[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1849 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1849

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 SENATE OF THE UNITED STATES

                            November 3, 1999

  Mr. Biden (for himself and Mr. Roth) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural 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.--
                The Secretary shall offer assistance to the State of 
                Delaware and New Castle County, Delaware, if an area 
                described in clause (i) is designated 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>