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[Senate Report 113-170]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 396
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-170

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         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 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.
    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.
    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:

     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, run-of-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 provision 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 Northeast, 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''.

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    Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:

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    (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.

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