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S. 1849 (106th): White Clay Creek Wild and Scenic Rivers System Act


The text of the bill below is as of Apr 12, 2000 (Reported by Senate Committee).


S 1849 RS

Calendar No. 496

106th CONGRESS

2d Session

S. 1849

[Report No. 106-266]

To designate segments and tributaries of White Clay Creek, Delaware and Pennsylvania, as a component of the National Wild and Scenic Rivers System.

IN THE SENATE OF THE UNITED STATES

November 3, 1999

Mr. BIDEN (for himself and Mr. ROTH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

April 12, 2000

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘White Clay Creek Wild and Scenic Rivers System Act’. [<-Struck out]

[Struck out->] SEC. 2. FINDINGS. [<-Struck out]

    [Struck out->] Congress finds that-- [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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 [<-Struck out]

      [Struck out->] (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-- [<-Struck out]

        [Struck out->] (A) expressed support for the White Clay Creek Watershed Management Plan; [<-Struck out]

        [Struck out->] (B) expressed agreement to take action to implement the goals of the Plan; and [<-Struck out]

        [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 3. DESIGNATION OF WHITE CLAY CREEK. [<-Struck out]

    [Struck out->] 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: [<-Struck out]

    [Struck out->]

    ‘(161) WHITE CLAY CREEK, DELAWARE AND PENNSYLVANIA- [<-Struck out]

      [Struck out->]

      ‘(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: [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(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. [<-Struck out]

        [Struck out->]

        ‘(ix) 1.3 miles of Middle Run outside the boundaries of the Middle Run Natural Area, as a recreational river. [<-Struck out]

        [Struck out->]

        ‘(x) 5.2 miles of Middle Run that flow within the boundaries of the Middle Run Natural Area, as a scenic river. [<-Struck out]

        [Struck out->]

        ‘(xi) 15.6 miles of Pike Creek, as a recreational river. [<-Struck out]

        [Struck out->]

        ‘(xii) 38.7 miles of Mill Creek, as a recreational river. [<-Struck out]

      [Struck out->]

      ‘(B) BOUNDARIES- [<-Struck out]

        [Struck out->]

        ‘(i) IN GENERAL- Except as provided in clause (ii), action required to be taken under subsection (b) shall be taken not later than 1 year after the date of enactment of this paragraph, except that, with respect to the segments designated by subparagraph (A), in lieu of the boundaries provided for in subsection (b), the boundaries of the segments shall be the greater of-- [<-Struck out]

          [Struck out->]

          ‘(I) the 500-year floodplain; or [<-Struck out]

          [Struck out->]

          ‘(II) 250 feet as measured from the ordinary high water mark on both sides of the segment. [<-Struck out]

        [Struck out->]

        ‘(ii) EXCEPTIONS- The boundary limitations described in clause (i) are inapplicable to-- [<-Struck out]

          [Struck out->]

          ‘(I) the areas described in subparagraph (D)(i); and [<-Struck out]

          [Struck out->]

          ‘(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-- [<-Struck out]

            [Struck out->]

            ‘(aa) the City of Newark, Delaware; [<-Struck out]

            [Struck out->]

            ‘(bb) the corporation known as United Water Delaware; and [<-Struck out]

            [Struck out->]

            ‘(cc) the Borough of West Grove, Pennsylvania. [<-Struck out]

      [Struck out->]

      ‘(C) ADMINISTRATION- [<-Struck out]

        [Struck out->]

        ‘(i) IN GENERAL- The segments designated by subparagraph (A) shall be administered by the Secretary of the Interior (referred to in this paragraph as the ‘Secretary’), 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 (referred to in this paragraph as the ‘Management Plan’). [<-Struck out]

        [Struck out->]

        ‘(ii) REQUIREMENT FOR COMPREHENSIVE MANAGEMENT PLAN- The Management Plan shall be considered to satisfy the requirements for a comprehensive management plan under subsection (d). [<-Struck out]

      [Struck out->]

      ‘(D) CHURCHMAN’S MARSH, LAMBORN RUN, AND OTHER PROPERTIES- [<-Struck out]

        [Struck out->]

        ‘(i) IN GENERAL- Churchman’s Marsh, Lamborn Run, and the properties on which the intake structures and pipelines for the proposed Thompson’s Station Reservoir shall 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. [<-Struck out]

        [Struck out->]

        ‘(ii) SUBSEQUENT DESIGNATIONS- Nothing in this paragraph prohibits the designation of an area described in clause (i) as a component of the National Wild and Scenic Rivers System if, on a date after the date of enactment of this paragraph, the additional segment is determined to be suitable for such designation. [<-Struck out]

        [Struck out->]

        ‘(iii) ASSISTANCE FOR SUBSEQUENT DESIGNATIONS- The Secretary shall offer assistance to the State of Delaware and New Castle County, Delaware, if an area described in clause (i) is designated a component of the National Wild and Scenic Rivers System. [<-Struck out]

      [Struck out->]

      ‘(E) MANAGEMENT- [<-Struck out]

        [Struck out->]

        ‘(i) IN GENERAL- The segments designated by subparagraph (A) shall be managed in accordance with the Management Plan. [<-Struck out]

        [Struck out->]

        ‘(ii) FEDERAL ROLE- [<-Struck out]

          [Struck out->]

          ‘(I) IN GENERAL- 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 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). [<-Struck out]

          [Struck out->]

          ‘(II) ASSISTANCE- To assist in the implementation of the Management Plan and to carry out this paragraph, 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. [<-Struck out]

        [Struck out->]

        ‘(iii) COOPERATIVE AGREEMENTS- Any cooperative agreement entered into under section 10(e) relating to any of the segments designated by subparagraph (A)-- [<-Struck out]

          [Struck out->]

          ‘(I) shall be consistent with the Management Plan; and [<-Struck out]

          [Struck out->]

          ‘(II) may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the segments. [<-Struck out]

        [Struck out->]

        ‘(iv) STATE REQUIREMENTS- State and local zoning laws and ordinances, as in effect on the date of enactment of this paragraph, shall be considered to satisfy the standards and requirements under section 6(c). [<-Struck out]

        [Struck out->]

        ‘(v) NATIONAL PARK SYSTEM- Notwithstanding section 10(c), any portion of a segment designated by subparagraph (A) that is not in the National Park System as of the date of enactment of this paragraph shall not, under this paragraph-- [<-Struck out]

          [Struck out->]

          ‘(I) be considered a part of the National Park System; [<-Struck out]

          [Struck out->]

          ‘(II) be managed by the National Park Service; or [<-Struck out]

          [Struck out->]

          ‘(III) be subject to laws (including regulations) that govern the National Park System. [<-Struck out]

        [Struck out->]

        ‘(vi) 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 paragraph.’. [<-Struck out]

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.