[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.
____________________