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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1296 Reported in Senate (RS)]

                                                       Calendar No. 363

106th CONGRESS

  1st Session

                                S. 1296

                          [Report No. 106-207]

_______________________________________________________________________

                                 A BILL

   To designate portions of the lower Delaware River and associated 
   tributaries as a component of the National Wild and Scenic Rivers 
                                System.

_______________________________________________________________________

                            November 2, 1999

                       Reported with an amendment

                                                       Calendar No. 363
106th CONGRESS
  1st Session
                                S. 1296

                          [Report No. 106-207]

   To designate portions of the lower Delaware River and associated 
   tributaries as a component of the National Wild and Scenic Rivers 
                                System.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 28, 1999

   Mr. Daschle (for Mr. Lautenberg (for himself, Mr. Torricelli, Mr. 
 Santorum, and Mr. Specter)) introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

                            November 2, 1999

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   To designate portions of the lower Delaware River and associated 
   tributaries as a component of the National Wild and Scenic Rivers 
                                System.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Lower Delaware Wild and 
Scenic Rivers Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) Public Law 102-460 directed the Secretary of 
        the Interior, in cooperation and consultation with appropriate 
        Federal, State, regional, and local agencies, to conduct a 
        study of the eligibility and suitability of the lower Delaware 
        River for inclusion in the Wild and Scenic Rivers 
        System;</DELETED>
        <DELETED>    (2) during the study, the Lower Delaware Wild and 
        Scenic River Study Task Force and the National Park Service 
        prepared a river management plan for the study area entitled 
        ``Lower Delaware River Management Plan'' and dated August 1997, 
        which establishes goals and actions that will ensure long-term 
        protection of the river's outstanding values and compatible 
        management of land and water resources associated with the 
        river; and</DELETED>
        <DELETED>    (3) after completion of the study, 24 
        municipalities along segments of the Delaware River eligible 
        for designation passed resolutions supporting the Lower 
        Delaware River Management Plan, agreeing to take action to 
        implement the goals of the plan, and endorsing designation of 
        the river.</DELETED>

<DELETED>SEC. 3. DESIGNATION.</DELETED>

<DELETED>    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(a)) is amended--</DELETED>
        <DELETED>    (1) by designating the first undesignated 
        paragraph following paragraph 156, pertaining to Elkhorn Creek 
        and enacted by Public Law 104-208, as paragraph 157;</DELETED>
        <DELETED>    (2) by designating the second undesignated 
        paragraph following paragraph 156, pertaining to the Clarion 
        River, Pennsylvania, and enacted by Public Law 104-314, as 
        paragraph 158;</DELETED>
        <DELETED>    (3) by designating the third undesignated 
        paragraph following paragraph 156, pertaining to the Lamphrey 
        River, New Hampshire, and enacted by Public Law 104-333, as 
        paragraph 159;</DELETED>
        <DELETED>    (4) by striking the fourth undesignated paragraph 
        following paragraph 156, pertaining to Elkhorn Creek and 
        enacted by Public Law 104-333; and</DELETED>
        <DELETED>    (5) by adding at the end the following:</DELETED>
        <DELETED>    ``(160) Lower delaware river and associated 
        tributaries, new jersey and pennsylvania.--</DELETED>
                <DELETED>    ``(A) Segments.--The 65.6 miles of river 
                segments in New Jersey and Pennsylvania, consisting 
                of--</DELETED>
                        <DELETED>    ``(i) the segment from river mile 
                        193.8 to the northern border of the city of 
                        Easton, Pennsylvania (approximately 10.5 miles, 
                        16.9 kilometers), to be administered by the 
                        Secretary of the Interior as a recreational 
                        river;</DELETED>
                        <DELETED>    ``(ii) the segment from a point 
                        just south of the Gilbert Generating Station to 
                        a point just north of the Point Pleasant 
                        Pumping Station (approximately 14.2 miles, 22.8 
                        kilometers), to be administered by the 
                        Secretary of the Interior as a recreational 
                        river;</DELETED>
                        <DELETED>    ``(iii) the segment from the point 
                        just south of the Point Pleasant Pumping 
                        Station to a point 1,000 feet north of the 
                        Route 202 bridge (approximately 6.3 miles, 10.1 
                        kilometers), to be administered by the 
                        Secretary of the Interior as a recreational 
                        river;</DELETED>
                        <DELETED>    ``(iv) the segment from a point 
                        1,750 feet south of the Route 202 bridge to the 
                        southern border of the town of New Hope, 
                        Pennsylvania (approximately 1.9 miles, 3.0 
                        kilometers), to be administered by the 
                        Secretary of the Interior as a recreational 
                        river;</DELETED>
                        <DELETED>    ``(v) the segment from the 
                        southern boundary of the town of New Hope, 
                        Pennsylvania, to the town of Washington 
                        Crossing, Pennsylvania (approximately 6 miles, 
                        9.7 kilometers), to be administered by the 
                        Secretary of the Interior as a recreational 
                        river;</DELETED>
                        <DELETED>    ``(vi) Tinicum Creek 
                        (approximately 14.7 miles, 23.7 kilometers), to 
                        be administered by the Secretary of the 
                        Interior as a scenic river;</DELETED>
                        <DELETED>    ``(vii) Tohickon Creek from the 
                        Lake Nockamixon Dam to the Delaware River 
                        (approximately 10.7 miles, 17.2 kilometers), to 
                        be administered by the Secretary of the 
                        Interior as a scenic river; and</DELETED>
                        <DELETED>    ``(viii) Paunacussing Creek in 
                        Solebury Township (approximately 3 miles, 4.8 
                        kilometers), to be administered by the 
                        Secretary of the Interior as a recreational 
                        river.</DELETED>
                <DELETED>    ``(B) Administration.--The segments shall 
                be administered by the Secretary of the Interior as a 
                component of the National Park System.</DELETED>
                <DELETED>    ``(C) Management of segments.--The 
                segments shall be managed--</DELETED>
                        <DELETED>    ``(i) in accordance with the river 
                        management plan entitled `Lower Delaware River 
                        Management Plan' and dated August 1997, 
                        (referred to in this paragraph as the 
                        `management plan'), prepared by the Lower 
                        Delaware Wild and Scenic River Study Task Force 
                        and the National Park Service, which 
                        establishes goals and actions that will ensure 
                        long-term protection of the river's outstanding 
                        values and compatible management of land and 
                        water resources associated with the river; 
                        and</DELETED>
                        <DELETED>    ``(ii) in cooperation with 
                        appropriate Federal, State, regional, and local 
                        agencies, including--</DELETED>
                                <DELETED>    ``(I) the New Jersey 
                                Department of Environmental 
                                Protection;</DELETED>
                                <DELETED>    ``(II) the Pennsylvania 
                                Department of Conservation and Natural 
                                Resources;</DELETED>
                                <DELETED>    ``(III) the Delaware and 
                                Lehigh Navigation Canal Heritage 
                                Corridor Commission;</DELETED>
                                <DELETED>    ``(IV) the Delaware and 
                                Raritan Canal Commission; and</DELETED>
                                <DELETED>    ``(V) the Delaware River 
                                Greenway Partnership.</DELETED>
                <DELETED>    ``(D) Satisfaction of requirements for 
                plan.--The management plan shall be considered to 
                satisfy the requirements for a comprehensive management 
                plan under subsection (d).</DELETED>
                <DELETED>    ``(E) Federal role.--</DELETED>
                        <DELETED>    ``(i) Restrictions on water 
                        resource projects.--In determining under 
                        section 7(a) whether a proposed water resources 
                        project would have a direct and adverse effect 
                        on the value for which a segment is designated 
                        as part of the national wild and scenic rivers 
                        system, the Secretary shall consider the extent 
                        to which the project is consistent with the 
                        management plan.</DELETED>
                        <DELETED>    ``(ii) Cooperative agreements.--
                        Any cooperative agreements entered into under 
                        section 10(e) relating to any of the segments 
                        shall--</DELETED>
                                <DELETED>    ``(I) be consistent with 
                                the management plan; and</DELETED>
                                <DELETED>    ``(II) may include 
                                provisions for financial or other 
                                assistance from the United States to 
                                facilitate the long-term protection, 
                                conservation, and enhancement of the 
                                segments.</DELETED>
                        <DELETED>    ``(iii) Support for 
                        implementation.--The Secretary may provide 
                        technical assistance, staff support, and 
                        funding to assist in the implementation of the 
                        management plan.</DELETED>
                <DELETED>    ``(F) Land management.--</DELETED>
                        <DELETED>    ``(i) In general.--The Secretary 
                        may provide planning, financial, and technical 
                        assistance to local municipalities to assist in 
                        the implementation of actions to protect the 
                        natural, economic, and historic resources of 
                        the segments.</DELETED>
                        <DELETED>    ``(ii) Plan requirements.--After 
                        adoption of recommendations made in section III 
                        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).</DELETED>
                <DELETED>    ``(G) Additional segments.--</DELETED>
                        <DELETED>    ``(i) In general.--In this 
                        subparagraph, the term `additional segment' 
                        means--</DELETED>
                                <DELETED>    ``(I) the segment from the 
                                Delaware Water Gap to the Toll Bridge 
                                connecting Columbia, New Jersey, and 
                                Portland, Pennsylvania (approximately 
                                9.2 miles, 14.8 kilometers), which, if 
                                made part of the national wild and 
                                scenic river system in accordance with 
                                this subparagraph, shall be 
                                administered by the Secretary as a 
                                recreational river;</DELETED>
                                <DELETED>    ``(II) the segment from 
                                the Erie Lackawanna railroad bridge to 
                                the southern tip of Dildine Island 
                                (approximately 3.6 miles, 5.8 
                                kilometers), which, if made part of the 
                                national wild and scenic river system 
                                in accordance with this subparagraph, 
                                shall be administered by the Secretary 
                                as a recreational river;</DELETED>
                                <DELETED>    ``(III) the segment from 
                                the southern tip of Mack Island to the 
                                northern border of the town of 
                                Belvidere, New Jersey (approximately 2 
                                miles, 3.2 kilometers), which, if made 
                                part of the national wild and scenic 
                                river system in accordance with this 
                                subparagraph, shall be administered by 
                                the Secretary as a recreational 
                                river;</DELETED>
                                <DELETED>    ``(IV) the segment from 
                                the southern border of the town of 
                                Phillipsburg, New Jersey, to a point 
                                just north of Gilbert Generating 
                                Station (approximately 9.5 miles, 15.2 
                                kilometers), which, if made part of the 
                                national wild and scenic river system 
                                in accordance with this subparagraph, 
                                shall be administered by the Secretary 
                                as a recreational river;</DELETED>
                                <DELETED>    ``(V) Paulinskill River in 
                                Knowlton Township (approximately 2.4 
                                miles, 3.8 kilometers), which, if made 
                                part of the national wild and scenic 
                                river system in accordance with this 
                                subparagraph, shall be administered by 
                                the Secretary as a recreational river; 
                                and</DELETED>
                                <DELETED>    ``(VI) Cook's Creek 
                                (approximately 3.5 miles, 5.6 
                                kilometers), which, if made part of the 
                                national wild and scenic river system 
                                in accordance with this subparagraph, 
                                shall be administered by the Secretary 
                                as a scenic river.</DELETED>
                        <DELETED>    ``(ii) Finding.--Congress finds 
                        that each of the additional segments is 
                        suitable for designation as a recreational 
                        river or scenic river under this paragraph, if 
                        there is adequate local support for the 
                        designation.</DELETED>
                        <DELETED>    ``(iii) Designation.--If the 
                        Secretary finds that there is adequate local 
                        support for designating any of the additional 
                        segments as a recreational river or scenic 
                        river--</DELETED>
                                <DELETED>    ``(I) the Secretary shall 
                                publish in the Federal Register a 
                                notice of the designation of the 
                                segment; and</DELETED>
                                <DELETED>    ``(II) the segment shall 
                                thereby be designated as a recreational 
                                river or scenic river, as the case may 
                                be, under this Act.</DELETED>
                        <DELETED>    ``(iv) Criteria for local 
                        support.--In determining whether there is 
                        adequate local support for the designation of 
                        an additional segment, the Secretary shall 
                        consider, among other things, the preferences 
                        of local governments expressed in resolutions 
                        concerning designation of the 
                        segment.</DELETED>
                <DELETED>    ``(H) Authorization of appropriations.--
                There are authorized to be appropriated such sums as 
                are necessary to carry out this paragraph.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Delaware Wild and Scenic 
Rivers Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Public Law 102-460 directed the Secretary of the 
        Interior, in cooperation and consultation with appropriate 
        Federal, State, regional, and local agencies, to conduct a 
        study of the eligibility and suitability of the lower Delaware 
        River for inclusion in the Wild and Scenic Rivers System:
            (2) during the study, the Lower Delaware Wild and Scenic 
        River Study Task Force and the National Park Service prepared a 
        river management plan for the study area entitled ``Lower 
        Delaware River Management Plan'' and dated August 1997, which 
        establishes goals and actions that will ensure long-term 
        protection of the river's outstanding values and compatible 
        management of land and water resources associated with the 
        river; and
            (3) after completion of the study, 24 municipalities along 
        segments of the Delaware River eligible for designation passed 
        resolutions supporting the Lower Delaware River Management 
        Plan, agreeing to take action to implement the goals of the 
        plan, and endorsing designation of the river.

SEC. 3 DESIGNATION.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended--
            (1) by designating the first undesignated paragraph 
        following paragraph 156, pertaining to Elkhorn Creek and 
        enacted by Public Law 104-208, as paragraph 157;
            (2) by designating the second undesignated paragraph 
        following paragraph 156, pertaining to the Clarion River, 
        Pennsylvania, and enacted by Public Law 104-314, as paragraph 
        158;
            (3) by designating the third undesignated paragraph 
        following paragraph 156, pertaining to the Lamprey River, New 
        Hampshire, and enacted by Public Law 104-333, as paragraph 159;
            (4) by striking the fourth undesignated paragraph following 
        paragraph 156, pertaining to Elkhorn Creek and enacted by 
        Public Law 104-333; and
            (5) by adding at the end the following:
            ``(161) Lower delaware river and associated tributaries, 
        new jersey and pennsylvania.--(A) The 65.6 miles of river 
        segments in New Jersey and Pennsylvania, consisting of--
                    ``(i) the segment from river mile 193.8 to the 
                northern border of the city of Easton, Pennsylvania 
                (approximately 10.5 miles), as a recreational river;
                    ``(ii) the segment from a point just south of the 
                Gilbert Generating Station to a point just north of the 
                Point Pleasant Pumping Station (approximately 14.2 
                miles), as a recreational river;
                    ``(iii) the segment from the point just south of 
                the Point Pleasant Pumping Station to a point 1,000 
                feet north of the Route 202 bridge (approximately 6.3), 
                as a recreational river;
                    ``(iv) the segment from a point 1,750 feet south of 
                the Route 202 bridge to the southern border of the town 
                of New Hope, Pennsylvania (approximately 1.9), as a 
                recreational river;
                    ``(v) the segment from the southern boundary of the 
                town of New Hope, Pennsylvania, to the town of 
                Washington Crossing, Pennsylvania (approximately 6 
                miles), as a recreational river;
                    ``(vi) Tinicum Creek (approximately 14.7 miles), as 
                a scenic river;
                    ``(vii) Tohickon Creek from the Lake Nockamixon Dam 
                to the Delaware River (approximately 10.7 miles), as a 
                scenic river; and
                    ``(viii) Paunacussing Creek in Solebury Township 
                (approximately 3 miles), as a recreational river.
            ``(B) Administration.--The river segments referred to in 
        subparagraph (A) shall be administered by the Secretary of the 
        Interior. Notwithstanding section 10(c), the river segments 
        shall not be administered as part of the National Park 
        System.''.

SEC. 4. MANAGEMENT OF RIVER SEGMENTS.

    (A) Management of Segments.--The river segments designated in 
section 3 shall be managed--
            (1) in accordance with the river management plan entitled 
        ``Lower Delaware River Management Plan'' and dated August 1997 
        (referred to as the ``management plan''), prepared by the Lower 
        Delaware Wild and Scenic River Study Task Force and the 
        National Park Service, which establishes goals and actions that 
        will ensure long-term protection of the river's outstanding 
        values and compatible management of land and water resources 
        associated with the river; and
            (2) in cooperation with appropriate Federal, State, 
        regional, and local agencies, including--
                    (A) the New Jersey Department of Environmental 
                Protection;
                    (B) the Pennsylvania Department of Conservation and 
                Natural Resources;
                    (C) the Delaware and Lehigh Navigation Canal 
                Heritage Corridor Commission;
                    (D) the Delaware and Raritan Canal Commission; and
                    (E) the Delaware River Greenway Partnership.
    (b) Satisfaction of Requirements for Plan.--The management plan 
shall be considered to satisfy the requirements for a comprehensive 
management plan under subsection 3(d) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1274(d)).
    (c) Federal Role.--
            (1) Restrictions on water resource projects.--In 
        determining under section 7(a) of the Wild and Scenic Rivers 
        Act (16 U.S.C. 1278(a)) whether a proposed water resources 
        project would have a direct and adverse effect on the value for 
        which a segment is designated as part of the Wild and Scenic 
        Rivers System, the Secretary of the Interior (hereinafter 
        referred to as the ``Secretary'') shall consider the extent to 
        which the project is consistent with the management plan.
            (2) Cooperative agreements.--Any cooperative agreements 
        entered into under section 10(e) of the Wild and Scenic Rivers 
        Act (16 U.S.C. 1281(e)) relating to any of the segments 
        designated by this Act shall--
                    (A) 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 segments.
            (3) Support for implementation.--The Secretary may provide 
        technical assistance, staff support, and funding to assist in 
        the implementation of the management plan.
    (d) Land Management.--
            (1) In general.--The Secretary may provide planning, 
        financial, and technical assistance to local municipalities to 
        assist in the implementation of actions to protect the natural, 
        economic, and historic resources of the river segments 
        designated by this Act.
            (2) Plan requirements.--After adoption of recommendations 
        made in section III 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)).
    (e) Additional Segments.--
            (1) In general.--In this paragraph, the term ``additional 
        segment'' means--
                    (A) the segment from the Delaware Water Gap to the 
                Toll Bridge connecting Columbia, New Jersey, and 
                Portland, Pennsylvania (approximately 9.2 miles), 
                which, if made part of the Wild and Scenic Rivers 
System in accordance with this paragraph, shall be administered by the 
Secretary as a recreational river;
                    (B) the segment from the Erie Lackawanna railroad 
                bridge to the southern tip of Dildine Island 
                (approximately 3.6 miles), which, if made part of the 
                Wild and Scenic Rivers System in accordance with this 
                paragraph, shall be administered by the Secretary as a 
                recreational river;
                    (C) the segment from the southern tip of Mack 
                Island to the northern border of the town of Belvidere, 
                New Jersey (approximately 2 miles), which, if made part 
                of the Wild and Scenic Rivers System in accordance with 
                this paragraph, shall be administered by the Secretary 
                as a recreational river;
                    (D) the segment from the southern border of the 
                town of Phillipsburg, New Jersey, to a point just north 
                of Gilbert Generating Station (approximately 9.5 miles, 
                which, if made part of the Wild and Scenic Rivers 
                System in accordance with this paragraph, shall be 
                administered by the Secretary as a recreational river;
                    (E) Paulinskill River in Knowlton Township 
                (approximately 2.4 miles), which, if made part of the 
                Wild and Scenic Rivers System in accordance with this 
                paragraph, shall be administered by the Secretary as a 
                recreational river; and
                    (F) Cook's Creek (approximately 3.5 miles), which, 
                if made part of the Wild and Scenic Rivers System in 
                accordance with this paragraph, shall be administered 
                by the Secretary as a scenic river.
            (2) Finding.--Congress finds that each of the additional 
        segments is suitable for designation as a recreational river or 
        scenic river under this paragraph, if there is adequate local 
        support for the designation.
            (3) Designation.--If the Secretary finds that there is 
        adequate local support for designating any of the additional 
        segments as a recreational river or scenic river--
                    (A) the Secretary shall publish in the Federal 
                Register a notice of the designation of the segment; 
                and
                    (B) the segment shall thereby be designated as a 
                recreational river or scenic river, as the case may be, 
                in accordance with the Wild and Scenic Rivers Act (16 
                U.S.C. 1271 et seq.).
            (4) Criteria for local support.--In determining whether 
        there is adequate local support for the designation of an 
        additional segment, the Secretary shall consider, among other 
        things, the preferences of local governments expressed in 
        resolutions concerning designation of the segment.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as are necessary 
to carry out this Act.
```