[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3520 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 3520
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
_______________________________________________________________________
A BILL
To designate segments and tributaries of White Clay Creek, Delaware and
Pennsylvania, 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 ``White Clay Creek Wild and Scenic
Rivers System Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Public Law 102-215 (105 Stat. 1664) directed 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 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 Study 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 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 Pennsylvania municipalities located
within the watershed 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 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:
``(161) White Clay Creek, Delaware and Pennsylvania.--
``(A) Segments.--The 191 miles of river segments of White
Clay Creek (including tributaries of the Creek and all second
order tributaries of the designated segments) in the States of
Delaware and Pennsylvania (referred to in this paragraph as the
`Creek'), as depicted on the recommended designation and
classification maps, as follows:
``(i) 30.8 miles of the east branch, including
Trout Run, beginning at the headwaters within West
Marlborough township downstream to a point that is 500
feet north of the Borough of Avondale wastewater
treatment facility, as a recreational river.
``(ii) 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.
``(iii) 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.
``(iv) 20.9 miles of the middle branch, beginning
at the headwaters within Londonderry township
downstream to the boundary of the White Clay Creek
Preserve in London Britain township, as a recreational
river.
``(v) 2.1 miles of the west branch that flow within
the boundaries of the White Clay Creek Preserve in
London Britain township, as a scenic river.
``(vi) 17.2 miles of the west branch, beginning at
the headwaters within Penn township downstream to the
confluence with the middle branch, as a recreational
river.
``(vii) 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, Delaware, beginning at
the confluence of the east and middle branches in
London Britain township, Pennsylvania, downstream to
the northern boundary line of the city of Newark,
Delaware, as a scenic river.
``(viii) 27.5 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 confluence of the White
Clay Creek with the Christina River, as a recreational
river.
``(ix) 1.3 miles of Middle Run outside the
boundaries of the Middle Run Natural Area, as a
recreational river.
``(x) 5.2 miles of Middle Run that flow within the
boundaries of the Middle Run Natural Area, as a scenic
river.
``(xi) 15.6 miles of Pike Creek, as a recreational
river.
``(xii) 38.7 miles of Mill Creek, as a recreational
river.
``(B) Boundaries.--
``(i) In general.--Except as provided in clause
(ii), action required to be taken under subsection (b)
shall be taken not later than 1 year after the date of
enactment of this paragraph, except that, with respect
to the segments designated by subparagraph (A), in lieu
of the boundaries provided for in subsection (b), the
boundaries of the segments shall be the greater of--
``(I) the 500-year floodplain; or
``(II) 250 feet as measured from the
ordinary high water mark on both sides of the
segment.
``(ii) Exceptions.--The boundary limitations
described in clause (i) are inapplicable to--
``(I) the areas described in subparagraph
(D)(i); and
``(II) the properties, as generally
depicted on the map entitled ``White Clay Creek
Wild and Scenic River Study Area Recommended
Designated Area'', dated June 1999, on which
are located the surface water intakes and water
treatment and wastewater treatment facilities
of--
``(aa) the City of Newark,
Delaware;
``(bb) the corporation known as
United Water Delaware; and
``(cc) the Borough of West Grove,
Pennsylvania.
``(C) Administration.--
``(i) In general.--The segments designated by
subparagraph (A) shall be administered by the Secretary
of the Interior (referred to in this paragraph 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 and Its Tributaries Watershed
Management Plan'' and dated May 1998 (referred to in
this paragraph as the `Management Plan').
``(ii) Requirement for comprehensive management
plan.--The Management Plan shall be considered to
satisfy the requirements for a comprehensive management
plan under subsection (d).
``(D) Churchman's marsh, lamborn run, and other
properties.--
``(i) In general.--Churchman's Marsh, Lamborn Run,
and the properties on which the intake structures and
pipelines for the proposed Thompson's Station Reservoir
shall be located shall be considered suitable for
designation as components of the National Wild and
Scenic Rivers System only at such time as those areas
are removed from consideration as locations for the
reservoir under the comprehensive plan of the Delaware
River Basin Commission.
``(ii) Subsequent designations.--Nothing in this
paragraph prohibits the designation of an area
described in clause (i) as a component of the National
Wild and Scenic Rivers System if, on a date after the
date of enactment of this paragraph, the additional
segment is determined to be suitable for such
designation.
``(iii) Assistance for subsequent designations.--If
an area described in clause (i) is subsequently
determined to be suitable for designation as a
component of the National Wild and Scenic Rivers
System, the Secretary shall offer to assist the State
of Delaware and New Castle County, Delaware, in
securing the designation of the area as a component of
the National Wild and Scenic Rivers System.
``(E) Management.--
``(i) In general.--The segments designated by
subparagraph (A) shall be managed in accordance with
the Management Plan.
``(ii) Federal role.--
``(I) In general.--The Director of the
National Park Service (or a designee) shall
represent the Secretary in the implementation
of the Management Plan and this paragraph
(including the review, required under section
7(a), of proposed federally-assisted water
resources projects that could have a direct and
adverse effect on the values for which the
segments were designated and authorized).
``(II) Assistance.--To assist in the
implementation of the Management Plan and to
carry out this paragraph, 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.
``(iii) Cooperative agreements.--Any cooperative
agreement entered into under section 10(e) relating to
any of the segments designated by subparagraph (A)--
``(I) shall be consistent with the
Management Plan; and
``(II) may include provisions for financial
or other assistance from the United States to
facilitate the long-term protection,
conservation, and enhancement of the segments.
``(iv) State requirements.--State and local zoning
laws and ordinances, as in effect on the date of
enactment of this paragraph, shall be considered to
satisfy the standards and requirements under section
6(c).
``(v) National park system.--Notwithstanding
section 10(c), any portion of a segment designated by
subparagraph (A) that is not in the National Park
System as of the date of enactment of this paragraph
shall not, under this paragraph--
``(I) be considered a part of the National
Park System;
``(II) be managed by the National Park
Service; or
``(III) be subject to laws (including
regulations) that govern the National Park
System.
``(vi) 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 for the
purpose of carrying out this paragraph.''.
<all>