II

106TH CONGRESS

1ST SESSION S. 1296

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, and Mr.

SANTORUM) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

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

and Scenic Rivers System.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Lower Delaware Wild

5 and Scenic Rivers Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) Public Law 102–460 directed the Secretary

9 of the Interior, in cooperation and consultation with
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1 appropriate Federal, State, regional, and local agen2 cies, to conduct a study of the eligibility and suit3 ability of the lower Delaware River for inclusion in

4 the Wild and Scenic Rivers System;

5 (2) during the study, the Lower Delaware Wild

6 and Scenic River Study Task Force and the Na7 tional Park Service prepared a river management

8 plan for the study area entitled ‘‘Lower Delaware

9 River Management Plan’’ and dated August 1997,

10 which establishes goals and actions that will ensure

11 long-term protection of the river’s outstanding val12 ues and compatible management of land and water

13 resources associated with the river; and

14 (3) after completion of the study, 24 munici15 palities along segments of the Delaware River eligi16 ble for designation passed resolutions supporting the

17 Lower Delaware River Management Plan, agreeing

18 to take action to implement the goals of the plan,

19 and endorsing designation of the river.

20 SEC. 3. DESIGNATION.

21 Section 3(a) of the Wild and Scenic Rivers Act (16

22 U.S.C. 1274(a)) is amended—

23 (1) by designating the first undesignated para24 graph following paragraph 156, pertaining to Elk-
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1 horn Creek and enacted by Public Law 104–208, as

2 paragraph 157;

3 (2) by designating the second undesignated

4 paragraph following paragraph 156, pertaining to

5 the Clarion River, Pennsylvania, and enacted by

6 Public Law 104–314, as paragraph 158;

7 (3) by designating the third undesignated para8 graph following paragraph 156, pertaining to the

9 Lamphrey River, New Hampshire, and enacted by

10 Public Law 104–333, as paragraph 159;

11 (4) by striking the fourth undesignated para12 graph following paragraph 156, pertaining to Elk13 horn Creek and enacted by Public Law 104–333;

14 and

15 (5) by adding at the end the following:

16 ‘‘(160) LOWER DELAWARE RIVER AND ASSOCI17 ATED TRIBUTARIES, NEW JERSEY AND PENNSYL18 VANIA.—

19 ‘‘(A) SEGMENTS.—The 65.6 miles of river

20 segments in New Jersey and Pennsylvania, con21 sisting of—

22 ‘‘(i) the segment from river mile

23 193.8 to the northern border of the city of

24 Easton, Pennsylvania (approximately 10.5

25 miles, 16.9 kilometers), to be administered
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1 by the Secretary of the Interior as a rec2 reational river;

3 ‘‘(ii) the segment from a point just

4 south of the Gilbert Generating Station to

5 a point just north of the Point Pleasant

6 Pumping Station (approximately 14.2

7 miles, 22.8 kilometers), to be administered

8 by the Secretary of the Interior as a rec9 reational river;

10 ‘‘(iii) the segment from the point just

11 south of the Point Pleasant Pumping Sta12 tion to a point 1,000 feet north of the

13 Route 202 bridge (approximately 6.3 miles,

14 10.1 kilometers), to be administered by the

15 Secretary of the Interior as a recreational

16 river;

17 ‘‘(iv) the segment from a point 1,750

18 feet south of the Route 202 bridge to the

19 southern border of the town of New Hope,

20 Pennsylvania (approximately 1.9 miles, 3.0

21 kilometers), to be administered by the Sec22 retary of the Interior as a recreational

23 river;

24 ‘‘(v) the segment from the southern

25 boundary of the town of New Hope, Penn-
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1 sylvania, to the town of Washington Cross2 ing, Pennsylvania (approximately 6 miles,

3 9.7 kilometers), to be administered by the

4 Secretary of the Interior as a recreational

5 river;

6 ‘‘(vi) Tinicum Creek (approximately

7 14.7 miles, 23.7 kilometers), to be admin8 istered by the Secretary of the Interior as

9 a scenic river;

10 ‘‘(vii) Tohickon Creek from the Lake

11 Nockamixon Dam to the Delaware River

12 (approximately 10.7 miles, 17.2 kilo13 meters), to be administered by the Sec14 retary of the Interior as a scenic river; and

15 ‘‘(viii) Paunacussing Creek in

16 Solebury Township (approximately 3 miles,

17 4.8 kilometers), to be administered by the

18 Secretary of the Interior as a recreational

19 river.

20 ‘‘(B) ADMINISTRATION.—The segments

21 shall be administered by the Secretary of the

22 Interior as a component of the National Park

23 System.

24 ‘‘(C) MANAGEMENT OF SEGMENTS.—The

25 segments shall be managed—
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1 ‘‘(i) in accordance with the river man2 agement plan entitled ‘Lower Delaware

3 River Management Plan’ and dated August

4 1997, (referred to in this paragraph as the

5 ‘management plan’), prepared by the

6 Lower Delaware Wild and Scenic River

7 Study Task Force and the National Park

8 Service, which establishes goals and ac9 tions that will ensure long-term protection

10 of the river’s outstanding values and com11 patible management of land and water re12 sources associated with the river; and

13 ‘‘(ii) in cooperation with appropriate

14 Federal, State, regional, and local agen15 cies, including—

16 ‘‘(I) the New Jersey Department

17 of Environmental Protection;

18 ‘‘(II) the Pennsylvania Depart19 ment of Conservation and Natural Re20 sources;

21 ‘‘(III) the Delaware and Lehigh

22 Navigation Canal Heritage Corridor

23 Commission;

24 ‘‘(IV) the Delaware and Raritan

25 Canal Commission; and
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1 ‘‘(V) the Delaware River Green2 way Partnership.

3 ‘‘(D) SATISFACTION OF REQUIREMENTS

4 FOR PLAN.—The management plan shall be

5 considered to satisfy the requirements for a

6 comprehensive management plan under sub7 section (d).

8 ‘‘(E) FEDERAL ROLE.—

9 ‘‘(i) RESTRICTIONS ON WATER RE10 SOURCE PROJECTS.—In determining under

11 section 7(a) whether a proposed water re12 sources project would have a direct and ad13 verse effect on the value for which a seg14 ment is designated as part of the national

15 wild and scenic rivers system, the Sec16 retary shall consider the extent to which

17 the project is consistent with the manage18 ment plan.

19 ‘‘(ii) COOPERATIVE AGREEMENTS.—

20 Any cooperative agreements entered into

21 under section 10(e) relating to any of the

22 segments shall—

23 ‘‘(I) be consistent with the man24 agement plan; and
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1 ‘‘(II) may include provisions for

2 financial or other assistance from the

3 United States to facilitate the long4 term protection, conservation, and en5 hancement of the segments.

6 ‘‘(iii) SUPPORT FOR IMPLEMENTA7 TION.—The Secretary may provide tech8 nical assistance, staff support, and funding

9 to assist in the implementation of the man10 agement plan.

11 ‘‘(F) LAND MANAGEMENT.—

12 ‘‘(i) IN GENERAL.—The Secretary

13 may provide planning, financial, and tech14 nical assistance to local municipalities to

15 assist in the implementation of actions to

16 protect the natural, economic, and historic

17 resources of the segments.

18 ‘‘(ii) PLAN REQUIREMENTS.—After

19 adoption of recommendations made in sec20 tion III of the management plan, the zon21 ing ordinances of the municipalities bor22 dering the segments shall be considered to

23 satisfy the standards and requirements

24 under section 6(c).

25 ‘‘(G) ADDITIONAL SEGMENTS.—
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1 ‘‘(i) IN GENERAL.—In this subpara2 graph, the term ‘additional segment’

3 means—

4 ‘‘(I) the segment from the Dela5 ware Water Gap to the Toll Bridge

6 connecting Columbia, New Jersey,

7 and Portland, Pennsylvania (approxi8 mately 9.2 miles, 14.8 kilometers),

9 which, if made part of the national

10 wild and scenic river system in ac11 cordance with this subparagraph, shall

12 be administered by the Secretary as a

13 recreational river;

14 ‘‘(II) the segment from the Erie

15 Lackawanna railroad bridge to the

16 southern tip of Dildine Island (ap17 proximately 3.6 miles, 5.8 kilometers),

18 which, if made part of the national

19 wild and scenic river system in ac20 cordance with this subparagraph, shall

21 be administered by the Secretary as a

22 recreational river;

23 ‘‘(III) the segment from the

24 southern tip of Mack Island to the

25 northern border of the town of
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1 Belvidere, New Jersey (approximately

2 2 miles, 3.2 kilometers), which, if

3 made part of the national wild and

4 scenic river system in accordance with

5 this subparagraph, shall be adminis6 tered by the Secretary as a rec7 reational river;

8 ‘‘(IV) the segment from the

9 southern border of the town of Phil10 lipsburg, New Jersey, to a point just

11 north of Gilbert Generating Station

12 (approximately 9.5 miles, 15.2 kilo13 meters), which, if made part of the

14 national wild and scenic river system

15 in accordance with this subparagraph,

16 shall be administered by the Secretary

17 as a recreational river;

18 ‘‘(V) Paulinskill River in

19 Knowlton Township (approximately

20 2.4 miles, 3.8 kilometers), which, if

21 made part of the national wild and

22 scenic river system in accordance with

23 this subparagraph, shall be adminis24 tered by the Secretary as a rec25 reational river; and
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1 ‘‘(VI) Cook’s Creek (approxi2 mately 3.5 miles, 5.6 kilometers),

3 which, if made part of the national

4 wild and scenic river system in ac5 cordance with this subparagraph, shall

6 be administered by the Secretary as a

7 scenic river.

8 ‘‘(ii) FINDING.—Congress finds that

9 each of the additional segments is suitable

10 for designation as a recreational river or

11 scenic river under this paragraph, if there

12 is adequate local support for the designa13 tion.

14 ‘‘(iii) DESIGNATION.—If the Secretary

15 finds that there is adequate local support

16 for designating any of the additional seg17 ments as a recreational river or scenic

18 river—

19 ‘‘(I) the Secretary shall publish

20 in the Federal Register a notice of the

21 designation of the segment; and

22 ‘‘(II) the segment shall thereby

23 be designated as a recreational river

24 or scenic river, as the case may be,

25 under this Act.
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1 ‘‘(iv) CRITERIA FOR LOCAL SUP2 PORT.—In determining whether there is

3 adequate local support for the designation

4 of an additional segment, the Secretary

5 shall consider, among other things, the

6 preferences of local governments expressed

7 in resolutions concerning designation of

8 the segment.

9 ‘‘(H) AUTHORIZATION OF APPROPRIA10 TIONS.—There are authorized to be appro11 priated such sums as are necessary to carry out

12 this paragraph.’’.

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