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Pub.L. 106-419 To amend title 38, United States <
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[[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.

[[Page 114 STAT. 1821]]

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:
---------------------------------------------------------------------------

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.

                                  <all>

Pages: 1

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