[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H9981-H9983]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               LOWER DELAWARE WILD AND SCENIC RIVERS ACT

  Mr. CALVERT. Madam Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1296) to designate portions of the lower Delaware River 
and associated tributaries as a component of the National Wild and 
Scenic Rivers System.
  The Clerk read as 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 Lamprey 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:
       ``(161) Lower delaware river and associated tributaries, 
     new jersey and pennsylvania.--(A) 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), 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), 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), 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), 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), as a recreational 
     river;
       ``(vi) Tinicum Creek (approximately 14.7 miles), as a 
     scenic river;
       ``(vii) Tohickon Creek from the Lake Nockamixon Dam to the 
     Delaware River (approximately 10.7 miles), as a scenic river; 
     and
       ``(viii) Paunacussing Creek in Solebury Township 
     (approximately 3 miles), as a recreational river.
       ``(B) Administration.--The river segments referred to in 
     subparagraph (A) shall be administered by the Secretary of 
     the Interior. Notwithstanding section 10(c), the river 
     segments shall not be administered as part of the National 
     Park System.''.

     SEC. 4. MANAGEMENT OF RIVER SEGMENTS.

       (a) Management of Segments.--The river segments designated 
     in section 3 shall be managed--
       (1) in accordance with the river management plan entitled 
     ``Lower Delaware River Management Plan'' and dated August 
     1997

[[Page H9982]]

     (referred to 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
       (2) in cooperation with appropriate Federal, State, 
     regional, and local agencies, including--
       (A) the New Jersey Department of Environmental Protection;
       (B) the Pennsylvania Department of Conservation and Natural 
     Resources;
       (C) the Delaware and Lehigh Navigation Canal Heritage 
     Corridor Commission;
       (D) the Delaware and Raritan Canal Commission; and
       (E) the Delaware River Greenway Partnership.
       (b) Satisfaction of Requirements for Plan.--The management 
     plan shall be considered to satisfy the requirements for a 
     comprehensive management plan under subsection 3(d) of the 
     Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
       (c) Federal Role.--
       (1) Restrictions on water resource projects.--In 
     determining under section 7(a) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1278(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 Wild and 
     Scenic Rivers System, the Secretary of the Interior 
     (hereinafter referred to as the ``Secretary'') shall consider 
     the extent to which the project is consistent with the 
     management plan.
       (2) Cooperative agreements.--Any cooperative agreements 
     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 this Act shall--
       (A) be consistent with the management plan; and
       (B) may include provisions for financial or other 
     assistance from the United States to facilitate the long-term 
     protection, conservation, and enhancement of the segments.
       (3) Support for implementation.--The Secretary may provide 
     technical assistance, staff support, and funding to assist in 
     the implementation of the management plan.
       (d) Land Management.--
       (1) 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 river 
     segments designated by this Act.
       (2) 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) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1277(c)).
       (e) Additional Segments.--
       (1) In general.--In this paragraph, the term ``additional 
     segment'' means--
       (A) the segment from the Delaware Water Gap to the Toll 
     Bridge connecting Columbia, New Jersey, and Portland, 
     Pennsylvania (approximately 9.2 miles), which, if made part 
     of the Wild and Scenic Rivers System in accordance with this 
     paragraph, shall be administered by the Secretary as a 
     recreational river;
       (B) the segment from the Erie Lackawanna railroad bridge to 
     the southern tip of Dildine Island (approximately 3.6 miles), 
     which, if made part of the Wild and Scenic Rivers System in 
     accordance with this paragraph, shall be administered by the 
     Secretary as a recreational river;
       (C) the segment from the southern tip of Mack Island to the 
     northern border of the town of Belvidere, New Jersey 
     (approximately 2 miles), which, if made part of the Wild and 
     Scenic Rivers System in accordance with this paragraph, shall 
     be administered by the Secretary as a recreational river;
       (D) 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, which, if made 
     part of the Wild and Scenic Rivers System in accordance with 
     this paragraph, shall be administered by the Secretary as a 
     recreational river;
       (E) Paulinskill River in Knowlton Township (approximately 
     2.4 miles), which, if made part of the Wild and Scenic Rivers 
     System in accordance with this paragraph, shall be 
     administered by the Secretary as a recreational river; and
       (F) Cook's Creek (approximately 3.5 miles), which, if made 
     part of the Wild and Scenic Rivers System in accordance with 
     this paragraph, shall be administered by the Secretary as a 
     scenic river.
       (2) 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.
       (3) 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--
       (A) the Secretary shall publish in the Federal Register a 
     notice of the designation of the segment; and
       (B) the segment shall thereby be designated as a 
     recreational river or scenic river, as the case may be, in 
     accordance with the Wild and Scenic Rivers Act (16 U.S.C. 
     1271 et seq.).
       (4) 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.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Calvert) and the gentleman from New Jersey (Mr. Holt) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Calvert).
  Mr. CALVERT. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, the Delaware River is the last free-flowing river in 
the eastern United States. Approximately 330 miles in length, the river 
flows along four State boundaries and provides water to nearly 10 
percent of the Nation's population. The upper and middle Delaware River 
regions have already received wild and scenic designation; and in 1992, 
Congress authorized a study of the lower Delaware region to determine 
its viability for the wild and scenic designation.
  The study concluded that 14 segments were eligible for the wild and 
scenic classification. S. 1296 would designate eight of these segments 
as wild and scenic. According to S. 1296, the Secretary of Interior 
will continue working with the local river municipalities and within 3 
years of the enactment of this bill may designate any of the remaining 
segments in the management plan as wild and scenic.

                              {time}  1445

  Madam Speaker, I urge support for S. 1296.
  Madam Speaker, I reserve the balance of my time.
  Mr. HOLT. Madam Speaker, I yield myself such time as I may consume.
  (Mr. HOLT asked and was given permission to revise and extend his 
remarks.)
  Mr. HOLT. Madam Speaker, I am pleased to offer my strong support for 
S. 1296, the Lower Delaware Wild and Scenic Rivers Act, introduced by 
New Jersey Senator Frank Lautenberg.
  As one of the Members who represents the Delaware River region, I am 
proud to be a cosponsor of the House companion legislation to S. 1296, 
along with my colleagues, the gentleman from Pennsylvania (Mr.  
Greenwood), the gentleman from Pennsylvania (Mr. Toomey), and the 
gentlewoman from New Jersey (Mrs. Roukema). This Delaware designation 
is truly a bipartisan effort, and I am pleased that it is now moving 
toward passage.
  In 1978, Congress included two sections of the Upper Delaware River 
in the National Wild and Scenic River System, protecting 110 miles of 
outstanding recreational and natural resources. S. 1296 would add the 
portion of the Delaware River that extends from the Delaware Water Gap 
to Washington Crossing, a span of about 65 miles, and would add it to 
the Wild and Scenic River System. The passage of this will add one more 
glittering accomplishment to the legacy of our colleague, Frank 
Lautenberg, who is retiring in January from the other body on the other 
side of the Capitol.
  As my colleague has said, the Delaware River is the longest free-
flowing river in the eastern United States, spanning from its 
headwaters in the Catskills of New York to the mouth of the Delaware 
Bay. Its watershed includes 12,765 square miles in portions of four 
States.
  Over 6 million people make their home in the Delaware River's 
watershed, and almost 10 percent of the Nation's population relies on 
these waters for drinking, recreational and industrial use. The 
Delaware River is among the country's most scenic, and thousands of 
species of plants and animals thrive in its waters and along its banks. 
The river can boast of a proud and prominent place in our Nation's 
history and now sustains a thriving center of economic development and 
tourism.
  The 65 miles of river that would be protected as a result of this 
legislation are rich in natural and historic resources. It includes 
eight national historic landmarks and 29 national historic districts.

[[Page H9983]]

  To underscore the cultural importance of the Delaware, I would like 
to read a passage from the frontispiece of the book on the Delaware by 
Bruce Stutz, a piece by Walt Whitman:

       ``As I was crossing the Delaware today, saw a large flock 
     of wild geese, right overhead, not very high up, ranging in 
     V-shape, in relief against the noon clouds of light smoke-
     color. Had a capital, though momentary view of them, and then 
     of their course on and on southeast, till gradually fading . 
     . . the waters below--the rapid flight of the birds, 
     appearing just for a minute--flashing to me such a hint of 
     the whole spread of Nature with her eternal unsophisticated 
     freshness, her never-visited recesses of sea, sky, shore--and 
     then disappearing into the distance.''

  What Walt Whitman described I think highlights the importance of this 
area; but unmanaged development and inappropriate use of the river's 
resources threaten its health, the quality of its waters, natural 
habitats, scenic beauty, and historical sites. This legislation will 
protect the river from dangerous and unplanned development and from 
federally licensed dams, diversion projects, and channelization that 
could destroy the nature of the watershed and threaten the populations 
that depend on it.
  In addition, the bill, S. 1296, encourages local control through a 
management plan that will, one, protect riparian landowner rights; two, 
maintain and improve water quality; three, preserve natural and 
historical resources; four, encourage recreational use and eco-tourism; 
five, preserve open space; six, minimize the adverse effects of 
development; and, seven, involve the public in educational programs 
that recognize the value of this resource and ways to protect it.
  Our citizens along the river who are environmentally wise can use 
this designation as a scenic river to carry further the improvements 
that have been made. By the mid-1950s, the popular fish, the shad, had 
disappeared. Now the shad are back in large numbers, and Lambertville's 
Shad Fest is a grand occasion every year.
  The quality of water has a direct relationship to the Nation's 
economy, including the number of tourists, shoppers, and recreation 
enthusiasts who visit the area. The river has provided a vital link to 
neighboring communities in Pennsylvania, New York, and Delaware.
  S. 1296 is needed to ensure that this sense of community that had 
developed around the river continues to be nurtured. S. 1296 is needed 
to ensure that the future environment and the economic benefits of the 
Lower Delaware River are protected.
  The Wild and Scenic River designation would encourage natural and 
historic resource preservation and would help preserve the future of 
ecologically sensitive recreation areas.
  This legislation has garnered the support of a wide variety of groups 
and citizens. Over 100 community and advisory groups have worked on 
this campaign, including the Heritage Conservancy, the Delaware 
Greenway Commission, the Nature Conservancy, the Delaware River Keeper, 
the Delaware River Basin Commission, State parks, chambers of commerce, 
power and water companies, and other local businesses. In addition, 24 
of the 30 municipalities along the eligible section of the river have 
passed resolutions supporting its designation.
  In 1992, Congress authorized a study of the Lower Delaware for 
potential inclusion in the Wild and Scenic River Systems. The National 
Park Service studies have been completed, and local municipalities have 
reviewed and supported the draft legislation and the management plan. 
It is incumbent on us to do our part to support the affected 
communities by passing this legislation before concluding this session 
of Congress. In fact, the legislation is overdue.
  Quite simply, the communities in the Delaware River watershed 
understand the importance of the river and the need to protect it. S. 
1296 would further aid these communities by providing comprehensive 
planning and financial and technical assistance to allow local 
municipalities to sustain the protection of the river.
  Referring back to Walt Whitman, Langston Hughes wrote:

     Old Walt Whitman
     Went finding and seeking,
     Finding less than sought
     Seeking more than found,
     Every detail minding
     Of the seeking or the finding.
     Pleasured equally
     In seeking as in finding,
     Each detail minding,
     Old Walt went seeking
     And finding.

  Langston Hughes also talks about the historical cultural importance 
of this important river, the longest free-flowing river in the eastern 
United States. I hope my colleagues will recognize the importance of 
protecting this valuable natural resource, and I strongly urge all 
Members to support S. 1296, the Lower Delaware Wild and Scenic Rivers 
Act.
  Madam Speaker, I yield back the balance of my time.
  Mr. CALVERT. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, all I can say after listening to the great passages of 
our former literary giants, is I ask the House to pass this 
legislation.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentleman from California (Mr. Calvert) that the House 
suspend the rules and pass the Senate bill, S. 1296.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________