39–010 

Calendar No. 396 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–170 

UPPER MISSISQUOI AND TROUT WILD AND SCENIC 

RIVERS ACT 

MAY 22, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1252] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1252) 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, reports favorably thereon without amendment and recommends that the bill do 

pass. 

PURPOSE

The purpose of S. 1252 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

In 2009, Congress enacted Public Law 111–11, the Omnibus Public Land Management Act. Section 5101 of that Act (123 Stat. 1153) 

directed the Secretary of the Interior to conduct a study of two 25- 

mile stretches of the Upper Missisquoi River in Vermont, along 

with a 20-mile segment of the Trout River, also in Vermont, for potential addition to the National Wild and Scenic Rivers System. 

The National Park Service has prepared a draft study, which has 

determined that segments of the Upper Missisquoi and Trout rivers 

are eligible for inclusion in the National Wild and Scenic Rivers 

System. The draft study is consistent with recommendations of the 

Upper Missisquoi and Trout Rivers Study Committee in its Draft 


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Management Plan for the rivers. The Draft Management Plan 

identified the Upper Missisquoi and Trout Rivers as possessing a 

number of outstandingly remarkable values including working 

landscapes, recreational opportunities, and significant geological 

features. 

The Study Committee recommended that the sections of the two 

rivers be designated as components of the Wild and Scenic River 

System: the Missisquoi River, from the confluence of Burgess 

Branch and the East Branch of the Missisquoi in Lowell to the Canadian border in North Troy (excluding the project areas of the 

Troy and North Troy Hydroelectric Facilities), from the Canadian 

border in Richford to the beginning of the project area of the 

Enosburg Falls Hydroelectric facility; and the Trout River from the 

confluence of Jay and Wade Brooks in Montgomery to where it 

joins the Missisquoi in East Berkshire. 

In accordance with the Draft Management Plan, S. 1252 designates these sections as components of the National Wild and Scenic Rivers System. 

LEGISLATIVE HISTORY

S. 1252 was introduced by Senators Sanders and Leahy on June 

27, 2013. The Subcommittee on National Parks held a hearing on 

S. 1252 on July 31, 2013 (S. Hrg. 113–93). At its business meeting 

on November 21, 2013, the Committee ordered S. 1252 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on November 21, 2013, by a voice vote of a 

quorum present, recommends that the Senate pass S. 1252. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘Upper Missisquoi and 

Trout Wild and Scenic River Act.’’ 

Section 2 amends section 3(a) of the Wild and Scenic Rivers Act 

(16 U.S.C. 1274(a)) to designate two separate sections of the 

Missisquoi River, that are 20.5-miles and 14.6-miles long; and an 

11-mile section of the Trout River as components of the Wild and 

Scenic Rivers System. The Secretary of the Interior (Secretary) is 

directed to administer these segments as recreational rivers under 

the Wild and Scenic Rivers Act. 

Section 3(a)(1) requires that the river segments described in section 2 be managed in accordance with the Upper Missisquoi and 

Trout Rivers Management Plan, including any amendments to the 

management plan that are determined by the Secretary to be consistent with the Act and approved by the Upper Missisquoi and 

Trout Rivers Wild and Scenic Committee. 

Paragraph (2) provides that the management plan finalized in 

March 2013, as may be amended, be considered to satisfy the requirements of section 3(d) of the Wild and Scenic Rivers Act (16 

U.S.C. 1274(d)). 

Subsection (b) directs the Secretary to coordinate management 

responsibility with the Upper Missisquoi and Trout Rivers Wild 

and Scenic Committee. 


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Subsection (c) provides that the Secretary may enter into cooperative agreements that are consistent with the management plan to 

provide for the long-term protection, preservation, and enhancement of the designated river sections with the State of Vermont 

and certain municipalities, as well as appropriate local, regional, 

statewide, or multi-state planning, environmental, or recreational 

organizations, including provisions for financial or other assistance 

from the United States. 

Subsection (d)(1) clarifies that the designation of the river segments as components of the Wild and Scenic Rivers System does 

not preclude 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 terms of licenses or exemptions in effect on the date of enactment. The subsection also 

provides that the designation of the Missisquoi and Trout Rivers 

shall not limit modernization, upgrades, or other changes to the hydroelectric projects, subject to the written determination of the Secretary. 

Paragraph (2) provides that resource protection, mitigation, or 

enhancement measures, that are required by the Federal Energy 

Regulatory Commission shall not be considered to be project works 

and that, subject to a written determination of the Secretary, these 

measures may be located within the river segments designated 

under this Act. 

Subsection (e)(1) states that zoning ordinances adopted by the 

listed towns, including provisions for conservation of floodplains, 

wetlands, and watercourses, 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)) (which prohibits the Secretary by acquiring lands by condemnation within a designated Wild and Scenic River boundary when valid local zoning ordinances are in place 

which are consistent with the Wild and Scenic Rivers Act.) 

Paragraph (2) limits the Secretary’s authority to acquire land for 

the purposes of the segments designated by this Act to acquisition 

by donation or purchase with the consent of the land owner, subject 

to additional criteria set forth in the management plan. 

Subsection (f) provides that the Missisquoi and Trout rivers shall 

not be administered as part of the National Park System and that 

they not be subject to the regulations that govern the National 

Park System, notwithstanding section 10(c) of the Wild and Scenic 

Rivers Act. 

Subsection (g)(1) and (2) contains a Congressional finding that a 

3.8-mile segment of the Missisquoi River from the confluence of the 

Burgess Branch and East Branch in Lowell to the Lowell/Westfield 

town line is eligible and suitable for designation as a recreational 

river if the Secretary determines that there is adequate local support for the designation. 

Paragraph (3) directs the Secretary, upon the determination that 

there is adequate local support for the additional segment, to publish a notice of the designation in the Federal Register, designate 

the additional segment in accordance with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), and administer the additional segment as a recreational river. 


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Paragraph (4) requires that the Secretary determine that there 

is adequate local support for the designation of the additional segment, if the voters of the town of Lowell, Vermont express by a majority vote a desire for the designation. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1252—Upper Missisquoi and Trout Wild and Scenic Rivers Act 

S. 1252 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 2014– 

2018 period, assuming the availability of the necessary amounts. 

Under the legislation, the NPS would administer the river segments in partnership with an advisory committee composed of local 

representatives. Based on similar management partnerships in the 

region, CBO estimates that the NPS would provide $175,000 annually to the advisory committee to manage the river segments. Enacting S. 1252 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

S. 1252 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. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

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. 1252. 

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. 1252, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1252, as 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 July 

31, 2013, Subcommittee on National Parks hearing on S. 1252 follows: 


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STATEMENT OF STEPHANIE TOOTHMAN, ASSOCIATE DIRECTOR, CULTURAL RESOURCES, PARTNERSHIPS, AND

SCIENCE, NATIONAL PARK SERVICE, DEPARTMENT OF THE

INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before your committee today to present the views of the 

Department of the Interior on S. 1252, a bill to amend the 

Wild and Scenic Rivers Act to designate certain segments 

of the Missisquoi River and the Trout River in the State 

of Vermont, as components of the Wild and Scenic Rivers 

System. 

The Department has preliminarily determined through 

the National Park Service’s draft study of the Upper 

Missisquoi and Trout rivers that the segments proposed 

for designation under this bill are eligible for inclusion into 

the National Wild and Scenic Rivers System. However, the 

study report is only in the preliminary internal review 

stage. We recommend that the committee defer action on 

S. 1252 until the study is completed, which is consistent 

with the Department’s general policy on legislation designating additions to the Wild and Scenic Rivers System 

when a study of the subject is pending. 

S. 1252 would designate two segments of the Upper 

Missisquoi River totaling 35.1 miles and the entire 

mainstem 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. 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, 

as specified in the plan. The bill would authorize the Secretary to enter into cooperative agreements with the State 

of Vermont, the adjoining communities, and appropriate 

local planning and environmental organizations. The legislation follows the model of other recent New England Wild 

and Scenic River designations based on a ‘‘partnership’’ 

model emphasizing locally based management solutions 

and a limited federal role. 

S. 1252 would exclude from designation the property and 

project boundaries associated with the Troy and North 

Troy hydroelectric projects, both of which are small, runof-river projects that have Federal Energy Regulatory 

Commission (FERC) exemptions—permanent authority to 

operate under existing terms. A third hydroelectric facility, 

the Enosburg Falls project, lies immediately downstream 

of the lower endpoint of the Missisquoi mainstem proposed 

designation. The Department does not view these projects 

as being in conflict with the proposed designation. 

S. 1252 also contains language that would allow the Secretary to designate an additional 3.8 mile segment at the 

headwaters of the Missisquoi within the Town of Lowell, 

subject to a finding of sufficient local support. This proviVerDate Mar 15 2010 00:49 May 28, 2014 Jkt 039010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR170.XXX SR170

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sion would allow the Town of Lowell, which did not support designation at its March 2013 Town Meeting, to opt 

into the designation at some future point without the need 

for additional congressional action. 

The study of the Upper Missisquoi and Trout was authorized by P.L. 111–11, the Omnibus Public Land Management Act of 2009. The National Park Service has conducted the study in close cooperation with the adjoining 

communities, the State of Vermont, the Missisquoi River 

Basin Association, and other interested local parties. Technical assistance provided as a part of the study made possible the development of the Upper Missisquoi and Trout 

Rivers Management Plan (March 2013). This plan is based 

primarily around local partner actions designed to guide 

the management of the Upper Missisquoi and Trout rivers 

with or without a National Wild and Scenic River designation. Although the Wild and Scenic Rivers Act requires the 

development of a comprehensive river management plan 

within three years of the date of designation, it has become the practice of the National Park Service to prepare 

this plan as part of a study of potential wild and scenic 

rivers when much of the river runs through private lands. 

This allows the National Park Service to consult widely 

with local landowners, federal and state land management 

agencies, local governments, river authorities, and other 

groups that have interests related to the river prior to any 

recommendation for designation. Early preparation of the 

plan also assures input from these entities as well as users 

of the river on the management strategies that would be 

needed to protect the river’s resources. 

While the study has not been finalized, the data collected and presented in the preparation of the Management Plan support the conclusion that the segments proposed for designation by S. 1252 exhibit free-flowing character and the presence of outstandingly remarkable natural, cultural and recreation resource values consistent 

with Wild and Scenic River eligibility. The study process, 

which culminated in town meeting votes supporting both 

the Management Plan and Wild and Scenic River designation, has also demonstrated strong local, state and partner 

support crucial to successful long-term management and 

protection of partnership-based Wild and Scenic Rivers. 

Resource values of note include the Northern Forest Canoe 

Trail which utilizes a portion of the Upper Missisquoi, and 

is developing substantial momentum as a regional and national canoe route. Big Falls State Park on the Missisquoi 

is home to Vermont’s largest undammed falls and is one 

of numerous spectacular falls and gorges exhibited by the 

river and its tributaries. The Trout River in Montgomery 

is also the location of a collection of National Register-listed covered bridges considered one of the most significant 

assemblages in the State of Vermont. 

If S. 1252 is enacted, the Upper Missisquoi and Trout 

would be administered as a partnership wild and scenic 

river, similar to several other designations in the NorthVerDate Mar 15 2010 00:49 May 28, 2014 Jkt 039010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR170.XXX SR170

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east, including the upper Farmington River and the 

Eightmile River in Connecticut, and the Lamprey River in 

New Hampshire. This approach emphasizes local and state 

management solutions, and has proven effective as a 

means of protecting outstandingly remarkable natural, cultural, and recreational resource values without the need 

for direct federal management or land acquisition. 

Mr. Chairman, this concludes my prepared remarks. I 

would be happy to answer any questions you or other committee members may have regarding this bill. 

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. 

1252, as ordered reported, are shown as follows (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): 

WILD AND SCENIC RIVERS ACT 

Public Law 90–542 

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

purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That (a) this Act 

may be cited as the ‘‘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: 

* * * * * * * 

(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 on 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. 

* * * * * * * 

Æ 


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