An Act to authorize establishment of the Tocks Island National Recreation Area in the States of Pennsylvania, and New Jersey, and for other purposes
PL 89-158 (H.R.89), enacted 09/01/1965

612 
PUBLIC LAW 89-158-SEPT. 1, 1965 
[79 STAT. 
Public Law 89-158 
September 1, 1965 
^ ^ 
A C T 
[H.R. 89] 
rp^j authorize establishment of the Delawart^ Water Gap National Recreation Area, 
and for other puri)oses. 
Delaware Water 
Gap National 
Recreation Area. 
Establishment. 
Land acquisi-
tion authorization. 
Report to the 
President and 
Congress. 
Noncommercial 
residential oc-
cupancy. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That in order to 
further the purposes of the joint resolution approved September 27, 
1961 (re Delaware River Basin compact; 75 Stat. 688), and to provide, 
in a manner coordinated with the other purposes of the Tocks Island 
Reservoir project, for public outdoor recreation use and enjoyment of 
the proposed Tocks Island Reservoir and lands adjacent thereto by the 
people of the United States and for preservation of the scenic, scientific, 
and historic features contributing to public enjoyment of such lands 
and w^aters, the Secretary of the Interior is authorized, as herein pro-
vided, to establish and administer the Delaw^are Water Gap National 
Recreation Area, hereinafter referred to as the "area", as part of the 
Tocks Island Reservoir project, hereinafter referred to as "the project". 
SEC. 2. (a) The Secretary of the Army is authorized and directed to 
acquire, by such means as he may deem to be in the public interest, and 
as a part of his acquisition of properties for the project, lands and 
interests therein within the boundaries of the area, as generally de-
picted on the drawing entitled "Proposed Tocks Island National Rec-
reation Area" dated and numbered September 1962, NRA-TI-7100, 
which drawling is on file in the Office of the National Park Service, 
Department of the Interior. In acquiring these lands, the Secretary 
of the Army may utilize such statutory authorities as are available to 
him for the acquisition of project lands: Provided^ That the Secretary 
of the Army sliall acquire no lands or interests in land by exchange for 
lands or interests in land in Federal ownership unless the latter are in 
the States of Pennsylvania, New^ Jersey, or NeAv York. Periodically, 
and as soon as practicable after such lands and interests within the 
area are acquired, the Secretary of the Army shall transfer jurisdiction 
thereover to the Secretary of the Interior for the purposes of this Act. 
(b) Notwithstanding the provisions of subsection (a) of this sec-
tion, the Secretary of the Interior is authorized, after consultation with 
appropriate public officials of the affected political subdivisions of the 
States of Pennsylvania or New^ Jersey, as the case may be, to designate 
not more than three hundred acres adjacent and contiguous to the 
Borough of Milford, Pennsylvania, and not more than one thousand 
acres in Sussex County, New Jersey, for omission from the Delaware 
Valley National Recreation Area and the lands so designated shall not 
be acquired for said national recreation area under authority of this 
Act. 
(c) The Secretary of the Interior shall investigate, study, and report 
to the President and the Congress on the feasibility and usefulness of 
extending the boundaries of the Delaware Water Gap National Recre-
ation Area to include, in whole or in part, that portion of Tocks Island 
Reservoir which lies upstream from the northern terminus of the na-
tional recreation area as shown on the map hereinl^efore referred to and 
lands adjacent to said portion of said reservoir. No such extension of 
boundaries, however, shall be made until authorized by Act of Congress. 
(d) The beneficial owner, not being a corporation, of a freehold 
interest acquired before January 1, 1965, in improved residential 
property within the area to be acquired by the Secretary of the Army 
under authority of this Act, the continued use of which property for 
noncommercial residential purposes for a limited time will not, in the 
judgment of the Secretary of the Interior, unduly interfere with the 
development of public-use facilities for the national recreation area 
79 STAT. ] 
PUBLIC LAW 89-158-SEPT. 1, 1965 
613 
"Improved resi-
dential property." 
Publication in 
the Federal 
and will not, in the judgment of the Secretary of the Army, miduly 
interfere with the operation of the Tocks Island Reservoir project, 
may retain a right of use and occupancy of such property for noncom-
mercial residential purposes for, as said owner may elect, either (i) a 
period terminating upon his death or the death of his spouse, which-
ever occurs later, or (ii) a term of not more than twenty-five years: 
Provided^ That in no case shall the period or term for which such 
right of use and occupancy is retained extend beyond the term of the 
freehold interest acquired by the United States. The price payable 
to the owner of such property shall be reduced by an amount equal to 
the value of the right retained. 
As used in this Act "improved resi-
dential property" means a single-family year-round dwelling, the 
construction of which was begun before January 21, 1963, which 
dwelling serves as the owner's permanent place of abode at the time 
of its acquisition by the United States, together with not more than 
three acres of land on which the dwelling and appurtenant buildings 
are located which land the Secretary of the Interior or the Secretary 
of the Army, as the case may be, finds is reasonably necessary for the 
owner's continued use and occupancy of the dwelling. 
SEC. 3. (a) As soon as practicable after the date of enactment of 
_ 
this Act and following the transfer to the Secretary of the Interior by Register.' 
the Secretary of the Army of jurisdiction over those lands and inter-
ests therein within the boundary generally depicted on the drawing 
described in section 2 hereof which, in the opinion of the Secretary of 
the Interior, constitute an efficiently administrable unit, the Secretary 
of the Interior shall declare establishment of the area by publication 
of notice thereof in the Federal Register. 
Such notice shall contain 
a detailed description of the boundaries of the area which shall encom-
pass, to the extent practicable, the lands and waters shown on said 
drawing. 
Prior to such establishment, the Secretary of tlie Interior 
shall administer such transferred lands and waters, consistent with 
the construction of the project, for purposes in contemplation of the 
establishment of the area pursuant to this Act. 
(b) The Secretary of the Interior may subsequently make adjust-
ments in the boundary of the area by publication of the amended 
description thereof in the Federal Register and acquire, by such means Reglst 
as he may deem to be in the public interest, including an exchange of 
excluded for included lands or interests therein with or without the 
payment or receipt of monej to equalize values, additional lands and 
interests therein included in the area by reason of the boundary 
adjustment: Provided, That the area encompassed hy such revised 
boundary shall not exceed the acreage included within the detailed 
boundary first described pursuant to this section. 
(c) On lands acquired pursuant to this Act for recreation purposes, 
the Secretary of the Army, with the concurrence of the Secretary of the 
Interior, may permit the continuance of existing uses consistent with 
the purposes of this Act. 
SEC. 4. In the administration of the area for the purposes of this 
Act, the Secretary of the Interior may utilize such statutory authorities 
relating to areas of the national park system and such statutory author-
ities otherwise available to him for the conservation, management, or 
disposal of vegetatiA^e, mineral, or fish or wildlife resources as he deems 
appropriate to carry out the purposes of this Act. To assure consistent 
and effective planning, development, and operation for all purposes of 
the project, the Secretary of the Interior and the Secretary of the 
Army shall coordinate the administration of their respective responsi-
bilities in the project; and such administration shall h^ consistent with 
the Joint resolution approved September 27, 1961 (re Delaware River 
Basin compact; 75 Stat. 688). 
Boundary ad-
justments, publi-
cation in Federal 
614 
PUBLIC LAW 89-159-SEPT. 1, 1965 
[79 STAT. 
Hunting and 
fishing. 
Appropriation. 
SEC. 5. In the administration of the area for the purposes of this Act, 
the Secretary of the Interior, subject to provisions of section 4 hereof, 
shall adopt and implement, and may from time to time revise, a land 
and water use management plan, which shall include specific provision 
for, in order of priority— 
(1) public outdoor recreation benefits; 
(2) preservation of scenic, scientific, and historic features con-
tributing to public enjoyment; 
(3) such utilization of natural resources as in the judgment of 
the Secretary of the Interior is consistent with, and does not sig-
nificantly impair, public recreation and protection of scenic, scien-
tific, and historic features contributing to public enjoyment. 
SEC. 6. The Secretary of the Interior shall permit hunting and fish-
ing on lands and waters under his jurisdiction within the area in 
accordance with the applicable laws and regulations of the States con-
cerned and of the United States. The Secretary of the Interior may 
designate zones where, and establish periods when, no hunting shall be 
permitted for reasons of public safety, wildlife management, admin-
istration, or public use and enjoyment not compatible with hunting, 
and may, in his plan for the area, provide areas for intensive fish and 
wildlife management, including public hunting and fishing, and shall 
issue appropriate regulations after consultation with appropriate 
officials of the States concerned. 
The Secretary of the Interior shall 
encourage such officials to adopt uniform regulations applicable to the 
whole of the Delaware Water Gap National Recreation Area. 
SEC. 7. Nothing in this Act shall be construed to deprive any State 
or political subdivision thereof, of its right to exercise civil and crim-
inal jurisdiction over the lands and waters within the area or of its 
right to tax persons, corporations, franchises, or property on the lands 
and waters included in the area. 
SEC. 8. There are hereby authorized to be appropriated to the Secre-
tary of the Interior for the acquisition of lands and interests in land 
pureuant to the provisions of section 2 of this Act and for expenses 
incident thereto not more than $37,412,000 which moneys shall be 
transferred to the Secretary of the Army. 
There are also authorized 
to be appropriated not more than $18,200,000 for the cost of installing 
and constructing recreation facilities on the lands and interests in 
lands so acquired. 
The amounts herein authorized to be appropriated 
are supplemental to those authorized to be appropriated for the Tocks 
Island project and related facilities by the Flood Control Act of 1962 
(76 Stat. 1182). 
Approved September 1, 1965. 
Public Law 89-159 
September 1, 1965 
J O I N T RESOLUTION 
[H. J. Res. 639] 
Making continuing appropriations for tlie fiscal year 1966, and for other purposes. 
Continuing ap-
propriations, 1966. 
Ante, p. 285. 
Resolved by the Senate and H(mse of Representatives 
of the United 
States of America in Congress assembled^ That the joint resolution of 
July 30, 1965 (Public Law 89-96), is hereby amended by striking out 
''August 31, 1965" and inserting in lieu 
Approved September 1, 1965. 
thereof "September 30, 1965'-.