S. 1252 — Reported in Senate

II Calendar No. 396 113th CONGRESS 2d Session S. 1252 [Report No. 113–170] IN THE SENATE OF THE UNITED STATES June 27, 2013Mr. Sanders (for himself and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources May 22, 2014Reported by Ms. Landrieu, without amendment A BILL 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. 1. Short title This Act may be cited as the Upper Missisquoi and Trout Wild and Scenic Rivers Act. 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. . 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, environmental, or recreational organizations. (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 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) subject to written determination by the Secretary of the Interior that the changes are consistent with the purposes of the designation. (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)), subject to a written determination by the Secretary that the measures are consistent with the purposes of the designation. (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 acquisition with the consent of the owner of the land; and (B) subject to the additional criteria set forth in the management plan. (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) Designation of Additional Segment (1) Definition of Additional Segment In this subsection, the term “additional segment” means the 3.8-mile segment of the Missisquoi River extending from the confluence of the Burgess Branch and East Branch of the Missisquoi River in Lowell to the Lowell/Westfield town line. (2) Findings Congress finds that the additional segment is eligible and suitable for designation as a recreational river if the Secretary of the Interior determines that there is adequate local support for the designation in accordance with paragraph (4). (3) Designation and administration If the Secretary of the Interior determines that there is adequate local support for the designation of the additional segment in accordance with paragraph (4)— (A) the Secretary shall publish in the Federal Register notice of the designation of the additional segment; (B) the additional segment shall be designated as a recreational river in accordance with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and (C) the Secretary shall administer the additional segment as a recreational river. (4) Determination of local support The Secretary of the Interior shall determine that there is adequate local support for the designation of the additional segment as a recreational river if the legal voters of the town of Lowell, Vermont express by a majority vote a desire for the designation. May 22, 2014Reported without amendment