[Senate Report 111-134]
[From the U.S. Government Publishing Office]
Calendar No. 284
111th Congress } { Report
2d Session } SENATE { 111-134
=======================================================================
WHITE CLAY CREEK WILD AND SCENIC RIVER EXPANSION ACT
_______
March 2, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 853]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 853) to designate additional 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, having considered the same, reports favorably
thereon with amendments and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. Beginning on page 1, strike line 6 and all that follows through
page 3, line 10, and insert the following:
SEC. 2. DESIGNATION OF SEGMENTS OF WHITE CLAY CREEK, AS SCENIC AND
RECREATIONAL RIVERS.
2. On page 3, strike lines 16 and 17 and insert the following:
(B) by striking ``the recommended designation and
classification maps (dated June 2000)'' and inserting
``the map entitled `White Clay Creek Wild and Scenic
River Designated Area Map' and dated July 2008, the map
entitled `White Clay Creek Wild and Scenic River
Classification Map' and dated July 2008, and the map
entitled `White Clay Creek National Wild and Scenic
River Proposed Additional Designated Segments--July
2008''';
3. On page 4, strike line 12 and insert the following:
SEC. 3. ADMINISTRATION OF WHITE CLAY CREEK.
4. On page 4, line 16, strike ``section 3'' and insert ``section
2''.
Purpose
The purpose of S. 853 is to designate approximately 9 miles
of additional 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
The White Clay Creek Watershed is located between the urban
regions of New York and Washington, D.C. The Watershed covers
approximately 107 square miles and drains over 69,000 acres in
Delaware and Pennsylvania. Of those 69,000 acres, 5,000 acres
are public lands owned by state and local governments, and the
rest is privately owned.
In 2000, Public Law 106-357 designated 190 miles of the
White Clay Creek River and its tributaries in the States of
Delaware and Pennsylvania as a component of the National Wild
and Scenic Rivers System. White Clay Creek became Delaware's
first and only Federally-designated Wild and Scenic River.
At the time Public Law 106-357 was enacted, the Lamborn Run
in Delaware and the East Branch and Egypt Run in Pennsylvania,
were not included in the Wild and Scenic River designation. New
Garden Township in Pennsylvania passed a resolution in 2007 in
support of the designation within the township and the Delaware
River Basin Commission amended its Comprehensive Water
Resources Plan by removing Lamborn Run in Delaware as a
potential water supply reservoir.
With the recent support of the affected local governments,
S. 853 adds two additional segments to the previous White Clay
Creek Wild and Scenic River designation.
Legislative History
Senators Kaufman, Carper, and Casey introduced S. 853 on
April 22, 2009. The subcommittee on National Parks held a
hearing on S. 853 on July 15, 2009. (S. Hrg. 111-92.) On
December 16, 2009, the Committee on Energy and Natural
Resources ordered S. 853 favorably reported, with amendments.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on December 16, 2009, by a voice vote of a
quorum present, recommends that the Senate pass S. 853, if
amended as described herein.
Committee Amendment
During its consideration of S. 853, the Committee adopted
four amendments. The first amendment strikes the findings
section, and makes a technical correction to a map reference,
and the third and fourth amendments make conforming changes.
Section-by-Section Analysis
Section 1 contains the short title for the bill, the
``White Clay Creek Wild and Scenic River Expansion Act of
2009''.
Section 2 amends section 3(a)(163) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(163) and designates an additional
9 miles of White Clay Creek as Scenic and Recreational Rivers
and makes a conforming amendment to update the map reference.
Section 3 states that sections 4 through 8 of Public Law
106-357 (16 U.S.C. 1274 note; 114 Stat. 1393), relating to the
administration and management of the river segments, shall be
applicable to the additional segments of the White Clay Creek.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 853--White Clay Creek Wild and Scenic River Expansion Act of 2009
S. 853 would add nine miles of the White Clay Creek in
Delaware and Pennsylvania to the National Wild and Scenic
Rivers System. Based on information provided by the National
Park Service, which administers the White Clay Creek unit of
the system, CBO estimates that implementing the bill would have
no effect on the federal budget. The affected segments are
already protected for wilderness values and would remain in
private or state hands. Enacting the bill would not affect
revenues or direct spending.
S. 853 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
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. 853.
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. 853, as ordered reported.
Congressionally Directed Spending
S. 853, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony provided by the Department of the Interior
was included in testimony received by the Committee at a
hearing on S. 853 on July 15, 2009.
Statement of Katherine H. Stevenson, Acting Deputy Director, Support
Services, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee today to discuss the views of the
Department of the Interior on S. 853, a bill to amend the Wild
and Scenic Rivers Act by designating additional segments and
tributaries of the White Clay Creek in Delaware and
Pennsylvania as components of the National Wild and Scenic
Rivers System.
The Department supports enactment of this legislation with
one technical amendment.
S. 853 would designate nine additional miles of segments
and tributaries of the White Clay Creek as part of the National
Wild and Scenic Rivers System, to be administered by the
Secretary of the Interior (Secretary). The additional
tributaries will be managed in accordance with the ``White Clay
Creek and Its Tributaries Watershed Management Plan'' (amended
Summer 2001) with the Secretary coordinating the White Clay
Creek Watershed Management Committee.
In December 1991, Congress directed the National Park
Service to undertake a study of the headwaters of the White
Clay Creek in the Commonwealth of Pennsylvania to its
confluence with the Christina River in the State of Delaware.
The study was also to include the East, West, and Middle
Branches, Middle Run, Pike Creek, Mill Creek and other
tributaries of the White Clay, as identified by the Secretary,
to determine their eligibility for inclusion in the National
Wild and Scenic Rivers System. 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. The plan was to
outline roles for the state and local governments and affected
landowners to play in the management of the White Clay Creek as
a designated component of the National Wild and Scenic Rivers
System.
In 1998, a watershed management plan was prepared that
contained six goals for management of the White Clay Creek and
its tributaries. These goals include improving and conserving
water quality and quantity, and conserving open space,
woodlands, wetlands, and geologic features. 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.
In 1999, the National Park Service issued the ``White Clay
Creek and Its Tributaries National Wild and Scenic River Study
Draft Report.'' In the report, the National Park Service found
that the majority of the river segments identified in the study
met the eligibility requirements of the Wild and Scenic Rivers
Act by virtue of their free-flowing condition and presence of
one or more outstandingly remarkable resource values. For
example, the watershed includes open space and recreational
opportunities for hiking, jogging, canoeing and fishing; in
fact, the White Clay Creek is the most heavily stocked and
heavily used put-and-take trout stream in the State of
Delaware. In 2000, Public Law 106-357 designated 190 miles of
the White Clay Creek and its tributaries as components of the
National Wild and Scenic River System.
The study report also identified additional segments and
tributaries, which are the subject of S. 853, that would be
eligible and suitable for designation. These segments are
eligible and suitable because they are free-flowing streams
with outstandingly remarkable values including the Cockeysville
marble geologic formation that supports a high-yielding
aquifer, a major source of drinking water, and threatened and
endangered species including the Muhlenberg's (bog) turtle and
cerulean warbler. However, these segments were removed from
consideration because the Delaware River Basin Commission was
looking at these areas as possible locations for reservoirs
under their comprehensive plan. In addition, there was not
demonstrated municipal support for such a designation, a
requirement under the Wild and Scenic Rivers Act.
In 2007, these segments and tributaries were removed from
the comprehensive plan of the Delaware River Basin Commission.
In addition, the New Garden Township in Pennsylvania, the only
affected municipality, passed a resolution in support of the
designation. With these two issues resolved, the Department now
supports these segments, totaling nine miles, be added to the
National Wild and Scenic River System.
The Department would like to work with the committee to
make a technical correction to a map reference in Section 3 of
the bill.
This concludes my prepared remarks, Mr. Chairman. I will be
happy to answer any questions you or other committee members
may have regarding this bill.
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. 853, 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):
WILD AND SCENIC RIVERS ACT
(Public Law 90-542; Approved October 2, 1968)
[16 U.S.C 1271 et seq.]
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act be cited as 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:
* * * * * * *
(163) White Clay Creek, Delaware and Pennsylvania.--The
[190 miles] 199 miles of river segments of White Clay Creek
(including tributaries of White Clay Creek and all second order
tributaries of the designated segments) in the States of
Delaware and Pennsylvania, as depicted on [the recommended
designation and classification maps (dated June 2000)] the map
entitled ``White Clay Creek Wild and Scenic River Designated
Area Map'' and dated July 2008, the map entitled ``White Clay
Creek Wild and Scenic River Classification Map'' and dated July
2008, and the map entitled ``White Clay Creek National Wild and
Scenic River Proposed Additional designated Segments--July
2008'', to be administered by the Secretary of the Interior, as
follows:
(A) 30.8 miles of the east branch, including
Trout Run, beginning at the headwaters within
West Marlborough township downstream to a point
that is 500 feet north of the Borough of
Avondale wastewater treatment facility, as a
recreational river.
[(B) 15.0 miles of the east branch beginning
at the southern boundary line of the Borough of
Avondale to a point where the East Branch
enters New Garden Township at the Franklin
Township boundary line, including Walnut Run
and Broad Run outside the boundaries of the
White Clay Creek Preserve, as a recreational
river.]
(B) 22.4 miles of the east branch beginning
at the southern boundary line of the Borough of
Avondale, including Walnut Run, Broad Run, and
Egypt Run, outside the boundaries of the White
Clay Creek Preserve, as a recreational river.
* * * * * * *
(G) 17.2 miles of the west branch, beginning
at the headwaters within Penn township
downstream to the confluence with the middle
branch, as a recreational river.
[(H) 12.7 miles of the main stream, excluding
Lamborn Run, the 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.]
(H) 14.3 miles of the main stream, including
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.
* * * * * * *