[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.''.

                          ____________________