39–006 

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.’’. 


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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 


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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 


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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. 


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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. 


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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. 

* * * * * * * 

Æ 


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