[Congressional Record Volume 146, Number 110 (Monday, September 18, 2000)]
[House]
[Pages H7669-H7672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           WHITE CLAY CREEK WILD AND SCENIC RIVERS SYSTEM ACT

  Mr. GILCHREST. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1849) to designate segments and tributaries of White 
Clay Creek, Delaware and Pennsylvania, as a component of the National 
Wild and Scenic Rivers System, as amended.
  The Clerk read as follows:

                                S. 1849

       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 ``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 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:
       ``(162) White Clay Creek, Delaware and Pennsylvania.--The 
     190 miles of river segments of White Clay Creek (including 
     tributaries of White Clay Creek and all second order 
     tributaries of the designated segments) in the States of 
     Delaware and Pennsylvania,

[[Page H7670]]

     as depicted on the recommended designation and classification 
     maps (dated June 2000), to be administered by the Secretary 
     of the Interior, as follows:
       ``(A) 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.
       ``(B) 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.
       ``(C) 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.
       ``(D) 6.8 miles of the middle branch, beginning at the 
     headwaters within Londonderry township downstream to a point 
     that is 500 feet north of the Borough of West Grove 
     wastewater treatment facility, as a recreational river.
       ``(E) 14 miles of the middle branch, beginning at a point 
     that is 500 feet south of the Borough of West Grove 
     wastewater treatment facility downstream to the boundary of 
     the White Clay Creek Preserve in London Britain township, as 
     a recreational river.
       ``(F) 2.1 miles of the middle branch that flow within the 
     boundaries of the White Clay Creek Preserve in London Britain 
     township, as a scenic river.
       ``(G) 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.
       ``(H) 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.
       ``(I) 5.4 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 northern 
     boundary of the city of Newark, Delaware, as a recreational 
     river.
       ``(J) 16.8 miles of the main stem beginning at Paper Mill 
     Road downstream to the Old Route 4 bridge, as a recreational 
     river.
       ``(K) 4.4 miles of the main stem beginning at the southern 
     boundary of the property of the corporation known as United 
     Water Delaware downstream to the confluence of White Clay 
     Creek with the Christina River, as a recreational river.
       ``(L) 1.3 miles of Middle Run outside the boundaries of the 
     Middle Run Natural Area, as a recreational river.
       ``(M) 5.2 miles of Middle Run that flow within the 
     boundaries of the Middle Run Natural Area, as a scenic river.
       ``(N) 15.6 miles of Pike Creek, as a recreational river.
       ``(O) 38.7 miles of Mill Creek, as a recreational river.''.

     SEC. 4. BOUNDARIES.

       With respect to each of the segments of White Clay Creek 
     and its tributaries designated by the amendment made by 
     section 3, in lieu of the boundaries provided for in section 
     3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), 
     the boundaries of the segment shall be 250 feet as measured 
     from the ordinary high water mark on both sides of the 
     segment.

     SEC. 5. ADMINISTRATION.

       (a) By Secretary of the Interior.--The segments designated 
     by the amendment made by section 3 shall be administered by 
     the Secretary of the Interior (referred to in this Act as the 
     ``Secretary''), 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 
     Creek and Its Tributaries Watershed Management Plan'' and 
     dated May 1998 (referred to in this Act as the ``Management 
     Plan'').
       (b) Requirement for Comprehensive Management Plan.--The 
     Management Plan shall be considered 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)).
       (c) Cooperative Agreements.--In order to provide for the 
     long-term protection, preservation, and enhancement of the 
     segments designated by the amendment made by section 3, the 
     Secretary shall offer to enter into a cooperative agreement 
     pursuant to sections 10(c) and 11(b)(1) of the Wild and 
     Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the 
     White Clay Creek Watershed Management Committee as provided 
     for in the Management Plan.

     SEC. 6. FEDERAL ROLE IN MANAGEMENT.

       (a) In General.--The Director of the National Park Service 
     (or a designee) shall represent the Secretary in the 
     implementation of the Management Plan, this Act, and the Wild 
     and Scenic Rivers Act with respect to each of the segments 
     designated by the amendment made by section 3, 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 segment is 
     designated.
       (b) Assistance.--To assist in the implementation of the 
     Management Plan, this Act, and the Wild and Scenic Rivers Act 
     with respect to each of the segments designated by the 
     amendment made by section 3, 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 the amendment made 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) 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 the amendment made by 
     section 3 that is not in the National Park System as of the 
     date of the enactment of this Act shall not, under this Act--
       (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.

     SEC. 7. STATE REQUIREMENTS.

       State and local zoning laws and ordinances, as in effect on 
     the date of the 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)) with 
     respect to the segment designated by the amendment made by 
     section 3.

     SEC. 8. 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 along the segments designated by the amendment made 
     by section 3 for the purpose of carrying out the amendment or 
     this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Gilchrest) and the gentleman from New Mexico (Mr. Udall) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland (Mr. Gilchrest).


                             General Leave

  Mr. GILCHREST. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and to include extraneous material on S. 1849, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.
  Mr. GILCHREST. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. GILCHREST asked and was given permission to revise and extend 
his remarks.)
  Mr. GILCHREST. Mr. Speaker, S. 1849, introduced by Senator Joe Biden 
from Delaware, designates approximately 190 miles of segments and 
tributaries of White Clay Creek in Delaware and Pennsylvania as a 
component of the National Wild and Scenic Rivers System. Companion 
legislation was also introduced by the gentleman from Pennsylvania (Mr. 
Pitts) who deserves major credit for crafting this bill.
  White Clay Creek is the watershed for more than 69,000 acres in 
southeastern Pennsylvania and northwestern Delaware. White Clay Creek 
is an important source of drinking water and also contains 
recreational, cultural, and scenic resources. Although much of the land 
around these segments is privately owned, surveys by private property 
owners have indicated general support for this legislation.
  In 1991, Congress authorized the White Clay Creek Study Act, which 
directed the National Park Service to prepare a study of the 
eligibility and suitability of White Clay Creek as a Wild and Scenic 
River. This law also directed the National Park Service and White Clay 
Creek Study Task Force to develop a watershed management plan for the 
area. The study indicated the segments identified in this bill as both 
suitable and feasible to be designated into the Wild and Scenic Rivers 
System.
  Mr. Speaker, during the committee proceedings on this bill, an 
amendment

[[Page H7671]]

was passed which excluded some smaller segments that are not yet 
suitable for designation and established the width of the river 
segments for the wild and scenic designation at 250 feet. We believe 
that these changes are necessary and, hence, have amended the Senate 
bill to include them.
  Mr. Speaker, all of the 15 local governmental entities within the 
watershed have passed resolutions supporting the designation and 
implementation of the management plan. This bill has the additional 
support of the minority and the administration. I urge all my 
colleagues to support S. 1849, with an amendment.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I 
may consume.
  (Mr. UDALL of New Mexico asked and was given permission to revise and 
extend his remarks.)
  Mr. UDALL of New Mexico. Mr. Speaker, the 102nd Congress commissioned 
a study of White Clay Creek, from its headwaters in Delaware to its 
confluence with the Christina River in Pennsylvania, to determine if 
the creek and any of its tributaries might be eligible for designation 
as part of the Wild and Scenic Rivers Program. Ultimately, the study 
supported such designation.
  As part of the study, the National Park Service, working with a local 
task force, developed a cooperative management plan which was approved 
in 1998. Since completion of the study, three counties and 13 
municipalities in Delaware and Pennsylvania have adopted resolutions 
endorsing designation of the creek.
  S. 1849 would amend the Wild and Scenic Rivers Act to add several 
segments of White Clay Creek and its tributaries to the program. Under 
the legislation, the river will be managed cooperatively between the 
Secretary and State and local governments, consistent with the 1998 
management plan. The bill prohibits any Federal land acquisition for 
the purpose of carrying out this act.
  Mr. Speaker, we join the administration and the local communities in 
supporting passage of S. 1849, as amended.
  I commend the gentleman from Maryland (Mr. Gilchrest) and other 
members of the committee for their work on this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GILCHREST. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Pennsylvania (Mr. Pitts) the author of this 
legislation.
  Mr. PITTS. Mr. Speaker, I thank the gentleman for yielding me the 
time.
  Mr. Speaker, I rise today in strong support of the White Clay Creek 
Wild and Scenic Rivers Systems Act.
  This bill represents a community-driven effort to preserve the White 
Clay Creek watershed, which is located in southeastern Pennsylvania and 
northwestern Delaware. The watershed is one of only a few relatively 
unspoiled river systems remaining in the highly developed corridor 
between Philadelphia, Pennsylvania and the Wilmington-Newark Delaware 
corridor. It is a valuable natural, ecological, and historic resource, 
as well as an important water resource for millions of families in the 
surrounding regions.
  My personal desire to see this watershed preserved goes back almost 
30 years. In fact, my son and I used to fish for trout there when he 
was a boy.
  The White Clay Creek, however, is being threatened by rapid 
development in the region. To preserve the creek, to protect its water 
quality and conserve the wildlife in the watershed, it is important 
that we designate the creek as a Wild and Scenic River.
  This bill is the culmination of more than 8 years of hard work by the 
local community. I have worked closely with farmers, landowners, 
concerned citizens, State and local officials, and the National Park 
Service to draft the amended language contained in this bill. It has 
been encouraging to me to see all interested parties work together 
toward the common goal of preserving this watershed.
  This effort provides us with an excellent model of how to succeed in 
protecting our environment and natural resources. It has been a 
grassroots, a bi-state, and bipartisan effort from the beginning.
  The Wild and Scenic designation will bring the resources that the 
Federal Government has to offer without ceding local control. Townships 
and boroughs, which historically have controlled development, will 
retain the power they have always had. This designation will simply 
give us another tool to make sure that this important natural resource 
is not lost to future generations.
  The White Clay Creek Wild and Scenic Rivers System Act has the 
overwhelming support of everyone involved in the process.
  I especially want to thank the gentleman from Alaska (Chairman Young) 
from the Committee on Resources and the gentleman from Utah (Chairman 
Hansen) of the Subcommittee on National Parks and Public Lands for 
their support of this legislation and their leadership in bringing this 
bill to the House floor.
  I urge Members to support preserving the environment and to vote yes 
on this bill.
  Mr. CASTLE. Mr. Speaker, I rise today in strong support of S. 1849, 
the ``White Clay Creek Wild and Scenic Rivers Act.'' I am proud to be 
an original cosponsor of this legislation to designate officially White 
Clay Creek and its tributaries as part of the National Park Service's 
National Wild and Scenic Rivers System.
  This bill is the culmination of over 30 years of grassroots efforts 
to bring attention to the unique qualities of White Clay Creek and to 
build consensus to protecting its beauty from the adverse consequences 
of urban sprawl. White Clay Creek is located in the densely populated 
area between Philadelphia, Pennsylvania and Newark, Delaware.
  White Clay Creek is well worth protecting. There are 38 properties in 
the watershed that have been listed on the National Register of 
Historic Places.
  In addition, the watershed is home to three endangered plant species 
and 100 more plant species of ``special concern'' to the State of 
Delaware.
  With regards to wildlife, the endangered bog turtle is found in the 
watershed along with 38 ``rare'' animal species on Delaware's list of 
``special concern.''
  Because the watershed is located in the middle of the Atlantic 
flyway, it is the northern boundary for many southern species of birds 
and the southern boundary for many northern species of birds. In total, 
there are about 200 bird species in the watershed, including the 
American bald eagle.
  In addition, White Clay Creek serves as a vital source of drinking 
water for New Castle County, Delaware and Chester County, Pennsylvania.
  Finally, White Clay Creek watershed is a popular location for fishing 
(particularly trout fishing), hiking, jogging, swimming, bird-watching, 
horseback riding, skating, sledding, cross-country skiing, photography, 
and limited deer hunting.
  In September 1999, the National Parks Service released its final 
report, as ordered by Congress in 1991, recommending the size and scope 
of the wild and scenic designation for White Clay Creek. The study 
confirmed the beliefs of the citizens living in the watershed that 
there was popular support for protecting the watershed's natural, 
historic, and recreational resources. In fact, 89 percent of the 
landowners surveyed agreed to support land use regulations and programs 
to conserve and protect the watershed. At the same time a majority 
believed that there must be room for planned residential, commercial, 
and industrial growth.
  Therefore, a White Clay Creek Task Force of private landowners, 
river-related organizations, and all levels of government developed the 
White Clay Creek Management Plan to designate a total of 191 miles, 24 
miles as scenic and 167 miles as recreational, or White Clay Creek as 
suitable for the National Wild and Scenic River System.

  All fifteen of the local governments in the watershed, including the 
city of Newark and New Castle County, passed resolutions supporting the 
management plan. The designated scenic areas flow through the White 
Clay Creek Preserve and the White Clay Creek State Park.
  Mr. Speaker, I would like to take this opportunity to describe 
exactly what it means and what it does not mean for White Clay Creek to 
be designated wild an scenic. This bill means that the river receives 
permanent protection from federally-licensed or assisted water resource 
projects (dams, diversions,

[[Page H7672]]

channelization, etc.) that would have a direct and adverse effect on 
its free-flowing condition or outstanding remarkable resources.
  It does not mean that existing wastewater treatment plants or 
potential reservoir sites cannot be expanded to accommodate carefully 
planned residential, commercial, and industrial growth. New Castle 
County is actively seeking solutions to water shortage problems, and 
this bill does not limit options that are in the best interests of the 
citizens of Delaware.
  This legislation does not replace the authority of state, county, and 
municipal governments to regulate land use in the watershed.
  It simply prohibits Federal funds from being used to interfere with 
the free-flowing nature of the river or its unique resources. In doing 
so, it elevates the status of the river in competing for Federal 
preservations grants. Finally, it mobilizes the states, local 
governments, and communities in the watershed to work together to 
preserve this unique, free flowing river.
  Mr. Speaker, I would like to take a moment to acknowledge House 
Resources Committee Chairman, Don Young; Parks Subcommittee Chairman, 
Jim Hansen; Resources Committee Staff, Tod Hull; my colleague, Joe 
Pitts; National Parks Staff, Chuck Barscz; and all the citizens in 
Delaware and Pennsylvania who have worked for over 30 years to protect 
White Clay Creek.
  Mr. Speaker, I believe the combination of White Clay Creek 
Watershed's unique features and the strong local support for protecting 
the watershed justify its designation as a wild and scenic river. The 
Senate passed companion legislation by unanimous consent on April 13, 
2000. I urge my colleagues to give their strong support to this bill.
  Mr. GILCHREST. Mr. Speaker, I urge support for the legislation, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Maryland (Mr. Gilchrest) that the House 
suspend the rules and pass the Senate bill, S. 1849, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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