[House Report 106-813]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-813
======================================================================
WHITE CLAY CREEK WILD AND SCENIC RIVERS SYSTEM ACT
_______
September 6, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3520]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3520) to designate segments and tributaries of White Clay
Creek, Delaware and Pennsylvania, 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 all after the enacting clause and insert the
following:
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 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:
``(162) White Clay Creek, Delaware and Pennsylvania.--The 190 miles
of river segments of White Clay Creek (including tributaries of White
Clay Creek and all second order tributaries of the designated segments)
in the States of Delaware and Pennsylvania, as depicted on the
recommended designation and classification maps (dated June 2000), to
be administered by the Secretary of the Interior, as follows:
``(A) 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.
``(B) 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.
``(C) 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.
``(D) 6.8 miles of the middle branch, beginning at the
headwaters within Londonderry township downstream to a point
that is 500 feet north of the Borough of West Grove wastewater
treatment facility, as a recreational river.
``(E) 14 miles of the middle branch, beginning at a point
that is 500 feet south of the Borough of West Grove wastewater
treatment facility downstream to the boundary of the White Clay
Creek Preserve in London Britain township, as a recreational
river.
``(F) 2.1 miles of the middle branch that flow within the
boundaries of the White Clay Creek Preserve in London Britain
township, as a scenic river.
``(G) 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.
``(H) 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.
``(I) 5.4 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 northern boundary of
the city of Newark, Delaware, as a recreational river.
``(J) 16.8 miles of the main stem beginning at Paper Mill
Road downstream to the Old Route 4 bridge, as a recreational
river.
``(K) 4.4 miles of the main stem beginning at the southern
boundary of the property of the corporation known as United
Water Delaware downstream to the confluence of White Clay Creek
with the Christina River, as a recreational river.
``(L) 1.3 miles of Middle Run outside the boundaries of the
Middle Run Natural Area, as a recreational river.
``(M) 5.2 miles of Middle Run that flow within the boundaries
of the Middle Run Natural Area, as a scenic river.
``(N) 15.6 miles of Pike Creek, as a recreational river.
``(O) 38.7 miles of Mill Creek, as a recreational river.''.
SEC. 4. BOUNDARIES.
With respect to each of the segments of White Clay Creek and its
tributaries designated by the amendment made by section 3, in lieu of
the boundaries provided for in section 3(b) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(b)), the boundaries of the segment shall be
250 feet as measured from the ordinary high water mark on both sides of
the segment.
SEC. 5. ADMINISTRATION.
(a) By Secretary of the Interior.--The segments designated by the
amendment made by section 3 shall be administered by the Secretary of
the Interior (referred to in this Act 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 Creek and Its Tributaries Watershed Management Plan'' and dated
May 1998 (referred to in this Act as the ``Management Plan'').
(b) Requirement for Comprehensive Management Plan.--The Management
Plan shall be considered 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)).
(c) Cooperative Agreements.--In order to provide for the long-term
protection, preservation, and enhancement of the segments designated by
the amendment made by section 3, the Secretary shall offer to enter
into a cooperative agreement pursuant to sections 10(c) and 11(b)(1) of
the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the
White Clay Creek Watershed Management Committee as provided for in the
Management Plan.
SEC. 6. FEDERAL ROLE IN MANAGEMENT.
(a) In General.--The Director of the National Park Service (or a
designee) shall represent the Secretary in the implementation of the
Management Plan, this Act, and the Wild and Scenic Rivers Act with
respect to each of the segments designated by the amendment made by
section 3, 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 segment is designated.
(b) Assistance.--To assist in the implementation of the Management
Plan, this Act, and the Wild and Scenic Rivers Act with respect to each
of the segments designated by the amendment made by section 3, 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 designated by the amendment
made 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) 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 the amendment made by section 3 that is not in the
National Park System as of the date of the enactment of this Act shall
not, under this Act--
(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.
SEC. 7. STATE REQUIREMENTS.
State and local zoning laws and ordinances, as in effect on the date
of the 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)) with respect to the segment designated
by the amendment made by section 3.
SEC. 8. 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 along the
segments designated by the amendment made by section 3 for the purpose
of carrying out the amendment or this Act.
Purpose of the Bill
The purpose of H.R. 3520 is to designate segments and
tributaries of White Clay Creek, Delaware and Pennsylvania, as
a component of the National Wild and Scenic Rivers System.
Background and Need for Legislation
White Clay Creek is the watershed for more than 69,000
acres in southeastern Pennsylvania and northwestern Delaware,
eventually draining into the Christina River and hence to the
Delaware River. In 1991 the White Clay Creek Study Act (Public
Law 102-215) was passed which directed the National Park
Service (NPS) to prepare a study of the eligibility and
suitability of White Clay Creek as a Wild and Scenic River.
This law also directed the NPS and White Clay Creek Study Task
Force to develop a watershed management plan for the area.
White Clay Creek is an important source of drinking water and
also contains recreational, cultural, and scenic resources.
Although much of the land around these segments is privately
owned, surveys by private property owners have indicated
general support for this legislation. Furthermore, all of the
15 local governmental entities within the watershed have passed
resolutions supporting the designation and implementation of
the management plan.
H.R. 3520 would designate segments and tributaries of the
White Clay Creek (approximately 191 miles of river), in the
States of Delaware and Pennsylvania, as a component of the
National Wild and Scenic Rivers System. This bill provides that
24 miles of rivers would be designated as scenic while the
other 167 miles would be designated as recreational. When
designated, the watershed would be permanently protected from
federally-licensed or assisted dams, diversions,
channelizations, and other water projects that would have a
direct and adverse effect on the rivers' free-flowing condition
and special resources.
A study done by the NPS in 1999 recommended the boundaries
of these segments be established at the highest of either the
500-year floodplain or 250 feet from the ordinary high water
mark. H.R. 3520 would implement this recommendation. H.R. 3520
also assures that the federal government cannot acquire land or
interests for the purposes of this bill.
H.R. 3520 provides that two segments, Churchman's Marsh and
Lamborn Run, and associated properties (including intake
structures and pipelines for the proposed Thompson's Station
Reservoir) will only be considered for designation pending the
completion of the reservoir comprehensive plan. If the plan
removes these segments from the reservoir consideration, then
they would be eligible for designation. H.R. 3520 also
specifies that the watershed management plan, completed in
1998, would suffice as the comprehensive management plan
required under section (d) of the Wild and Scenic Rivers Act
(Public Law 90-542).
Committee Action
H.R. 3520 was introduced by Congressman Joseph Pitts (R-PA)
on January 24, 2000. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On June 8, 2000, the
Subcommittee held a hearing on the bill. On June 22, 2000, the
Subcommittee met to consider the bill. An amendment in the
nature of a substitute was offered by Congressman Joel Hefley
(R-CO). The amendment removed the 500-year floodplain
requirement and segments that are not currently eligible. The
amendment was adopted by voice vote and the bill, as amended,
was ordered favorably reported to the Resources Committee by
voice vote. On July 26, 2000, the Resources Committee met to
consider the bill. No further amendments were offered and the
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 2, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3520, the White
Clay Creek Wild and Scenic Rivers System Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Steven M. Lieberman
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3520--White Clay Creek Wild and Scenic Rivers System Act
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 3520 would cost the federal
government $150,000 annually beginning in fiscal year 2001.
Because the bill would not affect direct spending or receipts,
pay-as-you-go procedures would not apply. H.R. 3520 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no significant
costs on state, local, or tribal governments.
H.R. 3520 would designate several segments of the White
Clay Creek in Delaware and Pennsylvania as recreational or
scenic rivers under the Wild and Scenic Rivers Act. The bill
also would direct the National Park Service to offer technical
or financial assistance to the White Clay Creek Watershed
Management Committee to implement a management plan for the
newly designated river segments. Such aid could not exceed
$150,000 annually.
On April 11, 2000, CBO transmitted a cost estimate for S.
1849, similar legislation as ordered reported by the Senate
Committee on Energy and Natural Resources on April 5, 2000. The
two bills are substantively the same, and the cost estimates
are identical.
The CBO staff contact is Megan Carroll. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local, or Tribal Law
This bill is not intended to preempt State, local, or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as 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):
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) * * *
* * * * * * *
(162) White Clay Creek, Delaware and Pennsylvania.--The 190
miles of river segments of White Clay Creek (including
tributaries of White Clay Creek and all second order
tributaries of the designated segments) in the States of
Delaware and Pennsylvania, as depicted on the recommended
designation and classification maps (dated June 2000), to be
administered by the Secretary of the Interior, as follows:
(A) 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.
(B) 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.
(C) 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.
(D) 6.8 miles of the middle branch, beginning at the
headwaters within Londonderry township downstream to a
point that is 500 feet north of the Borough of West
Grove wastewater treatment facility, as a recreational
river.
(E) 14 miles of the middle branch, beginning at a
point that is 500 feet south of the Borough of West
Grove wastewater treatment facility downstream to the
boundary of the White Clay Creek Preserve in London
Britain township, as a recreational river.
(F) 2.1 miles of the middle branch that flow within
the boundaries of the White Clay Creek Preserve in
London Britain township, as a scenic river.
(G) 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.
(H) 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.
(I) 5.4 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 northern boundary of the city of
Newark, Delaware, as a recreational river.
(J) 16.8 miles of the main stem beginning at Paper
Mill Road downstream to the Old Route 4 bridge, as a
recreational river.
(K) 4.4 miles of the main stem beginning at the
southern boundary of the property of the corporation
known as United Water Delaware downstream to the
confluence of White Clay Creek with the Christina
River, as a recreational river.
(L) 1.3 miles of the Middle Run outside the
boundaries of the Middle Run Natural Area, as a
recreational river.
(M) 5.2 miles of the Middle Run that flow within the
boundaries of the Middle Run Natural Area, as a scenic
river.
(N) 15.6 miles of Pipe Creek, as a recreational
river.
(O) 38.7 miles of Mill Creek, as a recreational
river.
* * * * * * *