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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lower Delaware Wild
and Scenic Rivers Act’’.
SEC. 2. FINDINGS.
The Congress finds that the following:
(1) Public Law 102–460 directed the Secretary
of the Interior to conduct a study of the eligibility
and suitability of the lower Delaware River in co-
operation and consultation with appropriate Federal,
State, regional, and local agencies, including, but not
limited to, the Pennsylvania Department of Con-
servation and Natural Resources, the New Jersey
Department of Environmental Protection, the Dela-
ware and Lehigh Navigation Canal National Herit-
age Corridor Commission, and the Delaware and
Raritan Canal Commission.
(2) During the study, the Lower Delaware Wild
and Scenic River Study Task Force and the Na-
tional Park Service prepared a river management
plan for the study area, entitled ‘‘Lower Delaware
River Management Plan’’, dated August 1997, which
establishes goals and actions that will ensure long-
term protection of the river’s outstanding values and
compatible management of their land and water re-
sources. Twenty-four municipalities along segments
of the Delaware River eligible for designation passed
resolutions supporting the Lower Delaware River
Management Plan, agreeing to take action as appro-
priate to implement the goals of the plan, and en-
dorsing designation of the river.
(3) Segments of the lower Delaware River and
its tributaries, the Paulinskill River, Cook’s Creek,
Tinicum Creek, Tohickon Creek, and Paunacussing
Creek are eligible for inclusion into the National
Wild and Scenic Rivers System—
(A) SEGMENT A.—The segment from the
Delaware Water Gap to the toll bridge con-
necting Columbia, New Jersey, and Portland,
Pennsylvania (approximately 9.2 miles, 14.8 kil-
ometers)—Recreational.
(B) SEGMENT B.—The segment from Erie
Lackawann railroad bridge to the southern tip
of Dildine Island (approximately 3.6 miles, 5.8
kilometers)—Recreational.
(C) SEGMENT C.—The segment from the
southern tip of Mack Island to the northern
border of the town of Belvidere, New Jersey
(approximately 2 miles, 3.2 kilometers)—Rec-
reational.
(D) SEGMENT D.—The segment from the
southern border of the town of Belvidere, New
Jersey, to the northern border of the city of
Easton, Pennsylvania, excluding river mile
196.0 to 193.8 (approximately 12.5 miles, 20.1
kilometers)—Recreational.
(E) SEGMENT E.—The segment from the
southern border of the town of Phillipsburg,
New Jersey, to a point just north of Gilbert
generating station (approximately 9.5 miles,
15.2 kilometers)—Recreational.
(F) SEGMENT F.—The segment point just
south of the Gilbert generating station to a
point just north of the Point Pleasant pumping
station (approximately 14.2 miles, 22.8 kilo-
meters)—Recreational.
(G) SEGMENT G.—The segment from the
point just south of the Point Pleasant pumping
station to a point 1,000 feet north of the Route
202 bridge (approximately 6.3 miles, 10.1 kilo-
meters)—Recreational.
(H) SEGMENT
H.—The segment from a
point 1,750 feet south of the Route 202 bridge
to the southern border of the town of New
Hope, Pennsylvania (approximately 1.9 miles,
3.0 kilometers)—Recreational.
(I) SEGMENT
I.—The segment from the
southern boundary of the town of New Hope,
Pennsylvania, to the town of Washington Cross-
ing, Pennsylvania (approximately 6 miles, 9.7
kilometers)—Recreational.
(J) SEGMENT
J.—Paulinskill River in
Knowlton Township (approximately 2.4 miles,
3.8 kilometers)—Recreational.
(K) SEGMENT K.—Cook’s Creek (approxi-
mately 3.5 miles, 5.6 kilometers)—Scenic.
(L) SEGMENT
L.—Tinicum Creek (ap-
proximately 15.9 miles, 25.6 kilometers)—Sce-
nic.
(M) SEGMENT
M.—Tohickon Creek (ap-
proximately 25.6 miles, 41.2 kilometers)—Sce-
nic.
(N) SEGMENT N.—Paunacussing Creek in
Solebury Township (approximately 3 miles, 4.8
kilometers)—Recreational.
SEC. 3. DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the fol-
lowing new paragraphs:
‘‘( ) LOWER
DELAWARE
RIVER
AND
ASSOCI-
ATED
TRIBUTARIES, NEW
JERSEY
AND
PENNSYL-
VANIA.—
‘‘(A) The 65.6 miles of river segments in
New Jersey and Pennsylvania consisting of:
‘‘(i) The segment from river mile
193.8 to the northern border of the city of
Easton, Pennsylvania (approximately 10.5
miles, 16.9 kilometers), to be administered
by the Secretary of the Interior as a rec-
reational river.
‘‘(ii) The segment from a point just
south of the Gilbert generating station to
a point just north of the Point Pleasant
pumping 
station 
(approximately 
14.2
miles, 22.8 kilometers), to be administered
by the Secretary of the Interior as a rec-
reational river.
‘‘(iii) The segment from a point just
south of the Point Pleasant pumping sta-
tion to a point 1,000 feet north of the
Route 202 bridge (approximately 6.3 miles,
10.1 kilometers), to be administered by the
Secretary of the Interior as a recreational
river.
‘‘(iv) The segment from a point 1,750
feet south of the Route 202 bridge to the
southern border of the town of New Hope,
Pennsylvania (approximately 1.9 miles, 3.0
kilometers), to be administered by the Sec-
retary of the Interior as a recreational
river.
‘‘(v) The segment from the southern
boundary of the town of New Hope, Penn-
sylvania, to the town of Washington Cross-
ing, Pennsylvania (approximately 6 miles,
9.7 kilometers), to be administered by the
Secretary of the Interior as a recreational
river.
‘‘(vi) Tinicum Creek (approximately
14.7 miles, 23.7 kilometers), to be admin-
istered by the Secretary of the Interior as
a scenic river.
‘‘(vii) Tohickon Creek from the Lake
Nockamixon Dam to the Delaware River
(approximately 10.7 miles, 17.2 kilo-
meters), to be administered by the Sec-
retary of the Interior as a scenic river.
‘‘(viii) 
Paunacussing 
Creek 
in
Solebury Township (approximately 3 miles,
4.8 kilometers), to be administered by the
Secretary of the Interior as a recreational
river.
‘‘(B) The segments designated by this
paragraph shall be administered by the Sec-
retary of the Interior as components of the Na-
tional Park System in cooperation with appro-
priate Federal, State, regional, and local agen-
cies, including the New Jersey Department of
Environmental Protection, the Pennsylvania
Department of Conservation and Natural Re-
sources, the Delaware and Lehigh Navigation
Canal Heritage Corridor Commission, the Dela-
ware and Raritan Canal Commission, and the
Delaware River Greenway Partnership. The
segments shall be managed in accordance with
the plan entitled ‘Lower Delaware River Man-
agement Plan’. Such plan shall be deemed to
satisfy the requirements for a comprehensive
management plan under section 3(d).’’.
SEC. 4. MANAGEMENT.
(a) FEDERAL ROLE.—(1) The Secretary of the Inte-
rior acting through the Director of the National Park
Service, shall carry out the Lower Delaware River Man-
agement Plan and the provisions of this Act and the Wild
and Scenic Rivers Act with respect to each of the segments
designated by section 3, including the review of proposed
federally assisted water resources projects that could have
a direct and adverse effect on the values for which the
segment is established, as authorized under section 7(a)
of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)).
In determining whether a proposed water resources
project would have a direct and adverse effect on the val-
ues for which the segments are designated were included
in the National Wild and Scenic Rivers System, the Sec-
retary, acting through the Director, shall specifically con-
sider the extent to which the project is consistent with the
Lower Delaware River Management Plan.
(2) Pursuant to sections 10(e) and 11(b) of the Wild
and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)),
the Secretary of the Interior, acting through the Director
of the National Park Service, may enter into cooperative
agreements with the States of New Jersey and Pennsyl-
vania and other organizations as appropriate. Such coop-
erative agreements shall be consistent with the Lower
Delaware River Management Plan and may include provi-
sions for financial or other assistance from the United
States to facilitate the long-term protection, conservation,
and enhancement of each of the segments designated by
section 3 of this Act.
(3) The Secretary of the Interior, acting through the
Director, may provide technical assistance, staff support,
and funding to assist in the implementation of the Lower
Delaware River Management Plan.
(b) LAND MANAGEMENT.—The Secretary of the Inte-
rior, acting through the Director of the National Park
Service, may provide planning, financial, and technical as-
sistance to municipalities through which designated river
segments flow to assist in their implementation of actions
to protect the natural, economic, and historic resources of
the Lower Delaware River corridor. After adoption of rec-
ommendations made in section III of the management
plan, the zoning ordinances of the municipalities bordering
the segments shall be considered to satisfy the standards
and requirements under section 6(c) prohibiting the Sec-
retary from acquiring lands through condemnation for the
purposes of including the lands in the designated segments
of the river area where such lands are located within any
incorporated municipality which has in force and applica-
ble to such lands duly adopted, valid zoning ordinances
that conform with the purposes of the Wild and Scenic
Rivers Act (16 U.S.C. 1221 and following).
(c) SEGMENT ADDITIONS.—The Secretary of the In-
terior, acting through the Director of the National Park
Service, is encouraged to continue to work with the local
municipalities to negotiate agreement and support for des-
ignating those segments of the Delaware River and its
tributaries which were found eligible for designation pur-
suant to Public Law 102–460 and were not designated
pursuant to this Act. If within 3 years of enactment of
this Act, 1 or more of such additional river segments are
certified by the Secretary of the Interior as suitable for
designation into the National Wild and Scenic Rivers Sys-
tem, the Secretary shall publish in the Federal Register
a notice of the designation of the segment, and upon such
publication the segment shall thereby be designated as a
recreational river or scenic river, as the case may be,
under section 3(a) of the Wild and Scenic River Act (16
U.S.C. 1274(a)).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
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