106TH CONGRESS

2D SESSION S. 1849

AMENDMENT

In the House of Representatives, U. S.,

September 18, 2000.

Resolved, That the bill from the Senate (S. 1849) entitled ‘‘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’’, do pass with

the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘White Clay Creek Wild

3 and Scenic Rivers System Act’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) Public Law 102–215 (105 Stat. 1664) di7 rected the Secretary of the Interior, in cooperation

8 and consultation with appropriate State and local

9 governments and affected landowners, to conduct a

10 study of the eligibility and suitability of White Clay

11 Creek, Delaware and Pennsylvania, and the tribu12 taries of the creek for inclusion in the National Wild

13 and Scenic Rivers System;
2

•S 1849 EAH

1 (2) as a part of the study described in paragraph

2 (1), the White Clay Creek Wild and Scenic Study

3 Task Force and the National Park Service prepared

4 a watershed management plan for the study area en5 titled ‘‘White Clay Creek and Its Tributaries Water6 shed Management Plan’’, dated May 1998, that estab7 lishes goals and actions to ensure the long-term pro8 tection of the outstanding values of, and compatible

9 management of land and water resources associated

10 with, the watershed; and

11 (3) after completion of the study described in

12 paragraph (1), Chester County, Pennsylvania, New

13 Castle County, Delaware, Newark, Delaware, and 12

14 Pennsylvania municipalities located within the wa15 tershed boundaries passed resolutions that—

16 (A) expressed support for the White Clay

17 Creek Watershed Management Plan;

18 (B) expressed agreement to take action to

19 implement the goals of the Plan; and

20 (C) endorsed the designation of the White

21 Clay Creek and the tributaries of the creek for

22 inclusion in the National Wild and Scenic Riv23 ers System.
3

•S 1849 EAH

1 SEC. 3. DESIGNATION OF WHITE CLAY CREEK.

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

3 U.S.C. 1274(a)) is amended by adding at the end the fol4 lowing:

5 ‘‘(162) WHITE CLAY CREEK, DELAWARE AND PENN6 SYLVANIA.—The 190 miles of river segments of White Clay

7 Creek (including tributaries of White Clay Creek and all

8 second order tributaries of the designated segments) in the

9 States of Delaware and Pennsylvania, as depicted on the

10 recommended designation and classification maps (dated

11 June 2000), to be administered by the Secretary of the Inte12 rior, as follows:

13 ‘‘(A) 30.8 miles of the east branch, including

14 Trout Run, beginning at the headwaters within West

15 Marlborough township downstream to a point that is

16 500 feet north of the Borough of Avondale wastewater

17 treatment facility, as a recreational river.

18 ‘‘(B) 15.0 miles of the east branch beginning at

19 the southern boundary line of the Borough of

20 Avondale to a point where the East Branch enters

21 New Garden Township at the Franklin Township

22 boundary line, including Walnut Run and Broad

23 Run outside the boundaries of the White Clay Creek

24 Preserve, as a recreational river.

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

26 through the boundaries of the White Clay Creek Pre-
4

•S 1849 EAH

1 serve, Pennsylvania, beginning at the northern bound2 ary line of London Britain township and downstream

3 to the confluence of the middle and east branches, as

4 a scenic river.

5 ‘‘(D) 6.8 miles of the middle branch, beginning

6 at the headwaters within Londonderry township

7 downstream to a point that is 500 feet north of the

8 Borough of West Grove wastewater treatment facility,

9 as a recreational river.

10 ‘‘(E) 14 miles of the middle branch, beginning at

11 a point that is 500 feet south of the Borough of West

12 Grove wastewater treatment facility downstream to

13 the boundary of the White Clay Creek Preserve in

14 London Britain township, as a recreational river.

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

16 within the boundaries of the White Clay Creek Pre17 serve in London Britain township, as a scenic river.

18 ‘‘(G) 17.2 miles of the west branch, beginning at

19 the headwaters within Penn township downstream to

20 the confluence with the middle branch, as a rec21 reational river.

22 ‘‘(H) 12.7 miles of the main stem, excluding

23 Lamborn Run, that flow through the boundaries of

24 the White Clay Creek Preserve, Pennsylvania and

25 Delaware, and White Clay Creek State Park, Dela-
5

•S 1849 EAH

1 ware, beginning at the confluence of the east and mid2 dle branches in London Britain township, Pennsyl3 vania, downstream to the northern boundary line of

4 the city of Newark, Delaware, as a scenic river.

5 ‘‘(I) 5.4 miles of the main stem (including all

6 second order tributaries outside the boundaries of the

7 White Clay Creek Preserve and White Clay Creek

8 State Park), beginning at the confluence of the east

9 and middle branches in London Britain township,

10 Pennsylvania, downstream to the northern boundary

11 of the city of Newark, Delaware, as a recreational

12 river.

13 ‘‘(J) 16.8 miles of the main stem beginning at

14 Paper Mill Road downstream to the Old Route 4

15 bridge, as a recreational river.

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

17 southern boundary of the property of the corporation

18 known as United Water Delaware downstream to the

19 confluence of White Clay Creek with the Christina

20 River, as a recreational river.

21 ‘‘(L) 1.3 miles of Middle Run outside the bound22 aries of the Middle Run Natural Area, as a rec23 reational river.
6

•S 1849 EAH

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

2 the boundaries of the Middle Run Natural Area, as a

3 scenic river.

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

5 river.

6 ‘‘(O) 38.7 miles of Mill Creek, as a recreational

7 river.’’.

8 SEC. 4. BOUNDARIES.

9 With respect to each of the segments of White Clay

10 Creek and its tributaries designated by the amendment

11 made by section 3, in lieu of the boundaries provided for

12 in section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C.

13 1274(b)), the boundaries of the segment shall be 250 feet

14 as measured from the ordinary high water mark on both

15 sides of the segment.

16 SEC. 5. ADMINISTRATION.

17 (a) BY SECRETARY OF THE INTERIOR.—The segments

18 designated by the amendment made by section 3 shall be

19 administered by the Secretary of the Interior (referred to

20 in this Act as the ‘‘Secretary’’), in cooperation with the

21 White Clay Creek Watershed Management Committee as

22 provided for in the plan prepared by the White Clay Creek

23 Wild and Scenic Study Task Force and the National Park

24 Service, entitled ‘‘White Clay Creek and Its Tributaries Wa-
7

•S 1849 EAH

1 tershed Management Plan’’ and dated May 1998 (referred

2 to in this Act as the ‘‘Management Plan’’).

3 (b) REQUIREMENT FOR COMPREHENSIVE MANAGE4 MENT PLAN.—The Management Plan shall be considered to

5 satisfy the requirements for a comprehensive management

6 plan under section 3(d) of the Wild and Scenic Rivers Act

7 (16 U.S.C. 1274(d)).

8 (c) COOPERATIVE AGREEMENTS.—In order to provide

9 for the long-term protection, preservation, and enhancement

10 of the segments designated by the amendment made by sec11 tion 3, the Secretary shall offer to enter into a cooperative

12 agreement pursuant to sections 10(c) and 11(b)(1) of the

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

14 with the White Clay Creek Watershed Management Com15 mittee as provided for in the Management Plan.

16 SEC. 6. FEDERAL ROLE IN MANAGEMENT.

17 (a) IN GENERAL.—The Director of the National Park

18 Service (or a designee) shall represent the Secretary in the

19 implementation of the Management Plan, this Act, and the

20 Wild and Scenic Rivers Act with respect to each of the seg21 ments designated by the amendment made by section 3, in22 cluding the review, required under section 7(a) of the Wild

23 and Scenic Rivers Act (16 U.S.C. 1278(a)), of proposed fed24 erally-assisted water resources projects that could have a di-
8

•S 1849 EAH

1 rect and adverse effect on the values for which the segment

2 is designated.

3 (b) ASSISTANCE.—To assist in the implementation of

4 the Management Plan, this Act, and the Wild and Scenic

5 Rivers Act with respect to each of the segments designated

6 by the amendment made by section 3, the Secretary may

7 provide technical assistance, staff support, and funding at

8 a cost to the Federal Government in an amount, in the ag9 gregate, of not to exceed $150,000 for each fiscal year.

10 (c) COOPERATIVE AGREEMENTS.—Any cooperative

11 agreement entered into under section 10(e) of the Wild and

12 Scenic Rivers Act (16 U.S.C. 1281(e)) relating to any of

13 the segments designated by the amendment made by section

14 3—

15 (1) shall be consistent with the Management

16 Plan; and

17 (2) may include provisions for financial or other

18 assistance from the United States to facilitate the

19 long-term protection, conservation, and enhancement

20 of the segments.

21 (d) NATIONAL PARK SYSTEM.—Notwithstanding sec22 tion 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.

23 1281(c)), any portion of a segment designated by the

24 amendment made by section 3 that is not in the National
9

•S 1849 EAH

1 Park System as of the date of the enactment of this Act

2 shall not, under this Act—

3 (1) be considered a part of the National Park

4 System;

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

6 (3) be subject to laws (including regulations)

7 that govern the National Park System.

8 SEC. 7. STATE REQUIREMENTS.

9 State and local zoning laws and ordinances, as in ef10 fect on the date of the enactment of this Act, shall be consid11 ered to satisfy the standards and requirements under section

12 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c))

13 with respect to the segment designated by the amendment

14 made by section 3.

15 SEC. 8. NO LAND ACQUISITION.

16 The Federal Government shall not acquire, by any

17 means, any right or title in or to land, any easement, or

18 any other interest along the segments designated by the

19 amendment made by section 3 for the purpose of carrying

20 out the amendment or this Act.

Attest:

Clerk.