[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Pages 31173-31175]
[From the U.S. Government Publishing Office, www.gpo.gov]



               LOWER DELAWARE WILD AND SCENIC RIVERS ACT

  The Senate proceeded to consider the 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, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     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 (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;

[[Page 31174]]

       (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 committee amendment was agreed to.
  The bill (S. 1296), as amended, was passed, 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 (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

[[Page 31175]]

     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.

                          ____________________