109 HR 1307 RH: Musconetcong Wild and Scenic Rivers Act U.S. House of Representatives 2006-04-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 235 109th CONGRESS 2d Session H. R. 1307 [Report No. 109–427] IN THE HOUSE OF REPRESENTATIVES March 15, 2005 Mr. Garrett of New Jersey (for himself, Mr. Frelinghuysen, and Mr. Ferguson) introduced the following bill; which was referred to the Committee on Resources April 25, 2006 Additional sponsors: Mr. Andrews, Mr. Saxton, Mr. Menendez, Mr. Payne, Mr. Pallone, Mr. Rothman, Mr. Smith of New Jersey, Mr. Holt, Mr. LoBiondo, and Mr. Pascrell April 25, 2006 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend the Wild and Scenic Rivers Act to designate portions of the Musconetcong River in the State of New Jersey as a component of the National Wild and Scenic Rivers System, and for other purposes.

1.

Short title

This Act may be cited as the Musconetcong Wild and Scenic Rivers Act.

2.

Findings

Congress finds the following: (1)The Secretary of the Interior, in cooperation and consultation with appropriate Federal, State, regional, and local agencies, is conducting a study of the eligibility and suitability of the Musconetcong River in the State of New Jersey for inclusion in the Wild and Scenic Rivers System. (2)The Musconetcong Wild and Scenic River Study Task Force has prepared, with assistance from the National Park Service, a river management plan for the study area entitled Musconetcong River Management Plan and dated April 2002, which establishes goals and actions that will ensure long-term protection of the outstanding values of the river and compatible management of land and water resources associated with the river. (3)Thirteen municipalities and three counties along segments of the Musconetcong River eligible for designation have passed resolutions supporting the Musconetcong River Management Plan, agreeing to take action to implement the goals of the plan, and endorsing designation of the river.

3.

Designation of portions of Musconetcong River, New Jersey, as scenic and recreational rivers

(a)

Designation

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 new paragraph: (167)

Musconetcong River, New Jersey

(A)The 24.2 miles of river segments in New Jersey, to be administered by the Secretary of the Interior, consisting of— (i)the segment from Saxton Falls to the Route 46 bridge (approximately 3.5 miles), as a scenic river; and (ii)the segment from the Kings Highway bridge to the railroad tunnels at Musconetcong Gorge (approximately 20.7 miles), as a recreational river. (B)Notwithstanding section 10(c), the river segments referred to in subparagraph (A) shall not be administered as part of the National Park System.. (b)

Management of segments

(1)

Compliance with management plan

The Secretary of the Interior shall manage the segments of the Musconetcong River, New Jersey, designated as a scenic river or recreational river by the amendment made by subsection (a) in accordance with the river management plan entitled Musconetcong River Management Plan and dated April 2002, prepared by the Musconetcong River Management Committee, the National Park Service, the Heritage Conservancy, and the Musconetcong Watershed Association, which establishes goals and actions that will ensure long-term protection of the outstanding values of the river segments and compatible management of land and water resources associated with the river segments. (2)

Cooperation

The Secretary shall manage the river segments in cooperation with appropriate Federal, State, regional, and local agencies, including— (A)the Musconetcong River Management Committee; (B)the Musconetcong Watershed Association; (C)the Heritage Conservancy; (D)the National Park Service; and (E)the New Jersey Department of Environmental Protection. (c)

Satisfaction of requirements for plan

The management plan shall be considered to satisfy the requirements for a comprehensive management plan for the river segments under subsection 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (d)

Federal role

(1)

Restrictions on water resource projects

In determining under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)) whether a proposed water resources project would have a direct and adverse effect on the values for which a river segment is designated as part of the Wild and Scenic Rivers System, the Secretary shall consider the extent to which the project is consistent with the management plan. (2)

Cooperative agreements

Any cooperative agreements entered into under section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)) relating to a river segment— (A)shall be consistent with the management plan; and (B)may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the river segment. (3)

Support for implementation

The Secretary may provide technical assistance, staff support, and funding to assist in the implementation of the management plan. (e)

Land management

(1)

In general

The Secretary may provide planning, financial, and technical assistance to local municipalities and non-profit organizations to assist in the implementation of actions to protect the natural and historic resources of the river segments. (2)

Plan requirements

After adoption of recommendations made in section IV 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) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (f)

Designation of additional river segment

(1)

Finding

Congress finds that the Musconetcong River segment C, as described in the management plan, is suitable for designation as a recreational river pursuant to this subsection if the Secretary determines that there is adequate local support for the designation. (2)

Designation and administration

If the Secretary determines that there is adequate local support for designating the additional river segment as a recreational river— (A)the Secretary shall publish in the Federal Register a notice of the designation of the segment; (B)the segment shall thereby be designated as a recreational river in accordance with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and (C)the Secretary shall administer the additional river segment as a recreational river. (3)

Criteria for local support

In determining whether there is adequate local support for the designation of the additional river segment, the Secretary shall consider, among other things, the preferences of local governments expressed in resolutions concerning designation of the segment. (g)

Authorization of appropriations

There are authorized to be appropriated such funds as are necessary to carry out this section, including the amendment to the Wild and Scenic Rivers Act made by this section. (h)

Definitions

In this section: (1)

Additional river segment

The term additional river segment means Musconetcong River segment C, as described in the management plan, from Hughesville Mill to the Delaware River Confluence (approximately 4.3 miles). (2)

Management plan

The term management plan means the river management plan entitled Musconetcong River Management Plan and dated April 2002. (3)

River segments

The term river segments means the segments of the Musconetcong River, New Jersey, designated as a scenic river or recreational river by the amendment made by subsection (a) in accordance with the management plan. (4)

Secretary

The term Secretary means the Secretary of the Interior.

April 25, 2006 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed