[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2810-S2811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           WHITE CLAY CREEK WILD AND SCENIC RIVERS SYSTEM ACT

  The Senate proceeded to consider the bill (S. 1849) to designate 
segments and tributaries of White Clay Creek, Delaware and 
Pennsylvania, as a component of the Wild and Scenic Rivers System, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting clause 
and insert in lieu thereof the following:

     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) 1.4 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 flows within the 
     boundaries of the Middle Run Natural Area, as a recreational 
     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

[[Page S2811]]

     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. 
     1882(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 designated 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.

  The committee amendment in the nature of a substitute was agreed.
  The bill (S. 1849), as amended, was passed.

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