[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2317 Introduced in House (IH)]
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 Representatives 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 cooperation and consultation
with appropriate Federal, State, regional, and local agencies,
including, but not limited to, the Pennsylvania Department of
Conservation and Natural Resources, the New Jersey Department
of Environmental Protection, the Delaware and Lehigh Navigation
Canal National Heritage 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 National 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 resources. 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
appropriate to implement the goals of the plan, and endorsing
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 connecting Columbia, New Jersey,
and Portland, Pennsylvania (approximately 9.2 miles,
14.8 kilometers)--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)--Recreational.
(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 kilometers)--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 kilometers)--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 Crossing, 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 (approximately 3.5
miles, 5.6 kilometers)--Scenic.
(L) Segment l.--Tinicum Creek (approximately 15.9
miles, 25.6 kilometers)--Scenic.
(M) Segment m.--Tohickon Creek (approximately 25.6
miles, 41.2 kilometers)--Scenic.
(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 following new paragraphs:
``( ) Lower delaware river and associated tributaries, new
jersey and pennsylvania.--
``(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 recreational
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 recreational
river.
``(iii) The segment from a 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 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 Secretary of the
Interior as a recreational river.
``(v) The segment from the southern
boundary of the town of New Hope, Pennsylvania,
to the town of Washington Crossing,
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 administered 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 kilometers), to
be administered by the Secretary 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 Secretary of the Interior
as components of the National Park System in
cooperation with appropriate Federal, State, regional,
and local agencies, including the New Jersey Department
of Environmental Protection, the Pennsylvania
Department of Conservation and Natural Resources, the
Delaware and Lehigh Navigation Canal Heritage Corridor
Commission, the Delaware and Raritan Canal Commission,
and the Delaware River Greenway Partnership. The
segments shall be managed in accordance with the plan
entitled `Lower Delaware River Management 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 Interior acting through
the Director of the National Park Service, shall carry out the Lower
Delaware River Management 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 values
for which the segments are designated were included in the National
Wild and Scenic Rivers System, the Secretary, acting through the
Director, shall specifically consider 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
Pennsylvania and other organizations as appropriate. Such cooperative
agreements shall be consistent with the Lower Delaware River Management
Plan and may include provisions 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 Interior, acting through
the Director of the National Park Service, may provide planning,
financial, and technical assistance 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 recommendations 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
Secretary 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 applicable 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 Interior, 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 designating those segments of the Delaware River and
its tributaries which were found eligible for designation pursuant 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
System, 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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