[Congressional Record (Bound Edition), Volume 146 (2000), Part 16] [House] [Pages 22956-22959] [From the U.S. 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 [[Page 22957]] 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 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 [[Page 22958]] 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. 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. 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 [[Page 22959]] 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. ____________________