As often as I agree with my colleague and friend Dave Hulse, I now disagree with his editorial concerning the use of the Upper Delaware Council (UDC) to resolve disputes between Pennsylvania and New York communities. The issue of whether or not something occurring on one side of the river is offensive to someone on the other side of the river is not a jurisdictional role that should be assigned to the council.

The very idea that another “jurisdictional” agency would be created to carry out the provisions of PL 95-625 on the Upper Delaware, led to the abandonment of the so-called Denver Service Center/National Park Service (NPS) River Management Plan and the establishment of the Council of Upper Delaware Towns to develop a plan that would complement, rather than usurp the traditional role of local government.

The council must concentrate on the role assigned it under the plan and its cooperative agreement with the NPS. If an action of a member is in non-compliance with the River Management Plan, the council has a duty to point this out to that member whether it be local, state, regional or federal. Furthermore, the council has an obligation to provide its assessment to the NPS in accordance with its contract as to whether or not such action by any entity would constitute a “substantial” instance of non-conformance with the Land and Water Use Guidelines in the River Management Plan.

Following such assessment, it’s then up to the NPS, representing the Secretary of the Interior, to determine whether or not the action is serious enough to potentially bring a local community into a non-compliance situation, as provided under the law. In addition, the council also has an obligation to monitor the actions of federal, state or local agencies and present its assessments to the NPS for a final determination as to whether or not such actions violate or have the potential to violate the provisions of the Wild and Scenic Rivers Act as it pertains to the Upper Delaware.

Now all of this may sound like lawyer-speak, but there’s no simple way to put it.

The council has its hands full trying to meet its contractual obligations, even though it hasn’t increased its staff and its funding under the contract and is still mired at the same $300,000 annual funding level from the NPS since 1988. Meanwhile, the council has taken on the role of coordinator for New York State grants for its members and is taking a larger role in several other enterprises such as Route 97’s inclusion in the New York State Scenic Byway system and the D&H Canal Heritage Corridor. All of this stretches resources to the breaking point and leads to internal bickering as to staff priorities.

This year marks the 25th anniversary of the passage of PL 95-625 which is the authorizing legislation that created the Upper Delaware Scenic and Recreational River, and the council needs to take time to look at whether or not all the provisions of the law have been implemented.

As an example, the very basic provision that requires an assessment be made of every community in the valley to determine whether or not they “substantially” conform to the Land and Water Use Guidelines in the River Management Plan. To my knowledge, the task hasn’t been completed, as no determination has ever been made for the Town of Hancock, which has been a member of the council since its inception. Also, not a single township in Wayne County is a member of the council nor does the council appear to have an active rather than paper program to enroll them.

Add to the above-unfinished tasks, the paramount importance of assuring sufficient flow releases from New York City’s reservoirs, as well as Pennsylvania Power and Light’s Wallenpaupack project, and the council has a full plate without adding to the menu.