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Code · STATUTE-COMPILATIONS · Lower Delaware Wild and Scenic Rivers Act · Sec. 4

Sec. 4. MANAGEMENT OF RIVER SEGMENTS

893 words·~4 min read·/statute-compilations/comps-1720/sec-4

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## SEC. 4 MANAGEMENT OF RIVER SEGMENTS **[**[16 U.S.C. 1274 note](/us/usc/t16/s1274)**]** ###
(a)Management of Segments The river segments designated in section 3 shall be managed— ####
(1)in accordance with the river management 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 management 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 is consistent 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.
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