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





                                                       Calendar No. 496

106th CONGRESS

  2d Session

                                S. 1849

                          [Report No. 106-266]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             April 12, 2000

                       Reported with an amendment





                                                       Calendar No. 496
106th CONGRESS
  2d Session
                                S. 1849

                          [Report No. 106-266]

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

                             April 12, 2000

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``White Clay Creek Wild and 
Scenic Rivers System Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) expressed support for the White Clay 
                Creek Watershed Management Plan;</DELETED>
                <DELETED>    (B) expressed agreement to take action to 
                implement the goals of the Plan; and</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DESIGNATION OF WHITE CLAY CREEK.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(161) White Clay Creek, Delaware and Pennsylvania.--
</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(ix) 1.3 miles of Middle Run outside the 
                boundaries of the Middle Run Natural Area, as a 
                recreational river.</DELETED>
                <DELETED>    ``(x) 5.2 miles of Middle Run that flow 
                within the boundaries of the Middle Run Natural Area, 
                as a scenic river.</DELETED>
                <DELETED>    ``(xi) 15.6 miles of Pike Creek, as a 
                recreational river.</DELETED>
                <DELETED>    ``(xii) 38.7 miles of Mill Creek, as a 
                recreational river.</DELETED>
        <DELETED>    ``(B) Boundaries.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(I) the 500-year floodplain; 
                        or</DELETED>
                        <DELETED>    ``(II) 250 feet as measured from 
                        the ordinary high water mark on both sides of 
                        the segment.</DELETED>
                <DELETED>    ``(ii) Exceptions.--The boundary 
                limitations described in clause (i) are inapplicable 
                to--</DELETED>
                        <DELETED>    ``(I) the areas described in 
                        subparagraph (D)(i); and</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(aa) the City of Newark, 
                                Delaware;</DELETED>
                                <DELETED>    ``(bb) the corporation 
                                known as United Water Delaware; 
                                and</DELETED>
                                <DELETED>    ``(cc) the Borough of West 
                                Grove, Pennsylvania.</DELETED>
        <DELETED>    ``(C) Administration.--</DELETED>
                <DELETED>    ``(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').</DELETED>
                <DELETED>    ``(ii) Requirement for comprehensive 
                management plan.--The Management Plan shall be 
                considered to satisfy the requirements for a 
                comprehensive management plan under subsection 
                (d).</DELETED>
        <DELETED>    ``(D) Churchman's marsh, lamborn run, and other 
        properties.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(E) Management.--</DELETED>
                <DELETED>    ``(i) In general.--The segments designated 
                by subparagraph (A) shall be managed in accordance with 
                the Management Plan.</DELETED>
                <DELETED>    ``(ii) Federal role.--</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(iii) Cooperative agreements.--Any 
                cooperative agreement entered into under section 10(e) 
                relating to any of the segments designated by 
                subparagraph (A)--</DELETED>
                        <DELETED>    ``(I) shall be consistent with the 
                        Management Plan; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(I) be considered a part of the 
                        National Park System;</DELETED>
                        <DELETED>    ``(II) be managed by the National 
                        Park Service; or</DELETED>
                        <DELETED>    ``(III) be subject to laws 
                        (including regulations) that govern the 
                        National Park System.</DELETED>
                <DELETED>    ``(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.''.</DELETED>

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), 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 section 4(a) 
                        of the White Clay Creek Wild and Scenic Rivers 
                        Act; 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, 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.''.

SEC. 4. SUBSEQUENT DESIGNATIONS.

    (a) In General.--Churchman's Marsh, Lamborn Run, and the properties 
on which the intake structures and pipelines for the proposed 
Thompson's Station Reservoir may 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.
    (b) Assistance for Subsequent Designations.--The Secretary of the 
Interior (hereinafter referred to as the ``Secretary'') shall offer 
assistance to the State of Delaware and New Castle County, Delaware, if 
an area described in subsection (a) is designated a component of the 
National Wild and Scenic Rivers System.

SEC. 5. MANAGEMENT.

    (a) In General.--In order to provide for the long-term protection, 
preservation, and enhancement of White Clay Creek and its tributaries, 
the Secretary shall offer to enter into cooperative agreements pursuant 
to section 10(e) and section 11(b)(1) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1281(e) and 16 U.S.C. 1282(b)(1)) with the White Clay Creek 
Watershed Management Committee as provided for in the plan entitled 
``White Clay Creek and its Tributaries Watershed Management Plan'' and 
dated May, 1998 (hereinafter referred to as the ``management plan'').
    (b) Federal Role.--(1) 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 the Wild and Scenic Rivers Act (16 U.S.C. 
1278(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).
    (2) To assist in the implementation of the management plan and to 
carry out this Act, 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.
    (c) Cooperative Agreements.--Any cooperative agreement entered into 
under section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 
1281(e)) relating to any of the segments designed by section 3--
            (1) shall be consistent with the management plan; and
            (2) may include provisions for financial or other 
        assistance from the United States to facilitate the long-term 
        protection, conservation, and enhancement of the segments.
    (d) Comprehensive Management Plan.--The management plan shall be 
deemed to satisfy the requirements for a comprehensive management plan 
under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 
1274(d)).
    (e) State Requirements.--State and local zoning laws and 
ordinances, as in effect on the date of enactment of this Act, shall be 
considered to satisfy the standards and requirements under section 6(c) 
of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
    (f) National Park System.--Notwithstanding section 10(c) of the 
Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a 
segment designated by section 3 that is not in the National Park System 
as of the date of enactment of this Act shall not--
            (1) be considered a part of the National Park System;
            (2) be managed by the National Park Service; or
            (3) be subject to laws (including regulations) that govern 
        the National Park System.
    (g) 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 Act.