[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1096 Enrolled Bill (ENR)]
S.1096
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Musconetcong Wild and Scenic Rivers
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Secretary of the Interior, in cooperation and
consultation with appropriate Federal, State, regional, and local
agencies, is conducting a study of the eligibility and suitability
of the Musconetcong River in the State of New Jersey for inclusion
in the Wild and Scenic Rivers System;
(2) the Musconetcong Wild and Scenic River Study Task Force,
with assistance from the National Park Service, has prepared a
river management plan for the study area entitled ``Musconetcong
River Management Plan'' and dated April 2003 that establishes goals
and actions to ensure long-term protection of the outstanding
values of the river and compatible management of land and water
resources associated with the Musconetcong River; and
(3) 13 municipalities and 3 counties along segments of the
Musconetcong River that are eligible for designation have passed
resolutions in which the municipalities and counties--
(A) express support for the Musconetcong River Management
Plan;
(B) agree to take action to implement the goals of the
management plan; and
(C) endorse designation of the Musconetcong River as a
component of the Wild and Scenic Rivers System.
SEC. 3. DEFINITIONS.
In this Act:
(1) Additional river segment.--The term ``additional river
segment'' means the approximately 4.3-mile Musconetcong River
segment designated as ``C'' in the management plan, from
Hughesville Mill to the Delaware River Confluence.
(2) Management plan.--The term ``management plan'' means the
river management plan prepared by the Musconetcong River Management
Committee, the National Park Service, the Heritage Conservancy, and
the Musconetcong Watershed Association entitled ``Musconetcong
River Management Plan'' and dated April 2003 that establishes goals
and actions to--
(A) ensure long-term protection of the outstanding values
of the river segments; and
(B) compatible management of land and water resources
associated with the river segments.
(3) River segment.--The term ``river segment'' means any
segment of the Musconetcong River, New Jersey, designated as a
scenic river or recreational river by section 3(a)(167) of the Wild
and Scenic Rivers Act (as added by section 4).
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. DESIGNATION OF PORTIONS OF MUSCONETCONG RIVER, NEW JERSEY, AS
SCENIC AND RECREATIONAL RIVERS.
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:
``(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.''.
SEC. 5. MANAGEMENT.
(a) Management Plan.--
(1) In general.--The Secretary shall manage the river segments
in accordance with the management plan.
(2) Satisfaction of requirements for plan.--The management plan
shall be considered to satisfy the requirements for a comprehensive
management plan for the river segments under section 3(d) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(3) Restrictions on water resource projects.--For purposes of
determining whether a proposed water resources project would have a
direct and adverse effect on the values for which a river segment
is designated as part of the Wild and Scenic Rivers System under
section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)),
the Secretary shall consider the extent to which the proposed water
resources project is consistent with the management plan.
(4) Implementation.--The Secretary may provide technical
assistance, staff support, and funding to assist in the
implementation of the management plan.
(b) Cooperation.--
(1) In general.--The Secretary shall manage the river segments
in cooperation with appropriate Federal, State, regional, and local
agencies, including--
(A) the Musconetcong River Management Committee;
(B) the Musconetcong Watershed Association;
(C) the Heritage Conservancy;
(D) the National Park Service; and
(E) the New Jersey Department of Environmental Protection.
(2) 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 a river segment--
(A) shall 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 river segment.
(c) Land Management.--
(1) In general.--The Secretary may provide planning, financial,
and technical assistance to local municipalities and nonprofit
organizations to assist in the implementation of actions to protect
the natural and historic resources of the river segments.
(2) Plan requirements.--After adoption of recommendations made
in section IV 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)).
(d) Designation of Additional River Segment.--
(1) Finding.--Congress finds that the additional river segment
is suitable for designation as a recreational river if the
Secretary determines that there is adequate local support for the
designation of the additional river segment in accordance with
paragraph (3).
(2) Designation and administration.--If the Secretary
determines that there is adequate local support for designating the
additional river segment as a recreational river--
(A) the Secretary shall publish in the Federal Register
notice of the designation of the segment;
(B) the segment shall be designated as a recreational river
in accordance with the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.); and
(C) the Secretary shall administer the additional river
segment as a recreational river.
(3) Criteria for local support.--In determining whether there
is adequate local support for the designation of the additional
river segment, the Secretary shall consider the preferences of
local governments expressed in resolutions concerning designation
of the additional river segment.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act and the
amendments made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.