[House Report 113-502]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-502

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



 
         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.

           *       *       *       *       *       *       *


                                  
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