Sec. 3072. Missisquoi and Trout wild and scenic rivers, Vermont
930 words·~4 min read·
/bill/113/hr/3979/eah/section-3072A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by inserting after paragraph (211), as added by section 3071(a), the following: The following segments in the State of Vermont, to be administered by the Secretary of the Interior as a recreational river: 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.
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. 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. . The river segments designated by paragraph
(212)of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) shall be managed in accordance with— 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 subsection as the management plan ); and such amendments to the management plan as the Secretary of the Interior determines are consistent with this section and as are approved by the Upper Missisquoi and Trout Rivers Wild and Scenic Committee (referred to in this subsection as the Committee ). 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) ). Nothing in paragraph
(212)of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) creates a protective perimeter or buffer zone outside the designated boundary of the river segments designated by that paragraph. The fact that an activity or use can be seen or heard within the boundary of the river segments designated by paragraph
(212)of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) shall not preclude the activity or use outside the boundary of the river segments. The Secretary shall coordinate management responsibility of the Secretary of the Interior under this section with the Committee, as specified in the management plan. In order to provide for the long-term protection, preservation, and enhancement of the river segments designated by paragraph
(212)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— the State of Vermont; the municipalities of Berkshire, Enosburg Falls, Enosburgh, Montgomery, North Troy, Richford, Troy, and Westfield; and appropriate local, regional, statewide, or multi-state planning, environmental, or recreational organizations. Each cooperative agreement entered into under this paragraph shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. The designation of the river segments by paragraph
(212)of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ), 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 the terms of licenses or exemptions in effect on the date of enactment of this Act; or limit modernization, upgrade, or other changes to the projects described in clause (i), subject to written determination by the Secretary of the Interior that the changes are consistent with the purposes of the designation. Resource protection, mitigation, or enhancement measures required by Federal Energy Regulatory Commission hydropower proceedings— shall not be considered to be project works for purposes of this section; and may be located within the river segments designated by paragraph
(212)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. For the purpose of the segments designated by paragraph
(212)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) ). The authority of the Secretary to acquire land for the purposes of the segments designated by paragraph
(212)of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) shall be— limited to acquisition by donation or acquisition with the consent of the owner of the land; and subject to the additional criteria set forth in the management plan. No land or interest in land within the boundary of the river segments designated by paragraph
(212)of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) may be acquired by condemnation. 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.
Connectionstraces to 4
Citation graph
cites case law
Sec. 3072
Missisquoi and Trout wild and scenic rivers, Vermont
Cites 4Cited by 0 across 0 sources