89–010 

Calendar No. 284 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–134 

WHITE CLAY CREEK WILD AND SCENIC RIVER 

EXPANSION ACT 

MARCH 2, 2010.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 853] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 853) 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 

System, having considered the same, reports favorably thereon 

with amendments and recommends that the bill, as amended, do 

pass. 

The amendments are as follows: 

1. Beginning on page 1, strike line 6 and all that follows through page 3, line 10, 

and insert the following: 

SEC. 2. DESIGNATION OF SEGMENTS OF WHITE CLAY CREEK, AS SCENIC AND RECREATIONAL 

RIVERS. 

2. On page 3, strike lines 16 and 17 and insert the following: 

(B) by striking ‘‘the recommended designation and classification maps 

(dated June 2000)’’ and inserting ‘‘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’ ’’; 

3. On page 4, strike line 12 and insert the following: 

SEC. 3. ADMINISTRATION OF WHITE CLAY CREEK. 

4. On page 4, line 16, strike ‘‘section 3’’ and insert ‘‘section 2’’. 

PURPOSE

The purpose of S. 853 is to designate approximately 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. 

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BACKGROUND AND NEED

The White Clay Creek Watershed is located between the urban 

regions of New York and Washington, D.C. The Watershed 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 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 National Wild and Scenic Rivers 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 the 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 recent support of the affected local governments, S. 853 

adds two additional segments to the previous White Clay Creek 

Wild and Scenic River designation. 

LEGISLATIVE HISTORY

Senators Kaufman, Carper, and Casey introduced S. 853 on April 

22, 2009. The subcommittee on National Parks held a hearing on 

S. 853 on July 15, 2009. (S. Hrg. 111–92.) On December 16, 2009, 

the Committee on Energy and Natural Resources ordered S. 853 favorably reported, with amendments. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on December 16, 2009, by a voice vote of a quorum 

present, recommends that the Senate pass S. 853, if amended as 

described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 853, the Committee adopted four 

amendments. The first amendment strikes the findings section, 

and makes a technical correction to a map reference, and the third 

and fourth amendments make conforming changes. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title for the bill, the ‘‘White Clay 

Creek Wild and Scenic River Expansion Act of 2009’’. 

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

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

White Clay Creek as Scenic and Recreational Rivers and makes a 

conforming amendment to update the map reference. 

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

(16 U.S.C. 1274 note; 114 Stat. 1393), relating to the administraWReier-Aviles on DSKGBLS3C1PROD with HEARING

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tion and management of the river segments, shall be applicable to 

the additional segments of the White Clay Creek. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office. 

S. 853—White Clay Creek Wild and Scenic River Expansion Act of 

2009 

S. 853 would add nine 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. 

S. 853 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. 

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

for 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. 853. 

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. 853, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 853, 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. 853 on July 15, 2009. 

STATEMENT OF KATHERINE H. STEVENSON, ACTING DEPUTY

DIRECTOR, SUPPORT SERVICES, 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. 853, a bill to amend the 

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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. 853 would designate nine additional miles of segments and tributaries of the White Clay Creek as part of 

the National Wild and Scenic Rivers System, to be administered by the Secretary of the Interior (Secretary). The additional 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 relies 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 

remarkable resource values. For example, the watershed 

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 putand-take trout stream in the State of Delaware. In 2000, 

Public Law 106–357 designated 190 miles of the White 

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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. 853, that would be 

eligible and suitable for designation. These segments are 

eligible and suitable because they are free-flowing 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 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, a requirement under the Wild and Scenic Rivers Act. 

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, 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. 

853, 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): 

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’’. 

* * * * * * * 

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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 

¿190 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 ¿the 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. 

¿(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. 

¿(H) 12.7 miles of the main stream, excluding Lamborn 

Run, the 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.

(H) 14.3 miles of the main stream, 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 

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

river. 

* * * * * * * 

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