated for 
potential addition to the national wild and scenic rivers 
system:
  (1) * * *

           *       *       *       *       *       *       *

  (__) Missisquoi and trout rivers, vermont.--The approximately 
25-mile segment of the upper Missisquoi from its headwaters in 
Lowell to the Canadian border in North Troy; the approximately 
25-mile segment from the Canadian border in East Richford to 
Enosburg Falls; and approximately 20 miles of the Trout River 
from its headwaters to its confluence with the Missisquoi 
River.
  (b)(1) * * *

           *       *       *       *       *       *       *

  (19) Missisquoi and trout rivers, vermont.--Not later than 3 
years after funds are made available to carry out this 
paragraph, the Secretary of the Interior shall--
          (A) complete the study of the Missisquoi and Trout 
        Rivers, Vermont, described in subsection (a)(__); and
          (B) submit a report describing the results of that 
        study to the appropriate committees of Congress.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    We oppose H.R. 3667 in its current form and are perplexed 
as to why regular order in the Natural Resources Committee has 
become an extinct priority. Despite Chairman Rahall's 
assurances that the Committee on Natural Resources would return 
to regular order, the Subcommittee on National Parks, Forests, 
and Public Lands has again been subverted. The legislative 
hearing on H.R. 3667 was held just six days before the full 
committee markup. Needless to say, no time remained for 
Chairman Grijalva's subcommittee to carefully consider the 
legislation, have a subcommittee markup, or even review the 
legislative hearing transcript. If this legislation is ``just a 
study'' as the Majority proclaims, then there is no reason for 
the fervent dismissal of regular order shown by ramming this 
bill through full committee.
    H.R. 3667 puts into motion yet another Wild and Scenic 
River. This time environmentalists have set their sights on two 
rivers in Vermont. While no risk to the river was identified in 
the subcommittee legislative hearing, the Majority has seen fit 
to use federal law to impose zoning regulations. These studies, 
such as the one proposed in H.R. 3667, are marketed as a way to 
determine whether or not a river has the necessary 
characteristics to be designated as a Wild and Scenic River. 
Unfortunately, we have found that the Park Service can 
interpret any river as having these characteristics merely 
because the water is ``free flowing.'' Consequently, what these 
studies amount to are federally subsidized congregations where 
environmentalist and zoning officials sit down and plot 
property restrictions cloaked as ``riparian setbacks.''
    The subcommittee witness on this bill identified the desire 
to continue family farming along the river as a purpose of the 
eventual designation. Our concern is that these family farmers 
may not actually know the details of what this federal zoning 
designation will include and their livelihood will fall victim 
to impractical restrictions.
    An amendment offered by Congressman Bishop of Utah would 
have required the National Park Service to obtain written 
consent from property owners to have their land included in the 
study. This should be a minimal requirement in any study 
preceding a designation. This presents little if any additional 
administrative effort by the National Park Service as they are 
required to study the impacts of the designation of private 
property. Certainly if the National Park Service actually 
conducts an on the ground/water study of the river, as opposed 
to handing off the duty to local environmentalists, they are 
well positioned to contact each land owner along the river. 
Consistent with their antipathy for property rights and 
appetite for a proliferating federal estate, Democrats rejected 
this commonsense amendment.
    Time and time again we have found that these seemingly 
innocuous designations are damaging to private property and 
that boundaries always have consequences. It is past time to 
stop drawing boundaries around Americans and sticking them with 
the fallout.
                                   Rob Bishop.
                                   Jeff Flake.
                                   Cathy McMorris Rodgers.
                                   Don Young.
                                   Bill Sali.

                                  
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