[Senate Report 113-31]
[From the U.S. Government Publishing Office]
Calendar No. 62
113th Congress Report
SENATE
1st Session 113-31
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WHITE CLAY CREEK WILD AND SCENIC RIVER ADDITION
_______
April 22, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 393]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 393) to designate additional segments and
tributaries of White Clay Creek, in the States of Delaware and
Pennsylvania, as a component of the National Wild and Scenic
Rivers System, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose
The purpose of S. 393 is to designate approximately 9.9
miles of additional segments and tributaries of White Clay
Creek, in the States of Delaware and Pennsylvania, as a
component of the National Wild and Scenic Rivers System.
Background and Need
The White Clay Creek watershed is located between the urban
regions of New York and Washington, D.C., and covers
approximately 107 square miles and drains over 69,000 acres in
Delaware and Pennsylvania. Of those 69,000 acres, 5,000 acres
are public lands owned by state and local governments, and the
rest is privately owned.
In 1991, Public Law 102-215 directed the Secretary of the
Interior to conduct a study of the eligibility and suitability
of including White Clay Creek and its tributaries in the States
of Delaware and Pennsylvania in the National Wild and Scenic
Rivers System (System). In 2000, Public Law 106-357 designated
190 miles of the White Clay Creek River and its tributaries in
the States of Delaware and Pennsylvania as a component of the
System. White Clay Creek became Delaware's first and only
Federally-designated Wild and Scenic River.
At the time Public Law 106-357 was enacted, the Lamborn Run
in Delaware and the East Branch and Egypt Run in Pennsylvania
were not included in the Wild and Scenic River designation. New
Garden Township in Pennsylvania passed a resolution in 2007 in
support of designation within the township and the Delaware
River Basin Commission amended its Comprehensive Water
Resources Plan by removing Lamborn Run in Delaware as a
potential water supply reservoir.
With the support of the affected local governments, S. 393
adds two additional segments to the previous White Clay Creek
Wild and Scenic River designation, which would increase the
total number of designated river miles within the watershed to
199.9 miles, an addition of 9.9 river miles.
Legislative History
S. 393 was introduced by Senators Coons and Carper on
February 27, 2013. At its business meeting on March 14, 2013,
the Committee ordered S. 393 favorably reported.
Senators Coons, Carper, and Casey introduced similar
legislation, S. 970, on May 12, 2011. The Subcommittee on
National Parks held a hearing on S. 970 on July 28, 2011 (S.
Hrg. 112-214). On November 10, 2011, the Committee ordered S.
970 favorably reported without amendment (S. Rpt. 112-121).
The Committee considered similar legislation during the
111th Congress, S. 883, sponsored by Senator Kaufman and
cosponsored by Senators Carper and Casey. The Subcommittee on
National Parks held a hearing on S. 853 on July 15, 2009 (S.
Hrg. 111-92), and the Committee ordered the bill reported with
amendments on December 16, 2009 (S. Rept. 111-134).
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on March 14, 2013, by a voice vote of a quorum
present, recommends that the Senate pass S. 393.
Section-by-Section Analysis
Section 1 contains the short title, ``White Clay Creek Wild
and Scenic River Expansion Act of 2013''.
Section 2 amends section 3(a)(163) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(163)) to designate an additional
9 miles of White Clay Creek as components of the Wild and
Scenic Rivers Systems.
Subsection (1)(B) amends the map reference to reflect the
additions.
Subsection (2) designates 22.4 miles of the east branch of
White Clay Creek beginning at the southern boundary line of the
Borough of Avondale, including Walnut Run, Broad Run, and Egypt
Run, outside the boundaries of the White Clay Creek Preserve,
as a recreational river.
Subsection (3) designates 14.3 miles of the main stem,
including Lamborn Run, which 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.
Section 3 states that sections 4 through 8 of Public Law
106-357 (16 U.S.C. 1274 note; 114 Stat. 1393), shall be
applicable to the additional segments of the White Clay Creek
designated by the amendments made by section 2. Those sections
address the administration of the designated river segments.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 393--White Clay Creek Wild and Scenic River Expansion Act of 2013
S. 393 would add 9 miles of the White Clay Creek in
Delaware and Pennsylvania to the National Wild and Scenic
Rivers System. Based on information provided by the National
Park Service, which administers the White Clay Creek unit of
the system, CBO estimates that implementing the bill would have
no significant impact on the federal budget. The affected
segments are already protected for wilderness values and would
remain in private or state hands. Enacting the bill would not
affect revenues or direct spending; therefore, pay-as-you-go
procedures do not apply.
S. 393 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Executive Communications
Executive Communications were not requested by the Senate
Committee on Energy and Natural Resources in the 113th
Congress. The following Administration testimony references
similar legislation introduced in the 112th Congress.
The testimony provided by the Department of the Interior
was included in testimony received by the Committee at a
hearing on S. 970 on July 28, 2011.
Statement of Peggy O'Dell, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee today to discuss the views of the
Department of the Interior on S. 970, a bill to amend the Wild
and Scenic Rivers Act by designating additional segments and
tributaries of the White Clay Creek in Delaware and
Pennsylvania as components of the National Wild and Scenic
Rivers System.
The Department supports enactment of this legislation with
one technical amendment.
S. 970 would amend the White Clay Creek Wild and Scenic
River designation to add nine additional miles of segments and
tributaries to the designation, to be administered by the
Secretary of the Interior (Secretary). The additional segments
and tributaries will be managed in accordance with the ``White
Clay Creek and Its Tributaries Watershed Management Plan''
(amended Summer 2001) with the Secretary coordinating the White
Clay Creek Watershed Management Committee.
In December 1991, Congress directed the National Park
Service to undertake a study of the headwaters of the White
Clay Creek in the Commonwealth of Pennsylvania to its
confluence with the Christina River in the State of Delaware.
The study was also to include the East, West, and Middle
Branches; Middle Run; Pike Creek; Mill Creek; and other
tributaries of the White Clay, as identified by the Secretary,
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 governments and affected landowners. In
addition, a river management plan was to be prepared that would
provide recommendations as to the protection and management of
the White Clay Creek and its tributaries. The plan was to
outline roles for the state and local governments and affected
landowners to play in the management of the White Clay Creek as
a designated component of the National Wild and Scenic Rivers
System.
In 1998, a watershed management plan was prepared that
contained six goals for management of the White Clay Creek and
its tributaries. These goals include improving and conserving
water quality and quantity, and conserving open space,
woodlands, wetlands, and geologic features. The plan was done
cooperatively and calls for a management framework for the
White Clay Creek and its tributaries that rely heavily on local
land use decisions.
In 1999, the National Park Service issued the ``White Clay
Creek and Its Tributaries National Wild and Scenic River Study
Draft Report.'' In the report, the National Park Service found
that the majority of the river segments identified in the study
met the eligibility requirements of the Wild and Scenic Rivers
Act by virtue of their free-flowing condition and presence of
one or more outstandingly remarkable resource values. The
watershed also includes open space and recreational
opportunities for hiking, jogging, canoeing and fishing; in
fact, the White Clay Creek is the most heavily stocked and
heavily used put-and-take trout stream in the State of
Delaware. In 2000, Public Law 106-357 designated 190 miles of
the White Clay Creek and its tributaries as components of the
National Wild and Scenic River System.
The study report also identified additional segments and
tributaries, which are the subject of S. 970, that would be
eligible and suitable for designation. These segments and
tributaries are eligible and suitable because they are free-
flowing streams with outstandingly remarkable values including
the Cockeysville marble geologic formation that supports a
high-yielding aquifer, a major source of drinking water, and
threatened and endangered species including the Muhlenberg's
(bog) turtle and cerulean warbler. However, these segments and
tributaries were removed from consideration because the
Delaware River Basin Commission was looking at these areas as
possible locations for reservoirs under their comprehensive
plan. In addition, there was not demonstrated municipal support
for such a designation.
In 2007, these segments and tributaries were removed from
the comprehensive plan of the Delaware River Basin Commission.
In addition, the New Garden Township in Pennsylvania, the only
affected municipality, passed a resolution in support of the
designation. With these two issues resolved, the Department now
supports these segments and tributaries, totaling nine miles,
be added to the National Wild and Scenic River System. The
Department would like to work with the committee to make a
technical correction to a map reference in Section 3 of the
bill.
This concludes my prepared remarks, Mr. Chairman. I will be
happy to answer any questions you or other committee members
may have regarding this bill.
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. 393.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or 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 the
enactment of S. 393, as ordered reported.
Congressionally Directed Spending
S. 393, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 393, 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):
WILD AND SCENIC RIVERS ACT
(Public Law 90-542; Approved October 2, 1968)
[16 U.S.C. 1271 Et Seq.]
AN ACT To provide a National Wild and Scenic Rivers System, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a)
this Act be cited as 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:
* * * * * * *
(163) White clay creek, delaware and pennsylvania.--
The [190 miles] 199 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)] the map entitled
`White Clay Creek Wild and Scenic River Designated Area
Map' and dated July 2008, the map entitled `White Clay
Creek Wild and Scenic River Classification Map' and
dated July 2008, and the map entitled `White Clay Creek
National Wild and Scenic River Proposed Additional
designated Segments--July 2008', 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.]
(B) 22.4 miles of the east branch beginning
at the southern boundary line of the Borough of
Avondale, including Walnut Run, Broad Run, and
Egypt Run, outside the boundaries of the White
Clay Creek Preserve, as a recreational 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.]
(H) 14.3 miles of the main stem, including
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.
* * * * * * *