[House Report 109-334]
[From the U.S. Government Publishing Office]




109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-334

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   DELAWARE WATER GAP NATIONAL RECREATION AREA NATURAL GAS PIPELINE 
                            ENLARGEMENT ACT

                                _______
                                

 December 12, 2005.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 3124]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3124) 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, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  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 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. 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)(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)).

                          PURPOSE OF THE BILL

    The purpose of H.R. 3124 is to authorize the Secretary of 
the Interior to allow the Columbia Gas Transmission Corporation 
to increase the diameter of its natural gas pipeline located 
within the Delaware Water Gap National Recreation Area.

                  BACKGROUND AND NEED FOR LEGISLATION

    Columbia Gas Transmission Corporation (Columbia) is one of 
the primary interstate pipeline suppliers in Pennsylvania. In 
1947, Columbia installed a 14-inch diameter pipeline known as 
Line 1278 in then rural areas of Pike, Northampton and Monroe 
Counties in Pennsylvania. Portions of this area were included 
in the Delaware Water Gap National Recreation Area, established 
in 1965. The National Recreation Area is administered by the 
Secretary of the Interior, acting through the National Park 
Service.
    Today, Line 1278 has become an important part of Columbia's 
energy delivery system to key eastern markets. In 2002 and 
2003, the Department of Transportation (DoT) directed Columbia 
regarding Line 1278, including additional testing, additional 
cathodic protection and replacement of portions of the 
pipeline. DoT ordered that the replacement be completed in 
2007. To comply with the DoT instructions, Columbia in December 
2003 filed an application with the Federal Energy Regulatory 
Commission to replace about 43 miles of the pipeline--including 
3.5 miles of the line that now lie within the National 
Recreation Area.
    Currently, Line 1728 runs through 14 tracts under the terms 
of the right-of-way (ROW) agreements obtained from private 
landowners prior to the creation of the Recreation Area. 
Agreements affecting 12 of the 14 tracts include language 
allowing Columbia to increase the diameter of the pipeline. Two 
of the agreements, representing about 890 feet of pipeline, did 
not include such authorization.
    The Secretary of the Interior currently lacks the authority 
to enter into modification agreements for the existing ROW to 
allow an increase in the diameter of Line 1278. To complete the 
pipeline replacement, Columbia is requesting legislation to 
authorize the Secretary of the Interior to modify existing ROW 
agreements it holds with Columbia to allow an increase in the 
diameter of Line 1278 from 14 inches to 20 inches.

                            COMMITTEE ACTION

    H.R. 3124 was introduced on June 29, 2005, by Congressman 
Don Sherwood (R-PA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks. On November 16, 2005, the Committee on 
Resources met to consider the bill, at which time the 
Subcommittee on National Parks was discharged from further 
consideration of the bill by unanimous consent. Congressman 
Stevan Pearce (R-NM) offered an amendment to assure that the 
National Park Service maintains its authority for cost 
recovery. The amendment was adopted by unanimous consent. The 
bill, as amended, was ordered favorably reported to the House 
of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill would increase offsetting receipts and 
direct spending, but ``any net change in direct spending would 
be negligible.''
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3124--Delaware Water Gap National Recreation Area Natural Gas 
        Pipeline Enlargement Act

    H.R. 3124 would authorize the National Park Service (NPS) 
to issue an easement and a construction permit to the Columbia 
Gas Transmission Corporation. These documents would enable the 
corporation to increase the diameter of a natural gas pipeline 
that crosses the Delaware Water Gap National Recreation Area in 
Pennsylvania.
    Based on information provided by the NPS, CBO estimates 
that implementing H.R. 3124 would have no significant effect on 
the federal budget. We expect that the cost of providing an 
easement and a construction permit to the Columbia Gas 
Transmission Corporation would be less than $100,000 and would 
be offset by additional administrative fees. Enacting H.R. 3124 
would not affect revenues or direct spending.
    The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    On November 22, 2005, CBO transmitted a cost estimate for 
S. 1310, the Delaware Water Gap National Recreation Area 
Natural Gas Pipeline Enlargement Act, as ordered reported by 
the Senate Committee on Energy and Natural Resources on 
November 16, 2005. The two bills are very similar, as are the 
cost estimates.
    The CBO staff contact for this estimate is Deborah Reis. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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