I 

108TH CONGRESS 

2D SESSION H. R. 3902

To amend the Wild and Scenic Rivers Act to designate portions of the 

Musconetcong River in the State of New Jersey as a component of 

the National Wild and Scenic Rivers System, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 4, 2004

Mr. GARRETT of New Jersey (for himself, Mr. FRELINGHUYSEN, and Mr. 

FERGUSON) introduced the following bill; which was referred to the Committee on Resources 

A BILL

To amend the Wild and Scenic Rivers Act to designate 

portions of the Musconetcong River in the State of New 

Jersey as a component of the National Wild and Scenic 

Rivers System, and for other purposes.

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 ‘‘Musconetcong Wild 

5 and Scenic Rivers Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) The Secretary of the Interior, in coopera2 tion and consultation with appropriate Federal, 

3 State, regional, and local agencies, is conducting a 

4 study of the eligibility and suitability of the 

5 Musconetcong River in the State of New Jersey for 

6 inclusion in the Wild and Scenic Rivers System. 

7 (2) The Musconetcong Wild and Scenic River 

8 Study Task Force has prepared, with assistance 

9 from the National Park Service, a river management 

10 plan for the study area entitled ‘‘Musconetcong 

11 River Management Plan’’ and dated April 2002, 

12 which establishes goals and actions that will ensure 

13 long-term protection of the outstanding values of the 

14 river and compatible management of land and water 

15 resources associated with the river. 

16 (3) Thirteen municipalities and three counties 

17 along segments of the Musconetcong River eligible 

18 for designation have passed resolutions supporting 

19 the Musconetcong River Management Plan, agreeing 

20 to take action to implement the goals of the plan, 

21 and endorsing designation of the river. 
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1 SEC. 3. DESIGNATION OF PORTIONS OF MUSCONETCONG 

2 RIVER, NEW JERSEY, AS SCENIC AND REC3 REATIONAL RIVERS. 

4 (a) DESIGNATION.—Section 3(a) of the Wild and 

5 Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by add6 ing at the end the following: 

7 ‘‘(ll) MUSCONETCONG RIVER, NEW JERSEY.—(A) 

8 The 24.2 miles of river segments in New Jersey, to be 

9 administered by the Secretary of the Interior, consisting 

10 of—

11 ‘‘(i) the segment from Saxton Falls to the 

12 Route 46 bridge (approximately 3.5 miles), as a sce13 nic river; and 

14 ‘‘(ii) the segment from the Kings Highway 

15 bridge to the railroad tunnels at Musconetcong 

16 Gorge (approximately 20.7 miles), as a recreational 

17 river. 

18 ‘‘(B) Notwithstanding section 10(c), the river seg19 ments referred to in subparagraph (A) shall not be admin20 istered as part of the National Park System.’’. 

21 (b) MANAGEMENT OF SEGMENTS.—

22 (1) COMPLIANCE WITH MANAGEMENT PLAN.—

23 The Secretary of the Interior shall manage the seg24 ments of the Musconetcong River, New Jersey, des25 ignated as a scenic river or recreational river by the 

26 amendment made by subsection (a) in accordance 
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1 with the river management plan entitled 

2 ‘‘Musconetcong River Management Plan’’ and dated 

3 April 2002, prepared by the Musconetcong River 

4 Management Committee, the National Park Service, 

5 the Heritage Conservancy, and the Musconetcong 

6 Watershed Association, which establishes goals and 

7 actions that will ensure long-term protection of the 

8 outstanding values of the river segments and com9 patible management of land and water resources as10 sociated with the river segments. 

11 (2) COOPERATION.—The Secretary shall man12 age the river segments in cooperation with appro13 priate Federal, State, regional, and local agencies, 

14 including—

15 (A) the Musconetcong River Management 

16 Committee; 

17 (B) the Musconetcong Watershed Associa18 tion; 

19 (C) the Heritage Conservancy; 

20 (D) the National Park Service; and 

21 (E) the New Jersey Department of Envi22 ronmental Protection. 

23 (c) SATISFACTION OF REQUIREMENTS FOR PLAN.—

24 The management plan shall be considered to satisfy the 

25 requirements for a comprehensive management plan for 
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1 the river segments under subsection 3(d) of the Wild and 

2 Scenic Rivers Act (16 U.S.C. 1274(d)). 

3 (d) FEDERAL ROLE.—

4 (1) RESTRICTIONS ON WATER RESOURCE

5 PROJECTS.—In determining under section 7(a) of 

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

7 whether a proposed water resources project would 

8 have a direct and adverse effect on the values for 

9 which a river segment is designated as part of the 

10 Wild and Scenic Rivers System, the Secretary shall 

11 consider the extent to which the project is consistent 

12 with the management plan. 

13 (2) COOPERATIVE AGREEMENTS.—Any coopera14 tive agreements entered into under section 10(e) of 

15 the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)) 

16 relating to a river segment—

17 (A) shall be consistent with the manage18 ment plan; and 

19 (B) may include provisions for financial or 

20 other assistance from the United States to fa21 cilitate the long-term protection, conservation, 

22 and enhancement of the river segment. 

23 (3) SUPPORT FOR IMPLEMENTATION.—The 

24 Secretary may provide technical assistance, staff 
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1 support, and funding to assist in the implementation 

2 of the management plan. 

3 (e) LAND MANAGEMENT.—

4 (1) IN GENERAL.—The Secretary may provide 

5 planning, financial, and technical assistance to local 

6 municipalities and non-profit organizations to assist 

7 in the implementation of actions to protect the nat8 ural and historic resources of the river segments. 

9 (2) PLAN REQUIREMENTS.—After adoption of 

10 recommendations made in section IV of the manage11 ment plan, the zoning ordinances of the municipali12 ties bordering the segments shall be considered to 

13 satisfy the standards and requirements under sec14 tion 6(c) of the Wild and Scenic Rivers Act (16 

15 U.S.C. 1277(c)). 

16 (f) DESIGNATION OF ADDITIONAL RIVER SEG17 MENT.—

18 (1) FINDING.—Congress finds that the 

19 Musconetcong River segment ‘‘C’’ as described in 

20 the management plan is suitable for designation as 

21 a recreational river under this subsection if there is 

22 adequate local support for the designation as deter23 mined by the Secretary. 

24 (2) DESIGNATION AND ADMINISTRATION.—If 

25 the Secretary determines that there is adequate local 
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1 support for designating the additional river segment 

2 as a recreational river—

3 (A) the Secretary shall publish in the Fed4 eral Register a notice of the designation of the 

5 segment; 

6 (B) the segment shall thereby be des7 ignated as a recreational river in accordance 

8 with the Wild and Scenic Rivers Act (16 U.S.C. 

9 1271 et seq.); and 

10 (C) the Secretary shall administer the ad11 ditional river segment as a recreational river. 

12 (3) CRITERIA FOR LOCAL SUPPORT.—In deter13 mining whether there is adequate local support for 

14 the designation of the additional river segment, the 

15 Secretary shall consider, among other things, the 

16 preferences of local governments expressed in resolu17 tions concerning designation of the segment. 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such funds as are nec20 essary to carry out this section, including the amendment 

21 to the Wild and Scenic River Act made by this section. 

22 (h) DEFINITIONS.—In this section: 

23 (1) ADDITIONAL RIVER SEGMENT.—The term 

24 ‘‘additional river segment’’ means Musconetcong 

25 River segment ‘‘C’’, as described in the management 
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1 plan, from Hughesville Mill to the Delaware River 

2 Confluence (approximately 4.3 miles). 

3 (2) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the river management plan enti5 tled ‘‘Musconetcong River Management Plan’’ and 

6 dated April 2002. 

7 (3) RIVER SEGMENTS.—The term ‘‘river seg8 ments’’ means the segments of the Musconetcong 

9 River, New Jersey, designated as a scenic river or 

10 recreational river by the amendment made by sub11 section (a) in accordance with the management plan. 

12 (4) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior.

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