79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–813

WHITE CLAY CREEK WILD AND SCENIC RIVERS SYSTEM

ACT

SEPTEMBER 6, 2000.—Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. YOUNG of Alaska, from the Committee on Resources,

submitted the following

REPORT

[To accompany H.R. 3520]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 3520) to designate segments and tributaries of White Clay

Creek, Delaware and Pennsylvania, as a component of the National

Wild and Scenic Rivers System, having considered the same, reports favorably thereon with an amendment and recommends that

the bill as amended do pass.

The amendment is as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘White Clay Creek Wild and Scenic Rivers System

Act’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) Public Law 102–215 (105 Stat. 1664) directed the Secretary of the Interior,

in cooperation and consultation with appropriate State and local governments

and affected landowners, to conduct a study of the eligibility and suitability of

White Clay Creek, Delaware and Pennsylvania, and the tributaries of the creek

for inclusion in the National Wild and Scenic Rivers System;

(2) as a part of the study described in paragraph (1), the White Clay Creek

Wild and Scenic Study Task Force and the National Park Service prepared a

watershed management plan for the study area entitled ‘‘White Clay Creek and

Its Tributaries Watershed Management Plan’’, dated May 1998, that establishes

goals and actions to ensure the long-term protection of the outstanding values

of, and compatible management of land and water resources associated with,

the watershed; and

(3) after completion of the study described in paragraph (1), Chester County,

Pennsylvania, New Castle County, Delaware, Newark, Delaware, and 12 Pennsylvania municipalities located within the watershed boundaries passed resolutions that—

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(A) expressed support for the White Clay Creek Watershed Management

Plan;

(B) expressed agreement to take action to implement the goals of the

Plan; and

(C) endorsed the designation of the White Clay Creek and the tributaries

of the creek for inclusion in the National Wild and Scenic Rivers System.

SEC. 3. DESIGNATION OF WHITE CLAY CREEK.

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by

adding at the end the following:

‘‘(162) WHITE CLAY CREEK, DELAWARE AND PENNSYLVANIA.—The 190 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), 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.

‘‘(C) 4.0 miles of the east branch that flow through the boundaries of the

White Clay Creek Preserve, Pennsylvania, beginning at the northern boundary

line of London Britain township and downstream to the confluence of the middle and east branches, as a scenic river.

‘‘(D) 6.8 miles of the middle branch, beginning at the headwaters within Londonderry township downstream to a point that is 500 feet north of the Borough

of West Grove wastewater treatment facility, as a recreational river.

‘‘(E) 14 miles of the middle branch, beginning at a point that is 500 feet south

of the Borough of West Grove wastewater treatment facility downstream to the

boundary of the White Clay Creek Preserve in London Britain township, as a

recreational river.

‘‘(F) 2.1 miles of the middle branch that flow within the boundaries of the

White Clay Creek Preserve in London Britain township, as a scenic 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 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 township, Pennsylvania, downstream to the northern boundary line of the city of Newark, Delaware, as a scenic river.

‘‘(I) 5.4 miles of the main stem (including all second order tributaries outside

the boundaries of the White Clay Creek Preserve and White Clay Creek State

Park), beginning at the confluence of the east and middle branches in London

Britain township, Pennsylvania, downstream to the northern boundary of the

city of Newark, Delaware, as a recreational river.

‘‘(J) 16.8 miles of the main stem beginning at Paper Mill Road downstream

to the Old Route 4 bridge, as a recreational river.

‘‘(K) 4.4 miles of the main stem beginning at the southern boundary of the

property of the corporation known as United Water Delaware downstream to

the confluence of White Clay Creek with the Christina River, as a recreational

river.

‘‘(L) 1.3 miles of Middle Run outside the boundaries of the Middle Run Natural Area, as a recreational river.

‘‘(M) 5.2 miles of Middle Run that flow within the boundaries of the Middle

Run Natural Area, as a scenic river.

‘‘(N) 15.6 miles of Pike Creek, as a recreational river.

‘‘(O) 38.7 miles of Mill Creek, as a recreational river.’’.

SEC. 4. BOUNDARIES.

With respect to each of the segments of White Clay Creek and its tributaries designated by the amendment made by section 3, in lieu of the boundaries provided

for in section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundVerDate 11-MAY-2000 20:44 Sep 07, 2000 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR813.XXX pfrm03 PsN: HR813
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aries of the segment shall be 250 feet as measured from the ordinary high water

mark on both sides of the segment.

SEC. 5. ADMINISTRATION.

(a) BY SECRETARY OF THE INTERIOR.—The segments designated by the amendment

made by section 3 shall be administered by the Secretary of the Interior (referred

to in this Act as the ‘‘Secretary’’), in cooperation with the White Clay Creek Watershed Management Committee as provided for in the plan prepared by the White

Clay Creek Wild and Scenic Study Task Force and the National Park Service, entitled ‘‘White Clay Creek and Its Tributaries Watershed Management Plan’’ and

dated May 1998 (referred to in this Act as the ‘‘Management Plan’’).

(b) REQUIREMENT FOR COMPREHENSIVE MANAGEMENT PLAN.—The Management

Plan shall be considered to satisfy the requirements for a comprehensive management plan under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).

(c) COOPERATIVE AGREEMENTS.—In order to provide for the long-term protection,

preservation, and enhancement of the segments designated by the amendment made

by section 3, the Secretary shall offer to enter into a cooperative agreement pursuant to sections 10(c) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C.

1281(e), 1282(b)(1)) with the White Clay Creek Watershed Management Committee

as provided for in the Management Plan.

SEC. 6. FEDERAL ROLE IN MANAGEMENT.

(a) IN GENERAL.—The Director of the National Park Service (or a designee) shall

represent the Secretary in the implementation of the Management Plan, this Act,

and the Wild and Scenic Rivers Act with respect to each of the segments designated

by the amendment made by section 3, including the review, required under section

7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)), of proposed federallyassisted water resources projects that could have a direct and adverse effect on the

values for which the segment is designated.

(b) ASSISTANCE.—To assist in the implementation of the Management Plan, this

Act, and the Wild and Scenic Rivers Act with respect to each of the segments designated by the amendment made by section 3, the Secretary may provide technical

assistance, staff support, and funding at a cost to the Federal Government in an

amount, in the aggregate, of not to exceed $150,000 for each fiscal year.

(c) COOPERATIVE AGREEMENTS.—Any cooperative agreement 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 the amendment made by section 3—

(1) shall be consistent with the Management Plan; and

(2) may include provisions for financial or other assistance from the United

States to facilitate the long-term protection, conservation, and enhancement of

the segments.

(d) NATIONAL PARK SYSTEM.—Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a segment designated by the

amendment made by section 3 that is not in the National Park System as of the

date of the enactment of this Act shall not, under this Act—

(1) be considered a part of the National Park System;

(2) be managed by the National Park Service; or

(3) be subject to laws (including regulations) that govern the National Park

System.

SEC. 7. STATE REQUIREMENTS.

State and local zoning laws and ordinances, as in effect on the date of the enactment of this Act, 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)) with respect

to the segment designated by the amendment made by section 3.

SEC. 8. NO LAND ACQUISITION.

The Federal Government shall not acquire, by any means, any right or title in

or to land, any easement, or any other interest along the segments designated by

the amendment made by section 3 for the purpose of carrying out the amendment

or this Act.

PURPOSE OF THE BILL

The purpose of H.R. 3520 is to designate segments and tributaries of White Clay Creek, Delaware and Pennsylvania, as a component of the National Wild and Scenic Rivers System.

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BACKGROUND AND NEED FOR LEGISLATION

White Clay Creek is the watershed for more than 69,000 acres

in southeastern Pennsylvania and northwestern Delaware, eventually draining into the Christina River and hence to the Delaware

River. In 1991 the White Clay Creek Study Act (Public Law 102–

215) was passed which directed the National Park Service (NPS)

to prepare a study of the eligibility and suitability of White Clay

Creek as a Wild and Scenic River. This law also directed the NPS

and White Clay Creek Study Task Force to develop a watershed

management plan for the area. White Clay Creek is an important

source of drinking water and also contains recreational, cultural,

and scenic resources. Although much of the land around these segments is privately owned, surveys by private property owners have

indicated general support for this legislation. Furthermore, all of

the 15 local governmental entities within the watershed have

passed resolutions supporting the designation and implementation

of the management plan.

H.R. 3520 would designate segments and tributaries of the White

Clay Creek (approximately 191 miles of river), in the States of

Delaware and Pennsylvania, as a component of the National Wild

and Scenic Rivers System. This bill provides that 24 miles of rivers

would be designated as scenic while the other 167 miles would be

designated as recreational. When designated, the watershed would

be permanently protected from federally-licensed or assisted dams,

diversions, channelizations, and other water projects that would

have a direct and adverse effect on the rivers’ free-flowing condition and special resources.

A study done by the NPS in 1999 recommended the boundaries

of these segments be established at the highest of either the 500-

year floodplain or 250 feet from the ordinary high water mark.

H.R. 3520 would implement this recommendation. H.R. 3520 also

assures that the federal government cannot acquire land or interests for the purposes of this bill.

H.R. 3520 provides that two segments, Churchman’s Marsh and

Lamborn Run, and associated properties (including intake structures and pipelines for the proposed Thompson’s Station Reservoir)

will only be considered for designation pending the completion of

the reservoir comprehensive plan. If the plan removes these segments from the reservoir consideration, then they would be eligible

for designation. H.R. 3520 also specifies that the watershed management plan, completed in 1998, would suffice as the comprehensive management plan required under section (d) of the Wild and

Scenic Rivers Act (Public Law 90–542).

COMMITTEE ACTION

H.R. 3520 was introduced by Congressman Joseph Pitts (R–PA)

on January 24, 2000. The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks and Public Lands. On June 8, 2000, the Subcommittee

held a hearing on the bill. On June 22, 2000, the Subcommittee

met to consider the bill. An amendment in the nature of a substitute was offered by Congressman Joel Hefley (R–CO). The

amendment removed the 500-year floodplain requirement and segments that are not currently eligible. The amendment was adopted

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by voice vote and the bill, as amended, was ordered favorably reported to the Resources Committee by voice vote. On July 26, 2000,

the Resources Committee met to consider the bill. No further

amendments were offered and the bill, as amended, was ordered favorably reported to the House of Representatives by unanimous

consent.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in

the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States

grants Congress the authority to enact this bill.

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974.

2. Congressional Budget Act. As required by clause 3(c)(2) of rule

XIII of the Rules of the House of Representatives and section

308(a) of the Congressional Budget Act of 1974, this bill does not

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures.

3. Government Reform Oversight Findings. Under clause 3(c)(4)

of rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform on this

bill.

4. Congressional Budget Office Cost Estimate. Under clause

3(c)(3) of rule XIII of the Rules of the House of Representatives and

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the

Director of the Congressional Budget Office:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, August 2, 2000.

Hon. DON YOUNG,

Chairman, Committee on Resources,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3520, the White Clay

Creek Wild and Scenic Rivers System Act.

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

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

Sincerely,

STEVEN M. LIEBERMAN

(For Dan L. Crippen, Director).

Enclosure.

H.R. 3520—White Clay Creek Wild and Scenic Rivers System Act

Assuming appropriation of the authorized amounts, CBO estimates that implementing H.R. 3520 would cost the federal government $150,000 annually beginning in fiscal year 2001. Because the

bill would not affect direct spending or receipts, pay-as-you-go procedures would not apply. H.R. 3520 contains no intergovernmental

or private-sector mandates as defined in the Unfunded Mandates

Reform Act and would impose no significant costs on state, local,

or tribal governments.

H.R. 3520 would designate several segments of the White Clay

Creek in Delaware and Pennsylvania as recreational or scenic rivers under the Wild and Scenic Rivers Act. The bill also would direct the National Park Service to offer technical or financial assistance to the White Clay Creek Watershed Management Committee

to implement a management plan for the newly designated river

segments. Such aid could not exceed $150,000 annually.

On April 11, 2000, CBO transmitted a cost estimate for S. 1849,

similar legislation as ordered reported by the Senate Committee on

Energy and Natural Resources on April 5, 2000. The two bills are

substantively the same, and the cost estimates are identical.

The CBO staff contact is Megan Carroll. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget

Analysis.

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

This bill is not intended to preempt State, local, or tribal law.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as 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):

SECTION 3 OF 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:

(1) * * *

* * * * * * *

(162) WHITE CLAY CREEK, DELAWARE AND PENNSYLVANIA.—The

190 miles of river segments of White Clay Creek (including tributaries of White Clay Creek and all second order tributaries of the

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designated segments) in the States of Delaware and Pennsylvania,

as depicted on the recommended designation and classification

maps (dated June 2000), 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.

(C) 4.0 miles of the east branch that flow through the boundaries of the White Clay Creek Preserve, Pennsylvania, beginning

at the northern boundary line of London Britain township and

downstream to the confluence of the middle and east branches,

as a scenic river.

(D) 6.8 miles of the middle branch, beginning at the headwaters within Londonderry township downstream to a point

that is 500 feet north of the Borough of West Grove wastewater

treatment facility, as a recreational river.

(E) 14 miles of the middle branch, beginning at a point that

is 500 feet south of the Borough of West Grove wastewater treatment facility downstream to the boundary of the White Clay

Creek Preserve in London Britain township, as a recreational

river.

(F) 2.1 miles of the middle branch that flow within the

boundaries of the White Clay Creek Preserve in London Britain

township, as a scenic 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 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 township, Pennsylvania,

downstream to the northern boundary line of the city of Newark, Delaware, as a scenic river.

(I) 5.4 miles of the main stem (including all second order

tributaries outside the boundaries of the White Clay Creek Preserve and White Clay Creek State Park), beginning at the confluence of the east and middle branches in London Britain

township, Pennsylvania, downstream to the northern boundary

of the city of Newark, Delaware, as a recreational river.

(J) 16.8 miles of the main stem beginning at Paper Mill Road

downstream to the Old Route 4 bridge, as a recreational river.

(K) 4.4 miles of the main stem beginning at the southern

boundary of the property of the corporation known as United

Water Delaware downstream to the confluence of White Clay

Creek with the Christina River, as a recreational river.

(L) 1.3 miles of the Middle Run outside the boundaries of the

Middle Run Natural Area, as a recreational river.

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(M) 5.2 miles of the Middle Run that flow within the boundaries of the Middle Run Natural Area, as a scenic river.

(N) 15.6 miles of Pipe Creek, as a recreational river.

(O) 38.7 miles of Mill Creek, as a recreational river.

* * * * * * *

Æ