[Senate Report 109-193]
[From the U.S. Government Publishing Office]
Calendar No. 311
109th Congress Report
SENATE
1st Session 109-193
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MUSCONETCONG WILD AND SCENIC RIVERS ACT
_______
December 8, 2005.--Ordered to be printed
Filed under authority of the order of the Senate of November 18, 2005
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1096]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1096) to amend the Wild and Scenic Rivers
Act to designate portions of the Musconetcong River in the
State of New Jersey as a component of the National Wild and
Scenic Rivers System, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
Purpose of the Measure
The purpose of S. 1096 is to amend the Wild and Scenic
Rivers Act to designate approximately 24 miles of the
Musconetcong River in the State of New Jersey as a component of
the National Wild and Scenic Rivers System.
Background and Need
The Musconetcong River Valley watershed is a 158 square
mile area within the Highlands region province of New Jersey.
The Highlands (a large area of relatively pristine forest)
provides the water supply source for the State's major urban
areas and the river's recreational and historic resources are
important to the local economy. The Musconetcong River Valley
features a diverse array of farms, hamlets, villages, and
secluded natural areas. State, county, and local parklands
within the river corridor provide opportunities for hiking,
fishing, canoeing, camping, nature study, and other outdoor
activities.
The Musconetcong River and its tributaries support wild
trout populations and are regionally important trout fishing
streams. This river corridor has been a priority for the Green
Acres program of New Jersey for the last decade, with a
specific goal of creating a greenway along the river.
Local support for this legislation has been widespread. The
Musconetcong Watershed Association has provided assistance in
the completion of two reports: The Musconetcong Wild and Scenic
Rivers Eligibility Report and the Musconetcong River Management
Plan. The reports determined that 28.5 miles of the
Musconetcong River are suitable for designation as a
Recreational and Scenic River as part of the Wild and Scenic
Rivers System.
Legislative History
S. 1096 was introduced by Senators Corzine and Lautenberg
on May 23, 2005. The Subcommittee on National Parks held a
hearing on S. 1096 on September 22, 2005.
At its business meeting on November 16, 2005, the Committee
on Energy and Natural Resources ordered S. 1096 favorably
reported without amendment.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on November 16, 2005, by a unanimous voice of
a quorum present, recommends that the Senate pass S. 1096.
Section-by-Section Analysis
Section 1 entitles the bill ``Musconetcong Wild and Scenic
Rivers Act.''
Section 2 sets forth congressional findings.
Section 3 defines key terms.
Section 4 amends the Wild and Scenic Rivers Act to
designate a 3.5 mile segment from Saxton Falls to the Route 46
bridge of the Musconetcong River as a Scenic River, and a 20.7
mile segment from the Kings Highway bridge to the railroad
tunnels at Musconetcong Gorge, as a Recreational River, both to
be administered by the Secretary of the Interior. The section
provides that the segments shall not be administered as part of
the National Park System.
Section 5(a) directs the Secretary of the Interior to
manage the river segments in accordance with the river
management plan. The satisfaction of requirements for the plan
shall be a comprehensive management plan as defined under
section 3 (d) of the Wild and Scenic Rivers Act. The Secretary
shall consider water resource projects which may have a direct
and adverse effect on the values of the rivers segments to the
extent each project is consistent with the management plan. The
Secretary may provide technical assistance, staff support and
funding to assist in implementing the plan.
Subsection (b) lists the agencies and entities the
Secretary shall cooperate with in management of the river
segments and further clarifies specifics pertinent to
cooperative agreements including consistency with the
management plan and provisions for financial and other
assistance for long-term protection, conservation and
enhancement of the river segments.
Subsection (c) outlines the Secretary's role regarding land
management. The Secretary may provide planning, financial, and
technical assistance to local municipalities and nonprofit
organizations to assist in the implementation of actions to
protect natural and historic resources of the river segments.
Subsection (d) states that Congress finds an additional
segment of the Musconetcong Rivers is suitable for designation
as a recreational river if the Secretary determines that there
is adequate local support for the designation based on
preferences of local governments expressed in resolutions.
Subsection (e) authorizes appropriations as necessary to
carry out this Act.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
November 23, 2005.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Cngressional Budget Office has
prepared the enclosed cost estimate for S. 1096, the
Musconetcong Wild and Scenic Rivers Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas Holtz-Eakin.
Enclosure.
S. 1096--Musconetcong Wild and Scenic Rivers Act
S. 1096 would designate 24.2 miles of segments of the
Musconetcong River in New Jersey as scenic and recreational
rivers under the Wild and Scenic Rivers Act. The bill would
designate 4.3 additional miles of that river as a recreational
river if the Secretary of the Interior finds sufficient local
support for such a designation. Based on information from the
Department of the Interior, CBO estimates that the proposed
designations would not significantly affect the agency's
administrative or land-management costs, which are subject to
appropriation. Enacting S. 1096 would not affect direct
spending or revenues.
The legislation 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 Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
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. 1096. 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. 1096, as ordered reported.
Executive Communications
The views of the Administration on S. 1096 were included in
testimony received by the Committee at a hearing on the bill on
June 28, 2005 as follows:
Statement of Janet Snyder Matthews, Associate Director for Cultural
Resources, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before the Committee to present the Department of the
Interior's position on S. 1096, a bill to amend the Wild and
Scenic Rivers Act by designating portions of the Musconetcong
River in New Jersey as a component of the National Wild and
Scenic Rivers System. The Department supports enactment of S.
1096.
The Musconetcong River is the largest New Jersey tributary
to the Delaware River. The area of the river, nestled in the
heart of the New Jersey Highlands, contains a remarkably
diverse array of natural and cultural resources. The limestone
geologic features present in the Musconetcong River corridor
are unique in the state, and the steep slopes and forested
ridges in the upper segments of the river corridor contrast
with the historic villages, pastures, and rolling agricultural
lands at the middle and lower end of the river valley.
The impetus for the designation of the Musconetcong began
in 1991, when residents in the Musconetcong River Valley
organized a petition drive in support of efforts to protect the
river. The petitions called for the protection of the
Musconetcong River under both the National Wild and Scenic
Rivers Act and New Jersey Wild and Scenic Rivers Program.
In 1992, Congress passed legislation authorizing the
National Park Service to study the eligibility and suitability
of the Lower Delaware River for addition to the National Wild
and Scenic Rivers System. In 1997, 18 of 19 Musconetcong River
municipalities voted to have the National Park Service
determine the eligibility and suitability of the Musconetcong
River for designation into the National Wild and Scenic Rivers
System. As a part of the study effort, a Musconetcong Advisory
Committee, comprised of residents representing each
municipality, was formed. This committee, with assistance from
the National Park Service through its authority to study the
Lower Delaware River, completed a Resource Assessment and
Eligibility and Classification Report (1999) as well as a
Musconetcong River Management Plan (April, 2003). The report
found that approximately 24 miles of the river are eligible for
inclusion into the National Wild and Scenic Rivers System
because of their free-flowing nature and outstandingly
remarkable recreational, scenic, cultural, and wildlife and
habitat values.
The Musconetcong River Management Plan was developed
cooperatively and calls for a management framework that
acknowledges the importance and preference for local
leadership, and the additional protections afforded by national
wild and scenic river designation. A key principle of the
management framework as proposed in the plan is that existing
institutions will continue to play primary roles in the long-
term protection of the Musconetcong River. With respect to
facilitating and coordinating potentially diverse interests
among residents, landowners, municipalities, counties, states
and non-governmental organizations (NGOs), the plan proposes
the formation of a Musconetcong River Management Committee.
The bill provides that the administration for the 24.2-mile
designated river segment is to be consistent with the
cooperatively developed Musconetcong River Management Plan
(2003) and is to be undertaken in cooperation with federal,
state, county and municipal governments. The bill also
identifies an additional river segment that would be suitable
for designation by the Secretary of the Interior only at such
time as it can be demonstrated that adequate local support for
such designation exists within the affected local
jurisdictions. The costs associated with a designated wild and
scenic river in the Northeast Region of the National Park
Service average $150,000 annually (for cooperative agreements
with river partner organizations), and we would expect the
costs to be similar for this river, although the expenditures
per river will likely decline as more designated rivers have to
share limited resources. The region will handle the work
associated with the newly designated river with existing staff.
Any funding for cooperative agreements with the river's partner
organizations will be dependent upon annual appropriations and
departmental funding priorities.
This completes my prepared statement. I would be happy to
answer any questions you may have regarding this bill.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law are made
by the bill S. 1096, 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)
AN ACT to provide a National Wild and Scenic Rivers Sysem, and for
other purposes
* * * * * * *
Sec. 3. (a) The following rivers and the land adjacent
thereto are hereby designated as components of the National
Wild and Scenic Rivers System:
* * * * * * *
(167) Musconetcong river, new jersey.--
(A) Designation.--The 24.2 miles of river
segments in New Jersey, consisting of--
(i) the approximately 3.5-mile
segment from Saxton Falls to the Route
46 bridge, to be administered by the
Secretary of the Interior as a scenic
river; and
(ii) the approximately 20.7-mile
segment from the Kings Highway bridge
to the railroad tunnels at Musconetcong
Gorge, to be administered by the
Secretary of the Interior as a
recreational river.
(B) Administration.--Notwithstanding section
10(c), the river segments designated under
subparagraph (A) shall not be administered as
part of the National Park System.