IB
Union Calendar No. 474
106TH CONGRESS
2D SESSION
H. R. 3520
[Report No. 106–813]
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 24, 2000
Mr. PITTS introduced the following bill; which was referred to the Committee
on Resources
SEPTEMBER 6, 2000
Additional sponsors: Mr. CASTLE and Mr. ANDREWS
SEPTEMBER 6, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 24, 2000]
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,
HR 3520 RH
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 paragraph
(1), the White Clay Creek Wild and Scenic Study
Task Force and the National Park Service prepared
a watershed management plan for the study area en-
titled ‘‘White Clay Creek and Its Tributaries Water-
shed Management Plan’’, dated May 1998, that estab-
lishes goals and actions to ensure the long-term pro-
tection of the outstanding values 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
HR 3520 RH
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:
‘‘(162) WHITE CLAY CREEK, DELAWARE AND PENN-
SYLVANIA.—The 190 miles of river segments of White Clay
Creek (including tributaries of White Clay Creek and all
second order tributaries of the designated segments) in the
States of Delaware and Pennsylvania, as depicted on the
recommended designation and classification maps (dated
June 2000), to be administered by the Secretary of the Inte-
rior, as follows:
‘‘(A) 30.8 miles of the east branch, including
Trout Run, beginning at the headwaters within West
Marlborough township downstream to a point that is
HR 3520 RH
500 feet north of the Borough of Avondale wastewater
treatment facility, as a recreational river.
‘‘(B) 15.0 miles of the east branch beginning at
the southern boundary line of the Borough 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 boundaries of the White Clay Creek
Preserve, as a recreational river.
‘‘(C) 4.0 miles of the east branch that flow
through the boundaries of the White Clay Creek Pre-
serve, Pennsylvania, beginning at the northern bound-
ary line of London Britain township and downstream
to the confluence of the middle and east branches, as
a scenic river.
‘‘(D) 6.8 miles of the middle branch, beginning
at the headwaters within Londonderry township
downstream to a point that is 500 feet north of the
Borough of West Grove wastewater treatment facility,
as a recreational river.
‘‘(E) 14 miles of the middle branch, beginning at
a point that is 500 feet south of the Borough of West
Grove wastewater treatment facility downstream to
the boundary of the White Clay Creek Preserve in
London Britain township, as a recreational river.
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‘‘(F) 2.1 miles of the middle branch that flow
within the boundaries of the White Clay Creek Pre-
serve in London Britain township, as a scenic river.
‘‘(G) 17.2 miles of the west branch, beginning at
the headwaters within Penn township downstream to
the confluence with the middle branch, as a rec-
reational river.
‘‘(H) 12.7 miles of the main stem, excluding
Lamborn Run, that flow through the boundaries of
the White Clay Creek Preserve, Pennsylvania and
Delaware, and White Clay Creek State Park, Dela-
ware, beginning at the confluence of the east and mid-
dle branches in London Britain township, Pennsyl-
vania, downstream to the northern boundary line of
the city of Newark, Delaware, as a scenic river.
‘‘(I) 5.4 miles of the main stem (including 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,
Pennsylvania, downstream to the northern boundary
of the city of Newark, Delaware, as a recreational
river.
HR 3520 RH
‘‘(J) 16.8 miles of the main stem beginning at
Paper Mill Road downstream to the Old Route 4
bridge, as a recreational river.
‘‘(K) 4.4 miles of the main stem beginning at the
southern boundary of the property of the corporation
known as United Water Delaware downstream to the
confluence of White Clay Creek with the Christina
River, as a recreational river.
‘‘(L) 1.3 miles of Middle Run outside the bound-
aries of the Middle Run Natural Area, as a rec-
reational river.
‘‘(M) 5.2 miles of Middle Run that flow within
the boundaries of the Middle Run Natural Area, as a
scenic river.
‘‘(N) 15.6 miles of Pike Creek, as a recreational
river.
‘‘(O) 38.7 miles of Mill Creek, as a recreational
river.’’.
SEC. 4. BOUNDARIES.
With respect to each of the segments of White Clay
Creek and its tributaries designated by the amendment
made by section 3, in lieu of the boundaries provided for
in section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(b)), the boundaries of the segment shall be 250 feet
HR 3520 RH
as measured from the ordinary high water mark on both
sides of the segment.
SEC. 5. ADMINISTRATION.
(a) BY SECRETARY OF THE INTERIOR.—The segments
designated by the amendment made by section 3 shall be
administered by the Secretary of the Interior (referred to
in this Act as the ‘‘Secretary’’), in cooperation 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 Creek and Its Tributaries Wa-
tershed Management Plan’’ and dated May 1998 (referred
to in this Act as the ‘‘Management Plan’’).
(b) REQUIREMENT
FOR COMPREHENSIVE MANAGE-
MENT PLAN.—The Management Plan shall be considered to
satisfy the requirements for a comprehensive management
plan under section 3(d) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(d)).
(c) COOPERATIVE AGREEMENTS.—In order to provide
for the long-term protection, preservation, and enhancement
of the segments designated by the amendment made by sec-
tion 3, the Secretary shall offer to enter into a cooperative
agreement pursuant to sections 10(c) and 11(b)(1) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1))