[Senate Report 106-266]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 496
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-266

======================================================================



 
           WHITE CLAY CREEK WILD AND SCENIC RIVERS SYSTEM ACT

                                _______
                                

                 April 12, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1849]

    The Committee on Energy and Natural Resources, to which was 
referred the 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, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 Study 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:
          ``(161) White clay creek, delaware and pennsylvania.--
                  ``(A) Segments.--The 191 miles of river segments of 
                White Clay Creek (including tributaries of the Creek 
                and all second order tributaries of the designated 
                segments) in the States of Delaware and Pennsylvania 
                (referred to in this paragraph as the `Creek'), as 
                depicted on the recommended designation and 
                classification maps, as follows:
                          ``(i) 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.
                          ``(ii) 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.
                          ``(iii) 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.
                          ``(iv) 20.9 miles of the middle branch, 
                        beginning at the headwaters within Londonderry 
                        township downstream to the boundary of the 
                        White Clay Creek Preserve in London Britain 
                        township, as a recreational river.
                          ``(v) 2.1 miles of the west branch that flow 
                        within the boundaries of the White Clay Creek 
                        Preserve in London Britain township, as a 
                        scenic river.
                          ``(vi) 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.
                          ``(vii) 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.
                          ``(viii) 27.5 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 confluence of the White Clay 
                        Creek with the Christina River, as a 
                        recreational river.
                          ``(ix) 1.3 miles of Middle Run outside the 
                        boundaries of the Middle Run Natural Area, as a 
                        recreational river.
                          ``(x) 5.2 miles of Middle Run that flow 
                        within the boundaries of the Middle Run Natural 
                        Area, as a scenic river.
                          ``(xi) 15.6 miles of Pike Creek, as a 
                        recreational river.
                          ``(xii) 38.7 miles of Mill Creek, as a 
                        recreational river.
                  ``(B) Boundaries.--
                          ``(i) In general.--Except as provided in 
                        clause (ii), in lieu of the boundaries provided 
                        for in subsection (b), the boundaries of the 
                        segments shall be the greater of--
                                  ``(I) the 500-year floodplain; or
                                  ``(II) 250 feet as measured from the 
                                ordinary high water mark on both sides 
                                of the segment.
                          ``(ii) Exceptions.--The boundary limitations 
                        described in clause (i) are inapplicable to--
                                  ``(I) the areas described in section 
                                4(a) of the White Clay Creek Wild and 
                                Scenic Rivers Act; and
                                  ``(II) the properties, as generally 
                                depicted on the map entitled ``White 
                                Clay Creek Wild and Scenic River Study 
                                Area Recommended Designated Area'', 
                                dated June 1999, on which are located 
                                the surface water intakes and water 
                                treatment and wastewater treatment 
                                facilities of--
                                          ``(aa) the City of Newark, 
                                        Delaware;
                                          ``(bb) the corporation known 
                                        as United Water Delaware; and
                                          ``(cc) the Borough of West 
                                        Grove, Pennsylvania.
                  ``(C) Administration.--
                          ``(i) In general.--The segments designated by 
                        subparagraph (A) shall be administered by the 
                        Secretary of the Interior, 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 and Its Tributaries 
                        Watershed Management Plan' and dated May 
                        1998.''

SEC. 4. SUBSEQUENT DESIGNATIONS.

    (a) In General.--Churchman's Marsh, Lamborn Run, and the properties 
on which the intake structures and pipelines for the proposed 
Thompson's Station Reservoir may be located shall be considered 
suitable for designation as components of the National Wild and Scenic 
Rivers System only at such time as those areas are removed from 
consideration as locations forthe reservoir under the comprehensive 
plan of the Delaware River Basin Commission.
    (b) Assistance for Subsequent Designations.--The Secretary of the 
Interior (hereinafter referred to as the ``Secretary'') shall offer 
assistance to the State of Delaware and New Castle County, Delaware, if 
an area described in subsection (a) is designated a component of the 
National Wild and Scenic Rivers System.

SEC. 5 MANAGEMENT.

    (a) In General.--In order to provide for the long-term protection, 
preservation, and enhancement of White Clay Creek and its tributaries, 
the Secretary shall offer to enter into cooperative agreements pursuant 
to section 10(e) and section 11(b)(1) of the Wild and Scenic Rivers Act 
(16 U.S.C. 1281(e) and 16 U.S.C. 1282(b)(1)) with the White Clay Creek 
Watershed Management Committee as provided for in the plan entitled 
``White Clay Creek and its Tributaries Watershed Management Plan'' and 
dated May, 1998 (hereinafter referred to as the ``management plan'').
    (b) Federal Role.--(1) The Director of the National Park Service 
(or a designee) shall represent the Secretary in the implementation of 
the management plan and this paragraph (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 
segments were designated and authorized).
    (2) To assist in the implementation of the management plan and to 
carry out this Act, 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 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) Comprehensive Management Plan.--The management plan shall be 
deemed 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)).
    (e) State Requirements.--State and local zoning laws and 
ordinances, as in effect on the date of 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)).
    (f) 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 section 3 that is not in the National Park System 
as of the date of enactment of this Act shall not--
          (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.
    (g) 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 for the purpose of carrying out this Act.

                         Purpose of the Measure

    The purpose of S. 1849 is to designate segments and 
tributaries of White Clay Creek in the States of Delaware and 
Pennsylvania as a component of the National Wild and Scenic 
Rivers System.

                          Background and Need

    Public Law 102-215 amended the Wild and Scenic Rivers Act 
of 1968 to require a study of the White Clay Creek, including 
its headwaters, main branches, and tributaries to determine its 
eligibility and suitability for inclusion in the National Wild 
and Scenic Rivers System. Further, the legislation also 
directed the Secretary to develop a management plan for the 
area prior to designation of the river.
    The study of the White Clay Creek culminated with the 
release of the National Park Service study report in September 
1999. The study found that a total of 191 miles of the White 
Clay Creek were eligible and suitable for designation as a 
component of the National Wild and Scenic River System. All 
fifteen of the affected municipalities and counties have passed 
resolutions supporting the White Clay Creek Watershed 
Management Plan and the proposed designation.

                          Legislative History

    S. 1849 was introduced by Senators Biden and Roth on 
November 3, 1999. The Subcommittee on National Parks, Historic 
Preservation and Recreation held a hearing on S. 1849 on March 
8, 2000.
    At its business meeting on April 5, 2000, the Committee on 
Energy and Natural Resources ordered S. 1849 favorably 
reported, as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on April 5, 2000, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1849, if amended as described herein.

                          Committee Amendment

    During its consideration of S. 1849, the Committee adopted 
an amendment in the nature of a substitute. As introduced, S. 
1849 incorporated the specific management prescriptions for 
White Clay Creek and its tributaries into the Wild and Scenic 
Rivers Act; the amendment does not alter these provisions, but 
enacts them free-standing, rather than as an amendment to the 
Wild and Scenic Rivers Act. The Wild and Scenic Rivers Act is 
amended by adding the segments and tributaries of White Clay 
Creek. The amendment also clarifies the authority of the 
Secretary of the Interior to enter into cooperative agreements 
with the White Clay Creek Watershed Management Committee, as 
well as making several technical corrections.

                      Section-by-Section Analysis

    Section 1 designates the bill's short title.
    Section 2 contains congressional findings.
    Section 3 amends section 3(a) of the Wild and Scenic Rivers 
Act (U.S.C. 1274(a)) by adding paragraph (161) to designate 
White Clay Creek, in Delaware and Pennsylvania. The designation 
includes 12 segments totaling 191 miles of White Clay Creek 
(including tributaries of the creek and all second order 
tributaries of the designated segments). Eight of the segments, 
totaling 167 miles are designated as a recreational river, and 
the remaining 4 segments totaling 24 miles are designated as a 
scenic river. In addition, this section also defines the 
boundaries of the segments, and directs that the river segments 
shall be administered by the Secretary of the Interior in 
cooperation with the White Clay Creek Watershed Management 
Committee. It further stipulates that the ``White Clay Creek 
and its Tributaries Watershed Management Plan'' dated May 1998 
shall be considered to satisfy the requirements for a 
comprehensivemanagement plan.
    Section 4(a) directs that Churchman's Marsh, Lamborn Run 
and the other properties on which intake structures and 
pipelines for a proposed reservoir will be considered suitable 
for Wild and Scenic River designation only at such time as 
those areas are removed from consideration as locations for the 
reservoir.
    Subsection (b) provides that the Secretary of the Interior 
shall offer assistance to the State of Delaware and New Castle 
County, Delaware, if an area described in subsection (a) is 
designated as a component of the National Wild and Scenic 
Rivers System.
    Section 5 describes the management of the river segments.
    Subsection (a) directs the Secretary of the Interior to 
offer to enter into cooperative agreements with the White Clay 
Creek Watershed Management Committee in order to provide for 
the long-term protection, preservation, and enhancement of the 
creek and its tributaries.
    Subsection (b) provides that the Director of the National 
Park Service (or a designee) shall represent the Secretary of 
the Interior, and may assist in the implementation of the 
management plan by providing technical assistance, staff 
support, and funding not to exceed $150,000 for each fiscal 
year.
    Subsection (c) directs that any cooperative agreement 
entered into under section 10(e) of the Wild and Scenic Rivers 
Act shall be consistent with the management plan and may 
include provisions for financial assistance from the United 
States.
    Subsection (d) provides that the plan entitled ``White Clay 
Creek and its Tributaries Watershed Management Plan'' and dated 
May 1998, is deemed 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)).
    Subsection (e) provides that State and local zoning 
ordinances in effect on the date of 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)).
    Subsection (f) provides that none of the river segments 
designated under section 3 shall be considered to be part of 
the National Park System, be managed by the National Park 
Service, or be subject to the laws and regulations that govern 
the National Park System.
    Subsection (g) directs that there shall be no Federal land 
acquisition for the purposes of carrying out this Act.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1849. The bill is not a regulatory measure in 
the sense of imposing Government established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1849.

                        Executive Communications

    The legislative report received by the Committee from the 
Department of the Interior setting forth Executive agency 
recommendation relating to the S. 1849 is set forth below:

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                    Washington, DC, March 20, 2000.
Hon. Frank Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter presents the Department's 
views on S. 1849, a bill that amends the Wild and Scenic Rivers 
Act by designating segments and tributaries of the White Clay 
Creek in Delaware and Pennsylvania as a component of the 
National Wild and Scenic Rivers System.
    The Department supports the intent of the bill, but not as 
currently drafted. In particular, given existing land ownership 
patterns, the Department supports designation of the White Clay 
Creek as a ``private lands'' river managed by a non-federal 
entity rather than by a federal agency.
    S. 1849 provides that the administration of the designated 
river segments by the Secretary of the Interior is to be 
consistent with the cooperatively developed White Clay Creek 
Watershed Management Plan and to be undertaken in cooperation 
with federal, state, county and municipal governments. The bill 
also identifies additional segments that would be suitable for 
designation by the Secretary only at such time as those 
segments are removed from consideration as locations for 
reservoirs under the comprehensive plan of the Delaware River 
Basin Commission.
    In December of 1991, Congress directed the National Park 
Service to undertake a study of the headwaters of the White 
Clay Creek in Pennsylvania to its confluence with the Christina 
River in Delaware. The study was to be done in cooperation and 
consultation with various federal, state, regional, and local 
governments and affected landowners. In addition, a river 
management plan was to be prepared that would provide 
recommendations as to the protection and management of the 
White Clay Creek and its tributaries.
    In 1998, a watershed management plan was prepared that 
contained six goals for management of the White Clay Creek and 
its tributaries. The plan was done cooperatively and calls for 
a management framework for the White Clay Creek and its 
tributaries that relies heavily on local land use decisions and 
zoning as protection measures for the river. In 1999, the NPS 
issued the ``White Clay Creek and Its Tributaries National Wild 
and Scenic River Study Draft Report.'' The majority of the 
river segments identified in the study report qualified for 
designation as a component of the Wild and Scenic River System 
and are reflected in S. 1849.
    Because of land ownership patterns along the White Clay 
Creek and its tributaries, the NPS categorizes the White Clay 
Creek as a ``private lands'' river. There were five principles 
that involvement and consensus building in determining whether 
the river segments were suitable for designation and how they 
should be managed; (2) the river management plan would be 
prepared during the study rather than after designation and 
would be a collaborative effort of NPS, the study task force 
and state and local governments; (3) designation of river 
segments only would occur if strong local support for 
designation existed and was expressed through passage of 
support resolutions by the affected communities; (4) existing 
land use patterns would be maintained and local land use 
control and home rule would not be usurped; and (5) the laws 
and regulations that affect the White Clay Creek and its 
tributaries are complex involving two states, thirteen 
municipalities, two counties, the Delaware River Basin 
Commission, and several federal agencies.
    The preferred alternative for designation and management 
recommends designation of 191 river miles of the White Clay 
Creek and its tributaries as a unit of the National Wild and 
Scenic Rivers System. Protection of the river's outstanding 
resources would be based upon private, state and local 
conservation measures and would not rely on federal land 
acquisition or direct federal management.
    The Department believes that the management prescriptions 
that are specific to the White Clay Creek should not be enacted 
as an amendment to the Wild and Scenic Rivers Act, but should 
instead be included in free-standing legislation. When a river 
that is designated as part of the Wild and Scenic rivers System 
is to be managed differently than the management outlined in 
the Wild and Scenic Rivers Act, those particular management 
prescriptions have consistently been adopted as free-standing 
provisions of the designation legislation. This drafting 
technique allows the Wild and Scenic Rivers Act to remain 
focused on designations and not the exceptions to the law. 
Separate legislation is effective in ensuring that the river is 
managed under an exception to the usual management 
prescriptions. Keeping the special management provisions 
separate also prevents confusion between generally appropriate 
management requirements that are contained in the Wild and 
Scenic Rivers Act and those that are provided in the 
independent legislation.
    The amendment to the Wild and Scenic Rivers Act should 
provide for the designation of the White Clay Creek and its 
tributaries, as primarily found in the language on pages three 
through six of S. 1849. The bill also should provide a clear 
statement that the White Clay Creek will not be considered a 
unit of the National Park System or administered according to 
the laws and regulations of the National Park System. The 
language and the management prescriptions that are specific to 
the White Clay Creek should be embodied in separate 
legislation. The Department and the National Park Service would 
be happy to work with the committee to address our concerns.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                      Donald Barry,
                               Assistant Secretary for Fish
                                            and Wildlife and Parks.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, S. 1849, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

              Section 3 of the Wild and Scenic Rivers Act

    Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
          (1) * * *

           *       *       *       *       *       *       *

          (161) White Clay Creek, Delaware and Pennsylvania.--
                  (A) Segments.--The 191 miles of river 
                segments of White Clay Creek (including 
                tributaries of the Creek and all second order 
                tributaries of the designated segments) in the 
                States of Delaware and Pennsylvania (referred 
                to in this paragraph as the ``Creek''), as 
                depicted on the recommended designation and 
                classification maps, as follows:
                          (i) 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.
                          (ii) 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 Creek Preserve, as a recreational 
                        river.
                          (iii) 4.0 miles of the east branch 
                        that flow through the boundaries of the 
                        White 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.
                          (iv) 20.9 miles of the middle branch, 
                        beginning at the headwaters within 
                        Londonberry township downstream to the 
                        boundary of the White Clay Creek 
                        Preserve in London Britain township, as 
                        a recreational river.
                          (v) 2.1 miles of the west branch that 
                        flow within the boundaries of the White 
                        Clay Creek Preserve in London Britain 
                        township, as a scenic river.
                          (vi) 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.
                          (vii) 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.
                          (viii) 27.5 miles of the main stem 
                        (including all second order tributaries 
                        outside the boundaries of the White 
                        Clay Creek Preserve and 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 
                        confluence of the White Clay Creek with 
                        the Christina River, as a recreational 
                        river.
                          (ix) 1.3 miles of Middle Run outside 
                        the boundaries of the Middle Run 
                        Natural Area, as a recreational river.
                          (x) 5.2 miles of Middle Run that flow 
                        within the boundaries of the Middle Run 
                        Natural Area, as a scenic river.
                          (xi) 15.6 miles of Pike Creek, as a 
                        recreational river.
                          (xii) 38.7 miles of Mill Creek, as a 
                        recreational river.
                  (B) Boundaries.--
                          (i) In general.--Except as provided 
                        in clause (ii), in lieu of the 
                        boundaries of the segments shall be the 
                        greater of--
                                  (I) the 500-year floodplain; 
                                or
                                  (II) 250 feet as measured 
                                from the ordinary high water 
                                mark on both sides of the 
                                segment.
                          (ii) Exceptions.--The boundary 
                        limitations described in clause (i) are 
                        applicable to--
                                  (I) the areas described in 
                                section 4(a) of the White Clay 
                                Creek and Scenic Rivers Act; 
                                and
                                  (II) the properties, as 
                                generally depicted on the map 
                                entitled ``White Clay Creek 
                                Wild and Scenic River Study 
                                Area Recommended Designated 
                                Area'', dated June 1999, on 
                                which are located the surface 
                                water intakes and water 
                                treatment and wastewater 
                                treatment facilities of--
                                          (aa) the City of 
                                        Newark, Delaware;
                                          (bb) the corporation 
                                        known as United Water 
                                        Delaware; and
                                          (cc) the Borough of 
                                        West Grove, 
                                        Pennsylvania.
                  (C) Administration.--
                          (i) In general.--The segments 
                        designated by subparagraph (A) shall be 
                        administered by the Secretary of the 
                        Interior, 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 and Its Tributaries Watershed 
                        Management Plan'' and dated May 1998.

                                  
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