N.Y. Comp. Codes R. & Regs. tit. 9 § 4.169

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.169 - Executive order no. 169: directing state agencies to act consistently with the upper delaware river management plan

WHEREAS, the State of New York supported Congress' designation of the Upper Delaware River in 1978 as a Scenic and Recreational River within the National Wild and Scenic Rivers System; and

WHEREAS, the legislation designating the Upper Delaware Scenic and Recreational River, P.L. 95-625, called for the preparation of a management plan for the Upper Delaware Scenic and Recreational River (the "River Management Plan"); and

WHEREAS, the State of New York participated in the development of the River Management Plan, which was adopted by the Secretary of the Interior on September 29, 1987; and

WHEREAS, the River Management Plan has the following objectives:

a. To protect and maintain the unique environmental, cultural and natural resources of the Upper Delaware River corridor, including the maintenance and improvement of fish and wildlife habitat and the continued public use and enjoyment of those resources, consistent with maintenance of the social and economic vitality of the area and the continued protection of private property rights; and

b. To involve local government officials and citizens in management of the Upper Delaware River, including seeking voluntary actions and local government cooperation to conserve resources, providing for planned growth that will maintain the essential character of the river valley, and fostering recognition of the unique character of the river valley; and

WHEREAS, the River Management Plan recommended implementation by an inter-governmental cooperative agency, the Upper Delaware Council, through the coordinated enforcement of existing federal, state and local laws; and

WHEREAS, the Department of Environmental Conservation, as the State's designee, has been a voting member of the Upper Delaware Council since January 1988; and

WHEREAS, the River Management Plan calls upon the Governor of the State of New York and the Governor of the Commonwealth of Pennsylvania to assure that our respective states' management activities, programs and reviews are consistent with and supportive of the River Management Plan;

NOW, THEREFORE I MARIO M. CUOMO, Governor of the State of New York, by virtue of the powers vested in me by the Constitution and Laws of the State of New York, do hereby order as follows:

I. Designated State Agency

The Department of Environmental Conservation shall coordinate the implementation by State agencies of the River Management Plan and it shall receive and administer any federal grants given to the State intended for that purpose.

The Commissioner of Environmental Conservation, or a person designated by the Commissioner, shall continue to represent the State as a member of the Upper Delaware Council.

II. Cooperation by State Agencies

All State agencies shall act consistently with the River Management Plan to the extent permitted by applicable law. The Department of Environmental Conservation shall provide to other State agencies such technical information and assistance as they may require in order to comply with this Order.

Signed: Mario M. CuomoDated: March 22, 1993

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.169