White Clay Creek Wild and Scenic Rivers System Act
PL 106-357 (S.1849), enacted 10/24/2000

PUBLIC LAW 106-357—OCT. 24, 2000 
114 STAT. 1393 
Public Law 106-357 
106th Congress 
An Act 
To designate segments and tributaries of White Clay Creek, Delaware and Pennsyl- 
Oct. 24, 2000 
vania, as a component of the National Wild and Scenic Rivers System. 
[S. 1849] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
White Clay Creek 
Wild and Scenic 
SECTION 1. SHORT TITLE. 
Rivers System 
Act. 
This Act may be cited as the "White Clay Creek Wild and 
16 USC 1271 
Scenic Rivers System Act". 
note. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) Public Law 102-215 (105 Stat. 1664) directed the Sec-
retary of the Interior, in cooperation and consultation with 
appropriate State and local governments and affected land-
owners, to conduct a study of the eligibility and suitability 
of White Clay Creek, Delaware and Pennsylvania, and the 
tributaries 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 entitled 'White Clay Creek and Its 
Tributaries Watershed Management Plan", dated May 1998, 
that establishes goals and actions to ensure the long-term 
protection of the outstanding values of, and compatible manage-
ment of land and water resources associated with, the water-
shed; and 
(3) after completion of the study described in paragraph 
(1), Chester County, Pennsylvania, New Castle County, Dela-
ware, Newark, Delaware, and 12 Pennsylvania municipalities 
located within the watershed boundaries passed resolutions 
that— 
(A) expressed support for the White Clay Creek Water-
shed 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 Rivers 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 following: 
114 STAT. 1394 
PUBLIG LAW 106-357—OCT. 24, 2000 
"(162) WHITE CLAY CREEK, DELAWARE AND PENNSYLVANL!^— 
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 Pennsyl-
vania, as depicted on the recommended designation and classifica-
tion maps (dated June 2000), to be administered by the Secretary 
of the Interior, as follows: 
"(A) 30.8 miles of the east branch, including Trout Run, 
beginning at the headwaters within West Marlborough town-
ship downstream to a point that is 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 Preserve, Pennsylvania, 
beginning at the northern boundary 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 head-
waters 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 rec-
reational river. 
"(F) 2.1 miles of the middle branch that flow within the 
boundaries of the White Clay Creek Preserve in London Britain 
township, as a scenic river. 
"(G) 17.2 miles of the west branch, beginning at the head-
waters within Penn township downstream to the confluence 
with the middle branch, as a recreational river. 
"(H) 12.7 miles of the main stem, excluding Lambom 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, 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. 
"(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 
PUBLIC LAW 106-357—OCT. 24, 2000 
114 STAT. 1395 
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 boundaries of 
the Middle Run Natural Area, as a recreational river. 
"(M) 5.2 miles of Middle Run that flow within the bound-
aries 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. 
16 USC 1274 
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 as measured from the ordinary 
high water mark on both sides of the segment. 
SEC. 5. ADMINISTRATION. 
16 USC 1274 
(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 "Sec-
retary"), 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 Watershed Management Plan" and dated May 1998 
(referred to in this Act as the "Management Plan"). 
(b) REQUIREMENT FOR COMPREHENSIVE MANAGEMENT PLAN.— 
The Management Plan shall be considered to satisfy the require-
ments 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 seg-
ments designated by the amendment made by section 3, the Sec-
retary 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)) with the White Clay Creek Water-
shed Management Committee as provided for in the Management 
Plan. 
SEC. 6. FEDERAL ROLE IN MANAGEMENT. 
16 USC 1274 
(a) IN GENERAL.—^The Director of the National Park Service 
(or a designee) shall represent the Secretary in the implementation 
of the Management Plan, this Act, and the Wild and Scenic Rivers 
Act with respect to each of the segments designated by the amend-
ment made by section 3, including the review, required under 
section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)), 
of proposed federally-assisted water resources projects that could 
have a direct and adverse effect on the values for which the segment 
is designated. 
(b) ASSISTANCE.—To assist in the implementation of the 
Management Plan, this Act, and the Wild and Scenic Rivers Act 
with respect to each of the segments designated by the amendment 
made by section 3, the Secretary 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. 
114 STAT. 1396 
PUBLIC LAW 106-357—OCT. 24, 2000 
(c) COOPERATIVE AGREEMENTS.—^Any cooperative agreement 
entered into under section 10(e) of the Wild and Scenic Rivers 
Act (16 U.S.C. 1281(e)) relating to any of the segments designated 
by the amendment made by section 3— 
(1) shall be consistent with the Management Plan; and 
(2) may include provisions for financial or other assistance 
from the United States to facilitate the long-term protection, 
conservation, and enhancement of the segments. 
(d) NATIONAL PARK SYSTEM.—^Notwithstanding section 10(c) of 
the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion 
of a segment designated by the amendment made by section 3 
that is not in the National Park System as of the date of the 
enactment of this Act shall not, under this Act— 
(1) be considered a part of the National Park System; 
(2) be managed by the National Park Service; or 
(3) be subject to laws (including regulations) that govern 
the National Park System. 
16 u s e 1274 
SEC. 7. STATE REQUIREMENTS. 
State and local zoning laws and ordinances, as in effect on 
the date of the enactment of this Act, shall be considered to satisfy 
the standards and requirements under section 6(c) of the Wild 
and Scenic Rivers Act (16 U.S.C. 1277(c)) with respect to the seg-
ment designated by the amendment made by section 3. 
16 u s e 1274 
SEC. 8. NO LAND ACQUISITION. 
The Federal Government shall not acquire, by any means, 
any right or title in or to land, any easement, or any other interest 
along the segments designated by the amendment made by section 
3 for the purpose of carrying out the amendment or this Act. 
Approved October 24, 2000. 
L E G I S L A T I V E H I S T O R Y — S . 1849 (H.R. 3520): 
HOUSE REPORTS: No. 106-813 accompanying H.R. 3520 (eomm. on Resources). 
SENATE REPORTS: No. 106-266 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Apr. 13, considered and passed Senate. 
Sept. 18, considered and passed House, amended. 
Oct. 5, Senate concurred in House amendment.