S. 1296 (es) To designate portions of the lower Delaware River and associated tributaries as a component of the National Wild and Scenic Rivers System. [Engrossed in Senate] ...

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        S.1296

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
    To designate portions of the lower Delaware River and associated 
   tributaries as a component of the National Wild and Scenic Rivers 
                                 System.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 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;
        (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) 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. 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;
            (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 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) 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.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as are necessary 
to carry out this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

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