II 

Calendar No. 311 

109TH CONGRESS 

1ST SESSION S. 1096 

[Report No. 109–193] 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2005 

Mr. CORZINE (for himself and Mr. LAUTENBERG) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

DECEMBER 8, 2005 

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

by Mr. DOMENICI, without amendment 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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•S 1096 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Musconetcong Wild 

3 and Scenic Rivers Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) the Secretary of the Interior, in cooperation 

7 and consultation with appropriate Federal, State, re8 gional, and local agencies, is conducting a study of 

9 the eligibility and suitability of the Musconetcong 

10 River in the State of New Jersey for inclusion in the 

11 Wild and Scenic Rivers System; 

12 (2) the Musconetcong Wild and Scenic River 

13 Study Task Force, with assistance from the Na14 tional Park Service, has prepared a river manage15 ment plan for the study area entitled ‘‘Musconetcong 

16 River Management Plan’’ and dated April 2002 that 

17 establishes goals and actions to ensure long-term 

18 protection of the outstanding values of the river and 

19 compatible management of land and water resources 

20 associated with the Musconetcong River; and 

21 (3) 13 municipalities and 3 counties along seg22 ments of the Musconetcong River that are eligible 

23 for designation have passed resolutions in which the 

24 municipalities and counties— 

25 (A) express support for the Musconetcong 

26 River Management Plan; 
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•S 1096 RS

1 (B) agree to take action to implement the 

2 goals of the management plan; and 

3 (C) endorse designation of the 

4 Musconetcong River as a component of the 

5 Wild and Scenic Rivers System. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) ADDITIONAL RIVER SEGMENT.—The term 

9 ‘‘additional river segment’’ means the approximately 

10 4.3-mile Musconetcong River segment designated as 

11 ‘‘C’’ in the management plan, from Hughesville Mill 

12 to the Delaware River Confluence. 

13 (2) MANAGEMENT PLAN.—The term ‘‘manage14 ment plan’’ means the river management plan pre15 pared by the Musconetcong River Management Com16 mittee, the National Park Service, the Heritage Con17 servancy, and the Musconetcong Watershed Associa18 tion entitled ‘‘Musconetcong River Management 

19 Plan’’ and dated April 2002 that establishes goals 

20 and actions to— 

21 (A) ensure long-term protection of the out22 standing values of the river segments; and 

23 (B) compatible management of land and 

24 water resources associated with the river seg25 ments. 
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•S 1096 RS

1 (3) RIVER SEGMENT.—The term ‘‘river seg2 ment’’ means any segment of the Musconetcong 

3 River, New Jersey, designated as a scenic river or 

4 recreational river by section 3(a)(167) of the Wild 

5 and Scenic Rivers Act (as added by section 4). 

6 (4) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 SEC. 4. DESIGNATION OF PORTIONS OF MUSCONETCONG 

9 RIVER, NEW JERSEY, AS SCENIC AND REC10 REATIONAL RIVERS. 

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

12 U.S.C. 1274(a)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(167) MUSCONETCONG RIVER, NEW JERSEY.— 

15 ‘‘(A) DESIGNATION.—The 24.2 miles of river 

16 segments in New Jersey, consisting of— 

17 ‘‘(i) the approximately 3.5-mile segment 

18 from Saxton Falls to the Route 46 bridge, to be 

19 administered by the Secretary of the Interior as 

20 a scenic river; and 

21 ‘‘(ii) the approximately 20.7-mile segment 

22 from the Kings Highway bridge to the railroad 

23 tunnels at Musconetcong Gorge, to be adminis24 tered by the Secretary of the Interior as a rec25 reational river. 
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•S 1096 RS

1 ‘‘(B) ADMINISTRATION.—Notwithstanding sec2 tion 10(c), the river segments designated under sub3 paragraph (A) shall not be administered as part of 

4 the National Park System.’’. 

5 SEC. 5. MANAGEMENT. 

6 (a) MANAGEMENT PLAN.— 

7 (1) IN GENERAL.—The Secretary shall manage 

8 the river segments in accordance with the manage9 ment plan. 

10 (2) SATISFACTION OF REQUIREMENTS FOR

11 PLAN.—The management plan shall be considered to 

12 satisfy the requirements for a comprehensive man13 agement plan for the river segments under section 

14 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 

15 1274(d)). 

16 (3) RESTRICTIONS ON WATER RESOURCE

17 PROJECTS.—For purposes of determining whether a 

18 proposed water resources project would have a direct 

19 and adverse effect on the values for which a river 

20 segment is designated as part of the Wild and Sce21 nic Rivers System under section 7(a) of the Wild 

22 and Scenic Rivers Act (16 U.S.C. 1278(a)), the Sec23 retary shall consider the extent to which the pro24 posed water resources project is consistent with the 

25 management plan. 
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•S 1096 RS

1 (4) IMPLEMENTATION.—The Secretary may 

2 provide technical assistance, staff support, and fund3 ing to assist in the implementation of the manage4 ment plan. 

5 (b) COOPERATION.— 

6 (1) IN GENERAL.—The Secretary shall manage 

7 the river segments in cooperation with appropriate 

8 Federal, State, regional, and local agencies, includ9 ing— 

10 (A) the Musconetcong River Management 

11 Committee; 

12 (B) the Musconetcong Watershed Associa13 tion; 

14 (C) the Heritage Conservancy; 

15 (D) the National Park Service; and 

16 (E) the New Jersey Department of Envi17 ronmental Protection. 

18 (2) COOPERATIVE AGREEMENTS.—Any coopera19 tive agreement entered into under section 10(e) of 

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

21 relating to a river segment— 

22 (A) shall be consistent with the manage23 ment plan; and 

24 (B) may include provisions for financial or 

25 other assistance from the United States to fa-
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•S 1096 RS

1 cilitate the long-term protection, conservation, 

2 and enhancement of the river segment. 

3 (c) LAND MANAGEMENT.— 

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

5 planning, financial, and technical assistance to local 

6 municipalities and nonprofit organizations to assist 

7 in the implementation of actions to protect the nat8 ural and historic resources of the river segments. 

9 (2) PLAN REQUIREMENTS.—After adoption of 

10 recommendations made in section IV of the manage11 ment plan, the zoning ordinances of the municipali12 ties bordering the segments shall be considered to 

13 satisfy the standards and requirements under sec14 tion 6(c) of the Wild and Scenic Rivers Act (16 

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

16 (d) DESIGNATION OF ADDITIONAL RIVER SEG17 MENT.— 

18 (1) FINDING.—Congress finds that the addi19 tional river segment is suitable for designation as a 

20 recreational river if the Secretary determines that 

21 there is adequate local support for the designation of 

22 the additional river segment in accordance with 

23 paragraph (3). 

24 (2) DESIGNATION AND ADMINISTRATION.—If 

25 the Secretary determines that there is adequate local 
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•S 1096 RS

1 support for designating the additional river segment 

2 as a recreational river— 

3 (A) the Secretary shall publish in the Fed4 eral Register notice of the designation of the 

5 segment; 

6 (B) the segment shall be designated as a 

7 recreational river in accordance with the Wild 

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

9 and 

10 (C) the Secretary shall administer the ad11 ditional river segment as a recreational river. 

12 (3) CRITERIAFOR LOCAL SUPPORT.—In deter13 mining whether there is adequate local support for 

14 the designation of the additional river segment, the 

15 Secretary shall consider the preferences of local gov16 ernments expressed in resolutions concerning des17 ignation of the additional river segment. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as are nec20 essary to carry out this Act and the amendments made 

21 by this Act. 

Calendar No. 311 

109TH CONGRESS 

1ST SESSION S. 1096 

[Report No. 109–193] 

A BILL 

To amend the Wild and Scenic Rivers Act to desother purposes. tional Wild and Scenic Rivers System, and for State of New Jersey as a component of the Na- ignate portions of the Musconetcong River in the 

DECEMBER 8, 2005 

Reported without amendment