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[House Report 106-813]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-813

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           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

                              R E P O R T

                        [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--
                  (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 boundaries 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 federally-
assisted 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.

                  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 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.
    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 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.
          (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.

           *       *       *       *       *       *       *

                                
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