H.R. 3667—Missisquoi and Trout Rivers Wild and Scenic River Study Act of 2008 (Welch, D-VT) 

The rule waives all points of order against consideration of the bill, except those regarding PAYGO and earmarks, waives all points of order against the bill itself—except the PAYGO rule—and allows the Chair to postpone consideration of the legislation at any time during its consideration. The rule allows one motion to recommit with or without instructions.

: H.R. 3667 would require the Secretary of the Interior to study approximately 70 miles of the Missisquoi and Trout rivers in Vermont to determine whether certain segments of the rivers should be designated as a part of the Wild and Scenic River System.

H.R. 3667 would study three different segments of the two rivers for potential inclusion as a Wild and Scenic River. The bill would study a 25-mile segment of the Upper Missisquoi from its headwaters in Lowell, Vermont to the Canadian border; a 25-mile segment from the Canadian border to Enosburg Falls; and a 20-mile segment of the Trout River from its headwaters to its confluence with the Missisquoi.

H.R. 3667 would require the Secretary of Interior, within three years of receiving funds, to conduct a study that includes an analysis of the potential impact on private lands within the designation, a complete study of the river segments described in the bill, and a report describing the results of the study.  

: There are currently 166 rivers designated as part of the Wild and Scenic Rivers System, stretching some 11,000 miles through 38 states. Each segment is managed by the Department of Interior (DOI) or the Department of Agriculture (USDA), either through the Bureau of Land Management (BLM), the National Park Service (NPS), the Fish and Wildlife Service (FWS), or the Forest Service (USFS). Rivers designated as segments of the Wild and Scenic Rivers System are arranged according to one of three classifications:

• Wild Rivers: Rivers that are free from dams or other impoundments and are usually underdeveloped only accessible via trail.
  
• Scenic Rivers: Rivers that are free from dams or other impoundments, but are accessible via roads and may have some development along their shore.
  
• Recreational Rivers: According to the Wild and Scenic Rivers Act of 1968, recreational rivers are "those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past." [Emphasis added].

Before a river may be designated as a Wild and Scenic River it must undergo a study by the Secretary of Interior, which H.R. 3667 would authorize.

The Wild and Scenic Rivers Act of 1968 (P.L. 90-542) was enacted in order to protect the natural characteristics of the nation’s "outstanding" free flowing rivers and their immediate surrounding environments. Specifically, the legislation was created to prohibit the construction of dams or other facilities that endanger the free flow and/or resource value of the river. According to the Congressional Research Service (CRS), at the time the Act was passed it was a national policy for the federal government to construct dams and flood control treatment facilities along the nation’s rivers. Such "impoundments" often resulted in the permanent alteration of the river’s flow or the geography of the land surrounding the river. The Wild and Scenic Rivers Act was passed as a means by which to set-aside certain rivers in order to protect their natural free flow from future development.

• Prohibits dams or other federally approved projects on the river;
  
• Protects outstanding natural, cultural, and recreational resources;
  
• Ensures that selected rivers’ water quality is maintained;
  
• Requires a comprehensive river management plan to establish resource protection and river management practices.

Though the original purpose of the Wild and Scenic Rivers Act was to prohibit the construction of dams and other facilities that alter the fundamental characteristics of a particularly pristine and secluded river, the definition of a "Wild and Scenic River" has been greatly expanded through legislation. While the development and construction restrictions on Wild and Scenic Rivers have stayed the same, the requirements for designating a Wild and Scenic River have loosened extensively since the Act was originally passed in 1968. Illustrating this point, Rep. Barney Frank, arguing for H.R. 415, which included an industrial section of the Taunton River as a segment of the Wild and Scenic River System, stated on July 16, 2008:

As the view that any segment of river can properly be designated as a Wild and Scenic River becomes more pervasive on Capitol Hill, it is likely that more and more rivers, and local residents along those rivers, will be affected by development restrictions.

During the committee mark-up of H.R. 3667, Rep. Rob Bishop offered an amendment that would have required the National Park Service (NPS) to obtain written consent from private property owners along the Missisquoi and Trout rivers to have their land include in the designation. This amendment sought to protect property owners within the purposed designation from potentially unwanted and restrictive zoning regulations under the river management plan, but was defeated on a party line vote.

Some conservatives may be concerned that H.R. 3667 does not specifically require the Secretary of Interior to notify the owners of private property along the river of the new designation or let them decline from participating. Inclusion in the designated area could block future private development rights along the shore of the Missisquoi and Trout rivers without the knowledge of the local residents.  

: H.R. 3667 was introduced on September 25, 2007, and was referred to the Committee on Natural Resources’ Subcommittee on National Parks, Forests, and Public Lands. On April 24, 2008, the subcommittee hearings were held. The bill was discharged from the subcommittee without further action on April 30, 2008. That same day, the full committee held a mark-up and the bill was reported, as amended, by voice vote.

: According to CBO, implementing H.R. 3667 would cost the National Park Service (NPS) $300,000 over three years to study the area described in the bill.

Yes, the bill creates a new federal Wild and Scenic River study. 

No.

 1. Rahall (D-WV). The amendment requires the Secretary of the Interior, while carrying out the study required by the bill, to analyze the potential impacts of a Wild and Scenic River designation on the possession or use of a weapon, trap, or net, including a concealed weapon in the designated area. 

2. Bishop (R-UT). The amendment requires the Secretary of the Interior, while carrying out the study required by the bill, to include an assessment of any effect the Wild and Scenic River designation is likely to have on energy production or conveyance.

3. Flake (R-AZ). The amendment would state that nothing in this Act shall be construed as authorizing appropriations to create a new component of the Wild and Scenic Rivers System.