[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 3363

Public Law 109-452
109th Congress

An Act


 
To amend the Wild and Scenic Rivers Act to designate portions of the
Musconetcong River in the State of New Jersey as a component of the
National Wild and Scenic Rivers System, and for other
purposes.  NOTE: Dec. 22, 2006 -  [S. 1096]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  NOTE: Musconetcong
Wild and Scenic Rivers Act.

SECTION 1.  NOTE: 16 USC 1271 note.  SHORT TITLE.

This Act may be cited as the ``Musconetcong Wild and Scenic Rivers
Act''.

SEC. 2. FINDINGS.

Congress finds that--
(1) the Secretary of the Interior, in cooperation and
consultation with appropriate Federal, State, regional, and
local agencies, is conducting a study of the eligibility and
suitability of the Musconetcong River in the State of New Jersey
for inclusion in the Wild and Scenic Rivers System;
(2) the Musconetcong Wild and Scenic River Study Task Force,
with assistance from the National Park Service, has prepared a
river management plan for the study area entitled ``Musconetcong
River Management Plan'' and dated April 2003 that establishes
goals and actions to ensure long-term protection of the
outstanding values of the river and compatible management of
land and water resources associated with the Musconetcong River;
and
(3) 13 municipalities and 3 counties along segments of the
Musconetcong River that are eligible for designation have passed
resolutions in which the municipalities and counties--
(A) express support for the Musconetcong River
Management Plan;
(B) agree to take action to implement the goals of
the management plan; and
(C) endorse designation of the Musconetcong River as
a component of the Wild and Scenic Rivers System.

SEC. 3.  NOTE: 16 USC 1274 note.  DEFINITIONS.

In this Act:
(1) Additional river segment.--The term ``additional river
segment'' means the approximately 4.3-mile Musconetcong River
segment designated as ``C'' in the management plan, from
Hughesville Mill to the Delaware River Confluence.
(2) Management plan.--The term ``management plan'' means the
river management plan prepared by the Musconetcong River
Management Committee, the National

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120 STAT. 3364

Park Service, the Heritage Conservancy, and the Musconetcong
Watershed Association entitled ``Musconetcong River Management
Plan'' and dated April 2003 that establishes goals and actions
to--
(A) ensure long-term protection of the outstanding
values of the river segments; and
(B) compatible management of land and water
resources associated with the river segments.
(3) River segment.--The term ``river segment'' means any
segment of the Musconetcong River, New Jersey, designated as a
scenic river or recreational river by section 3(a)(167) of the
Wild and Scenic Rivers Act (as added by section 4).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

SEC. 4. DESIGNATION OF PORTIONS OF MUSCONETCONG RIVER, NEW JERSEY, AS
SCENIC AND RECREATIONAL RIVERS.

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:
``(167) Musconetcong river, new jersey.--
``(A) Designation.--The 24.2 miles of river segments in New
Jersey, consisting of--
``(i) the approximately 3.5-mile segment from Saxton
Falls to the Route 46 bridge, to be administered by the
Secretary of the Interior as a scenic river; and
``(ii) the approximately 20.7-mile segment from the
Kings Highway bridge to the railroad tunnels at
Musconetcong Gorge, to be administered by the Secretary
of the Interior as a recreational river.
``(B) Administration.--Notwithstanding section 10(c), the
river segments designated under subparagraph (A) shall not be
administered as part of the National Park System.''.

SEC. 5.  NOTE: 16 USC 1274 note.  MANAGEMENT.

(a) Management Plan.--
(1) In general.--The Secretary shall manage the river
segments in accordance with the management plan.
(2) Satisfaction of requirements for plan.--The management
plan shall be considered to satisfy the requirements for a
comprehensive management plan for the river segments under
section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)).
(3) Restrictions on water resource projects.--For purposes
of determining whether a proposed water resources project would
have a direct and adverse effect on the values for which a river
segment is designated as part of the Wild and Scenic Rivers
System under section 7(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1278(a)), the Secretary shall consider the extent to
which the proposed water resources project is consistent with
the management plan.
(4) Implementation.--The Secretary may provide technical
assistance, staff support, and funding to assist in the
implementation of the management plan.

(b) Cooperation.--
(1) In general.--The Secretary shall manage the river
segments in cooperation with appropriate Federal, State,
regional, and local agencies, including--
(A) the Musconetcong River Management Committee;

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120 STAT. 3365

(B) the Musconetcong Watershed Association;
(C) the Heritage Conservancy;
(D) the National Park Service; and
(E) the New Jersey Department of Environmental
Protection.
(2) 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 a river segment--
(A) shall 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 river segment.

(c) Land Management.--
(1) In general.--The Secretary may provide planning,
financial, and technical assistance to local municipalities and
nonprofit organizations to assist in the implementation of
actions to protect the natural and historic resources of the
river segments.
(2) Plan requirements.--After adoption of recommendations
made in section IV 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)).

(d) Designation of Additional River Segment.--
(1) Finding.--Congress finds that the additional river
segment is suitable for designation as a recreational river if
the Secretary determines that there is adequate local support
for the designation of the additional river segment in
accordance with paragraph (3).
(2) Designation and administration.--If the Secretary
determines that there is adequate local support for designating
the additional river segment as a recreational river--
(A)  NOTE: Federal Register,
publication. Notice.  the Secretary shall publish in
the Federal Register notice of the designation of the
segment;
(B) the segment shall be designated as a
recreational river in accordance with the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.); and
(C) the Secretary shall administer the additional
river segment as a recreational river.
(3) Criteria for local support.--In determining whether
there is adequate local support for the designation of the
additional river segment, the Secretary shall consider the
preferences of local governments expressed in resolutions
concerning designation of the additional river segment.

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120 STAT. 3366

(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act and the
amendments made by this Act.

Approved December 22, 2006.

LEGISLATIVE HISTORY--S. 1096 (H.R. 1307):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-427 accompanying H.R. 1307 (Comm. on Resources).
SENATE REPORTS: No. 109-193 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
Dec. 16, considered and passed
Senate.
Vol. 152 (2006):
Dec. 8, considered and passed House.