IA

106TH CONGRESS

2D SESSION S. 1849

IN THE HOUSE OF REPRESENTATIVES

MAY 2, 2000

Referred to the Committee on Resources

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.

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 ‘‘White Clay Creek Wild

5 and Scenic Rivers System Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) Public Law 102–215 (105 Stat. 1664) di4 rected the Secretary of the Interior, in cooperation

5 and consultation with appropriate State and local

6 governments and affected landowners, to conduct a

7 study of the eligibility and suitability of White Clay

8 Creek, Delaware and Pennsylvania, and the tribu9 taries of the creek for inclusion in the National Wild

10 and Scenic Rivers System;

11 (2) as a part of the study described in para12 graph (1), the White Clay Creek Study Wild and

13 Scenic Study Task Force and the National Park

14 Service prepared a watershed management plan for

15 the study area entitled ‘‘White Clay Creek and Its

16 Tributaries Watershed Management Plan’’, dated

17 May 1998, that establishes goals and actions to en18 sure the long-term protection of the outstanding val19 ues of, and compatible management of land and

20 water resources associated with, the watershed; and

21 (3) after completion of the study described in

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

23 Castle County, Delaware, Newark, Delaware, and 12

24 Pennsylvania municipalities located within the wa25 tershed boundaries passed resolutions that—
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1 (A) expressed support for the White Clay

2 Creek Watershed Management Plan;

3 (B) expressed agreement to take action to

4 implement the goals of the Plan; and

5 (C) endorsed the designation of the White

6 Clay Creek and the tributaries of the creek for

7 inclusion in the National Wild and Scenic Riv8 ers System.

9 SEC. 3. DESIGNATION OF WHITE CLAY CREEK.

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

11 U.S.C. 1274(a)) is amended by adding at the end the fol12 lowing:

13 ‘‘(161) WHITE CLAY CREEK, DELAWARE AND PENN14 SYLVANIA.—

15 ‘‘(A) SEGMENTS.—The 191 miles of river seg16 ments of White Clay Creek (including tributaries of

17 the Creek and all second order tributaries of the

18 designated segments) in the States of Delaware and

19 Pennsylvania (referred to in this paragraph as the

20 ‘Creek’), as depicted on the recommended designa21 tion and classification maps, as follows:

22 ‘‘(i) 30.8 miles of the east branch, includ23 ing Trout Run, beginning at the headwaters

24 within West Marlborough township downstream

25 to a point that is 500 feet north of the Borough
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1 of Avondale wastewater treatment facility, as a

2 recreational river.

3 ‘‘(ii) 15.0 miles of the east branch begin4 ning at the southern boundary line of the Bor5 ough of Avondale to a point where the East

6 Branch enters New Garden Township at the

7 Franklin Township boundary line, including

8 Walnut Run and Broad Run outside the bound9 aries of the White Clay Creek Preserve, as a

10 recreational river.

11 ‘‘(iii) 4.0 miles of the east branch that flow

12 through the boundaries of the White Clay Creek

13 Preserve, Pennsylvania, beginning at the north14 ern boundary line of London Britain township

15 and downstream to the confluence of the middle

16 and east branches, as a scenic river.

17 ‘‘(iv) 20.9 miles of the middle branch, be18 ginning at the headwaters within Londonderry

19 township downstream to the boundary of the

20 White Clay Creek Preserve in London Britain

21 township, as a recreational river.

22 ‘‘(v) 2.1 miles of the west branch that flow

23 within the boundaries of the White Clay Creek

24 Preserve in London Britain township, as a sce25 nic river.
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1 ‘‘(vi) 17.2 miles of the west branch, begin2 ning at the headwaters within Penn township

3 downstream to the confluence with the middle

4 branch, as a recreational river.

5 ‘‘(vii) 12.7 miles of the main stem, exclud6 ing Lamborn Run, that flow through the

7 boundaries of the White Clay Creek Preserve,

8 Pennsylvania and Delaware, and White Clay

9 Creek State Park, Delaware, beginning at the

10 confluence of the east and middle branches in

11 London Britain township, Pennsylvania, down12 stream to the northern boundary line of the city

13 of Newark, Delaware, as a scenic river.

14 ‘‘(viii) 27.5 miles of the main stem (includ15 ing all second order tributaries outside the

16 boundaries of the White Clay Creek Preserve

17 and White Clay Creek State Park), beginning

18 at the confluence of the east and middle

19 branches in London Britain township, Pennsyl20 vania, downstream to the confluence of the

21 White Clay Creek with the Christina River, as

22 a recreational river.

23 ‘‘(ix) 1.3 miles of Middle Run outside the

24 boundaries of the Middle Run Natural Area, as

25 a recreational river.
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1 ‘‘(x) 5.2 miles of Middle Run that flow

2 within the boundaries of the Middle Run Nat3 ural Area, as a scenic river.

4 ‘‘(xi) 15.6 miles of Pike Creek, as a rec5 reational river.

6 ‘‘(xii) 38.7 miles of Mill Creek, as a rec7 reational river.

8 ‘‘(B) BOUNDARIES.—

9 ‘‘(i) IN GENERAL.—Except as provided in

10 clause (ii), in lieu of the boundaries provided

11 for in subsection (b), the boundaries of the seg12 ments shall be the greater of—

13 ‘‘(I) the 500-year floodplain; or

14 ‘‘(II) 250 feet as measured from the

15 ordinary high water mark on both sides of

16 the segment.

17 ‘‘(ii) EXCEPTIONS.—The boundary limita18 tions described in clause (i) are inapplicable

19 to—

20 ‘‘(I) the areas described in section

21 4(a) of the White Clay Creek Wild and

22 Scenic Rivers Act; and

23 ‘‘(II) the properties, as generally de24 picted on the map entitled ‘White Clay

25 Creek Wild and Scenic River Study Area
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1 Recommended Designated Area’, dated

2 June 1999, on which are located the sur3 face water intakes and water treatment

4 and wastewater treatment facilities of—

5 ‘‘(aa) the city of Newark, Dela6 ware;

7 ‘‘(bb) the corporation known as

8 United Water Delaware; and

9 ‘‘(cc) the borough of West Grove,

10 Pennsylvania.

11 ‘‘(C) ADMINISTRATION.—

12 ‘‘(i) IN GENERAL.—The segments des13 ignated by subparagraph (A) shall be adminis14 tered by the Secretary of the Interior, in co15 operation with the White Clay Creek Watershed

16 Management Committee as provided for in the

17 plan prepared by the White Clay Creek Wild

18 and Scenic Study Task Force and the National

19 Park Service, entitled ‘White Clay and Its Trib20 utaries Watershed Management Plan’ and

21 dated May 1998.’’.

22 SEC. 4. SUBSEQUENT DESIGNATIONS.

23 (a) IN GENERAL.—Churchman’s Marsh, Lamborn

24 Run, and the properties on which the intake structures

25 and pipelines for the proposed Thompson’s Station Res-
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1 ervoir may be located shall be considered suitable for des2 ignation as components of the National Wild and Scenic

3 Rivers System only at such time as those areas are re4 moved from consideration as locations for the reservoir

5 under the comprehensive plan of the Delaware River Basin

6 Commission.

7 (b) ASSISTANCE FOR SUBSEQUENT DESIGNA8 TIONS.—The Secretary of the Interior (hereinafter re9 ferred to as the ‘‘Secretary’’) shall offer assistance to the

10 State of Delaware and New Castle County, Delaware, if

11 an area described in subsection (a) is designated a compo12 nent of the National Wild and Scenic Rivers System.

13 SEC. 5. MANAGEMENT.

14 (a) IN GENERAL.—In order to provide for the long15 term protection, preservation, and enhancement of White

16 Clay Creek and its tributaries, the Secretary shall offer

17 to enter into cooperative agreements pursuant to section

18 10(e) and section 11(b)(1) of the Wild and Scenic Rivers

19 Act (16 U.S.C. 1281(e) and 16 U.S.C. 1282(b)(1)) with

20 the White Clay Creek Watershed Management Committee

21 as provided for in the plan entitled ‘‘White Clay Creek

22 and its Tributaries Watershed Management Plan’’ and

23 dated May, 1998 (hereinafter referred to as the ‘‘manage24 ment plan’’).
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1 (b) FEDERAL ROLE.—(1) The Director of the Na2 tional Park Service (or a designee) shall represent the Sec3 retary in the implementation of the management plan and

4 this paragraph (including the review, required under sec5 tion 7(a) of the Wild and Scenic Rivers Act (16 U.S.C.

6 1278(a)), of proposed federally assisted water resources

7 projects that could have a direct and adverse effect on the

8 values for which the segments were designated and au9 thorized).

10 (2) To assist in the implementation of the manage11 ment plan and to carry out this Act, the Secretary may

12 provide technical assistance, staff support, and funding at

13 a cost to the Federal Government in an amount, in the

14 aggregate, of not to exceed $150,000 for each fiscal year.

15 (c) COOPERATIVE AGREEMENTS.—Any cooperative

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

17 and Scenic Rivers Act (16 U.S.C. 1281(e)) relating to any

18 of the segments designed by section 3—

19 (1) shall be consistent with the management

20 plan; and

21 (2) may include provisions for financial or other

22 assistance from the United States to facilitate the

23 long-term protection, conservation, and enhancement

24 of the segments.
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1 (d) COMPREHENSIVE MANAGEMENT PLAN.—The

2 management plan shall be deemed to satisfy the require3 ments for a comprehensive management plan under sec4 tion 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.

5 1274(d)).

6 (e) STATE REQUIREMENTS.—State and local zoning

7 laws and ordinances, as in effect on the date of enactment

8 of this Act, shall be considered to satisfy the standards

9 and requirements under section 6(c) of the Wild and Sce10 nic Rivers Act (16 U.S.C. 1277(c)).

11 (f) NATIONAL PARK SYSTEM.—Notwithstanding sec12 tion 10(c) of the Wild and Scenic Rivers Act (16 U.S.C.

13 1281(c)), any portion of a segment designated by section

14 3 that is not in the National Park System as of the date

15 of enactment of this Act shall not—

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

17 System;

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

19 or

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

21 that govern the National Park System.

22 (g) NO LAND ACQUISITION.—The Federal Govern23 ment shall not acquire, by any means, any right or title
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1 in or to land, any easement, or any other interest for the

2 purpose of carrying out this Act.

Passed the Senate April 13, 2000.

Attest: GARY SISCO,

Secretary.