[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1296 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1296

   To designate portions of the lower Delaware River and associated 
   tributaries as a component of the National Wild and Scenic Rivers 
                                System.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 1999

Mr. Daschle (for Mr. Lautenberg) (for himself, Mr. Torricelli, and Mr. 
   Santorum) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To designate portions of the lower 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.

    Congress finds that--
            (1) Public Law 102-460 directed the Secretary of the 
        Interior, in cooperation and consultation with appropriate 
        Federal, State, regional, and local agencies, to conduct a 
        study of the eligibility and suitability of the lower Delaware 
        River for inclusion in the Wild and Scenic Rivers System;
            (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'' and dated August 1997, which 
        establishes goals and actions that will ensure long-term 
        protection of the river's outstanding values and compatible 
        management of land and water resources associated with the 
        river; and
            (3) after completion of the study, 24 municipalities along 
        segments of the Delaware River eligible for designation passed 
        resolutions supporting the Lower Delaware River Management 
        Plan, agreeing to take action to implement the goals of the 
        plan, and endorsing designation of the river.

SEC. 3. DESIGNATION.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended--
            (1) by designating the first undesignated paragraph 
        following paragraph 156, pertaining to Elkhorn Creek and 
        enacted by Public Law 104-208, as paragraph 157;
            (2) by designating the second undesignated paragraph 
        following paragraph 156, pertaining to the Clarion River, 
        Pennsylvania, and enacted by Public Law 104-314, as paragraph 
        158;
            (3) by designating the third undesignated paragraph 
        following paragraph 156, pertaining to the Lamphrey River, New 
        Hampshire, and enacted by Public Law 104-333, as paragraph 159;
            (4) by striking the fourth undesignated paragraph following 
        paragraph 156, pertaining to Elkhorn Creek and enacted by 
        Public Law 104-333; and
            (5) by adding at the end the following:
            ``(160) Lower delaware river and associated tributaries, 
        new jersey and pennsylvania.--
                    ``(A) Segments.--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 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), 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; and
                            ``(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) Administration.--The segments shall be 
                administered by the Secretary of the Interior as a 
                component of the National Park System.
                    ``(C) Management of segments.--The segments shall 
                be managed--
                            ``(i) in accordance with the river 
                        management plan entitled `Lower Delaware River 
                        Management Plan' and dated August 1997, 
                        (referred to in this paragraph as the 
                        `management plan'), prepared by the Lower 
                        Delaware Wild and Scenic River Study Task Force 
                        and the National Park Service, which 
                        establishes goals and actions that will ensure 
                        long-term protection of the river's outstanding 
                        values and compatible management of land and 
                        water resources associated with the river; and
                            ``(ii) in cooperation with appropriate 
                        Federal, State, regional, and local agencies, 
                        including--
                                    ``(I) the New Jersey Department of 
                                Environmental Protection;
                                    ``(II) the Pennsylvania Department 
                                of Conservation and Natural Resources;
                                    ``(III) the Delaware and Lehigh 
                                Navigation Canal Heritage Corridor 
                                Commission;
                                    ``(IV) the Delaware and Raritan 
                                Canal Commission; and
                                    ``(V) the Delaware River Greenway 
                                Partnership.
                    ``(D) Satisfaction of requirements for plan.--The 
                management plan shall be considered to satisfy the 
                requirements for a comprehensive management plan under 
                subsection (d).
                    ``(E) Federal role.--
                            ``(i) Restrictions on water resource 
                        projects.--In determining under section 7(a) 
                        whether a proposed water resources project 
                        would have a direct and adverse effect on the 
                        value for which a segment is designated as part 
                        of the national wild and scenic rivers system, 
                        the Secretary shall consider the extent to 
                        which the project is consistent with the 
                        management plan.
                            ``(ii) Cooperative agreements.--Any 
                        cooperative agreements entered into under 
                        section 10(e) relating to any of the segments 
                        shall--
                                    ``(I) 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.
                            ``(iii) Support for implementation.--The 
                        Secretary may provide technical assistance, 
                        staff support, and funding to assist in the 
                        implementation of the management plan.
                    ``(F) Land management.--
                            ``(i) In general.--The Secretary may 
                        provide planning, financial, and technical 
                        assistance to local municipalities to assist in 
                        the implementation of actions to protect the 
                        natural, economic, and historic resources of 
                        the segments.
                            ``(ii) Plan requirements.--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).
                    ``(G) Additional segments.--
                            ``(i) In general.--In this subparagraph, 
                        the term `additional segment' means--
                                    ``(I) 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), which, if made part 
                                of the national wild and scenic river 
                                system in accordance with this 
                                subparagraph, shall be administered by 
                                the Secretary as a recreational river;
                                    ``(II) the segment from the Erie 
                                Lackawanna railroad bridge to the 
                                southern tip of Dildine Island 
                                (approximately 3.6 miles, 5.8 
                                kilometers), which, if made part of the 
                                national wild and scenic river system 
                                in accordance with this subparagraph, 
                                shall be administered by the Secretary 
                                as a recreational river;
                                    ``(III) 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), which, if made 
                                part of the national wild and scenic 
                                river system in accordance with this 
                                subparagraph, shall be administered by 
                                the Secretary as a recreational river;
                                    ``(IV) 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), which, if made part of the 
                                national wild and scenic river system 
                                in accordance with this subparagraph, 
                                shall be administered by the Secretary 
                                as a recreational river;
                                    ``(V) Paulinskill River in Knowlton 
                                Township (approximately 2.4 miles, 3.8 
                                kilometers), which, if made part of the 
                                national wild and scenic river system 
                                in accordance with this subparagraph, 
                                shall be administered by the Secretary 
                                as a recreational river; and
                                    ``(VI) Cook's Creek (approximately 
                                3.5 miles, 5.6 kilometers), which, if 
                                made part of the national wild and 
                                scenic river system in accordance with 
                                this subparagraph, shall be 
                                administered by the Secretary as a 
                                scenic river.
                            ``(ii) Finding.--Congress finds that each 
                        of the additional segments is suitable for 
                        designation as a recreational river or scenic 
                        river under this paragraph, if there is 
                        adequate local support for the designation.
                            ``(iii) Designation.--If the Secretary 
                        finds that there is adequate local support for 
                        designating any of the additional segments as a 
                        recreational river or scenic river--
                                    ``(I) the Secretary shall publish 
                                in the Federal Register a notice of the 
                                designation of the segment; and
                                    ``(II) the segment shall thereby be 
                                designated as a recreational river or 
                                scenic river, as the case may be, under 
                                this Act.
                            ``(iv) Criteria for local support.--In 
                        determining whether there is adequate local 
                        support for the designation of an additional 
                        segment, the Secretary shall consider, among 
                        other things, the preferences of local 
                        governments expressed in resolutions concerning 
                        designation of the segment.
                    ``(H) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as are 
                necessary to carry out this paragraph.''.
                                 <all>