II Calendar No. 311 109th CONGRESS 1st Session S. 1096 [Report No. 109–193] IN THE SENATE OF THE UNITED STATES May 23, 2005 Mr. Corzine (for himself and Mr. Lautenberg) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources December 8, 2005 Reported under authority of the order of the Senate of November 18, 2005, by Mr. Domenici, without amendment 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 that— (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, with assistance from the National Park Service, has prepared a river management plan for the study area entitled Musconetcong River Management Plan and dated April 2002 that establishes goals and actions to ensure long-term protection of the outstanding values of the river and compatible management of land and water resources associated with the Musconetcong River; and (3)13 municipalities and 3 counties along segments of the Musconetcong River that are eligible for designation have passed resolutions in which the municipalities and counties— (A)express support for the Musconetcong River Management Plan; (B)agree to take action to implement the goals of the management plan; and (C)endorse designation of the Musconetcong River as a component of the Wild and Scenic Rivers System.

3.

Definitions

In this Act: (1)

Additional river segment

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

Management plan

The term management plan means the river management plan prepared by the Musconetcong River Management Committee, the National Park Service, the Heritage Conservancy, and the Musconetcong Watershed Association entitled Musconetcong River Management Plan and dated April 2002 that establishes goals and actions to— (A)ensure long-term protection of the outstanding values of the river segments; and (B)compatible management of land and water resources associated with the river segments. (3)

River segment

The term river segment means any segment of the Musconetcong River, New Jersey, designated as a scenic river or recreational river by section 3(a)(167) of the Wild and Scenic Rivers Act (as added by section 4). (4)

Secretary

The term Secretary means the Secretary of the Interior.

4.

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

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: (167)

Musconetcong River, New Jersey

(A)

Designation

The 24.2 miles of river segments in New Jersey, consisting of— (i)the approximately 3.5-mile segment from Saxton Falls to the Route 46 bridge, to be administered by the Secretary of the Interior as a scenic river; and (ii)the approximately 20.7-mile segment from the Kings Highway bridge to the railroad tunnels at Musconetcong Gorge, to be administered by the Secretary of the Interior as a recreational river. (B)

Administration

Notwithstanding section 10(c), the river segments designated under subparagraph (A) shall not be administered as part of the National Park System. .

5.

Management

(a)

Management plan

(1)

In general

The Secretary shall manage the river segments in accordance with the management plan. (2)

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 section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (3)

Restrictions on water resource projects

For purposes of determining 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 under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)), the Secretary shall consider the extent to which the proposed water resources project is consistent with the management plan. (4)

Implementation

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

Cooperation

(1)

In general

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. (2)

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 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. (c)

Land management

(1)

In general

The Secretary may provide planning, financial, and technical assistance to local municipalities and nonprofit 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)). (d)

Designation of additional river segment

(1)

Finding

Congress finds that the additional river segment is suitable for designation as a recreational river if the Secretary determines that there is adequate local support for the designation of the additional river segment in accordance with paragraph (3). (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 notice of the designation of the segment; (B)the segment shall 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 the preferences of local governments expressed in resolutions concerning designation of the additional river segment. (e)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act and the amendments made by this Act.

December 8, 2005 Reported without amendment