[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Pages S10003-S10004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           WHITE CLAY CREEK WILD AND SCENIC RIVERS SYSTEM ACT

  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1849) entitled 
     ``An Act to designate segments and tributaries of White Clay 
     Creek, Delaware and Pennsylvania, as a component of the 
     National Wild and Scenic Rivers System'', do pass with the 
     following amendment:
       Strike out all after the enacting clause and insert:

     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

[[Page S10004]]

     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, 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 Senate concurred in the amendment of the House.

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