[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1310 Enrolled Bill (ENR)]


        S.1310

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


 
  To authorize the Secretary of the Interior to allow the Columbia Gas 
   Transmission Corporation to increase the diameter of a natural gas 
pipeline located in the Delaware Water Gap National Recreation Area, to 
 allow certain commercial vehicles to continue to use Route 209 within 
     Delaware Water Gap National Recreation Area, and to extend the 
 termination date of the National Park System Advisory Board to January 
                                1, 2007.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Delaware Water Gap National 
Recreation Area Improvement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) Corporation.--The term ``Corporation'' means the Columbia 
    Gas Transmission Corporation.
        (2) Pipeline.--The term ``pipeline'' means that portion of the 
    pipeline of the Corporation numbered 1278 that is--
            (A) located in the Recreation Area; and
            (B) situated on 2 tracts designated by the Corporation as 
        ROW No. 16405 and No. 16413.
        (3) Recreation area.--The term ``Recreation Area'' means the 
    Delaware Water Gap National Recreation Area in the Commonwealth of 
    Pennsylvania.
        (4) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (5) Superintendent.--The term ``Superintendent'' means the 
    Superintendent of the Recreation Area.

SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE.

    (a) In General.--The Secretary may enter into an agreement with the 
Corporation to grant to the Corporation an easement to enlarge the 
diameter of the pipeline from 14 inches to not more than 20 inches.
    (b) Terms and Conditions.--The easement authorized under subsection 
(a) shall--
        (1) be consistent with--
            (A) the recreational values of the Recreation Area; and
            (B) protection of the resources of the Recreation Area;
        (2) include provisions for the protection of resources in the 
    Recreation Area that ensure that only the minimum and necessary 
    amount of disturbance, as determined by the Secretary, shall occur 
    during the construction or maintenance of the enlarged pipeline;
        (3) be consistent with the laws (including regulations) and 
    policies applicable to units of the National Park System; and
        (4) be subject to any other terms and conditions that the 
    Secretary determines to be necessary;
    (c) Permits.--
        (1) In general.--The Superintendent may issue a permit to the 
    Corporation for the use of the Recreation Area in accordance with 
    subsection (b) for the temporary construction and staging areas 
    required for the construction of the enlarged pipeline.
        (2) Prior to issuance.--The easement authorized under 
    subsection (a) and the permit authorized under paragraph (1) shall 
    require that before the Superintendent issues a permit for any 
    clearing or construction, the Corporation shall--
            (A) consult with the Superintendent;
            (B) identify natural and cultural resources of the 
        Recreation Area that may be damaged or lost because of the 
        clearing or construction; and
            (C) submit to the Superintendent for approval a restoration 
        and mitigation plan that--
                (i) describes how the land subject to the easement will 
            be maintained; and
                (ii) includes a schedule for, and description of, the 
            specific activities to be carried out by the Corporation to 
            mitigate the damages or losses to, or restore, the natural 
            and cultural resources of the Recreation Area identified 
            under subparagraph (B).
    (d) Pipeline Replacement Requirements.--The enlargement of the 
pipeline authorized under subsection (a) shall be considered to meet 
the pipeline replacement requirements required by the Research and 
Special Programs Administration of the Department of Transportation 
(CPF No. 1-2002-1004-H).
    (e) FERC Consultation.--The Corporation shall comply with all other 
requirements for certification by the Federal Energy Regulatory 
Commission that are necessary to permit the increase in pipeline size.
    (f) Limitation.--The Secretary shall not grant any additional 
increases in the diameter of, or easements for, the pipeline within the 
boundary of the Recreation Area after the date of enactment of this 
Act.
    (g) Effect on Right-of-Way Easement.--Nothing in this Act increases 
the 50-foot right-of-way easement for the pipeline.
    (h) Penalties.--On request of the Secretary, the Attorney General 
may bring a civil action against the Corporation in United States 
district court to recover damages and response costs under Public Law 
101-337 (16 U.S.C. 19jj et seq.) or any other applicable law if--
        (1) the Corporation--
            (A) violates a provision of--
                (i) an easement authorized under subsection (a); or
                (ii) a permit issued under subsection (c); or
            (B) fails to submit or timely implement a restoration and 
        mitigation plan approved under subsection (c)(2)(C); and
        (2) the violation or failure destroys, results in the loss of, 
    or injures any park system resource (as defined in section 1 of 
    Public Law 101-337 (16 U.S.C. 19jj)).

SEC. 4. USE OF CERTAIN ROADS WITHIN DELAWARE WATER GAP.

    Section 702 of Division I of the Omnibus Parks and Public Lands 
Management Act of 1996 (Public Law 104-333; 110 Stat. 4185) is 
amended--
        (1) in subsection (a), by striking ``at noon on September 30, 
    2005'' and inserting ``on the earlier of the date on which a 
    feasible alternative is available or noon of September 30, 2015''; 
    and
        (2) in subsection (c)--
            (A) in paragraph (1), by striking ``September 30, 2005'' 
        and inserting ``on the earlier of the date on which a feasible 
        alternative is available or September 30, 2015''; and
            (B) in paragraph (2)--
                (i) by striking ``noon on September 30, 2005'' and 
            inserting ``the earlier of the date on which a feasible 
            alternative is available or noon of September 30, 2015''; 
            and
                (ii) by striking ``not exceed $25 per trip'' and 
            inserting the following: ``be established at a rate that 
            would cover the cost of collection of the commercial use 
            fee, but not to exceed $40 per trip''.

SEC. 5. TERMINATION OF NATIONAL PARK SYSTEM ADVISORY BOARD.

    Effective on January 1, 2006, section 3(f) of the Act of August 21, 
1935 (16 U.S.C. 463(f)) is amended in the first sentence by striking 
``2006'' and inserting ``2007''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.