[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.''.
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