[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.
                                 <all>