49–010 

Calendar No. 311 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–193 

MUSCONETCONG WILD AND SCENIC RIVERS ACT 

DECEMBER 8, 2005.—Ordered to be printed 

Filed under authority of the order of the Senate of November 18, 2005 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1096] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1096) to amend the Wild and Scenic Rivers Act 

to designate portions of the Musconetcong River in the State of 

New Jersey as a component of the National Wild and Scenic Rivers 

System, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that 

the bill do pass. 

PURPOSE OF THE MEASURE

The purpose of S. 1096 is to amend the Wild and Scenic Rivers 

Act to designate approximately 24 miles of the Musconetcong River 

in the State of New Jersey as a component of the National Wild 

and Scenic Rivers System. 

BACKGROUND AND NEED

The Musconetcong River Valley watershed is a 158 square mile 

area within the Highlands region province of New Jersey. The 

Highlands (a large area of relatively pristine forest) provides the 

water supply source for the State’s major urban areas and the river’s recreational and historic resources are important to the local 

economy. The Musconetcong River Valley features a diverse array 

of farms, hamlets, villages, and secluded natural areas. State, 

county, and local parklands within the river corridor provide opportunities for hiking, fishing, canoeing, camping, nature study, and 

other outdoor activities. 

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The Musconetcong River and its tributaries support wild trout 

populations and are regionally important trout fishing streams. 

This river corridor has been a priority for the Green Acres program 

of New Jersey for the last decade, with a specific goal of creating 

a greenway along the river. 

Local support for this legislation has been widespread. The 

Musconetcong Watershed Association has provided assistance in 

the completion of two reports: The Musconetcong Wild and Scenic 

Rivers Eligibility Report and the Musconetcong River Management 

Plan. The reports determined that 28.5 miles of the Musconetcong 

River are suitable for designation as a Recreational and Scenic 

River as part of the Wild and Scenic Rivers System. 

LEGISLATIVE HISTORY

S. 1096 was introduced by Senators Corzine and Lautenberg on 

May 23, 2005. The Subcommittee on National Parks held a hearing 

on S. 1096 on September 22, 2005. 

At its business meeting on November 16, 2005, the Committee on 

Energy and Natural Resources ordered S. 1096 favorably reported 

without amendment. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on November 16, 2005, by a unanimous voice of a 

quorum present, recommends that the Senate pass S. 1096. 

SECTION-BY-SECTION ANALYSIS

Section 1 entitles the bill ‘‘Musconetcong Wild and Scenic Rivers 

Act.’’

Section 2 sets forth congressional findings. 

Section 3 defines key terms. 

Section 4 amends the Wild and Scenic Rivers Act to designate a 

3.5 mile segment from Saxton Falls to the Route 46 bridge of the 

Musconetcong River as a Scenic River, and a 20.7 mile segment 

from the Kings Highway bridge to the railroad tunnels at 

Musconetcong Gorge, as a Recreational River, both to be administered by the Secretary of the Interior. The section provides that the 

segments shall not be administered as part of the National Park 

System. 

Section 5(a) directs the Secretary of the Interior to manage the 

river segments in accordance with the river management plan. The 

satisfaction of requirements for the plan shall be a comprehensive 

management plan as defined under section 3 (d) of the Wild and 

Scenic Rivers Act. The Secretary shall consider water resource 

projects which may have a direct and adverse effect on the values 

of the rivers segments to the extent each project is consistent with 

the management plan. The Secretary may provide technical assistance, staff support and funding to assist in implementing the plan. 

Subsection (b) lists the agencies and entities the Secretary shall 

cooperate with in management of the river segments and further 

clarifies specifics pertinent to cooperative agreements including 

consistency with the management plan and provisions for financial 

and other assistance for long-term protection, conservation and enhancement of the river segments. 

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Subsection (c) outlines the Secretary’s role regarding land management. The Secretary may provide planning, financial, and technical assistance to local municipalities and nonprofit organizations 

to assist in the implementation of actions to protect natural and 

historic resources of the river segments. 

Subsection (d) states that Congress finds an additional segment 

of the Musconetcong Rivers is suitable for designation as a recreational river if the Secretary determines that there is adequate 

local support for the designation based on preferences of local governments expressed in resolutions. 

Subsection (e) authorizes appropriations as necessary to carry 

out this Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

NOVEMBER 23, 2005. 

Hon. PETE V. DOMENICI, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Cngressional Budget Office has prepared the enclosed cost estimate for S. 1096, the Musconetcong 

Wild and Scenic Rivers Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN. 

Enclosure. 

S. 1096—Musconetcong Wild and Scenic Rivers Act 

S. 1096 would designate 24.2 miles of segments of the 

Musconetcong River in New Jersey as scenic and recreational rivers under the Wild and Scenic Rivers Act. The bill would designate 

4.3 additional miles of that river as a recreational river if the Secretary of the Interior finds sufficient local support for such a designation. Based on information from the Department of the Interior, CBO estimates that the proposed designations would not significantly affect the agency’s administrative or land-management 

costs, which are subject to appropriation. Enacting S. 1096 would 

not affect direct spending or revenues. 

The legislation 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 Megan Carroll. This 

estimate was approved by Peter H. Fontaine, 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. 1096. The bill is not a regulatory measure in the sense of imposVerDate Aug 31 2005 01:35 Dec 13, 2005 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR193.XXX SR193
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ing 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. 1096, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The views of the Administration on S. 1096 were included in testimony received by the Committee at a hearing on the bill on June 

28, 2005 as follows: 

STATEMENT OF JANET SNYDER MATTHEWS, ASSOCIATE DIRECTOR FOR CULTURAL RESOURCES, NATIONAL PARK

SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before the Committee to present the Department of the Interior’s position on S. 1096, a bill to amend the Wild and 

Scenic Rivers Act by designating portions of the 

Musconetcong River in New Jersey as a component of the 

National Wild and Scenic Rivers System. The Department 

supports enactment of S. 1096. 

The Musconetcong River is the largest New Jersey tributary to the Delaware River. The area of the river, nestled 

in the heart of the New Jersey Highlands, contains a remarkably diverse array of natural and cultural resources. 

The limestone geologic features present in the 

Musconetcong River corridor are unique in the state, and 

the steep slopes and forested ridges in the upper segments 

of the river corridor contrast with the historic villages, 

pastures, and rolling agricultural lands at the middle and 

lower end of the river valley. 

The impetus for the designation of the Musconetcong 

began in 1991, when residents in the Musconetcong River 

Valley organized a petition drive in support of efforts to 

protect the river. The petitions called for the protection of 

the Musconetcong River under both the National Wild and 

Scenic Rivers Act and New Jersey Wild and Scenic Rivers 

Program. 

In 1992, Congress passed legislation authorizing the National Park Service to study the eligibility and suitability 

of the Lower Delaware River for addition to the National 

Wild and Scenic Rivers System. In 1997, 18 of 19 

Musconetcong River municipalities voted to have the National Park Service determine the eligibility and suitability 

of the Musconetcong River for designation into the National Wild and Scenic Rivers System. As a part of the 

study effort, a Musconetcong Advisory Committee, comprised of residents representing each municipality, was 

formed. This committee, with assistance from the National 

Park Service through its authority to study the Lower 

Delaware River, completed a Resource Assessment and 

Eligibility and Classification Report (1999) as well as a 

Musconetcong River Management Plan (April, 2003). The 

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report found that approximately 24 miles of the river are 

eligible for inclusion into the National Wild and Scenic 

Rivers System because of their free-flowing nature and 

outstandingly remarkable recreational, scenic, cultural, 

and wildlife and habitat values. 

The Musconetcong River Management Plan was developed cooperatively and calls for a management framework 

that acknowledges the importance and preference for local 

leadership, and the additional protections afforded by national wild and scenic river designation. A key principle of 

the management framework as proposed in the plan is 

that existing institutions will continue to play primary 

roles in the long-term protection of the Musconetcong 

River. With respect to facilitating and coordinating potentially diverse interests among residents, landowners, municipalities, counties, states and non-governmental organizations (NGOs), the plan proposes the formation of a 

Musconetcong River Management Committee. 

The bill provides that the administration for the 24.2- 

mile designated river segment is to be consistent with the 

cooperatively developed Musconetcong River Management 

Plan (2003) and is to be undertaken in cooperation with 

federal, state, county and municipal governments. The bill 

also identifies an additional river segment that would be 

suitable for designation by the Secretary of the Interior 

only at such time as it can be demonstrated that adequate 

local support for such designation exists within the affected local jurisdictions. The costs associated with a designated wild and scenic river in the Northeast Region of 

the National Park Service average $150,000 annually (for 

cooperative agreements with river partner organizations), 

and we would expect the costs to be similar for this river, 

although the expenditures per river will likely decline as 

more designated rivers have to share limited resources. 

The region will handle the work associated with the newly 

designated river with existing staff. Any funding for cooperative agreements with the river’s partner organizations 

will be dependent upon annual appropriations and departmental funding priorities. 

This completes my prepared statement. I would be 

happy to answer any questions you 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 are made by the bill 

S. 1096, 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) 

AN ACT to provide a National Wild and Scenic Rivers Sysem, and for other 

purposes 

* * * * * * * 

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

hereby designated as components of the National Wild and Scenic 

Rivers System: 

* * * * * * * 

(167) MUSCONETCONG RIVER, NEW JERSEY.—

(A) DESIGNATION.—The 24.2 miles of river segments in 

New Jersey, consisting of—

(i) the approximately 3.5-mile segment from Saxton 

Falls to the Route 46 bridge, to be administered by the 

Secretary of the Interior as a scenic river; and 

(ii) the approximately 20.7-mile segment from the 

Kings Highway bridge to the railroad tunnels at 

Musconetcong Gorge, to be administered by the Secretary of the Interior as a recreational river. 

(B) ADMINISTRATION.—Notwithstanding section 10(c), the 

river segments designated under subparagraph (A) shall 

not be administered as part of the National Park System. 

Æ