I

106TH CONGRESS

2D SESSION S. 1296

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 2000

Referred to the Committee on Resources

AN ACT

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’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

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

4 of the Interior, in cooperation and consultation with

5 appropriate Federal, State, regional, and local agen6 cies, to conduct a study of the eligibility and suit7 ability of the lower Delaware River for inclusion in

8 the Wild and Scenic Rivers System:

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

10 and Scenic River Study Task Force and the Na11 tional Park Service prepared a river management

12 plan for the study area entitled ‘‘Lower Delaware

13 River Management Plan’’ and dated August 1997,

14 which establishes goals and actions that will ensure

15 long-term protection of the river’s outstanding val16 ues and compatible management of land and water

17 resources associated with the river; and

18 (3) after completion of the study, 24 munici19 palities along segments of the Delaware River eligi20 ble for designation passed resolutions supporting the

21 Lower Delaware River Management Plan, agreeing

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

23 and endorsing designation of the river.

24 SEC. 3 DESIGNATION.

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

26 U.S.C. 1274(a)) is amended—
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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

6 paragraph following paragraph 156, pertaining to

7 the Clarion River, Pennsylvania, and enacted by

8 Public 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;

16 and

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

18 ‘‘(161) LOWER DELAWARE RIVER AND ASSOCI19 ATED TRIBUTARIES, NEW JERSEY AND PENNSYL20 VANIA.—(A) The 65.6 miles of river segments in

21 New Jersey and Pennsylvania, consisting of—

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

23 the northern border of the city of Easton,

24 Pennsylvania (approximately 10.5 miles), as a

25 recreational river;
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1 ‘‘(ii) the segment from a point just south

2 of the Gilbert Generating Station to a point

3 just north of the Point Pleasant Pumping Sta4 tion (approximately 14.2 miles), as a rec5 reational river;

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

7 south of the Point Pleasant Pumping Station to

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

9 bridge (approximately 6.3), as a recreational

10 river;

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

12 south of the Route 202 bridge to the southern

13 border of the town of New Hope, Pennsylvania

14 (approximately 1.9), as a recreational river;

15 ‘‘(v) the segment from the southern bound16 ary of the town of New Hope, Pennsylvania, to

17 the town of Washington Crossing, Pennsylvania

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

19 ‘‘(vi) Tinicum Creek (approximately 14.7

20 miles), as a scenic river;

21 ‘‘(vii) Tohickon Creek from the Lake

22 Nockamixon Dam to the Delaware River (ap23 proximately 10.7 miles), as a scenic river; and
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1 ‘‘(viii) Paunacussing Creek in Solebury

2 Township (approximately 3 miles), as a rec3 reational river.

4 ‘‘(B) ADMINISTRATION.—The river segments

5 referred to in subparagraph (A) shall be adminis6 tered by the Secretary of the Interior. Notwith7 standing section 10(c), the river segments shall not

8 be administered as part of the National Park Sys9 tem.’’.

10 SEC. 4. MANAGEMENT OF RIVER SEGMENTS.

11 (A) MANAGEMENT OF SEGMENTS.—The river seg12 ments designated in section 3 shall be managed—

13 (1) in accordance with the river management

14 plan entitled ‘‘Lower Delaware River Management

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

16 ‘‘management plan’’), prepared by the Lower Dela17 ware Wild and Scenic River Study Task Force and

18 the National Park Service, which establishes goals

19 and actions that will ensure long-term protection of

20 the river’s outstanding values and compatible man21 agement of land and water resources associated with

22 the river; and

23 (2) in cooperation with appropriate Federal,

24 State, regional, and local agencies, including—
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1 (A) the New Jersey Department of Envi2 ronmental Protection;

3 (B) the Pennsylvania Department of Con4 servation and Natural Resources;

5 (C) the Delaware and Lehigh Navigation

6 Canal Heritage Corridor Commission;

7 (D) the Delaware and Raritan Canal Com8 mission; and

9 (E) the Delaware River Greenway Partner10 ship.

11 (b) SATISFACTION OF REQUIREMENTS FOR PLAN.—

12 The management plan shall be considered to satisfy the

13 requirements for a comprehensive management plan under

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

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

16 (c) FEDERAL ROLE.—

17 (1) RESTRICTIONS ON WATER RESOURCE

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

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

20 whether a proposed water resources project would

21 have a direct and adverse effect on the value for

22 which a segment is designated as part of the Wild

23 and Scenic Rivers System, the Secretary of the Inte24 rior (hereinafter referred to as the ‘‘Secretary’’)
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1 shall consider the extent to which the project is con2 sistent with the management plan.

3 (2) COOPERATIVE AGREEMENTS.—Any coopera4 tive agreements entered into under section 10(e) of

5 the Wild and Scenic Rivers Act (16 U.S.C. 1281(e))

6 relating to any of the segments designated by this

7 Act shall—

8 (A) be consistent with the management

9 plan; and

10 (B) may include provisions for financial or

11 other assistance from the United States to fa12 cilitate the long-term protection, conservation,

13 and enhancement of the segments.

14 (3) SUPPORT FOR IMPLEMENTATION.—The

15 Secretary may provide technical assistance, staff

16 support, and funding to assist in the implementation

17 of the management plan.

18 (d) LAND MANAGEMENT.—

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

20 planning, financial, and technical assistance to local

21 municipalities to assist in the implementation of ac22 tions to protect the natural, economic, and historic

23 resources of the river segments designated by this

24 Act.
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1 (2) PLAN REQUIREMENTS.—After adoption of

2 recommendations made in section III of the manage3 ment plan, the zoning ordinances of the municipali4 ties bordering the segments shall be considered to

5 satisfy the standards and requirements under sec6 tion 6(c) of the Wild and Scenic Rivers Act (16

7 U.S.C. 1277(c)).

8 (e) ADDITIONAL SEGMENTS.—

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

10 ‘‘additional segment’’ means—

11 (A) the segment from the Delaware Water

12 Gap to the Toll Bridge connecting Columbia,

13 New Jersey, and Portland, Pennsylvania (ap14 proximately 9.2 miles), which, if made part of

15 the Wild and Scenic Rivers System in accord16 ance with this paragraph, shall be administered

17 by the Secretary as a recreational river;

18 (B) the segment from the Erie Lacka19 wanna railroad bridge to the southern tip of

20 Dildine Island (approximately 3.6 miles), which,

21 if made part of the Wild and Scenic Rivers Sys22 tem in accordance with this paragraph, shall be

23 administered by the Secretary as a recreational

24 river;
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1 (C) the segment from the southern tip of

2 Mack Island to the northern border of the town

3 of Belvidere, New Jersey (approximately 2

4 miles), which, if made part of the Wild and Sce5 nic Rivers System in accordance with this para6 graph, shall be administered by the Secretary

7 as a recreational river;

8 (D) the segment from the southern border

9 of the town of Phillipsburg, New Jersey, to a

10 point just north of Gilbert Generating Station

11 (approximately 9.5 miles, which, if made part of

12 the Wild and Scenic Rivers System in accord13 ance with this paragraph, shall be administered

14 by the Secretary as a recreational river;

15 (E) Paulinskill River in Knowlton Town16 ship (approximately 2.4 miles), which, if made

17 part of the Wild and Scenic Rivers System in

18 accordance with this paragraph, shall be admin19 istered by the Secretary as a recreational river;

20 and

21 (F) Cook’s Creek (approximately 3.5

22 miles), which, if made part of the Wild and Sce23 nic Rivers System in accordance with this para24 graph, shall be administered by the Secretary

25 as a scenic river.
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1 (2) FINDING.—Congress finds that each of the

2 additional segments is suitable for designation as a

3 recreational river or scenic river under this para4 graph, if there is adequate local support for the des5 ignation.

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

7 there is adequate local support for designating any

8 of the additional segments as a recreational river or

9 scenic river—

10 (A) the Secretary shall publish in the Fed11 eral Register a notice of the designation of the

12 segment; and

13 (B) the segment shall thereby be des14 ignated as a recreational river or scenic river,

15 as the case may be, in accordance with the Wild

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

17 (4) CRITERIA FOR LOCAL SUPPORT.—In deter18 mining whether there is adequate local support for

19 the designation of an additional segment, the Sec20 retary shall consider, among other things, the pref21 erences of local governments expressed in resolutions

22 concerning designation of the segment.
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1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated such sums as

3 are necessary to carry out this Act.

Passed the Senate November 19, 1999.

Attest: GARY SISCO,

Secretary.