Home > 106th Congressional Bills > S. 1849 (rs) To designate segments and tributaries of White Clay Creek, Delaware and Pennsylvania, as a component of the National Wild and Scenic Rivers System. [Reported in Senate] ...S. 1849 (rs) To designate segments and tributaries of White Clay Creek, Delaware and Pennsylvania, as a component of the National Wild and Scenic Rivers System. [Reported in Senate] ...
106th CONGRESS
2d Session
S. 1849
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IN THE HOUSE OF REPRESENTATIVES
May 2, 2000
Referred to the Committee on Resources
_______________________________________________________________________
AN ACT
To designate segments and tributaries of White Clay Creek, Delaware and
Pennsylvania, 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 ``White Clay Creek Wild and Scenic
Rivers System Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Public Law 102-215 (105 Stat. 1664) directed the
Secretary of the Interior, in cooperation and consultation with
appropriate State and local governments and affected
landowners, to conduct a study of the eligibility and
suitability of White Clay Creek, Delaware and Pennsylvania, and
the tributaries of the creek for inclusion in the National Wild
and Scenic Rivers System;
(2) as a part of the study described in paragraph (1), the
White Clay Creek Study Wild and Scenic Study Task Force and the
National Park Service prepared a watershed management plan for
the study area entitled ``White Clay Creek and Its Tributaries
Watershed Management Plan'', dated May 1998, that establishes
goals and actions to ensure the long-term protection of the
outstanding values of, and compatible management of land and
water resources associated with, the watershed; and
(3) after completion of the study described in paragraph
(1), Chester County, Pennsylvania, New Castle County, Delaware,
Newark, Delaware, and 12 Pennsylvania municipalities located
within the watershed boundaries passed resolutions that--
(A) expressed support for the White Clay Creek
Watershed Management Plan;
(B) expressed agreement to take action to implement
the goals of the Plan; and
(C) endorsed the designation of the White Clay
Creek and the tributaries of the creek for inclusion in
the National Wild and Scenic Rivers System.
SEC. 3. DESIGNATION OF WHITE CLAY CREEK.
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:
``(161) White clay creek, delaware and pennsylvania.--
``(A) Segments.--The 191 miles of river segments of White
Clay Creek (including tributaries of the Creek and all second
order tributaries of the designated segments) in the States of
Delaware and Pennsylvania (referred to in this paragraph as the
`Creek'), as depicted on the recommended designation and
classification maps, as follows:
``(i) 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.
``(ii) 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.
``(iii) 4.0 miles of the east branch that flow
through the boundaries of the White Clay Creek
Preserve, Pennsylvania, beginning at the northern
boundary line of London Britain township and downstream
to the confluence of the middle and east branches, as a
scenic river.
``(iv) 20.9 miles of the middle branch, beginning
at the headwaters within Londonderry township
downstream to the boundary of the White Clay Creek
Preserve in London Britain township, as a recreational
river.
``(v) 2.1 miles of the west branch that flow within
the boundaries of the White Clay Creek Preserve in
London Britain township, as a scenic river.
``(vi) 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.
``(vii) 12.7 miles of the main stem, excluding
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.
``(viii) 27.5 miles of the main stem (including all
second order tributaries outside the boundaries of the
White Clay Creek Preserve and White Clay Creek State
Park), beginning at the confluence of the east and
middle branches in London Britain township,
Pennsylvania, downstream to the confluence of the White
Clay Creek with the Christina River, as a recreational
river.
``(ix) 1.3 miles of Middle Run outside the
boundaries of the Middle Run Natural Area, as a
recreational river.
``(x) 5.2 miles of Middle Run that flow within the
boundaries of the Middle Run Natural Area, as a scenic
river.
``(xi) 15.6 miles of Pike Creek, as a recreational
river.
``(xii) 38.7 miles of Mill Creek, as a recreational
river.
``(B) Boundaries.--
``(i) In general.--Except as provided in clause
(ii), in lieu of the boundaries provided for in
subsection (b), the boundaries of the segments shall be
the greater of--
``(I) the 500-year floodplain; or
``(II) 250 feet as measured from the
ordinary high water mark on both sides of the
segment.
``(ii) Exceptions.--The boundary limitations
described in clause (i) are inapplicable to--
``(I) the areas described in section 4(a)
of the White Clay Creek Wild and Scenic Rivers
Act; and
``(II) the properties, as generally
depicted on the map entitled `White Clay Creek
Wild and Scenic River Study Area Recommended
Designated Area', dated June 1999, on which are
located the surface water intakes and water
treatment and wastewater treatment facilities
of--
``(aa) the city of Newark,
Delaware;
``(bb) the corporation known as
United Water Delaware; and
``(cc) the borough of West Grove,
Pennsylvania.
``(C) Administration.--
``(i) In general.--The segments designated by
subparagraph (A) shall be administered by the Secretary
of the Interior, in cooperation with the White Clay
Creek Watershed Management Committee as provided for in
the plan prepared by the White Clay Creek Wild and
Scenic Study Task Force and the National Park Service,
entitled `White Clay and Its Tributaries Watershed
Management Plan' and dated May 1998.''.
SEC. 4. SUBSEQUENT DESIGNATIONS.
(a) In General.--Churchman's Marsh, Lamborn Run, and the properties
on which the intake structures and pipelines for the proposed
Thompson's Station Reservoir may be located shall be considered
suitable for designation as components of the National Wild and Scenic
Rivers System only at such time as those areas are removed from
consideration as locations for the reservoir under the comprehensive
plan of the Delaware River Basin Commission.
(b) Assistance for Subsequent Designations.--The Secretary of the
Interior (hereinafter referred to as the ``Secretary'') shall offer
assistance to the State of Delaware and New Castle County, Delaware, if
an area described in subsection (a) is designated a component of the
National Wild and Scenic Rivers System.
SEC. 5. MANAGEMENT.
(a) In General.--In order to provide for the long-term protection,
preservation, and enhancement of White Clay Creek and its tributaries,
the Secretary shall offer to enter into cooperative agreements pursuant
to section 10(e) and section 11(b)(1) of the Wild and Scenic Rivers Act
(16 U.S.C. 1281(e) and 16 U.S.C. 1282(b)(1)) with the White Clay Creek
Watershed Management Committee as provided for in the plan entitled
``White Clay Creek and its Tributaries Watershed Management Plan'' and
dated May, 1998 (hereinafter referred to as the ``management plan'').
(b) Federal Role.--(1) The Director of the National Park Service
(or a designee) shall represent the Secretary in the implementation of
the management plan and this paragraph (including the review, required
under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1278(a)), of proposed federally assisted water resources projects that
could have a direct and adverse effect on the values for which the
segments were designated and authorized).
(2) To assist in the implementation of the management plan and to
carry out this Act, the Secretary may provide technical assistance,
staff support, and funding at a cost to the Federal Government in an
amount, in the aggregate, of not to exceed $150,000 for each fiscal
year.
(c) 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 any of the segments designed by section 3--
(1) shall be consistent with the management plan; and
(2) may include provisions for financial or other
assistance from the United States to facilitate the long-term
protection, conservation, and enhancement of the segments.
(d) Comprehensive Management Plan.--The management plan shall be
deemed to satisfy the requirements for a comprehensive management plan
under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)).
(e) State Requirements.--State and local zoning laws and
ordinances, as in effect on the date of enactment of this Act, 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)).
(f) National Park System.--Notwithstanding section 10(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a
segment designated by section 3 that is not in the National Park System
as of the date of enactment of this Act shall not--
(1) be considered a part of the National Park System;
(2) be managed by the National Park Service; or
(3) be subject to laws (including regulations) that govern
the National Park System.
(g) No Land Acquisition.--The Federal Government shall not acquire,
by any means, any right or title in or to land, any easement, or any
other interest for the purpose of carrying out this Act.
Passed the Senate April 13, 2000.
Attest:
GARY SISCO,
Secretary.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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