[Congressional Record Volume 141, Number 47 (Tuesday, March 14, 1995)]
[House]
[Pages H3104-H3105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 COMMERCIAL VEHICLES IN THE DELAWARE WATER GAP NATIONAL RECREATION AREA

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 536) to extend indefinitely the authority of the Secretary 
of the Interior to collect a commercial operation fee in the Delaware 
Water Gap National Recreation Area, and for other purposes, as amended.
  The Clerk read as follows:

                                H.R. 536

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

     SECTION 1. PROHIBITION OF COMMERCIAL VEHICLES.

       (a) In General.--Effective at noon on September 30, 2005, 
     the use of Highway 209 within Delaware Water Gap National 
     Recreation Area by commercial vehicles, when such use is not 
     connected with the operation of the recreation area, is 
     prohibited, except as provided in subsection (b).
       (b) Local Business Use Protected.--Subsection (a) does not 
     apply with respect to the use of commercial vehicles to serve 
     businesses located within or in the vicinity of the 
     recreation area, as determined by the Secretary.
       (c) Conforming Provisions.--(1) Paragraphs (1) through (3) 
     of the third undesignated paragraph under the heading 
     ``ADMINISTRATIVE PROVISIONS'' in chapter VII of title I of 
     Public Law 98-63 (97 Stat. 329) are repealed, effective 
     September 30, 2005.
       (2) Prior to noon on September 30, 2005, the Secretary 
     shall collect and utilize a commercial use fee from 
     commercial vehicles in accordance with paragraphs (1) through 
     (3) of such third undesignated paragraph. Such fee shall not 
     exceed $25 per trip.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah [Mr. Hansen] will be recognized for 20 minutes, and the gentleman 
from New Mexico [Mr. Richardson] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Utah [Mr. Hansen].
  (Mr. HANSEN asked and was given permission to revise and extend his 
remarks.)
  Mr. HANSEN. Mr. Speaker, I rise in support of H.R. 536, legislation 
to reinstate the commercial vehicle use fee at Delaware Water Gap 
National Recreation in Pennsylvania.
  Mr. Speaker, this bill simply reinstates the authority of the 
Secretary of the Interior to collect a fee for nonlocal commercial 
vehicles which use Route 209 through Delaware Water Gap National 
Recreation Area. That authority, which expired in 1993, is important 
for the management of commercial vehicular traffic, as well as ensuring 
the safety of park visitors and local residents who use this road.
  The bill provides for this unique authority to expire in 10 years, 
when alternative routes are expected to be available for this 
commercial traffic.
  I commend the gentleman from Pennsylvania [Mr. McDade] for his work 
on this bill and urge all my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. RICHARDSON asked and was given permission to revise and extend 
his remarks.)
  Mr. RICHARDSON. Mr. Speaker, H.R. 536, as introduced, was a 
significant departure from the legislation--Section 301 of H.R. 3252--
which passed the House last Congress. The bill that passed the House 
last Congress provided for an end by the year 2000 of through 
commercial truck traffic on Route 209 within the Delaware Water Gap 
National Recreation Area. The bill, as introduced, would have extended 
that authority indefinitely. I believe it is in the public interest to 
end through truck traffic on Route 209 within the park. That's why I 
prefer the House language from last year. However, I recognize that the 
National Park Service in their testimony before 
[[Page H3105]] the Resources Committee asked for additional time, until 
the year 2005, to end through truck traffic. I supported the committee 
amendment that embodies this change with the understanding that this 
so-called temporary authority will be just that--temporary--and that 
through truck traffic on this segment of Route 209 will end in 2005.
  Mr. Speaker, with that change to the bill, I support H.R. 536, as 
amended, and recommend its adoption by the House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McDADE. Mr. Speaker, I want to commend Chairman Don Young and 
Subcommittee Chairman Jim Hansen and Bill Richardson for their 
cooperation and support in fashioning this legislation. Over the last 
two sessions of Congress there has been strong bi-partisan support for 
this bill. During the 103d Congress, Subcommittee Chairman Vento helped 
to facilitate House passage of a bill similar to H.R. 536, but the 
Senate was unable to act on that measure prior to the close of the 
session.
  I introduced this measure so that Congress can extend the management 
policy which has helped to save lives, maintained the economic 
viability of regional businesses and enhanced the quality of life in 
Monroe and Pike Counties, Pennsylvania. The Office of Management and 
Budget and the National Park Service has advised me that there is no 
objection to the enactment of this bill. The fiscal impact of H.R. 536 
would be negligible because the new fees authorized by this measure 
would offset the cost of collecting the fees.
  The creation of the Delaware Water Gap National Recreation Area, in 
1965, from an existing rural residential locality, with accompanying 
business community, presented many unique policy challenges to the Park 
Service. The test for the Park Service was how to manage the heavy 
truck traffic which was travelling through the center of the recreation 
area on Route 209, at a rate of 3,000 trucks a day, without adversely 
impacting local business needs.
  Route 209 was a primary route for commercial truck traffic which was 
destined for points in New England. This heavy use of Route 209, which 
was incompatible with its original design as a small rural road, crated 
problems varying from accident related deaths, road and property 
damage, to the creation of unacceptable levels of noise and air 
pollution.
  Clearly, the existence of a heavily travelled commercial route 
cutting through the recreation area was inconsistent with the purpose 
for which the park was created. For this reason, Route 209 was 
transferred to the Park Service from the Commonwealth of Pennsylvania 
so that a partial ban could be implemented on truck traffic not serving 
local businesses.
  In July, 1983, Public Law 98-63 authorized the closure of Route 209 
to commercial truck traffic except vehicles serving the park or 
regional businesses and established the existing fee schedule. The NPS 
implemented the law by setting up checkpoints and toll booths to 
collect fees from commercial traffic. The authority to collect fees was 
to expire in 10 years or when Interstate 287 was completed as an 
alternate route, This carefully crafted compromise effectively balanced 
the needs of the local business community with the mission of the 
National Recreational Area.
  The execution of this ban and the free collection policy have been 
highly successful in reducing highway deaths and injuries, air and 
noise pollution and property damage. This has been accomplished while 
protecting local business needs. To date, businesses along Route 209 or 
contiguous to the recreation area have been able to effectively co-
exist with the park under this management policy. The Park Service, in 
conjunction with the Delaware Water Gap Citizens Advisory Committee, 
support the provisions in H.R. 536 and the extension of the fee 
collection authority.
  As a management policy tool, the ban and fee collection schedule have 
been effective in achieving the goals for which they were designed 10 
years ago. Even though the revenues which have been generated by the 
fee collection operation are decreasing over time, the process raises 
adequate monies to subsidize the collection operation. Historically, 
any profits from the commercial fees are additionally applied to the 
maintenance of Route 209.
  Over time the collection process may have to be phased out due to 
dwindling revenues collected from the operation. It is anticipated that 
the Commonwealth of Pennsylvania will be able to improve State Route 
2001, the major western north/south route paralleling Route 209, to an 
adequate level to accommodate the traffic from Route 209 if it must be 
closed to commercial traffic. The State envisions that it will take 10 
years to upgrade State Route 2001. Therefore, I strongly recommend 
that, at this juncture, the Park minimally continue the current fee 
collection operation for another 10 years. For the immediate future, I 
believe that the collection of fees should be continued as an important 
management tool for the Park Service in order to allow local businesses 
to use Route 209 while raising revenues for its maintenance.
  Mr. Speaker, I respectfully request the expeditious approval of this 
measure due to the July 30, 1993, expiration date of the current law.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I, too, yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah [Mr. Hansen] that the House suspend the rules and 
pass the bill, H.R. 536, as amended.
  The question was taken.
  Mr. RICHARDSON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________