[Congressional Record Volume 145, Number 93 (Monday, June 28, 1999)]
[Senate]
[Pages S7723-S7725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DASCHLE (for Mr. Lautenberg (for himself, Mr. Torricelli,
and Mr. Santorum)):
S. 1296. A bill to designate portions of the lower Delaware River and
associated tributaries as a component of the National Wild and Scenic
Rivers System; to the Committee on Energy and Natural Resources.
lower delaware wild and scenic rivers act
Mr. LAUTENBERG. Mr. President, today I am introducing
legislation to designate the Lower Delaware River as a National Wild
and Scenic River. I am pleased to be joined by Senators Torricelli and
Santorum in sponsoring this legislation.
Under the Wild and Scenic Rivers Act, designation as a Wild and
Scenic River is reserved for free flowing rivers with at least one
``outstandingly remarkable'' resource value such as exceptional
scenery, recreational opportunities, fisheries and wildlife, historic
site, or cultural resources. Mr. President, the Lower Delaware River
has several ``outstandingly remarkable'' resources of national
significance and will make a fine addition to the National Wild and
Scenic River System.
Henry Hudson called the Delaware River ``one of the best, finest, and
pleasantest rivers of the world.'' The river begins in the Catskill
Mountains and flows south some 300 miles through forested mountains,
farmlands, historic towns, suburban and urban communities, industrial
complexes and extensive wetlands as it nears the Atlantic Ocean.
Although it is one of the largest rivers in the densely populated
Northeast, the river retains much of its natural beauty. Woodlands
still cover many of the river's islands, the coast's steeply sloping
hills and cliffs, and much of its floodplain along both sides of the
river. Threatened and endangered species, such as bald eagles and
peregrine falcons, are found in forests within the river's watershed
and rare fish species like striped bass, shortnose sturgeon and
Atlantic sturgeon are found in its waters.
The Lower Delaware is the natural boundary between New Jersey and
Pennsylvania and this magnificent part of the river flows through
rolling hills, broad valleys, and cliffs carved and shaped by the
river's floods. On these cliffs are a startling variety of plant life.
Cactus are found on the cliff shelves on the south-facing New Jersey
side of the river, while shelves on the north-facing Pennsylvania side
support arctic-alpine plants. The Nature Conservancy has identified
over forty ``critical habitats'' along the river corridor.
The Lower Delaware is also rich in cultural history. The river
corridor contains 29 national historic districts and eight national
historic landmarks. On Christmas Day in 1776, George Washington crossed
the Lower Delaware with his rag-tag Continental Army at present-day
Washington Crossing State Park, New Jersey, on his way to a victory
over the British and their Hessian mercenaries near Trenton, New
Jersey. Villages founded at 18th and 19th century crossroads are
located on both sides of the Lower Delaware. Historic canals such as
the Delaware and Raritan Canal and the Delaware Canal still parallel
portions of the river, and their surviving towpaths provide hiking and
bicycling opportunities.
The Delaware Valley hosts a population of more than 5 million people
and the river is within close proximity to major population centers.
This proximity provides recreational opportunities for thousands of
individuals who use the Lower Delaware for canoeing, kayaking, tubing,
birdwatching and fishing.
In 1978, both the Upper Delaware and the Middle Delaware River
portions were designated as Wild and Scenic Rivers. Upon the
designation of the Lower Delaware, the entire length of the Delaware
River from Trenton north, with the exception of a few short sections,
would have national designation as a Wild and Scenic River, while the
portion of the river from Trenton south is already included in the
National Estuary Program. Designation of the Lower Delaware would make
the Delaware River the only river system in the eastern United States
to have this distinctive status.
Lastly, Mr. President, I just wanted to note that designation of a
river as Wild and Scenic does not mean that private lands will suddenly
be open to public access. Nor does it mean that existing uses of
private property will be restricted. Designated rivers do receive
permanent protection from federally licensed or assisted dams and other
water resource projects that would have direct and adverse effects on
the river's free-flowing condition or ``outstandingly remarkable''
resources. A major factor in determining suitability for designation as
a Wild and Scenic River is whether or not there is strong support for
designation among the localities that border the river. In fact, the
Department of the Interior will support designation of a river as Wild
and Scenic only if the localities that adjoin the eligible river pass
resolutions in support of designation of
[[Page S7724]]
their individual segments as Wild and Scenic.
Although designation has received overwhelming support from the great
majority of the localities along the river, a handful of localities in
Pennsylvania and New Jersey did not pass the necessary resolutions
supporting the designation of their river segments as Wild and Scenic.
Therefore, although the river segments adjoining these townships are
eligible for designation in the future, the legislation that I propose
would not designate these river segments as Wild and Scenic River
segments under the Wild and Scenic Rivers Act.
Organizations that support designation of this part of the Lower
Delaware River as Wild and Scenic include: The Heritage Conservancy,
American Rivers, the Delaware River Greenway Partnership, Central Bucks
Chamber of Commerce, Lehigh Valley Planning Commission, Tinicum
Conservancy, Pennsylvania Department of Conservation and Natural
Resources, Delaware River Mill Society and the Delaware and Raritan
Canal Commission. Many individuals have worked hard to ensure that
designation of this portion of the river becomes a reality including
William Sharp of the National Park Service, the members of the Lower
Delaware River Wild and Scenic Management Committee and the Lower
Delaware Advisory Committee including New Jersey residents Richard
Albert, Jim Amon, Maya Vanrossum, Thomas Dallessio, Linda Mead,
Christian R. Nielson, Tisha Petrushka, Joseph M. Pylka, Chris Robert,
William Rockafellow, Jean Shaddow, Robert Stokes, Caroline Armstrong,
Ron Tindall, Celeste Tracy, Pamela Vinicombe, Lori Hixon, Kenneth G.
Zinis, Dan Longhi, Patricia McIlvaine, and John Brunner.
I invite my colleagues to join me in support of this legislation to
recognize the recreational, scenic and cultural resources of national
significance that the Lower Delaware River has to offer both to the
citizens of New Jersey and the nation.
I ask that a copy of the bill be printed in the Record.
The bill follows:
S. 1296
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;
[[Page S7725]]
``(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.''.
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