[Senate Report 104-46]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 69
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-46
_______________________________________________________________________


 
 COMMERCIAL VEHICLES IN THE DELAWARE WATER GAP NATIONAL RECREATION AREA

                                _______


    April 7 (legislative day, April 5), 1995.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 536]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 536) to prohibit the use of Highway 209 
within the Delaware Water Gap National Recreation Area by 
certain commercial vehicles, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the Act do pass.

                         Purpose of the Measure

    The purpose of H.R. 536 is to permit the National Park 
Service to reinstitute the program of collecting fees for 
commercial vehicular traffic within Delaware Water Gap National 
Recreation Area for a period of 10 years.

                          Background and need

    The Delaware Water Gap National Recreation Area in 
Pennsylvania and New Jersey preserves lands on both sides of 
the Delaware River. Route 209 runs 21 miles through the middle 
of the National Recreation Area. For many years, Route 209 
served as a major truck route, because of its easier grades and 
shorter route from New England to Pennsylvania. In 1981, route 
209 was transferred to the National Park Service (NPS). A 
provision of Public Law 98-63, the Fiscal Year 1983 
Supplemental Appropriations Act, closed the park segment of 
Route 209 to commercial traffic, authorized the NPS to collect 
and keep fees and provided a sunset clause for the provision. 
The law provided that the legislative authority would expire on 
July 30, 1993, or upon completion of I-287 (an alternative 
route which was expected to be finished by 1993), whichever 
came first.
    To implement the law, the NPS set up checkpoints and toll 
booths to collect fees from commercial traffic. Since 1983, the 
number of commercial trucks using Route 209 dropped 
significantly. The fees collected from the commercial trucks 
that are allowed on Route 209 cover the NPS's costs of 
collection, but do not fully cover road maintenance.
    The NPS has regulatory authority to ban commercial traffic 
in parks unless such traffic is local in nature, but not to 
retain the fees in the parks. Delaware Water Gap National 
Recreation Area is unique in this toll arrangement.

                          Legislative History

    H.R. 536 passed the House of Representatives on March 15, 
1995.
    In the 103d Congress, similar provisions were contained in 
H.R. 3252, a comprehensive bill on parks, rivers, trail and 
historic sites. The Subcommittee on Public lands, National 
Parks and Forests held a hearing on H.R. 3252 on May 19, 1994, 
the Committee ordered H.R. 3252 to be favorably reported on 
September 21, 1994. No final action was taken by the Senate.
    At the business meeting on March 29, 1995, the Committee on 
Energy and Natural Resources ordered H.R. 536 favorably 
reported, without amendment.

           Committee Recommendations and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on March 29, 1995, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 536 
without amendment.
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        Yeas                          Nays
Mr. Murkowski
Mr. Hatfield \1\
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell \1\
Mr. Thomas \1\
Mr. Kyl \1\
Mr. Grams
Mr. Jeffords \1\
Mr. Burns \1\
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman
Mr. Akaka
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan

     \1\Indicates voted by proxy.

                         Summary of the Measure

    The bill provides that as of September 30, 2005, commercial 
vehicular used of Delaware Water Gap National Recreation Area 
is prohibited, except for commercial vehicles serving 
businesses within or in the vicinity of the recreation area. 
The Secretary of the Interior is authorized to develop policies 
necessary to implement this provision. This section also 
authorizes the Secretary to charge up to $25 for each 
commercial vehicle using route 209 and to utilize those funds 
without further appropriation.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 3, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 536, an act to 
prohibit the use of highway 209 within the Delaware Water Gap 
National Recreation Area by certain commercial vehicles, and 
for other purposes.
    Enactment of H.R. 536 would affect direct spending. 
Therefore, pay-as-you-go procedures would apply to the act.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

               Congressional Budget Office Cost Estimate

    1. Bill number: H.R. 536.
    2. Bill title: An act to prohibit the use of highway 209 
within the Delaware Water Gap National Recreation Area by 
certain commercial vehicles, and for other purposes.
    3. Bill status: As ordered reported by the Senate Committee 
on Energy and Natural Resources on March 29, 1995.
    Bill purpose: H.R. 536 would prohibit all commercial 
vehicles from using highway 209 within the Delaware Water Gap 
National Recreation Area, with limited exceptions, after 
September 30, 2005. Until that time, the act would authorize 
the National Park Service (NPS) to collect commercial use fees 
of up to $25 per trip. The NPS previously had the authority to 
collect fees, but it expired in fiscal year 1993.
    Estimated cost to the Federal Government: The NPS is 
currently using appropriated funds to operate check stations on 
highway 209 to monitor commercial traffic. CBO estimates that 
enacting H.R. 536 would result in a small decrease in spending 
subject to appropriations, because the currently appropriated 
spending would be replaced by direct spending. The net impact 
on direct spending, however, would be close to zero because the 
new fees authorized by the act would offset the cost of 
collecting the fees. Under H.R. 536, the fees collected would 
be available, without further appropriation, to pay the cost of 
operating the stations.

------------------------------------------------------------------------
                                   1996    1997    1998    1999    2000 
------------------------------------------------------------------------
Authorization:                                                          
    Estimated authorization                                             
     level......................    -0.3    -0.3    -0.3    -0.3    -0.3
    Estimated outlays...........    -0.3    -0.3    -0.3    -0.3    -0.3
Direct Spending:                                                        
    Estimated authorization                                             
     level......................   (\1\)   (\1\)   (\1\)   (\1\)   (\1\)
    Estimated outlays...........   (\1\)   (\1\)   (\1\)   (\1\)  (\1\) 
------------------------------------------------------------------------
\1\ Less than $50,000.                                                  

    The costs of this act fall within budget function 300.
    The NPS is currently spending about $275,000 of annually 
appropriated funds to operate the highway 209 check stations 
for limited hours. Based on information provided by the NPS, 
CBO estimates that total fee receipts under H.R. 536 would 
approximately equal the cost of operating the stations for 24 
hours per day--about $300,000 per year. The NPS plans to set an 
initial fee level of $10 per trip, and to increase the fee as 
necessary to continue to offset the operating costs. Such 
future increases in the fee level are likely because the amount 
of commercial traffic on the road is expected to decline over 
time.
    After September 30, 2005, all commercial traffic would be 
prohibited. The NPS plans to close the check stations at that 
time, so the spending and the offsetting receipts would both 
end. The ban on commercial traffic would be enforced with 
existing traffic patrols. Should the NPS be unable to collect 
sufficient fees in the interim to pay the costs of collection, 
they would probably move more quickly to close the stations.
    6. Comparison with spending under current law: The current 
spending for operating check stations on highway 209 is 
approximately $275,000. Enacting H.R. 536 would eliminate the 
need for appropriated funds for this purpose and substitute 
spending from amounts collected in fees. Hence, the act would 
likely lead to a small net decrease in federal outlays 
associated with highway 209.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. CBO estimates that enactment 
of H.R. 536 would have a very small impact on direct spending. 
Therefore, pay-as-you-go procedures would apply. (The act would 
not affect governmental receipts.)

------------------------------------------------------------------------
                                                      1996   1997   1998
------------------------------------------------------------------------
Change in outlays..................................      0      0      0
Change in receipts.................................  (\1\)  (\1\)  (\1\)
------------------------------------------------------------------------
\1\ Not applicable.                                                     

    8. Estimated cost to state and local governments: None.
    9. Estimate comparison: None.
    10. Previous CBO estimate: On February 23, 1995, CBO 
prepared a cost estimate for H.R. 536, as ordered reported by 
the House Committee on Resources on February 15, 1995. The two 
cost estimates are identical.
    11. Estimate prepared by: Deborah Reis.
    12. Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 536. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 536, as ordered reported.

                        Executive Communications

    On March 24, 1995, the Committee on Energy and Natural 
Resources has requested legislative reports from the Department 
of the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on H.R. 536. These 
reports had not been received at the time the report on H.R. 
536 was filed. When these reports become available, the 
Chairman will request that they be printed in the Congressional 
Record for the advice of the Senate.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act H.R. 536, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                          ACT OF JULY 30, 1983

 AN ACT Making supplemental appropriations for the fiscal year ending 
               September 30, 1983, and for other purposes

          * * * * * * *

                                TITLE I

          * * * * * * *

                              CHAPTER VII

                       DEPARTMENT OF THE INTERIOR

          * * * * * * *

                       ADMINISTRATIVE PROVISIONS

          * * * * * * *
    In order to further the purposes of the Delaware Water Gap 
National Recreational Area, and to provide for the public 
safety of the visitors to the recreation area and the citizens 
of the States of New Jersey and Pennsylvania:
    [(1) Highway 209, as a federally owned road within the 
boundaries of the recreation area, is hereby closed to all 
commercial vehicular traffic upon enactment of this law, except 
for those commercial vehicular operations which are based 
within the recreation area, or which have business facilities 
in Monroe and Pike Counties, Pennsylvania, operating, on the 
date of enactment, commercial vehicular traffic originating or 
terminating outside the recreation area, and except for those 
commercial vehicular operations which are necessary to provide 
services to businesses and persons located within or contiguous 
to the boundaries of the recreation area.
    [(2) The Secretary of the Interior is authorized and 
directed, notwithstanding any other law, to establish a 
commercial operation fee for the use, in accordance with 
subsection (1), of highway 209 for all commercial vehicles, 
except for commercial vehicular operations serving businesses 
or persons located in or contiguous to the boundaries of the 
recreation area: Provided, That the fee schedule may not exceed 
$7 per trip: Provided further, That all fees received shall be 
set aside in a special account and are available, without 
further appropriation, for the management, operation, 
construction, and maintenance of highway 209 within the 
boundaries of the recreation area.
    [(3) The provisions of subsection (1) of this section shall 
terminate on December 31, 1983. The provisions of subsection 
(2) of this section shall terminate three years from the 
enactment of this section unless construction of the I-287 
bypass and the construction of high occupancy vehicle lanes or 
auxiliary lanes on I-287 from, the I-287 intersection with 
State Route 22 in Somerset County to the I-287 intersection 
with I-80 in Morris County in New Jersey or any other feasible, 
suitable alternative has been commenced. In the event 
construction has been commenced subsection (2) of this section 
will terminate ten years from the enactment of this section, or 
when construction of I-287 bypass and the construction of high 
occupancy vehicle lanes or auxiliary lanes on I-287 from the I-
287 intersection with State Route 22 in Somerset County to the 
I-287 intersection with I-80 in Morris County in New Jersey or 
any other feasible, suitable alternative is completed, 
whichever occurs first.]
          * * * * * * *