[Senate Report 118-149]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 301
118th Congress      }                                    {      Report
                                 SENATE
 2d Session         }                                    {     118-149

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



 
     NULHEGAN RIVER AND PAUL STREAM WILD AND SCENIC RIVER STUDY ACT

                                _______
                                

                January 9, 2024.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 432]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 432) to amend the Wild and Scenic Rivers 
Act to designate the Nulhegan River and Paul Stream in the 
State of Vermont for potential addition to the national wild 
and scenic rivers system, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 432 is to amend the Wild and Scenic 
Rivers Act to designate the Nulhegan River and Paul Stream in 
the State of Vermont for study for potential addition to the 
National Wild and Scenic Rivers system.

                          Background and Need

    The 22-mile Nulhegan River and the 18-mile Paul Stream, 
both located in northeast Vermont, are tributaries to the 
Connecticut River, the longest river in New England, flowing 
through four states before discharging into the Atlantic Ocean. 
These two rivers are home to native Brook Trout populations 
that thrive under these rivers' cold, deep waters, overhanging 
tree branches, and instream woody habitat. These streams 
experienced large Brook Trout population losses through 
historic logging that occurred in the 19th and 20th centuries. 
State and Federal agencies have recently invested in restoring 
brook trout populations by strategically placing wood and logs 
throughout the Paul and Nulhegan watersheds, and studies have 
shown these additions have increased brook trout populations 
significantly.
    S. 432 authorizes a study on the feasibility of designating 
the Nulhegan River and Paul Stream as additions to the Wild and 
Scenic River System, to further assist in the restoration of 
native brook trout populations as well as conserve the heavily 
wooded biomass near the rivers.

                          Legislative History

    S. 432 was introduced by Senators Welch and Sanders on 
February 15, 2023. The Subcommittee on National Parks held a 
hearing on S. 432 on June 21, 2023.
    Similar legislation, H.R. 1063, was introduced in the House 
of Representatives by Rep. Balint on February 17, 2023.
    Similar legislation, S. 4807 and H.R. 8715, were introduced 
in the 117th Congress by Senators Leahy and Sanders and 
Representative Welch.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on September 21, 2023, by a voice vote of 
a quorum present, recommends that the Senate pass S. 432.

                                Summary

    S. 432 amends section 5(a) of the Wild and Scenic Rivers 
Act (12 U.S.C. 1276(a)) to authorize the Secretary of the 
Interior to conduct a study on the 22-mile segment of the 
Nulhegan River and the 18-mile segment of Paul Stream, as 
described in the bill, to determine their suitability and 
feasibility for potential inclusion in the National Wild and 
Scenic Rivers System.

                   Cost and Budgetary Considerations

    The cost estimate for S. 432 provided by the Congressional 
Budget Office follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 432 would instruct the Department of the Interior (DOI) 
to study segments of the Nulhegan River and Paul Stream in 
Vermont for potential addition to the national wild and scenic 
rivers system. Under the bill, DOI would be required to 
complete the study and report to the Congress on the results 
within three years of enactment.
    Based on the costs of similar studies, CBO estimates that 
implementing the bill would cost less than $500,000 over the 
2024-2028 period; any spending would be subject to the 
availability of appropriated funds.
    The CBO staff contact for this estimate is Kelly Durand. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                      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. 432. 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. 432, as ordered reported.

                   Congressionally Directed Spending

    S. 432, as ordered 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 
June 21, 2023, Subcommittee on National Parks hearing on S. 
432, follows:

     Statement of Michael A. Caldwell, National Park Service, U.S. 
                       Department of the Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on S. 432, to amend the Wild 
and Scenic Rivers Act to designate the Nulhegan River and Paul 
Stream in the State of Vermont for potential addition to the 
national wild and scenic rivers system, and for other purposes.
    The Department supports S. 432. We would like to note that 
there are 22 previously authorized studies for potential units 
of the National Park System, potential new national heritage 
areas, and potential additions to the National Trails System 
and National Wild and Scenic Rivers System that have not yet 
been completed and transmitted to Congress.
    S. 432 would authorize a study to determine whether the 
following river segments meet the criteria for inclusion in the 
National Wild and Scenic Rivers System: The approximately 22-
mile segment of the main stem of the Nulhegan River from the 
headwaters near Nulhegan Pond to the confluence of the 
Connecticut River, and any associated tributaries (including 
the North, Yellow, Black, and East Branches); and the 
approximately 18-mile segment of Paul Stream from the 
headwaters on West Mountain to the confluence with the 
Connecticut River, and any associated tributaries. The bill 
requires the study to be completed no later than three years 
after the date on which funds are made available to carry out 
the study.
    The Nulhegan River and Paul Stream are known for clean, 
free flowing waters, exceptional recreational opportunities, 
and a rich cultural and natural history. The Nulhegan River is 
free flowing, wild, and scenic, and is home to boreal habitats, 
native fisheries, working forests, and small rural settlements. 
Paul Stream is mostly wild and undeveloped. The Nulhegan River 
watershed is home to the Nulhegan Basin Division of the Silvio 
O. Conte National Fish and Wildlife Refuge, the state's Wenlock 
Wildlife Management Area and conserved forestlands. The 
watershed drains approximately 145 square miles and encompasses 
the Vermont towns of Brighton, Bloomfield, Brunswick, 
Maidstone, and the Unified Towns and Gores of Essex County 
(Averill, Avery's Gore, Ferdinand, Lewis, Warren Gore, Warner's 
Grant). There is strong support from these communities, as well 
as from the Abenaki nation, for the study. Additionally, nearly 
a dozen conservation groups have issued letters of support for 
the study.
    If enacted, the National Park Service intends to undertake 
the study in close cooperation with the affected communities, 
relevant state agencies, the U.S. Fish and Wildlife Service, 
and other interested stakeholders using a partnership-based 
study approach. The partnership-based approach is recognized in 
Section 10(e) of the Wild and Scenic Rivers Act as a means of 
encouraging state and local governmental participation in the 
administration of a component of the National Wild and Scenic 
Rivers System. This approach allows for development of a 
proposed river management plan as part of the study, which 
helps landowners and local jurisdictions understand their 
potential future roles in river management should Congress 
decide to designate part or all of the rivers being studied.
    Chairman King, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        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. 432, as ordered reported, are shown below (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):

                     THE WILD AND SCENIC RIVERS ACT

                           Public Law 90-542


AN ACT To provide for a National Wild and Scenic Rivers System, and for 
other purposes.

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *

          (147) Nulhegan river and paul stream, vermont.--The 
        following segments:
                  (A) The approximately 22-mile segment of the 
                main stem of the Nulhegan River from the 
                headwaters near Nulhegan Pond to the confluence 
                with the Connecticut River, and any associated 
                tributaries (including the North, Yellow, 
                Black, and East Branches).
                  (B) The approximately 18-mile segment of Paul 
                Stream from the headwaters on West Mountain to 
                the confluence with the Connecticut River, and 
                any associated tributaries.

           *       *       *       *       *       *       *

    Sec. 5. (b) Studies and reports.

           *       *       *       *       *       *       *

          (24) Nulhegan river and paul stream, vermont.--Not 
        later than 3 years after the date on which funds are 
        made available to carry out this paragraph, the 
        Secretary of the Interior shall--
                  (A) complete the study of the Nulhegan River 
                and Paul Stream segments in Vermont described 
                in subsection (a)(147); and
                  (B) submit to the appropriate committees of 
                Congress a report describing the results of 
                such study.

           *       *       *       *       *       *       *


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