I

106TH CONGRESS

1ST SESSION H. R. 2317

To designate a portion of the Delaware River and associated tributaries

as a component of the National Wild and Scenic Rivers System.

IN THE HOUSE OF REPRESENTATIVES

JUNE 23, 1999

Mr. GREENWOOD (for himself, Mrs. ROUKEMA, and Mr. HOLT) introduced the

following bill; which was referred to the Committee on Resources

A BILL

To designate a portion of the Delaware River and associated

tributaries as a component of the National Wild and

Scenic Rivers System.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Lower Delaware Wild

5 and Scenic Rivers Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that the following:

8 (1) Public Law 102–460 directed the Secretary

9 of the Interior to conduct a study of the eligibility

10 and suitability of the lower Delaware River in co-
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1 operation and consultation with appropriate Federal,

2 State, regional, and local agencies, including, but not

3 limited to, the Pennsylvania Department of Con4 servation and Natural Resources, the New Jersey

5 Department of Environmental Protection, the Dela6 ware and Lehigh Navigation Canal National Herit7 age Corridor Commission, and the Delaware and

8 Raritan Canal Commission.

9 (2) During the study, the Lower Delaware Wild

10 and Scenic River Study Task Force and the Na11 tional Park Service prepared a river management

12 plan for the study area, entitled ‘‘Lower Delaware

13 River Management Plan’’, dated August 1997, which

14 establishes goals and actions that will ensure long15 term protection of the river’s outstanding values and

16 compatible management of their land and water re17 sources. Twenty-four municipalities along segments

18 of the Delaware River eligible for designation passed

19 resolutions supporting the Lower Delaware River

20 Management Plan, agreeing to take action as appro21 priate to implement the goals of the plan, and en22 dorsing designation of the river.

23 (3) Segments of the lower Delaware River and

24 its tributaries, the Paulinskill River, Cook’s Creek,

25 Tinicum Creek, Tohickon Creek, and Paunacussing
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1 Creek are eligible for inclusion into the National

2 Wild and Scenic Rivers System—

3 (A) SEGMENT A.—The segment from the

4 Delaware Water Gap to the toll bridge con5 necting Columbia, New Jersey, and Portland,

6 Pennsylvania (approximately 9.2 miles, 14.8 kil7 ometers)—Recreational.

8 (B) SEGMENT B.—The segment from Erie

9 Lackawann railroad bridge to the southern tip

10 of Dildine Island (approximately 3.6 miles, 5.8

11 kilometers)—Recreational.

12 (C) SEGMENT C.—The segment from the

13 southern tip of Mack Island to the northern

14 border of the town of Belvidere, New Jersey

15 (approximately 2 miles, 3.2 kilometers)—Rec16 reational.

17 (D) SEGMENT D.—The segment from the

18 southern border of the town of Belvidere, New

19 Jersey, to the northern border of the city of

20 Easton, Pennsylvania, excluding river mile

21 196.0 to 193.8 (approximately 12.5 miles, 20.1

22 kilometers)—Recreational.

23 (E) SEGMENT E.—The segment from the

24 southern border of the town of Phillipsburg,

25 New Jersey, to a point just north of Gilbert
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1 generating station (approximately 9.5 miles,

2 15.2 kilometers)—Recreational.

3 (F) SEGMENT F.—The segment point just

4 south of the Gilbert generating station to a

5 point just north of the Point Pleasant pumping

6 station (approximately 14.2 miles, 22.8 kilo7 meters)—Recreational.

8 (G) SEGMENT G.—The segment from the

9 point just south of the Point Pleasant pumping

10 station to a point 1,000 feet north of the Route

11 202 bridge (approximately 6.3 miles, 10.1 kilo12 meters)—Recreational.

13 (H) SEGMENT H.—The segment from a

14 point 1,750 feet south of the Route 202 bridge

15 to the southern border of the town of New

16 Hope, Pennsylvania (approximately 1.9 miles,

17 3.0 kilometers)—Recreational.

18 (I) SEGMENT I.—The segment from the

19 southern boundary of the town of New Hope,

20 Pennsylvania, to the town of Washington Cross21 ing, Pennsylvania (approximately 6 miles, 9.7

22 kilometers)—Recreational.

23 (J) SEGMENT J.—Paulinskill River in

24 Knowlton Township (approximately 2.4 miles,

25 3.8 kilometers)—Recreational.
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1 (K) SEGMENT K.—Cook’s Creek (approxi2 mately 3.5 miles, 5.6 kilometers)—Scenic.

3 (L) SEGMENT L.—Tinicum Creek (ap4 proximately 15.9 miles, 25.6 kilometers)—Sce5 nic.

6 (M) SEGMENT M.—Tohickon Creek (ap7 proximately 25.6 miles, 41.2 kilometers)—Sce8 nic.

9 (N) SEGMENT N.—Paunacussing Creek in

10 Solebury Township (approximately 3 miles, 4.8

11 kilometers)—Recreational.

12 SEC. 3. DESIGNATION.

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

14 U.S.C. 1274(a)) is amended by adding at the end the fol15 lowing new paragraphs:

16 ‘‘( ) LOWER DELAWARE RIVER AND ASSOCI17 ATED TRIBUTARIES, NEW JERSEY AND PENNSYL18 VANIA.—

19 ‘‘(A) The 65.6 miles of river segments in

20 New Jersey and Pennsylvania consisting of:

21 ‘‘(i) The segment from river mile

22 193.8 to the northern border of the city of

23 Easton, Pennsylvania (approximately 10.5

24 miles, 16.9 kilometers), to be administered
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1 by the Secretary of the Interior as a rec2 reational river.

3 ‘‘(ii) The segment from a point just

4 south of the Gilbert generating station to

5 a point just north of the Point Pleasant

6 pumping station (approximately 14.2

7 miles, 22.8 kilometers), to be administered

8 by the Secretary of the Interior as a rec9 reational river.

10 ‘‘(iii) The segment from a point just

11 south of the Point Pleasant pumping sta12 tion to a point 1,000 feet north of the

13 Route 202 bridge (approximately 6.3 miles,

14 10.1 kilometers), to be administered by the

15 Secretary of the Interior as a recreational

16 river.

17 ‘‘(iv) The segment from a point 1,750

18 feet south of the Route 202 bridge to the

19 southern border of the town of New Hope,

20 Pennsylvania (approximately 1.9 miles, 3.0

21 kilometers), to be administered by the Sec22 retary of the Interior as a recreational

23 river.

24 ‘‘(v) The segment from the southern

25 boundary of the town of New Hope, Penn-
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1 sylvania, to the town of Washington Cross2 ing, Pennsylvania (approximately 6 miles,

3 9.7 kilometers), to be administered by the

4 Secretary of the Interior as a recreational

5 river.

6 ‘‘(vi) Tinicum Creek (approximately

7 14.7 miles, 23.7 kilometers), to be admin8 istered by the Secretary of the Interior as

9 a scenic river.

10 ‘‘(vii) Tohickon Creek from the Lake

11 Nockamixon Dam to the Delaware River

12 (approximately 10.7 miles, 17.2 kilo13 meters), to be administered by the Sec14 retary of the Interior as a scenic river.

15 ‘‘(viii) Paunacussing Creek in

16 Solebury Township (approximately 3 miles,

17 4.8 kilometers), to be administered by the

18 Secretary of the Interior as a recreational

19 river.

20 ‘‘(B) The segments designated by this

21 paragraph shall be administered by the Sec22 retary of the Interior as components of the Na23 tional Park System in cooperation with appro24 priate Federal, State, regional, and local agen25 cies, including the New Jersey Department of
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1 Environmental Protection, the Pennsylvania

2 Department of Conservation and Natural Re3 sources, the Delaware and Lehigh Navigation

4 Canal Heritage Corridor Commission, the Dela5 ware and Raritan Canal Commission, and the

6 Delaware River Greenway Partnership. The

7 segments shall be managed in accordance with

8 the plan entitled ‘Lower Delaware River Man9 agement Plan’. Such plan shall be deemed to

10 satisfy the requirements for a comprehensive

11 management plan under section 3(d).’’.

12 SEC. 4. MANAGEMENT.

13 (a) FEDERAL ROLE.—(1) The Secretary of the Inte14 rior acting through the Director of the National Park

15 Service, shall carry out the Lower Delaware River Man16 agement Plan and the provisions of this Act and the Wild

17 and Scenic Rivers Act with respect to each of the segments

18 designated by section 3, including the review of proposed

19 federally assisted water resources projects that could have

20 a direct and adverse effect on the values for which the

21 segment is established, as authorized under section 7(a)

22 of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)).

23 In determining whether a proposed water resources

24 project would have a direct and adverse effect on the val25 ues for which the segments are designated were included
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1 in the National Wild and Scenic Rivers System, the Sec2 retary, acting through the Director, shall specifically con3 sider the extent to which the project is consistent with the

4 Lower Delaware River Management Plan.

5 (2) Pursuant to sections 10(e) and 11(b) of the Wild

6 and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)),

7 the Secretary of the Interior, acting through the Director

8 of the National Park Service, may enter into cooperative

9 agreements with the States of New Jersey and Pennsyl10 vania and other organizations as appropriate. Such coop11 erative agreements shall be consistent with the Lower

12 Delaware River Management Plan and may include provi13 sions for financial or other assistance from the United

14 States to facilitate the long-term protection, conservation,

15 and enhancement of each of the segments designated by

16 section 3 of this Act.

17 (3) The Secretary of the Interior, acting through the

18 Director, may provide technical assistance, staff support,

19 and funding to assist in the implementation of the Lower

20 Delaware River Management Plan.

21 (b) LAND MANAGEMENT.—The Secretary of the Inte22 rior, acting through the Director of the National Park

23 Service, may provide planning, financial, and technical as24 sistance to municipalities through which designated river

25 segments flow to assist in their implementation of actions
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1 to protect the natural, economic, and historic resources of

2 the Lower Delaware River corridor. After adoption of rec3 ommendations made in section III of the management

4 plan, the zoning ordinances of the municipalities bordering

5 the segments shall be considered to satisfy the standards

6 and requirements under section 6(c) prohibiting the Sec7 retary from acquiring lands through condemnation for the

8 purposes of including the lands in the designated segments

9 of the river area where such lands are located within any

10 incorporated municipality which has in force and applica11 ble to such lands duly adopted, valid zoning ordinances

12 that conform with the purposes of the Wild and Scenic

13 Rivers Act (16 U.S.C. 1221 and following).

14 (c) SEGMENT ADDITIONS.—The Secretary of the In15 terior, acting through the Director of the National Park

16 Service, is encouraged to continue to work with the local

17 municipalities to negotiate agreement and support for des18 ignating those segments of the Delaware River and its

19 tributaries which were found eligible for designation pur20 suant to Public Law 102–460 and were not designated

21 pursuant to this Act. If within 3 years of enactment of

22 this Act, 1 or more of such additional river segments are

23 certified by the Secretary of the Interior as suitable for

24 designation into the National Wild and Scenic Rivers Sys25 tem, the Secretary shall publish in the Federal Register
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1 a notice of the designation of the segment, and upon such

2 publication the segment shall thereby be designated as a

3 recreational river or scenic river, as the case may be,

4 under section 3(a) of the Wild and Scenic River Act (16

5 U.S.C. 1274(a)).

6 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated such sums

8 as may be necessary to carry out this Act.

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