Text: S.1096 — 109th Congress (2005-2006)All Information (Except Text)

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Public Law No: 109-452 (12/22/2006)

 
[109th Congress Public Law 452]
[From the U.S. Government Printing Office]


[DOCID: f:publ452.109]

[[Page 120 STAT. 3363]]

Public Law 109-452
109th Congress

                                 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. <<NOTE: Dec. 22, 2006 -  [S. 1096]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Musconetcong 
Wild and Scenic Rivers Act.>> 

SECTION 1. <<NOTE: 16 USC 1271 note.>> 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. <<NOTE: 16 USC 1274 note.>> 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

[[Page 120 STAT. 3364]]

        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. <<NOTE: 16 USC 1274 note.>> 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;

[[Page 120 STAT. 3365]]

                    (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) <<NOTE: Federal Register, 
                publication. Notice.>> 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.

[[Page 120 STAT. 3366]]

    (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.

    Approved December 22, 2006.

LEGISLATIVE HISTORY--S. 1096 (H.R. 1307):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-427 accompanying H.R. 1307 (Comm. on Resources).
SENATE REPORTS: No. 109-193 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 151 (2005):
                                    Dec. 16, considered and passed 
                                        Senate.
                                                        Vol. 152 (2006):
                                    Dec. 8, considered and passed House.

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