19–010 

Calendar No. 283 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–121 

WHITE CLAY CREEK WILD AND SCENIC RIVER 

EXPANSION ACT 

JANUARY 13, 2012.—Ordered to be printed 

Filed, under authority of the order of the Senate of December 17, 2011 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 970] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 970) to designate additional segments and tributaries of White Clay Creek, in the States of Delaware and Pennsylvania, as a component of the National Wild and Scenic Rivers 

Systems, having considered the same, reports favorably thereon 

without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 970 is to designate approximately 9.9 miles of 

additional segments and tributaries of White Clay Creek, in the 

States of Delaware and Pennsylvania, as a component of the National Wild and Scenic Rivers System. 

BACKGROUND AND NEED

The White Clay Creek watershed is located between the urban 

regions of New York and Washington, D.C., and covers approximately 107 square miles and drains over 69,000 acres in Delaware 

and Pennsylvania. Of those 69,000 acres, 5,000 acres are public 

lands owned by state and local governments, and the rest is privately owned. 

In 1991, Public Law 102–215 directed the Secretary of the Interior to conduct a study of the eligibility and suitability of including 

White Clay Creek and its tributaries in the States of Delaware and 

Pennsylvania in the National Wild and Scenic Rivers System (SysVerDate Mar 15 2010 05:47 Jan 18, 2012 Jkt 019010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR121.XXX SR121

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tem). In 2000, Public Law 106–357 designated 190 miles of the 

White Clay Creek River and its tributaries in the States of Delaware and Pennsylvania as a component of the System. White Clay 

Creek became Delaware’s first and only Federally-designated Wild 

and Scenic River. 

At the time Public Law 106–357 was enacted, the Lamborn Run 

in Delaware and the East Branch and Egypt Run in Pennsylvania, 

were not included in the Wild and Scenic River designation. New 

Garden Township in Pennsylvania passed a resolution in 2007 in 

support of designation within the township and the Delaware River 

Basin Commission amended its Comprehensive Water Resources 

Plan by removing Lamborn Run in Delaware as a potential water 

supply reservoir. 

With the support of the affected local governments, S. 970 adds 

two additional segments to the previous White Clay Creek Wild 

and Scenic River designation, which would increase the total number of designated river miles within the watershed to 199.9 miles, 

an addition of 9.9 river miles. 

LEGISLATIVE HISTORY

Senators Coons, Carper, and Casey introduced S. 970 on May 12, 

2011. The Subcommittee on National Parks held a hearing on S. 

970 on July 28, 2011. On November 10, 2011, the Committee on 

Energy and Natural Resources ordered S. 970 favorably reported 

without amendment. 

The Committee considered similar legislation during the 111th 

Congress, S. 883, sponsored by Senator Kaufman and cosponsored 

by Senators Carper and Casey. The Subcommittee on National 

Parks held a hearing on S. 853 on July 15, 2009 (S. Hrg. 111–92), 

and the Committee ordered the bill reported with amendments on 

December 16, 2009 (S. Rept. 111–134). 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on November 10, 2011, by a voice vote of a quorum 

present, recommends that the Senate pass S. 970. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title. 

Section 2 amends section 3(a)(163) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1274(a)(163)) to designate an additional 9 miles of 

White Clay Creek as components of the Wild and Scenic Rivers 

Systems. 

Subsection (1)(B) amends the map reference to reflect the additions. 

Subsection (2) designates 22.4 miles of the east branch of White 

Clay Creek beginning at the southern boundary line of the Borough 

of Avondale, including Walnut Run, Broad Run, and Egypt Run, 

outside the boundaries of the White Clay Creek Preserve, as a recreational river. 

Subsection (3) designates 14.3 miles of the main stem, including 

Lamborn Run, which flow through the boundaries of the White 

Clay Creek Preserve, Pennsylvania and Delaware, and White Clay 

Creek State Park, Delaware, beginning at the confluence of the 


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east and middle branches in London Britain Township, Pennsylvania, downstream to the northern boundary line of the City of 

Newark, Delaware, as a scenic river. 

Section 3 states that sections 4 through 8 of Public Law 106–357 

(16 U.S.C. 1274 note; 114 Stat. 1393), shall be applicable to the additional segments of the White Clay Creek designated by the 

amendments made by section 2. Those sections address the administration of the designated river segments. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 970—White Clay Creek Wild and Scenic River Expansion Act of 

2011 

S. 970 would add 9 miles of the White Clay Creek in Delaware 

and Pennsylvania to the National Wild and Scenic Rivers System. 

Based on information provided by the National Park Service, which 

administers the White Clay Creek unit of the system, CBO estimates that implementing the bill would have no effect on the federal budget. The affected segments are already protected for wilderness values and would remain in private or state hands. Enacting the bill would not affect revenues or direct spending; therefore, 

pay-as-you-go procedures do not apply. 

S. 970 contains no intergovernmental or private-sector mandates 

as defined the Unfunded Mandates Reform Act and would impose 

no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 970. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 970, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 970, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior was 

included in testimony received by the Committee at a hearing on 

S. 970 on July 28, 2011. 


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STATEMENT OF PEGGY O’DELL, DEPUTY DIRECTOR, 

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before your committee today to discuss the views of the 

Department of the Interior on S. 970, a bill to amend the 

Wild and Scenic Rivers Act by designating additional segments and tributaries of the White Clay Creek in Delaware and Pennsylvania as components of the National 

Wild and Scenic Rivers System. 

The Department supports enactment of this legislation 

with one technical amendment. 

S. 970 would amend the White Clay Creek Wild and Scenic River designation to add nine additional miles of segments and tributaries to the designation, to be administered by the Secretary of the Interior (Secretary). The additional segments and tributaries will be managed in accordance with the ‘‘White Clay Creek and Its Tributaries 

Watershed Management Plan’’ (amended Summer 2001) 

with the Secretary coordinating the White Clay Creek Watershed Management Committee. 

In December 1991, Congress directed the National Park 

Service to undertake a study of the headwaters of the 

White Clay Creek in the Commonwealth of Pennsylvania 

to its confluence with the Christina River in the State of 

Delaware. The study was also to include the East, West, 

and Middle Branches; Middle Run; Pike Creek; Mill Creek; 

and other tributaries of the White Clay, as identified by 

the Secretary, to determine their eligibility for inclusion in 

the National Wild and Scenic Rivers System. The study 

was to be done in cooperation and consultation with various federal, state, regional, and local governments and affected landowners. In addition, a river management plan 

was to be prepared that would provide recommendations 

as to the protection and management of the White Clay 

Creek and its tributaries. The plan was to outline roles for 

the state and local governments and affected landowners 

to play in the management of the White Clay Creek as a 

designated component of the National Wild and Scenic 

Rivers System. 

In 1998, a watershed management plan was prepared 

that contained six goals for management of the White Clay 

Creek and its tributaries. These goals include improving 

and conserving water quality and quantity, and conserving 

open space, woodlands, wetlands, and geologic features. 

The plan was done cooperatively and calls for a management framework for the White Clay Creek and its tributaries that rely heavily on local land use decisions. 

In 1999, the National Park Service issued the ‘‘White 

Clay Creek and Its Tributaries National Wild and Scenic 

River Study Draft Report.’’ In the report, the National 

Park Service found that the majority of the river segments 

identified in the study met the eligibility requirements of 

the Wild and Scenic Rivers Act by virtue of their free-flowing condition and presence of one or more outstandingly 


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remarkable resource values. The watershed also includes 

open space and recreational opportunities for hiking, jogging, canoeing and fishing; in fact, the White Clay Creek 

is the most heavily stocked and heavily used put-and-take 

trout stream in the State of Delaware. In 2000, Public Law 

106–357 designated 190 miles of the White Clay Creek and 

its tributaries as components of the National Wild and 

Scenic River System. 

The study report also identified additional segments and 

tributaries, which are the subject of S. 970, that would be 

eligible and suitable for designation. These segments and 

tributaries are eligible and suitable because they are freeflowing streams with outstandingly remarkable values including the Cockeysville marble geologic formation that 

supports a high-yielding aquifer, a major source of drinking water, and threatened and endangered species including the Muhlenberg’s (bog) turtle and cerulean warbler. 

However, these segments and tributaries were removed 

from consideration because the Delaware River Basin 

Commission was looking at these areas as possible locations for reservoirs under their comprehensive plan. In addition, there was not demonstrated municipal support for 

such a designation. 

In 2007, these segments and tributaries were removed 

from the comprehensive plan of the Delaware River Basin 

Commission. In addition, the New Garden Township in 

Pennsylvania, the only affected municipality, passed a resolution in support of the designation. With these two 

issues resolved, the Department now supports these segments and tributaries, totaling nine miles, be added to the 

National Wild and Scenic River System. 

The Department would like to work with the committee 

to make a technical correction to a map reference in Section 3 of the bill. 

This concludes my prepared remarks, Mr. Chairman. I 

will be happy to answer any questions you or other committee members may have regarding this bill. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill S. 

970, as ordered reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is 

printed in italic, existing law in which no change is proposed is 

shown in roman): 


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WILD AND SCENIC RIVERS ACT 

(Public Law 90–542; Approved October 2, 1968) 

[16 U.S.C. 1271 et seq.] 

AN ACT To provide a National Wild and Scenic Rivers System, and for 

other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That (a) this Act 

be cited as the ‘‘Wild and Scenic Rivers Act’’. 

* * * * * * * 

SEC. 3. (a) The following rivers and the land adjacent thereto are 

hereby designated as components of the national wild and scenic 

rivers system: 

* * * * * * * 

(163) WHITE CLAY CREEK, DELAWARE AND PENNSYLVANIA.— The ø190 miles¿ 199 miles of river segments of White Clay 

Creek (including tributaries of White Clay Creek and all second order tributaries of the designated segments) in the States 

of Delaware and Pennsylvania, as depicted on øthe recommended designation and classification maps (dated June 

2000)¿ the map entitled ‘‘White Clay Creek Wild and Scenic 

River Designated Area Map’’ and dated July 2008, the map entitled ‘‘White Clay Creek Wild and Scenic River Classification 

Map’’ and dated July 2008, and the map entitled ‘‘White Clay 

Creek National Wild and Scenic River Proposed Additional designated Segments—July 2008’’, to be administered by the Secretary of the Interior, as follows: 

(A) 30.8 miles of the east branch, including Trout Run, 

beginning at the headwaters within West Marlborough 

township downstream to a point that is 500 feet north of 

the Borough of Avondale wastewater treatment facility, as 

a recreational river. 

ø(B) 15.0 miles of the east branch beginning at the 

southern boundary line of the Borough of Avondale to a 

point where the East Branch enters New Garden Township at the Franklin Township boundary line, including 

Walnut Run and Broad Run outside the boundaries of the 

White Clay Creek Preserve, as a recreational river.¿ 

(B) 22.4 miles of the east branch beginning at the southern boundary line of the Borough of Avondale, including 

Walnut Run, Broad Run, and Egypt Run, outside the 

boundaries of the White Clay Creek Preserve, as a recreational river. 

* * * * * * * 

(G) 17.2 miles of the west branch, beginning at the headwaters within Penn township downstream to the confluence with the middle branch, as a recreational river. 

ø(H) 12.7 miles of the main stem, excluding Lamborn 

Run, that flow through the boundaries of the White Clay 

Creek Preserve, Pennsylvania and Delaware, and White 

Clay Creek State Park, Delaware, beginning at the confluence of the east and middle branches in London Britain 


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township, Pennsylvania, downstream to the northern 

boundary line of the city of Newark, Delaware, as a scenic 

river.¿ 

(H) 14.3 miles of the main stem, including Lamborn 

Run, that flow through the boundaries of the White Clay 

Creek Preserve, Pennsylvania and Delaware, and White 

Clay Creek State Park, Delaware beginning at the confluence of the east and middle branches in London Britain 

Township, Pennsylvania, downstream to the northern 

boundary line of the City of Newark, Delaware, as a scenic 

river. 

* * * * * * * 

Æ 


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