I
106TH CONGRESS
2D SESSION
H. R. 3556
To designate segments and tributaries of White Clay Creek, Delaware and
Pennsylvania, as a component of the National Wild and Scenic Rivers System.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2000
Mr. CASTLE (for himself and Mr. PITTS) introduced the following bill; which
was referred to the Committee on Resources
A BILL
To designate segments and tributaries of White Clay Creek,
Delaware and Pennsylvania, as a component of the Na-
tional 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 ‘‘White Clay Creek Wild
and Scenic Rivers System Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) Public Law 102–215 (105 Stat. 1664) di-
rected 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 tribu-
taries of the creek for inclusion in the National Wild
and Scenic Rivers System;
(2) as a part of the study described in para-
graph (1), the White Clay Creek Study 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 en-
sure the long-term protection of the outstanding val-
ues 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 wa-
tershed 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 Riv-
ers 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 fol-
lowing:
‘‘(161) WHITE CLAY CREEK, DELAWARE AND PENN-
SYLVANIA.—
‘‘(A) SEGMENTS.—The 191 miles of river seg-
ments of White Clay Creek (including tributaries of
the Creek and all second order tributaries of the
designated segments) in the States of Delaware and
Pennsylvania (referred to in this paragraph as the
‘Creek’), as depicted on the recommended designa-
tion and classification maps, as follows:
‘‘(i) 30.8 miles of the east branch, includ-
ing 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.
‘‘(ii) 15.0 miles of the east branch begin-
ning at the southern boundary line of the Bor-
ough 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 bound-
aries of the White Clay Creek Preserve, as a
recreational river.
‘‘(iii) 4.0 miles of the east branch that flow
through the boundaries of the White Clay Creek
Preserve, Pennsylvania, beginning at the north-
ern boundary line of London Britain township
and downstream to the confluence of the middle
and east branches, as a scenic river.
‘‘(iv) 20.9 miles of the middle branch, be-
ginning at the headwaters within Londonderry
township downstream to the boundary of the
White Clay Creek Preserve in London Britain
township, as a recreational river.
‘‘(v) 2.1 miles of the west branch that flow
within the boundaries of the White Clay Creek
Preserve in London Britain township, as a sce-
nic river.
‘‘(vi) 17.2 miles of the west branch, begin-
ning at the headwaters within Penn township
downstream to the confluence with the middle
branch, as a recreational river.
‘‘(vii) 12.7 miles of the main stem, exclud-
ing 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, down-
stream to the northern boundary line of the city
of Newark, Delaware, as a scenic river.
‘‘(viii) 27.5 miles of the main stem (includ-
ing 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, Pennsyl-
vania, downstream to the confluence of the
White Clay Creek with the Christina River, as
a recreational river.
‘‘(ix) 1.3 miles of Middle Run outside the
boundaries of the Middle Run Natural Area, as
a recreational river.
‘‘(x) 5.2 miles of Middle Run that flow
within the boundaries of the Middle Run Nat-
ural Area, as a scenic river.
‘‘(xi) 15.6 miles of Pike Creek, as a rec-
reational river.
‘‘(xii) 38.7 miles of Mill Creek, as a rec-
reational river.
‘‘(B) BOUNDARIES.—
‘‘(i) IN GENERAL.—Except as provided in
clause (ii), action required to be taken under
subsection (b) shall be taken not later than 1
year after the date of enactment of this para-
graph, except that, with respect to the segments
designated by subparagraph (A), in lieu of the
boundaries provided for in subsection (b), the
boundaries of the segments shall be the greater
of—
‘‘(I) the 500-year floodplain; or
‘‘(II) 250 feet as measured from the
ordinary high water mark on both sides of
the segment.
‘‘(ii) EXCEPTIONS.—The boundary limita-
tions described in clause (i) are inapplicable
to—
‘‘(I) the areas described in subpara-
graph (D)(i); and
‘‘(II) the properties, as generally de-
picted on the map entitled ‘‘White Clay
Creek Wild and Scenic River Study Area
Recommended Designated Area’’, dated
June 1999, on which are located the sur-
face water intakes and water treatment
and wastewater treatment facilities of—
‘‘(aa) the City of Newark, Dela-
ware;
‘‘(bb) the corporation known as
United Water Delaware; and
‘‘(cc) 
the 
Borough 
of 
West
Grove, Pennsylvania.
‘‘(C) ADMINISTRATION.—
‘‘(i) IN
GENERAL.—The segments des-
ignated by subparagraph (A) shall be adminis-
tered by the Secretary of the Interior (referred
to in this paragraph as the ‘Secretary’), in co-
operation 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 and Its
Tributaries Watershed Management Plan’’ and
dated May 1998 (referred to in this paragraph
as the ‘Management Plan’).
‘‘(ii) REQUIREMENT FOR COMPREHENSIVE
MANAGEMENT
PLAN.—The Management Plan
shall be considered to satisfy the requirements
for a comprehensive management plan under
subsection (d).
‘‘(D) CHURCHMAN’S
MARSH, LAMBORN
RUN,
AND OTHER PROPERTIES.—
‘‘(i) IN
GENERAL.—Churchman’s Marsh,
Lamborn Run, and the properties on which the
intake structures and pipelines for the proposed
Thompson’s Station Reservoir shall be located
shall be considered suitable for designation as
components of the National Wild and Scenic
Rivers System only at such time as those areas
are removed from consideration as locations for
the reservoir under the comprehensive plan of
the Delaware River Basin Commission.
‘‘(ii) SUBSEQUENT DESIGNATIONS.—Noth-
ing in this paragraph prohibits the designation
of an area described in clause (i) as a compo-
nent of the National Wild and Scenic Rivers
System if, on a date after the date of enact-
ment of this paragraph, the additional segment
is determined to be suitable for such designa-
tion.
‘‘(iii) ASSISTANCE FOR SUBSEQUENT DES-
IGNATIONS.—The Secretary shall offer assist-
ance as authorized in subparagraph (E) to the
State of Delaware and New Castle County,
Delaware, if an area described in clause (i) is
subsequently determined to be suitable for des-
ignation as a component of the National Wild
and Scenic Rivers System and is so designated.
‘‘(E) MANAGEMENT.—
‘‘(i) IN
GENERAL.—The segments des-
ignated by subparagraph (A) shall be managed
in accordance with the Management Plan.
‘‘(ii) FEDERAL ROLE.—
‘‘(I) IN GENERAL.—The Director of
the National Park Service (or a designee)
shall represent the Secretary in the imple-
mentation of the Management Plan and
this paragraph (including the review, re-
quired under section 7(a), of proposed fed-
erally-assisted water resources projects
that could have a direct and adverse effect
on the values for which the segments were
designated and authorized).
‘‘(II) ASSISTANCE.—To assist in the
implementation of the Management Plan
and to carry out this paragraph, the Sec-
retary 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.
‘‘(iii) COOPERATIVE
AGREEMENTS.—Any
cooperative agreement entered into under sec-
tion 10(e) relating to any of the segments des-
ignated by subparagraph (A)—
‘‘(I) shall be consistent with the Man-
agement Plan; and
‘‘(II) may include provisions for finan-
cial or other assistance from the United
States to facilitate the long-term protec-
tion, conservation, and enhancement of the
segments.
‘‘(iv) STATE
REQUIREMENTS.—State and
local zoning laws and ordinances, as in effect on
the date of enactment of this paragraph, shall
be considered to satisfy the standards and re-
quirements under section 6(c).
‘‘(v) NATIONAL PARK SYSTEM.—Notwith-
standing section 10(c), any portion of a seg-
ment designated by subparagraph (A) that is
not in the National Park System as of the date
of enactment of this paragraph shall not, under
this paragraph—
‘‘(I) be considered a part of the Na-
tional Park System;
‘‘(II) be managed by the National
Park Service; or
‘‘(III) be subject to laws (including
regulations) that govern the National Park
System.
‘‘(vi) NO
LAND
ACQUISITION.—The Fed-
eral Government shall not acquire, by any
means, any right or title in or to land, any
easement, or any other interest for the purpose
of carrying out this paragraph.’’.
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