S. 1296

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

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,

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;
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(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 miles), 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 miles), 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;
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(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
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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.
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SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

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

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.