PUBLIC LAW 109–452—DEC. 22, 2006 120 STAT. 3363

Public Law 109–452

109th Congress

An Act

To amend the Wild and Scenic Rivers Act to designate portions of the Musconetcong

River in the State of New Jersey as a component of the 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,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Musconetcong Wild and Scenic

Rivers Act’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) the Secretary of the Interior, in cooperation and consultation with appropriate Federal, State, regional, and local

agencies, is conducting a study of the eligibility and suitability

of the Musconetcong River in the State of New Jersey for

inclusion in the Wild and Scenic Rivers System;

(2) the Musconetcong Wild and Scenic River Study Task

Force, with assistance from the National Park Service, has

prepared a river management plan for the study area entitled

‘‘Musconetcong River Management Plan’’ and dated April 2003

that establishes goals and actions to ensure long-term protection of the outstanding values of the river and compatible

management of land and water resources associated with the

Musconetcong River; and

(3) 13 municipalities and 3 counties along segments of

the Musconetcong River that are eligible for designation have

passed resolutions in which the municipalities and counties—

(A) express support for the Musconetcong River

Management Plan;

(B) agree to take action to implement the goals of

the management plan; and

(C) endorse designation of the Musconetcong River as

a component of the Wild and Scenic Rivers System.

SEC. 3. DEFINITIONS.

In this Act:

(1) ADDITIONAL RIVER SEGMENT.—The term ‘‘additional

river segment’’ means the approximately 4.3-mile Musconetcong

River segment designated as ‘‘C’’ in the management plan,

from Hughesville Mill to the Delaware River Confluence.

(2) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the river management plan prepared by the

Musconetcong River Management Committee, the National

16 USC 1274

note.

16 USC 1271

note.

Musconetcong

Wild and Scenic

Rivers Act.

Dec. 22, 2006

[S. 1096]

120 STAT. 3364 PUBLIC LAW 109–452—DEC. 22, 2006

Park Service, the Heritage Conservancy, and the Musconetcong

Watershed Association entitled ‘‘Musconetcong River Management Plan’’ and dated April 2003 that establishes goals and

actions to—

(A) ensure long-term protection of the outstanding

values of the river segments; and

(B) compatible management of land and water

resources associated with the river segments.

(3) RIVER SEGMENT.—The term ‘‘river segment’’ means any

segment of the Musconetcong River, New Jersey, designated

as a scenic river or recreational river by section 3(a)(167) of

the Wild and Scenic Rivers Act (as added by section 4).

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 4. DESIGNATION OF PORTIONS OF MUSCONETCONG RIVER, NEW

JERSEY, AS SCENIC AND RECREATIONAL RIVERS.

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:

‘‘(167) MUSCONETCONG RIVER, NEW JERSEY.— ‘‘(A) DESIGNATION.—The 24.2 miles of river segments in

New Jersey, consisting of—

‘‘(i) the approximately 3.5-mile segment from Saxton

Falls to the Route 46 bridge, to be administered by the

Secretary of the Interior as a scenic river; and

‘‘(ii) the approximately 20.7-mile segment from the

Kings Highway bridge to the railroad tunnels at

Musconetcong Gorge, to be administered by the Secretary

of the Interior as a recreational river.

‘‘(B) ADMINISTRATION.—Notwithstanding section 10(c), the

river segments designated under subparagraph (A) shall not

be administered as part of the National Park System.’’.

SEC. 5. MANAGEMENT.

(a) MANAGEMENT PLAN.— (1) IN GENERAL.—The Secretary shall manage the river

segments in accordance with the management plan.

(2) SATISFACTION OF REQUIREMENTS FOR PLAN.—The

management plan shall be considered to satisfy the requirements for a comprehensive management plan for the river

segments under section 3(d) of the Wild and Scenic Rivers

Act (16 U.S.C. 1274(d)).

(3) RESTRICTIONS ON WATER RESOURCE PROJECTS.—For purposes of determining whether a proposed water resources

project would have a direct and adverse effect on the values

for which a river segment is designated as part of the Wild

and Scenic Rivers System under section 7(a) of the Wild and

Scenic Rivers Act (16 U.S.C. 1278(a)), the Secretary shall consider the extent to which the proposed water resources project

is consistent with the management plan.

(4) IMPLEMENTATION.—The Secretary may provide technical

assistance, staff support, and funding to assist in the

implementation of the management plan.

(b) COOPERATION.—

(1) IN GENERAL.—The Secretary shall manage the river

segments in cooperation with appropriate Federal, State,

regional, and local agencies, including—

(A) the Musconetcong River Management Committee;

16 USC 1274

note.

PUBLIC LAW 109–452—DEC. 22, 2006 120 STAT. 3365

(B) the Musconetcong Watershed Association;

(C) the Heritage Conservancy;

(D) the National Park Service; and

(E) the New Jersey Department of Environmental

Protection.

(2) COOPERATIVE AGREEMENTS.—Any cooperative agreement entered into under section 10(e) of the Wild and Scenic

Rivers Act (16 U.S.C. 1281(e)) relating to a river segment—

(A) shall be consistent with the management plan;

and

(B) may include provisions for financial or other assistance from the United States to facilitate the long-term

protection, conservation, and enhancement of the river segment.

(c) LAND MANAGEMENT.—

(1) IN GENERAL.—The Secretary may provide planning,

financial, and technical assistance to local municipalities and

nonprofit organizations to assist in the implementation of

actions to protect the natural and historic resources of the

river segments.

(2) PLAN REQUIREMENTS.—After adoption of recommendations made in section IV of the management plan, the zoning

ordinances of the municipalities bordering the segments shall

be considered to satisfy the standards and requirements under

section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.

1277(c)).

(d) DESIGNATION OF ADDITIONAL RIVER SEGMENT.—

(1) FINDING.—Congress finds that the additional river segment is suitable for designation as a recreational river if the

Secretary determines that there is adequate local support for

the designation of the additional river segment in accordance

with paragraph (3).

(2) DESIGNATION AND ADMINISTRATION.—If the Secretary

determines that there is adequate local support for designating

the additional river segment as a recreational river—

(A) the Secretary shall publish in the Federal Register

notice of the designation of the segment;

(B) the 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 river

segment as a recreational river.

(3) CRITERIA FOR LOCAL SUPPORT.—In determining whether

there is adequate local support for the designation of the additional river segment, the Secretary shall consider the preferences of local governments expressed in resolutions concerning designation of the additional river segment.

Federal Register,

publication.

Notice.

120 STAT. 3366 PUBLIC LAW 109–452—DEC. 22, 2006

LEGISLATIVE HISTORY—S. 1096 (H.R. 1307):

HOUSE REPORTS: No. 109–427 accompanying H.R. 1307 (Comm. on Resources).

SENATE REPORTS: No. 109–193 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 151 (2005): Dec. 16, considered and passed Senate.

Vol. 152 (2006): Dec. 8, considered and passed House.

Æ

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as are necessary to carry out this

Act and the amendments made by this Act.

Approved December 22, 2006.