[Congressional Record Volume 163, Number 15 (Monday, January 30, 2017)]
[House]
[Pages H717-H718]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DELAWARE WATER GAP NATIONAL RECREATION AREA IMPROVEMENT ACT AMENDMENT

  Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 560) to amend the Delaware Water Gap National Recreation 
Area Improvement Act to provide access to certain vehicles serving 
residents of municipalities adjacent to the Delaware Water Gap National 
Recreation Area, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 560

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

     SECTION 1. VEHICULAR ACCESS AND FEES.

       Section 4 of the Delaware Water Gap National Recreation 
     Area Improvement Act (Public Law 109-156) is amended to read 
     as follows:

     ``SEC. 4. USE OF CERTAIN ROADS WITHIN THE RECREATION AREA.

       ``(a) In General.--Except as otherwise provided in this 
     section, Highway 209, a federally owned road within the 
     boundaries of the Recreation Area, shall be closed to all 
     commercial vehicles.
       ``(b) Exception for Local Business Use.--Until September 
     30, 2021, subsection (a) shall not apply with respect to the 
     use of commercial vehicles that have four or fewer axles and 
     are--
       ``(1) owned and operated by a business physically located 
     in--
       ``(A) the Recreation Area; or
       ``(B) one or more adjacent municipalities; or
       ``(2) necessary to provide services to businesses or 
     persons located in--
       ``(A) the Recreation Area; or
       ``(B) one of more adjacent municipalities.
       ``(c) Fee.--The Secretary shall establish a fee and permit 
     program for the use by commercial vehicles of Highway 209 
     under subsection (b). The program shall include an annual fee 
     not to exceed $200 per vehicle. All fees received under the 
     program shall be set aside in a special account and be 
     available, without further appropriation, to the Secretary 
     for the administration and enforcement of the program, 
     including registering vehicles, issuing permits and vehicle 
     identification stickers, and personnel costs.
       ``(d) Exceptions.--The following vehicles may use Highway 
     209 and shall not be subject to a fee or permit requirement 
     under subsection (c):
       ``(1) Local school buses.
       ``(2) Fire, ambulance, and other safety and emergency 
     vehicles.
       ``(3) Commercial vehicles using Federal Road Route 209, 
     from--
       ``(A) Milford to the Delaware River Bridge leading to U.S. 
     Route 206 in New Jersey; and
       ``(B) mile 0 of Federal Road Route 209 to Pennsylvania 
     State Route 2001.''.

     SEC. 2. DEFINITIONS.

       Section 2 of the Delaware Water Gap National Recreation 
     Area Improvement Act (Public Law 109-156) is amended--

[[Page H718]]

       (1) by redesignating paragraphs (1) through (5) as 
     paragraphs (2) through (6), respectively; and
       (2) by inserting before paragraph (2) (as so redesignated 
     by paragraph (1) of this section) the following:
       ``(1) Adjacent municipalities.--The term `adjacent 
     municipalities' means Delaware Township, Dingman Township, 
     Lehman Township, Matamoras Borough, Middle Smithfield 
     Township, Milford Borough, Milford Township, Smithfield 
     Township and Westfall Township, in Pennsylvania.''.

     SEC. 3. CONFORMING AMENDMENT.

       Section 702 of the Omnibus Parks and Public Lands 
     Management Act of 1996 (Public Law 104-333) is repealed.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McClintock) and the gentleman from the Northern Mariana 
Islands (Mr. Sablan) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McCLINTOCK. I yield myself such time as I may consume.
  Mr. Speaker, H.R. 560, introduced by Congressman Tom Marino, amends 
the Delaware Water Gap National Recreation Area Improvement Act to 
allow a highway through the national recreation area to continue to be 
used by small commercial vehicles that serve the local communities 
adjoining this federally designated land. It is entirely in keeping 
with one of our principal objectives for Federal land use policy: to 
restore the Federal Government as a good neighbor to the communities 
impacted by the Federal lands.
  In 1981, a portion of highway 209 was transferred from the 
Commonwealth of Pennsylvania to the National Park Service. Two years 
later, Congress closed the National Park Service segment of highway 209 
to commercial traffic except for commercial vehicular operations 
serving businesses or persons located in or contiguous to the 
boundaries of the recreation area. Congress also authorized the Park 
Service to collect and retain fees from commercial use of the road. A 
10-year transition period was established to accommodate impacts on the 
surrounding communities until alternative trucking routes could be 
built. Congress later passed two additional extensions of the 
commercial vehicle permitting authority through September 30, 2015.
  As the third extension permitting commercial vehicle use of highway 
209 neared expiration, local elected officials requested that Congress 
enact legislation to permit access for smaller class commercial 
vehicles for businesses physically located in towns adjacent to highway 
209. H.R. 560 provides for such an extension, establishes up a fee 
structure, and exempts certain vehicles from the fee, thus protecting 
residents of these communities from additional disruption and 
inconvenience.
  Congressman Marino should be commended for his efforts to resolve 
this vexing issue for his constituents.
  A nearly identical version of this legislation passed the House by 
voice vote in the 114th Congress. I urge adoption of this bill.
  I reserve the balance of my time.
  Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
  This bill, H.R. 560, amends the Delaware Water Gap National 
Recreation Area Improvement Act to extend a waiver for certain 
commercial traffic on U.S. Route 209, a federally owned highway that 
runs through the Delaware Water Gap National Recreation Area.
  When Congress decided to restrict commercial traffic on the portion 
of the highway that runs through the recreation area, the law included 
an exemption for certain vehicles that belong to nearby businesses and 
municipal governments. This bill provides a 5-year extension of that 
exemption in order to facilitate continued access for local residents.
  The National Park Service, which manages the area, supports the bill; 
and it passed the House, as my colleague from California mentioned, 
last year by voice vote. I urge my colleagues to support the adoption 
of this bill.
  I reserve the balance of my time.
  Mr. McCLINTOCK. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Pennsylvania (Mr. Marino), the author of the 
measure.
  Mr. MARINO. Mr. Speaker, I rise today in support of H.R. 560, my bill 
to reauthorize limited commercial vehicle traffic along Route 209 
through the Delaware Water Gap National Recreation Area. Tomorrow marks 
16 months during which uncertainty has reigned over this 21-mile 
stretch of road running through my district.
  Over 30 years ago, the Commonwealth of Pennsylvania transferred Route 
209, then a State road, to the National Park Service. As commercial 
vehicle traffic is banned on roads within our national parks, it would 
ultimately be restricted on this stretch of Route 209. But at that 
time, a 10-year exemption was made to support the local freight 
transport industry and because acceptable alternative routes were 
unavailable.
  After multiple extensions, the most recent commercial vehicle 
authorization expired at the end of September 2015. To address the 
problem, county and township officials from the surrounding areas met 
with the National Park Service and my staff to negotiate a new plan. 
They recognized a continuing need to allow some commercial vehicles 
access and settled on the carefully crafted language we are considering 
today.

  The work to produce this extension acknowledges the continued need of 
the employers, businesses, and homeowners in Pike and Monroe Counties. 
Unfortunately, although the House passed identical language in the 
114th Congress and the Senate moved it to the floor, this important 
legislation failed to become law. The resulting uncertainty created 
hardship for families and businesses in the communities neighboring the 
Delaware Water Gap National Recreation Area.
  The lack of access to this stretch of road has cast a cloud on a wide 
range of local businesses from heating fuel and package delivery to 
plumbers and electricians. Homeowners cannot access the services they 
need and countless jobs are in jeopardy. This is a critical piece of 
legislation for my constituents. We must pass it today and urge the 
Senate to act just as quickly.
  I want to thank Chairman Bishop and Federal Lands Subcommittee 
Chairman McClintock, and I want to thank my colleagues on the other 
side of the aisle for their support and work with my staff to bring 
this bill to the floor as quickly as possible.
  I urge my colleagues to support it.
  Mr. SABLAN. Mr. Speaker, I want to congratulate my colleague, Mr. 
Marino, for his leadership and his effort in the introduction and 
efforts towards the hopeful passage of H.R. 560. I want to also thank 
my good friend from California for this afternoon's wonderful time 
managing these six bills.
  I urge the passage of H.R. 560.
  I yield back the balance of my time.
  Mr. McCLINTOCK. I would just add that this and all the bills we heard 
today authored by both Republicans and Democrats, which passed this 
House in the last session, unanimously, were all stalled in the Senate. 
I would only express the hope that the Senate, this year, will act on 
these measures and do its duty as the coequal branch of the legislative 
department of this government.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. McClintock) that the House suspend the 
rules and pass the bill, H.R. 560.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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