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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1849 Enrolled Bill (ENR)]

        S.1849

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand

                                 An Act

 
To designate segments and tributaries of White Clay Creek, Delaware and 
  Pennsylvania, as a component of the National Wild and Scenic Rivers 
                                 System.

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

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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