[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>