S. Rept. 106-207 - LOWER DELAWARE WILD AND SCENIC RIVERS ACT106th Congress (1999-2000)
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106th Congress Report
SENATE
1st Session 106-207
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LOWER DELAWARE WILD AND SCENIC RIVERS ACT
_______
November 2, 1999.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1296]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1296) to designate portions of the lower
Delaware River and associated tributaries as a component of the
National Wild and Scenic Rivers System, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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 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), 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), 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 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 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
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 isconsistent 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.
Purpose of the Measure
The purpose of S. 1296, as ordered reported, is to
designate eight segments, totaling approximately 65 miles,
along the lower Delaware River in New Jersey and Pennsylvania
and along 3 tributaries as part of the National Wild and Scenic
Rivers System. It would also allow the Secretary of the
Interior to designate an additional six segments, totaling
approximately 30 miles, once local governments pass resolutions
in favor of the designation.
Background and Need
In 1992, Public Law 102-460 directed the Secretary of the
Interior to conduct a study of the lower Delaware River and its
tributaries in New Jersey and Pennsylvania, for possible
inclusion in the Wild and Scenic Rivers System. In 1978, both
the Upper Delaware and the Middle Delaware were designated as
Wild and Scenic Rivers. The Middle Delaware National Scenic
River is within the boundaries of Delaware Water Gap National
Recreation Area. The Upper Delaware Scenic and Recreational
River is managed by the National Park Service in cooperation
with state and local governments, as well as other federal
agencies.
The Delaware River flows about 300 miles from the Catskill
Mountains to the Delaware Bay. If the lower Delaware River is
added to the Wild and Scenic Rivers system, the entire river
from Trenton, New Jersey north (with exception of a few
sections in developed areas) will be part of the national
system. The section below Trenton is included in the National
Estuary System.
The lower Delaware River is the boundary between New Jersey
and Pennsylvania. It contains numerous natural features and the
corridor includes 29 national historic districts and 8 national
historic landmarks. Popularrecreational activities include
canoeing, kayaking, tubing, birdwatching, and fishing.
Legislative History
S. 1296 was introduced by Senators Lautenberg, Torricelli
and Santorum on June 28, 1999. The subcommittee on National
Parks, Historic Preservation and Recreation held a hearing on
S. 1296 on October 13, 1999.
At its business meeting on October 20, 1999, the Committee
on Energy and Natural Resources ordered S. 1296, favorably
reported, as amended.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on October 20, 1999, by a unanimous voice vote
of a quorum present, recommends that the Senate pass S. 1296,
if amended as described herein.
Committee Amendment
During its consideration of S. 1296, the Committee adopted
an amendment in the nature of a substitute. In addition to
making several technical and conforming changes, the amendment
provides that although the river is to be administered by the
National Park Service, it is not be managed as part of the
National Park System.
Section-by-Section Analysis
Section 1 designates the bill's short title as the ``Lower
Delaware Wild and Scenic Rivers Act''.
Section 2 lists the congressional findings, including that
Public law 102-460 directed the Secretary of the Interior, in
cooperation with other organizations, to conduct a study of the
eligibility and suitability of the lower Delaware River for
inclusion in the Wild and Scenic Rivers System; during that
study, the Lower Delaware Wild and Scenic River Study Task
Force and the National Park Service prepared a 1997 management
plan entitled ``Lower Delaware River Management Plan''; and
that 24 municipalities along eligible segments of the river
passed resolutions supporting the plan and a greed to take
action to implement the goals while endorsing the designation
of the river.
Section 3 amends section 3(a) of the Wild and Scenic Rivers
Act to make conforming changes and to designate the lower
Delaware River as a component of the Wild and Scenic Rivers
System. The Lower Delaware River is to comprise eight segments
totaling 65.6 miles along the Delaware River and along portions
of Tinicum Creek, Tohickon Creek and Paunacussing Creek. Six of
the eight segments are to be administered as a recreational
river and two are to be administered as a scenic river. The
river segments are to be administered by the Secretary of the
Interior, but not as part of the National Park System.
Section 4(a) provides that the river segments are to be
managed in accordance with the Lower Delaware River Management
Plan and in cooperation with a variety of Federal, State,
regional, and local agencies.
Subsection (b) states that the management plan is
considered to satisfy the requirements for a comprehensive
management plan under section 3(d) of the Wild and Scenic
Rivers Act.
Subsection (c) spells out the roles of the Secretary of the
Interior which include review of proposed water resource
projects; the authority to enter into cooperative agreements
that may include financial or other assistance; and
theauthority to provide technical assistance, staff support and funding
to assist in the implementation of the management plan.
Subsection (d) authorizes the Secretary to provide
planning, financial, and technical assistance to local
municipalities to assist in their efforts to protect the
natural, economic, and historic resources of their river
segments. Section III of the management plan, dealing with
zoning ordinances, is cited in order to meet the standards and
requirements of section 6(c) of the Wild and Scenic Rivers Act.
Subsection (e) identifies six additional segments, totaling
about 30 miles, that are considered suitable for designation as
a recreational or scenic river, provided there is adequate
local support for the designation. Local support would include
resolutions passed by local governments. If so, the Secretary
must publish a notice in the Federal Register in order to make
the designation.
Section 5 authorizes such sums as necessary to carry out
this Act.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1296. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from
enactment of S. 1296, as ordered reported.
Executive Communications
The legislative report received by the Committee from the
Department of the Interior setting forth Executive agency
recommendation relating to the S. 1296, are set forth below:
Department of the Interior,
Office of the Secretary,
Washington, DC, October 15, 1999.
Hon. Frank Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: This letter responds to your request for
views on S. 1296, a bill to designate portions of the lower
Delaware River and associated tributaries as a component of the
National Wild and Scenic Rivers System.
The Department supports the designation of the segments of
the Lower Delaware River as identified in S. 1296 as a
component of the Wild and Scenic Rivers System. However, the
Department recommends that these segments of the Lower Delaware
River are not made a unit of the National Park System, since
that would lead to federal regulation of activities along the
river in a manner that is not necessary here and would not be
supported locally.
In October of 1992, Congress directed the National Park
Service to undertake a study of several segments of the Lower
Delaware River to determine their eligibility for inclusion in
the National Wild and Scenic Rivers System. The study was to be
done in cooperation and consultation with various federal,
state, regional, and local agencies. In addition, a river
management plan was to be prepared for a section of the Lower
Delaware.
In 1998, the National Park Service issued the ``Lower
Delaware National Wild and Scenic River Study Draft Report.''
In the study report, the NPS found that the majority of the
river segments identified in the study legislation qualified
for designation as a component of the Wild and Scenic River
System. Those segments found to qualify for designation are
reflected in S. 1296.
Because of land ownership patterns along the Lower Delaware
River, the National Park Service categorizes the Lower Delaware
as a ``private lands'' river. Five principles guided the study
of the river segments: (1) there needed to be a strong emphasis
on grass roots involvement and consensus-building in
determining whether the river segments were suitable for
designation and how they should be managed; (2) the river
management plan would be prepared during the study rather than
after designation and would be a collaborative effort of NPS,
the study task force and state and local governments; (3)
designation of river segments would only occur if strong local
support for designation existed and was expressed through
passage of support resolutions by the affected communities; (4)
existing land use patterns would be maintained and local land
use control and home rule would not be usurped; and (5) the
laws and regulations that affect the Lower Delaware River are
complex, involving two states, fifty-seven municipalities, six
counties, the Delaware River Basin Commission, and several
federal agencies. Coordination is limited, and the recommended
management strategy for the Wild and Scenic Rivers segments
must enhance cooperation and communication.
With these principles in mind, the study was undertaken and
a preferred alternative for designation and management
developed. The preferred alternative recommends designation of
eight river segments of the Lower Delaware River as a unit of
the National Wild and Scenic Rivers System and recommends that
the designated river segments be cooperatively managed by a
river management committee. Protection of the river's
outstanding resources would be based upon private, state and
local conservation measures and would not rely on federal land
acquisition or direct federal management. Strong local support
for the designation and management plan has been demonstrated
through resolutions of support adopted by the adjoining local
governments in New Jersey and Pennsylvania.
With that in mind, we recommend that S. 1296 be amended so
that the river segments shall be administered by the Secretary
but shall not be a unit of the National Park System. Such a
revision would make it very clear that the Secretary has the
administrative responsibility for oversight on the Lower
Delaware River as a component of the National Wild and Scenic.
However, the often restrictive laws and regulations that govern
the planning, management and use of units of the National Park
System would not apply to the Lower Delaware River as a
National Wild and Scenic River. This change in language is how
Congress in other cases has acted to designate as wild and
scenic those rivers that are ``private lands'' rivers.
The Department has no objection to the additional
provisions of the bill that authorize the Secretary to provide
technical assistance, staff support, and funding to assist in
the implementation of the management plan, and provide for
cooperative agreements to facilitate the long-term protection,
conservation, and enhancement of the segments. We also support
the provision that would restrict, consistent with the National
Wild and Scenic Rivers Act, water resource projects that would
have a direct and adverse effect on the value for which the
segments have been designated.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law by S.
1296, as ordered reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman);
(Public Law 90-542, October 2, 1968)
* * * * * * *
SECTION 3 OF THE WILD AND SCENIC RIVERS ACT
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the national
wild and scenic rivers system:
(1) * * *
* * * * * * *
[( )] (157) (A) Elkhorn Creek.--The 6.4 mile segment
traversing federally administered lands from that point along
the Willamette National Forest boundary on the common section
line between Sections 12 and 13, Township 9 South, Range 4
East, Willamette Meridian, to that point where the segment
leaves federal ownership along the Bureau of Land Management
boundary in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, in the following classes:
(i) a 5.8-mile wild river area, extending from that
point along the Willamette National Forest boundary on
the common section line between Sections 12 and 13,
Township 9 South, Range 4 East, Willamette Meridian, to
its confluence with Buck Creek in Section 1, Township 9
South, Range 3 East, Willamette Meridian, to be
administered as agreed on by the Secretaries of
Agriculture and the Interior, or as directed by the
President; and
(ii) a 0.6-mile scenic river area, extending from the
confluence with Buck Creek in Section 1, Township 9
South, Range 3 East, Willamette Meridian, to that point
where the segment leaves federal ownership along the
Bureau of Land Management boundary in Section 1,
Township 9 South, Range 3 East, Willamette Meridian, to
be administered by the Secretary of Interior, or as
directed by the President.
(B) Notwithstanding section 3(b) of this Act,
the lateral boundaries of both the wild river
area and the scenic river area along Elkhorn
Creek shall include an average of not more than
640 acres per mile measured from the ordinary
high water mark on both sides of the river.
[1( )] (158) Clarion River, Pennsylvania.--The 51.7-
mile segment of the main stem of the Clarion River from
the Allegheny National Forest/State Game Lands Number
44 boundary, located approximately 0.7 miles downstream
from the Ridgway Borough limit, to an unnamed tributary
in the backwaters of Piney Dam approximately 0.6 miles
downstream from Blyson Run, to be administered by the
Secretary of Agriculture in the following
classifications:
(A) The approximately 8.6-mile segment of the
main from the Allegheny National Forest/State
Game Lands Number 44 boundary, located
approximately 0.7 miles downstream from the
Ridgway Borough limit, to Portland Mills, as a
recreational river.
(B) The approximately 8-mile segment of the
main stem from Portland Mills to the Allegheny
National Forest boundary, located approximately
0.8 miles downstream from Irwin Run, as a
scenic river.
(C) The approximately 26-mile segment of the
main stem from the Allegheny National Forest
boundary, located approximately 0.8 miles
downstream from Irwin Run, to the State Game
Lands 283 boundary, located approximately 0.9
miles downstream from the Cooksburg bridge, as
a recreational river.
(D) The approximately 9.1-mile segment of the
main stem from the State Game Lands 283
boundary, located approximately 0.9 miles
downstream from the Cooksburg bridge, to an
unnamed tributary at the backwaters of Piney
Dam, located approximately 0.6 miles downstream
from Blyson run, as a scenic river.
[( )] (159) Lamprey River, New Hampshire.--The 11.5 mile
segment extending from the southern Lee town line to the
confluence with the Piscassic River in the vicinity of the
Durham Newmarket town line (hereinafter in this paragraph
referred to as the ``segment'') as a recreational river. The
segment shall be administered by the Secretary of the Interior
through cooperation agreements between the Secretary and the
State of New Hampshire and its relevant political subdivisions,
namely the towns of Durham, Lee, and Newmarket, pursuant to
section 10(e) of this Act. The segment shall be managed in
accordance with the Lamprey River Management Plan dated January
10, 1995, and such amendments thereto as the Secretary of the
Interior determines are consistent with this Act. Such plan
shall be deemed to satisfy the requirements for a comprehensive
management plan pursuant to section 3(d) of this Act.
[( ) (160) (A) Elkhorn Creek.--The 6.4-mile segment
traversing federally administered lands from that point along
the Williamette National Forest boundary on the common section
line between Section 12 and 13, Township 9 South, Range 4 East,
Williamette Meridian, to that point where the segment leaves
Federal ownership along the Bureau of Land Management boundary
in Section 1, Township 9 South, Range 3 East, Willamette
Meridian, in the following classes:
[(i) a 5.8-mile wild river area, extending from the
point along the Willamette National Forest boundary on
the common section line between Sections 12 and 13,
Township 9 South Range 4 East, Willamette Meridian, to
its confluence with Buck Creek in Section 1, Township 9
South, Range 3 East, Willamette Meridian, to be
administered as agreed on by the Secretaries of
Agriculture and the Interior, or as directed by the
President; and
[(ii) a 0.6-mile scenic river area, extending from the
confluence with Buck Creek in Section 1, Township 9
South, Range 3 East, Willamette Meridian, to that point
where the segment leaves Federal ownership along the Bureau
of Land Management boundary in Section 1, Township 9 South,
Range 3 East, Willamette Meridian, to be administered by
the Secretary of the Interior, or as directed by the President.
[(B) Notwithstanding section 3(b) of this Act, the lateral
boundaries of both the wild river area and the scenic river
area along Elkhorn Creek shall include an average of not more
than 640 acres per mile measured from the ordinary high water
mark on both sides of the river.
[(b) The agency charged with the administration of each
component of the national wild and scenic rivers system
designated by subsection (a) of this section shall, within one
year from the date of designation of such component under
subsection (a) (except where a different date if provided in
subsection (a)), establish detailed boundaries therefor (which
boundaries shall include an average of not more than 320 acres
of land per mile measured from the ordinary high water mark on
both sides of the river); and determine which of the classes
outlined in section 2, subsection (b), of this Act best fit the
river or its various segments.
[Notice of the availability of the boundaries and
classification, and of subsequent boundary amendments shall be
published in the Federal Register and shall not become
effective until ninety days after they have been forwarded to
the President of the Senate and the Speaker of the House of
Representatives.
[(c) Maps of all boundaries and descriptions of the
classifications of designated river segments, and subsequent
amendments to such boundaries, shall be available for public
inspection in the offices of the administering agency in the
District of Columbia and in locations convenient to the
designated river.
[(d)(1) For rivers designated on or after January 1, 1986,
the Federal agency charged with the administration of each
component of the National Wild and Scenic Rivers System shall
prepare a comprehensive management plan for such river segment
to provide for the protection of the river values. The plan
shall address resource protection, development of lands and
facilities, user capacities, and other management practices
necessary or desirable to achieve the purposes of this Act. The
plan shall be coordinated with and may be incorporated into
resource management planning for affected adjacent Federal
lands. The plan shall be prepared, after consultation with
State and local governments and the interested public within 3
full fiscal years after the date of designation. Notice of the
completion and availability of such plans shall be published in
the Federal Register.
[(2) For rivers designated before January 1, 1986, all
boundaries, classifications, and plans shall be reviewed for
conformity within the requirements of this subsection within 10
years through regular agency planning processes.
[(161)] (160) Sudbury, Assabet, and Concord Rivers,
Massachusetts.--(A) The 29 miles of river segments in
Massachusetts, as follows:
(i) The 14.9-mile segment of the Sudbury River
beginning at the Danforth Street Bridge in the town of
Framingham, downstream to the Route 2 Bridge in
Concord, as a scenic river.
(ii) The 1.7-mile segment of the Sudbury River from
the Route 2 Bridge downstream to its confluence with
the Assabet River at Egg Rock, as a recreational river.
(iii) The 4.4-mile segment of the Assabet River
beginning 1,000 feet downstream from the Damon Mill Dam
in the town of Concord, to its confluence with the
Sudbury River at Egg Rock in Concord; as a recreational
river.
(iv) the 8-mile segment of the Concord River from Egg
Rock at the confluence of the Sudbury and Assabet
Rivers downstream to the Route 3 Bridge in the town of
Billerica, as a recreational river.
(B) The segments referred to in subparagraph (A) shall be
administered by the Secretary of the Interior in cooperation
with the SUASCO River Stewardship Council provided for in the
plan referred to in subparagraph (C) through cooperative
agreements under section 10(e) between the Secretary and the
Commonwealth of Massachusetts and its relevant political
subdivisions (including the towns of Framingham, Wayland,
Sudbury, Lincoln, Concord, Carlisle, Bedford, and Billerica).
(C) The segments referred to in subparagraph (A) shall be
managed in accordance with the plan entitled ``Sudbury, Assabet
and Concord Wild and Scenic Rivers Study, River Conservation
Plan'', dated March 16, 1995. The plan is deemed to satisfy the
requirement for a comprehensive management plan under
subsection (d) of this section.
(16) 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), 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), 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.
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