Several months ago, our readers were asked if they knew who managed the Upper Delaware? More than half replied they didn’t know, about a fourth had some idea but weren’t quite sure—the remainder thought they knew.

It always helps to look at the original legislation to try and fathom the intent of Congress behind what has become a “murky” situation. If we turn to page l78 of the “Final River Management Plan: Upper Delaware Scenic and Recreational River,” section 1274 (a) (19), under Upper Delaware River, New York and Pennsylvania, we find the following language. ...” The Upper Delaware Scenic and Recreational River, dated April l978; to be administered by the Secretary of the Interior...”

Furthermore, on page 179 under section704(c)(6), it states, “The plan shall be administered by the Secretary (i.e. Interior) in accordance with the provisions of this section and the Wild and Scenic Rivers Act (this chapter). The Secretary is hereby granted such authority as may be required to implement and administer this plan.”

The “Random House Dictionary of the English Language” defines “administer” as follows: “l. to manage (affairs, a government, etc.); have executive charge of; to administer laws.”

This is the primary interpretation of the word. Look back at the above paragraph and notice that the word “administer” is applied three times to the Secretary of the Interior. There is no doubt in my mind as to who “manages” the Upper Delaware Scenic and Recreational River—the Secretary of the Interior through his proxy, the National Park Service.

Are there restraints upon management written into the law? Yes. Has the Secretary or his proxy utilized all of his authority to protect the resources of the Upper Delaware? In my opinion, no.

Let’s go back to the original 1968 Wild and Scenic Rivers Act to discern the intent of Congress. “It is hereby declared to be the policy of the United States that certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values, shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations.”

Did the Secretary of the Interior delegate his authority to “administer” the Upper Delaware in accordance with the above stated Congressional policy? Of course he didn’t. The law wouldn’t allow it. However, lately it appears that the National Park Service defers to the Upper Delaware Council to take the lead on major issues. In accordance with its own stated policy, “The Upper Delaware Council, established in l988, is a not-for-profit corporation working in partnership with the National Park Service to coordinate implementation of the River Management Plan.”

Does coordinate mean administer? No. Therefore, who should take the lead on the reservoir release issue with New York City? The National Park Service. Who should take the lead on PPL’s relicensing issue with FERC? The National Park Service. Who should take the lead if New York City decides to acquire the Mongaup hydro system? The National Park Service. The Upper Delaware Council should state its position on these issues and the National Park Service should include its concerns as part of its legally mandated charge to intervene on behalf of the resource.

As the new National Park Service superintendent, David Forney, comes on board, we wish him well and, at the same time, trust that he will do well by the resource.