[106th Congress Public Law 418]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ418.106]
[[Page 114 STAT. 1817]]
Public Law 106-418
106th Congress
An Act
To designate portions of the lower Delaware River and associated
tributaries as a component of the National Wild and Scenic Rivers
System. <<NOTE: Nov. 1, 2000 - [S. 1296]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Lower Delaware Wild and
Scenic Rivers Act. 16 USC 1271 note.>> 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;
[[Page 114 STAT. 1818]]
(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) <<NOTE: New Jersey. Pennsylvania.>> 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 miles),
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 miles), 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. <<NOTE: 16 USC 1274 note.>> 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;
[[Page 114 STAT. 1819]]
(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
[[Page 114 STAT. 1820]]
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) <<NOTE: Federal Register, publication.>> 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.
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SEC. <<NOTE: 16 USC 1274 note.>> 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as are necessary to
carry out this Act.
Approved November 1, 2000.
LEGISLATIVE HISTORY--S. 1296:
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SENATE REPORTS: No. 106-207 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Nov. 19, considered and passed
Senate.
Vol. 146 (2000):
Oct. 17, considered and passed
House.
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