River Management Plan

224 Pages·2004·19.74 MB·English

United States Department of the Interior
NATIONAL PARK SERVICE
Upper Delaware
S m ca nd Recreatmnal &vet
274 Rwer Road, Beach Lake PA 18405
INRePLYRE.FEXT0
January 26,2006
Dl8 (WDE-0s)
Memorandum
To: 1986 Upper Delaware River Management Plan on CD Readers
From: Executive Assistant, UF'DE
Subject: Conversion of "The River Management Plan" to CD
Welcome to Tke 1986 Upper Delaware River Management Plan on Compact Disk (RMP on CD). This
document was produced by scanning the "brown" copy of the plan into Adobe Acrobat and making it
searchable.
To read this document, you must:
1. Download Adobe Reader 7 fiom the Internet if you do not already have it on your computer.
www.adobe.com/~rodw~Iacmbat~~eadstep2.h~1
2. Launch Adobe Reader 7
3. Select your CD Rom drive
4. Click "file" then click "open" (or click open icon)
5. Open the file named Upper Delaware River Management Plan 1986
Some things could not be repaired.
* The headers at the top of some pages could not be made clearer
*
The remaining images of punch marks and odd limes could not be removed
*
Blurry pages were scanned fiom the best copy of The Plan available
* A few pages scanned as legal size, so there seems to be a large margin at the bottom of those pages. It
doesn't affect the readability or the search ability.
Enjoy using your 'RMP on CD'. As I learn more about this program, I will make adjustments to future
copies. If you have any questions or identify problems, please contact me by e-mail at
[email protected]. or by phone at 570-729-825 1.
Sincerely,
Carla Hauser Hahn
Executive Assistant
E R R A T A
1. References in the Management Plan to National Park Service membership on the
upper Delaware Council are deleted. Instead, the Management Plan proposes the
establishment of an Upper Delaware Council to provide for the coordinated
implementation and administration of the plan in order to achieve the purposes
and objectives of the Upper Delaware Scenic and Recreational River. The Council
w i l l consist of local towns, States, and Delaware River Basin Commission and
w i l l be incorporated in accordance with New York and/or Pennsylvania law. (The
Citizens Advisory Council w i l l be an active participant in Council discussions,
with its role as outlined in the plan.) The National Park Service will enter
into a written cooperative agreement (Memorandum of Understanding) with the
towns, States, and Delaware River Basin Commission pursuant to the Wild and
Scenic Rivers Act, 16 USC 1281(e). The Memorandum of Understanding w i l l be the
document between the Secretary and other signatories setting forth the functions
of the Council and the manner in which those functions would be accomplished
concerning the Upper Delaware Scenic and Recreational River.
The Council w i l l perform those functions identified in the Management Plan and
,the Memorandum of Understanding. To accomplish the objectives of the Act, the
National Park Service will enter into contracts and cooperative agreements with
the Council pursuant to Section 704(c)(4) and (e)(3), and the Service's general
procurement and assistance authorities. The National Park Service will have
substantial involvement with the Council in its discussions and deliberations
concerning the Upper Delaware Scenic and Recreational River.
2. References in the Management Plan to cooperative agreements and contracts
between the National Park Service and Council w i l l be in accordance with the
Federal Grant and Cooperative Agreement Act of 1977 and NPS-20, Federal
Assistance and Interagency Agreements.
3. The slope diagram on pages 44 and 119 is not drawn to scale. The
verticaljhorizontal exagqeration is approximately 2 to 1.
4. Page 28, item 7 should read: "The vote by Council membership w i l l -be taken
the follo.*.ing month...."
5. Map 2 of 8 following Page 60 contains a mapping error in Manchester
Township. Additional acreage has been deleted from the 1978 boundary where the
boundary' crosses Cooley Creek southwest of the Town of Hankins. The boundary in
this area is correctly shown on map 3 of 8.
6. Page 123 - Second column, third paragraph, last line: delete the word
"within" and substitute the word "along".
7. The final environmental impact statement for the River Management Plan,
FEIS 87-13, is included by reference as part of the plan.

Final River Management Plan
UPPER DELAWARE
SCENIC AND RECREATIONAL RIVER
New York and Pennsylvania
Prepared by the
Conference of Upper Delaware Townships
In Cooperation with the
Commonwealth of Pennsylvania;
State of New York;
Delaware River Basin Commission;
National Park Service;
and the
Upper Delaware Citizens Advisory Council
November, 1986
EXECUTIVE SUMMARY
Background
Although 32 million people live within a 150 mile radius of the Upper Delaware
River, the area possesses outstanding natural and cultural resources. To acknowledge this,
the Congress, in 1978, designated 73.4 miles of the Upper Delaware River as part of the
National Wild and Scenic Rivers System. The designation covers the river segment
beginning at the confluence of the east and west branches of the river at Hancock, New
York, and extends downstream to Railroad Bridge No. 2, in the vicinity of Mill Rift,
Pennsylvania. The Wild and Scenic Rivers Act states that the river must be protected in
its free-flowing condition and that it must be managed for the benefit and enjoyment of
present and future generations.
The Upper Delaware legislation stipulates that the Secretary of the Interior
(through the National Park Service), the Delaware River Basin Commission, the Citizens
Advisory Council, the Commonwealth of Pennsylvania, the State of New York and the
affected political subdivisions of the two States cooperate in preparing a plan to protect
the river within the scope of their existing laws.
The Conference of Upper Delaware Townships, in cooperation with the
Commonwealth of Pennsylvania, State of New York, the Delaware River Basin
Commission, and the National Park Service has coordinated the preparation of this
management plan to conserve, protect, maintain and enhance the river corridor's unique
resource values and social and economic vitality. The River Management Plan is the
result of that process. It is the culmination of long-term efforts by landowners and
private groups, as well as the local, state and federal governments. The plan responds to
the specific concerns of the people who live and own property in the area; spells out the
specific roles, responsibilities and procedures which the federal government will follow;
and also describes ways that existing local and state laws and authorities will be used to
safeguard the Upper Delawa~e'sr esources.
The natural, physical and social character of the Upper Delaware River corridor
initially shaped the legislation which first recognized the area. Not surprisingly, these
characteristics have also shaped the River Management Plan. The complexity of the
Upper Delaware, in terms of resources, people's attitudes, issues and jurisdictions, is the
basis for a law and a plan which recognizes that the future of this area must be managed
by all levels of government and the private sector working together to meet local as well
as national goals. Although the plan takes its direction from the federal act, most of the
actions proposed to conserve the resources of the Upper Delaware are related to the use
of existing local and state land use controls and voluntary private landowner actions,
consistent with local land use ordinances.
This plan has been prepared by the Conference of Upper Delaware Townships
(COUP), an association formed in 1981 by the eight affected New York river towns and
seven Pennsylvania river townships. The Conference organized in response to local
concerns about the impact that this designation could have on the people who live, work,
and own property along the river.
Executive Summary
Two previous drafts of a management plan, initially developed by the National
Park Service, were opposed by local residents at public meetings. Major concerns
included over-regulation, the use of the power of eminent domain, and loss of local
control. There were also specific concerns about the continued right to hunt, fish, trap,
and use the river corridor. Some residents wanted to deauthorize the federal designation
of the river.
COUP believed that deauthorization was an unrealistic goal and decided that a
management plan for the river should be written by those most affected by its provisions.
They entered into negotiations with the regional director of the National Park Service,
who agreed to fund a new, local planning effort.
The National Park Service provided funds to the Conference to hire consultants to
assist in preparation of this plan, and work began during the summer of 1984. The
Conference formed three committees-Plan Oversight, Land Use Guidelines and Water
Use Guidelines-to assist in preparation of the new plan. The membership of these
committees represented local landowners and commercial interests, local government,
state government, the Delaware River Basin Commission, the National Park Service,
recreational interests, and local and national conservation organizations.
The draft plan was subject to public review from January 20, 1986, through June 20,
1986. Four public hearings were held in June in Damascus and Shohola, Pennsylvania, and
Callicoon and Port Jervis, New York. Comments were received from more than 250
interested individuals, groups, and units of government. Revision work on the draft began
immediately after the close of comment and was completed early in November, 1986. In
keeping with the cooperative spirit of the legislation, the members of the revision
committee included the National Park Service, the Commonwealth of Pennsylvania, the
State of New York, the Delaware River Basin Commission, the Citizens Advisory Council,
and the participating towns. More than 400 changes were made in response to public
comment.
Coordinating the work of fifteen towns, two states, federal agencies, a river basin
commission, numerous landowners, public groups and a citizen's advisory committee is
complex. This complexity has in past efforts led to misinterpretation between the
interests in this cooperative initiative. This River Management Plan attempts to more
clearly describe and clarify how the provisions of the law are to be met.
The River Management Plan will be the most important document for all future
efforts and actions within the Upper Delaware area. It will provide the direction and the
parameters for implementing the legislation and all actions of the participating
organizations. Although the River Management Plan does not supersede the law, nor
transfer or delegate the legal responsibilities of the Secretary of the Interior, it does
stipulate an agreement between all levels of government for implementing the Upper
Delaware River legislation.
As with any agreement, if the towns and townships fulfill their responsibilities, as
stated in the plan and guidelines, the National Park Service will fulfill its responsibilities
and take only those actions identified in the plan. Similarly, if the towns implement the
Land and Water Use Guidelines local interests will be protected and the federal interest
will be assured. Such towns would be in substantial conformance with the plan. Towns
that participate in the Council will not be jeopardized by other towns that do not
participate.
Executive Summary
Addressing Public Concerns: The River Management Plan's Response
The River Management Plan reflects the ideas, viewpoints and needs of the people
of the Upper Delaware River area. Extensive local participation has made it possible to
develop a plan and guidelines that address the concerns of area residents while satisfying
the national interest.
Widespread concern that the concerns of the local community had not been heard
during the preparation of the earlier plans, prompted COUP to seek public input in
writing the new River Management Plan. The opinions and advice of local landowners,
livery operators, river users, and community leaders were obtained. Public meetings were
conducted and local officials reviewed the draft extensively prior to public release.
COUP recognized the area's intrinsic importance to its residents, as well as to the
nation as a whole. Viewpoints expressed often differed, but the plan is designed to
address public concerns and implement policies to ensure effective river management.
Some of the key provisions in this plan include:
Retaining local control of the river corridor through the establishment of an Upper
Delaware Council; the Council will have primary responsibility for coordinating
and overseeing the plan
Protection against over-regulation by using only existing local, state, and federal
laws to protect the river; the plan makes it very clear that Title 36 of the Code of
Federal Regulations does not apply to private lands within the corridor
Providing landowners with protections against the use of eminent domain by
implementing a multi-step process that must be followed before eminent domain
may be used; this process safeguards against the arbitrary use of eminent domain
and ensures that eminent domain may only be used as a last resort for proposed
developments that would harm the river
Emphasizing the need to maintain the local economy and tax base through the use
of alternatives to fee title land acquisition
Limiting the total amount of NPS land acquisition for management purposes to not
more than 124 acres on a willing seller-willing buyer basis only
Revision of the plan and guidelines to ensure continuation of such traditional
activities as recreation, hunting, fishing, trapping, timbering, and agriculture
Providing the towns with alternatives and flexibility allowing them to meet the
guidelines in their own way
The Upper Delaware Council
Desire for a cooperative arrangement was repeatedly expressed through two public
opinion surveys, "key person" interviews and in the planning process itself. In response to
this, the plan proposes the formation of an Upper Delaware Council. The Council,
formed under existing NewYork and Pennsylvania intergovernmental cooperation laws,
will be the agency responsible for coordinating the management plan.