[Congressional Record Volume 151, Number 162 (Friday, December 16, 2005)]
[Senate]
[Pages S13935-S13936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   DELAWARE WATER GAP NATIONAL RECREATION AREA NATURAL GAS PIPELINE 
                            ENLARGEMENT ACT

  The Senate proceeded to consider the bill (S. 1310) 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 which had been 
reported from the Committee on Energy and Natural Resources, with 
amendments.
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                S. 1310

       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 Natural Gas Pipeline Enlargement 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. [16414] 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 [, for no 
     consideration,] 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

[[Page S13936]]

     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)(3); 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. TERMINATION OF NATIONAL PARK SYSTEM ADVISORY BOARD.

       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 ``2008''.
       Amend the title so as to read: ``A bill 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 and to extend the termination date 
     of the National Park System Advisory Board to January 1, 
     2008.''.

  The amendments (Nos. 2683 and 2684) were agreed to, as follows:


                           amendment no. 2683

              (Purpose: To provide a complete substitute)

       Strike all after the enacting clause and insert the 
     following:

     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''.


                           AMENDMENT NO. 2684

       Amend the title so as to read: ``A bill 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.''.

  The bill (S. 1310), as amended, was read the third time and passed.

                          ____________________