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 theNational Wild and Scenic Rivers System.

NOVEMBER 2, 1999

Reported with an amendment
II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1296 RS

1 SECTION 1. SHORT TITLE.

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

3 and Scenic Rivers Act’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

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

7 of the Interior, in cooperation and consultation with

8 appropriate Federal, State, regional, and local agen9 cies, to conduct a study of the eligibility and suit10 ability of the lower Delaware River for inclusion in

11 the Wild and Scenic Rivers System;

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

13 and Scenic River Study Task Force and the Na14 tional Park Service prepared a river management

15 plan for the study area entitled ‘‘Lower Delaware

16 River Management Plan’’ and dated August 1997,

17 which establishes goals and actions that will ensure

18 long-term protection of the river’s outstanding val19 ues and compatible management of land and water

20 resources associated with the river; and

21 (3) after completion of the study, 24 munici22 palities along segments of the Delaware River eligi23 ble for designation passed resolutions supporting the

24 Lower Delaware River Management Plan, agreeing

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

26 and endorsing designation of the river.
3

S 1296 RS

1 SEC. 3. DESIGNATION.

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

3 U.S.C. 1274(a)) is amended—

4 (1) by designating the first undesignated para5 graph following paragraph 156, pertaining to Elk6 horn Creek and enacted by Public Law 104–208, as

7 paragraph 157;

8 (2) by designating the second undesignated

9 paragraph following paragraph 156, pertaining to

10 the Clarion River, Pennsylvania, and enacted by

11 Public Law 104–314, as paragraph 158;

12 (3) by designating the third undesignated para13 graph following paragraph 156, pertaining to the

14 Lamphrey River, New Hampshire, and enacted by

15 Public Law 104–333, as paragraph 159;

16 (4) by striking the fourth undesignated para17 graph following paragraph 156, pertaining to Elk18 horn Creek and enacted by Public Law 104–333;

19 and

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

21 ‘‘(160) LOWER DELAWARE RIVER AND ASSOCI22 ATED TRIBUTARIES, NEW JERSEY AND PENNSYL23 VANIA.—

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

25 segments in New Jersey and Pennsylvania, con26 sisting of—
4

S 1296 RS

1 ‘‘(i) the segment from river mile

2 193.8 to the northern border of the city of

3 Easton, Pennsylvania (approximately 10.5

4 miles, 16.9 kilometers), to be administered

5 by the Secretary of the Interior as a rec6 reational river;

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

8 south of the Gilbert Generating Station to

9 a point just north of the Point Pleasant

10 Pumping Station (approximately 14.2

11 miles, 22.8 kilometers), to be administered

12 by the Secretary of the Interior as a rec13 reational river;

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

15 south of the Point Pleasant Pumping Sta16 tion to a point 1,000 feet north of the

17 Route 202 bridge (approximately 6.3 miles,

18 10.1 kilometers), to be administered by the

19 Secretary of the Interior as a recreational

20 river;

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

22 feet south of the Route 202 bridge to the

23 southern border of the town of New Hope,

24 Pennsylvania (approximately 1.9 miles, 3.0

25 kilometers), to be administered by the Sec-
5

S 1296 RS

1 retary of the Interior as a recreational

2 river;

3 ‘‘(v) the segment from the southern

4 boundary of the town of New Hope, Penn5 sylvania, to the town of Washington Cross6 ing, Pennsylvania (approximately 6 miles,

7 9.7 kilometers), to be administered by the

8 Secretary of the Interior as a recreational

9 river;

10 ‘‘(vi) Tinicum Creek (approximately

11 14.7 miles, 23.7 kilometers), to be admin12 istered by the Secretary of the Interior as

13 a scenic river;

14 ‘‘(vii) Tohickon Creek from the Lake

15 Nockamixon Dam to the Delaware River

16 (approximately 10.7 miles, 17.2 kilo17 meters), to be administered by the Sec18 retary of the Interior as a scenic river; and

19 ‘‘(viii) Paunacussing Creek in

20 Solebury Township (approximately 3 miles,

21 4.8 kilometers), to be administered by the

22 Secretary of the Interior as a recreational

23 river.

24 ‘‘(B) ADMINISTRATION.—The segments

25 shall be administered by the Secretary of the
6

S 1296 RS

1 Interior as a component of the National Park

2 System.

3 ‘‘(C) MANAGEMENT OF SEGMENTS.—The

4 segments shall be managed—

5 ‘‘(i) in accordance with the river man6 agement plan entitled ‘Lower Delaware

7 River Management Plan’ and dated August

8 1997, (referred to in this paragraph as the

9 ‘management plan’), prepared by the

10 Lower Delaware Wild and Scenic River

11 Study Task Force and the National Park

12 Service, which establishes goals and ac13 tions that will ensure long-term protection

14 of the river’s outstanding values and com15 patible management of land and water re16 sources associated with the river; and

17 ‘‘(ii) in cooperation with appropriate

18 Federal, State, regional, and local agen19 cies, including—

20 ‘‘(I) the New Jersey Department

21 of Environmental Protection;

22 ‘‘(II) the Pennsylvania Depart23 ment of Conservation and Natural Re24 sources;
7

S 1296 RS

1 ‘‘(III) the Delaware and Lehigh

2 Navigation Canal Heritage Corridor

3 Commission;

4 ‘‘(IV) the Delaware and Raritan

5 Canal Commission; and

6 ‘‘(V) the Delaware River Green7 way Partnership.

8 ‘‘(D) SATISFACTION OF REQUIREMENTS

9 FOR PLAN.—The management plan shall be

10 considered to satisfy the requirements for a

11 comprehensive management plan under sub12 section (d).

13 ‘‘(E) FEDERAL ROLE.—

14 ‘‘(i) RESTRICTIONS ON WATER RE15 SOURCE PROJECTS.—In determining under

16 section 7(a) whether a proposed water re17 sources project would have a direct and ad18 verse effect on the value for which a seg19 ment is designated as part of the national

20 wild and scenic rivers system, the Sec21 retary shall consider the extent to which

22 the project is consistent with the manage23 ment plan.

24 ‘‘(ii) COOPERATIVE AGREEMENTS.—

25 Any cooperative agreements entered into
8

S 1296 RS

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

2 segments shall—

3 ‘‘(I) be consistent with the man4 agement plan; and

5 ‘‘(II) may include provisions for

6 financial or other assistance from the

7 United States to facilitate the long8 term protection, conservation, and en9 hancement of the segments.

10 ‘‘(iii) SUPPORT FOR IMPLEMENTA11 TION.—The Secretary may provide tech12 nical assistance, staff support, and funding

13 to assist in the implementation of the man14 agement plan.

15 ‘‘(F) LAND MANAGEMENT.—

16 ‘‘(i) IN GENERAL.—The Secretary

17 may provide planning, financial, and tech18 nical assistance to local municipalities to

19 assist in the implementation of actions to

20 protect the natural, economic, and historic

21 resources of the segments.

22 ‘‘(ii) PLAN REQUIREMENTS.—After

23 adoption of recommendations made in sec24 tion III of the management plan, the zon25 ing ordinances of the municipalities bor-
9

S 1296 RS

1 dering the segments shall be considered to

2 satisfy the standards and requirements

3 under section 6(c).

4 ‘‘(G) ADDITIONAL SEGMENTS.—

5 ‘‘(i) IN GENERAL.—In this subpara6 graph, the term ‘additional segment’

7 means—

8 ‘‘(I) the segment from the Dela9 ware Water Gap to the Toll Bridge

10 connecting Columbia, New Jersey,

11 and Portland, Pennsylvania (approxi12 mately 9.2 miles, 14.8 kilometers),

13 which, if made part of the national

14 wild and scenic river system in ac15 cordance with this subparagraph, shall

16 be administered by the Secretary as a

17 recreational river;

18 ‘‘(II) the segment from the Erie

19 Lackawanna railroad bridge to the

20 southern tip of Dildine Island (ap21 proximately 3.6 miles, 5.8 kilometers),

22 which, if made part of the national

23 wild and scenic river system in ac24 cordance with this subparagraph, shall
10

S 1296 RS

1 be administered by the Secretary as a

2 recreational river;

3 ‘‘(III) the segment from the

4 southern tip of Mack Island to the

5 northern border of the town of

6 Belvidere, New Jersey (approximately

7 2 miles, 3.2 kilometers), which, if

8 made part of the national wild and

9 scenic river system in accordance with

10 this subparagraph, shall be adminis11 tered by the Secretary as a rec12 reational river;

13 ‘‘(IV) the segment from the

14 southern border of the town of Phil15 lipsburg, New Jersey, to a point just

16 north of Gilbert Generating Station

17 (approximately 9.5 miles, 15.2 kilo18 meters), which, if made part of the

19 national wild and scenic river system

20 in accordance with this subparagraph,

21 shall be administered by the Secretary

22 as a recreational river;

23 ‘‘(V) Paulinskill River in

24 Knowlton Township (approximately

25 2.4 miles, 3.8 kilometers), which, if
11

S 1296 RS

1 made part of the national wild and

2 scenic river system in accordance with

3 this subparagraph, shall be adminis4 tered by the Secretary as a rec5 reational river; and

6 ‘‘(VI) Cook’s Creek (approxi7 mately 3.5 miles, 5.6 kilometers),

8 which, if made part of the national

9 wild and scenic river system in ac10 cordance with this subparagraph, shall

11 be administered by the Secretary as a

12 scenic river.

13 ‘‘(ii) FINDING.—Congress finds that

14 each of the additional segments is suitable

15 for designation as a recreational river or

16 scenic river under this paragraph, if there

17 is adequate local support for the designa18 tion.

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

20 finds that there is adequate local support

21 for designating any of the additional seg22 ments as a recreational river or scenic

23 river—
12

S 1296 RS

1 ‘‘(I) the Secretary shall publish

2 in the Federal Register a notice of the

3 designation of the segment; and

4 ‘‘(II) the segment shall thereby

5 be designated as a recreational river

6 or scenic river, as the case may be,

7 under this Act.

8 ‘‘(iv) CRITERIA FOR LOCAL SUP9 PORT.—In determining whether there is

10 adequate local support for the designation

11 of an additional segment, the Secretary

12 shall consider, among other things, the

13 preferences of local governments expressed

14 in resolutions concerning designation of

15 the segment.

16 ‘‘(H) AUTHORIZATION OF APPROPRIA17 TIONS.—There are authorized to be appro18 priated such sums as are necessary to carry out

19 this paragraph.’’.

20 SECTION 1. SHORT TITLE.

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

22 and Scenic Rivers Act’’.

23 SEC. 2. FINDINGS.

24 Congress finds that—
13

S 1296 RS

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

2 of the Interior, in cooperation and consultation with

3 appropriate Federal, State, regional, and local agen4 cies, to conduct a study of the eligibility and suit5 ability of the lower Delaware River for inclusion in

6 the Wild and Scenic Rivers System:

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

8 and Scenic River Study Task Force and the National

9 Park Service prepared a river management plan for

10 the study area entitled ‘‘Lower Delaware River Man11 agement Plan’’ and dated August 1997, which estab12 lishes goals and actions that will ensure long-term

13 protection of the river’s outstanding values and com14 patible management of land and water resources asso15 ciated with the river; and

16 (3) after completion of the study, 24 municipali17 ties along segments of the Delaware River eligible for

18 designation passed resolutions supporting the Lower

19 Delaware River Management Plan, agreeing to take

20 action to implement the goals of the plan, and endors21 ing designation of the river.

22 SEC. 3 DESIGNATION.

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

24 U.S.C. 1274(a)) is amended—
14

S 1296 RS

1 (1) by designating the first undesignated para2 graph following paragraph 156, pertaining to Elk3 horn Creek and enacted by Public Law 104–208, as

4 paragraph 157;

5 (2) by designating the second undesignated para6 graph following paragraph 156, pertaining to the

7 Clarion River, Pennsylvania, and enacted by Public

8 Law 104–314, as paragraph 158;

9 (3) by designating the third undesignated para10 graph following paragraph 156, pertaining to the

11 Lamprey River, New Hampshire, and enacted by

12 Public Law 104–333, as paragraph 159;

13 (4) by striking the fourth undesignated para14 graph following paragraph 156, pertaining to Elk15 horn Creek and enacted by Public Law 104–333; and

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

17 ‘‘(161) LOWER DELAWARE RIVER AND ASSOCI18 ATED TRIBUTARIES, NEW JERSEY AND PENNSYL19 VANIA.—(A) The 65.6 miles of river segments in New

20 Jersey and Pennsylvania, consisting of—

21 ‘‘(i) the segment from river mile 193.8 to

22 the northern border of the city of Easton, Penn23 sylvania (approximately 10.5 miles), as a rec24 reational river;
15

S 1296 RS

1 ‘‘(ii) the segment from a point just south of

2 the Gilbert Generating Station to a point just

3 north of the Point Pleasant Pumping Station

4 (approximately 14.2 miles), as a recreational

5 river;

6 ‘‘(iii) the segment from the point just south

7 of the Point Pleasant Pumping Station to a

8 point 1,000 feet north of the Route 202 bridge

9 (approximately 6.3), as a recreational river;

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

11 south of the Route 202 bridge to the southern

12 border of the town of New Hope, Pennsylvania

13 (approximately 1.9), as a recreational river;

14 ‘‘(v) the segment from the southern bound15 ary of the town of New Hope, Pennsylvania, to

16 the town of Washington Crossing, Pennsylvania

17 (approximately 6 miles), as a recreational river;

18 ‘‘(vi) Tinicum Creek (approximately 14.7

19 miles), as a scenic river;

20 ‘‘(vii) Tohickon Creek from the Lake

21 Nockamixon Dam to the Delaware River (ap22 proximately 10.7 miles), as a scenic river; and

23 ‘‘(viii) Paunacussing Creek in Solebury

24 Township (approximately 3 miles), as a rec25 reational river.
16

S 1296 RS

1 ‘‘(B) ADMINISTRATION.—The river segments re2 ferred to in subparagraph (A) shall be administered

3 by the Secretary of the Interior. Notwithstanding sec4 tion 10(c), the river segments shall not be adminis5 tered as part of the National Park System.’’.

6 SEC. 4. MANAGEMENT OF RIVER SEGMENTS.

7 (A) MANAGEMENT OF SEGMENTS.—The river segments

8 designated in section 3 shall be managed—

9 (1) in accordance with the river management

10 plan entitled ‘‘Lower Delaware River Management

11 Plan’’ and dated August 1997 (referred to as the

12 ‘‘management plan’’), prepared by the Lower Dela13 ware Wild and Scenic River Study Task Force and

14 the National Park Service, which establishes goals

15 and actions that will ensure long-term protection of

16 the river’s outstanding values and compatible man17 agement of land and water resources associated with

18 the river; and

19 (2) in cooperation with appropriate Federal,

20 State, regional, and local agencies, including—

21 (A) the New Jersey Department of Environ22 mental Protection;

23 (B) the Pennsylvania Department of Con24 servation and Natural Resources;
17

S 1296 RS

1 (C) the Delaware and Lehigh Navigation

2 Canal Heritage Corridor Commission;

3 (D) the Delaware and Raritan Canal Com4 mission; and

5 (E) the Delaware River Greenway Partner6 ship.

7 (b) SATISFACTION OF REQUIREMENTS FOR PLAN.—

8 The management plan shall be considered to satisfy the re9 quirements for a comprehensive management plan under

10 subsection 3(d) of the Wild and Scenic Rivers Act (16

11 U.S.C. 1274(d)).

12 (c) FEDERAL ROLE.—

13 (1) RESTRICTIONS ON WATER RESOURCE

14 PROJECTS.—In determining under section 7(a) of the

15 Wild and Scenic Rivers Act (16 U.S.C. 1278(a))

16 whether a proposed water resources project would

17 have a direct and adverse effect on the value for which

18 a segment is designated as part of the Wild and Sce19 nic Rivers System, the Secretary of the Interior (here20 inafter referred to as the ‘‘Secretary’’) shall consider

21 the extent to which the project is consistent with the

22 management plan.

23 (2) COOPERATIVE AGREEMENTS.—Any coopera24 tive agreements entered into under section 10(e) of the

25 Wild and Scenic Rivers Act (16 U.S.C. 1281(e)) re-
18

S 1296 RS

1 lating to any of the segments designated by this Act

2 shall—

3 (A) be consistent with the management

4 plan; and

5 (B) may include provisions for financial or

6 other assistance from the United States to facili7 tate the long-term protection, conservation, and

8 enhancement of the segments.

9 (3) SUPPORT FOR IMPLEMENTATION.—The Sec10 retary may provide technical assistance, staff support,

11 and funding to assist in the implementation of the

12 management plan.

13 (d) LAND MANAGEMENT.—

14 (1) IN GENERAL.—The Secretary may provide

15 planning, financial, and technical assistance to local

16 municipalities to assist in the implementation of ac17 tions to protect the natural, economic, and historic re18 sources of the river segments designated by this Act.

19 (2) PLAN REQUIREMENTS.—After adoption of

20 recommendations made in section III of the manage21 ment plan, the zoning ordinances of the municipali22 ties bordering the segments shall be considered to sat23 isfy the standards and requirements under section

24 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.

25 1277(c)).
19

S 1296 RS

1 (e) ADDITIONAL SEGMENTS.—

2 (1) IN GENERAL.—In this paragraph, the term

3 ‘‘additional segment’’ means—

4 (A) the segment from the Delaware Water

5 Gap to the Toll Bridge connecting Columbia,

6 New Jersey, and Portland, Pennsylvania (ap7 proximately 9.2 miles), which, if made part of

8 the Wild and Scenic Rivers System in accord9 ance with this paragraph, shall be administered

10 by the Secretary as a recreational river;

11 (B) the segment from the Erie Lackawanna

12 railroad bridge to the southern tip of Dildine Is13 land (approximately 3.6 miles), which, if made

14 part of the Wild and Scenic Rivers System in

15 accordance with this paragraph, shall be admin16 istered by the Secretary as a recreational river;

17 (C) the segment from the southern tip of

18 Mack Island to the northern border of the town

19 of Belvidere, New Jersey (approximately 2

20 miles), which, if made part of the Wild and Sce21 nic Rivers System in accordance with this para22 graph, shall be administered by the Secretary as

23 a recreational river;

24 (D) the segment from the southern border of

25 the town of Phillipsburg, New Jersey, to a point
20

S 1296 RS

1 just north of Gilbert Generating Station (ap2 proximately 9.5 miles, which, if made part of the

3 Wild and Scenic Rivers System in accordance

4 with this paragraph, shall be administered by

5 the Secretary as a recreational river;

6 (E) Paulinskill River in Knowlton Town7 ship (approximately 2.4 miles), which, if made

8 part of the Wild and Scenic Rivers System in

9 accordance with this paragraph, shall be admin10 istered by the Secretary as a recreational river;

11 and

12 (F) Cook’s Creek (approximately 3.5 miles),

13 which, if made part of the Wild and Scenic Riv14 ers System in accordance with this paragraph,

15 shall be administered by the Secretary as a sce16 nic river.

17 (2) FINDING.—Congress finds that each of the

18 additional segments is suitable for designation as a

19 recreational river or scenic river under this para20 graph, if there is adequate local support for the des21 ignation.

22 (3) DESIGNATION.—If the Secretary finds that

23 there is adequate local support for designating any of

24 the additional segments as a recreational river or sce25 nic river—
21

S 1296 RS

1 (A) the Secretary shall publish in the Fed2 eral Register a notice of the designation of the

3 segment; and

4 (B) the segment shall thereby be designated

5 as a recreational river or scenic river, as the case

6 may be, in accordance with the Wild and Scenic

7 Rivers Act (16 U.S.C. 1271 et seq.).

8 (4) CRITERIA FOR LOCAL SUPPORT.—In deter9 mining whether there is adequate local support for the

10 designation of an additional segment, the Secretary

11 shall consider, among other things, the preferences of

12 local governments expressed in resolutions concerning

13 designation of the segment.

14 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

15 There is authorized to be appropriated such sums as

16 are necessary to carry out this Act.