[Senate Report 109-41]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 57
109th Congress                                                   Report
                                 SENATE
 1st Session                                                     109-41
======================================================================

 
       NEW JERSEY COASTAL HERITAGE TRAIL ROUTE APPROPRIATIONS ACT

                                _______
                                

                 March 17, 2005.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                          [To accompany S. 48]

    The Committee on Energy and Natural Resources, to which was 
referred the bill, S. 48, to reauthorize appropriations for the 
New Jersey Coastal Heritage Trail Route, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill, as amended, do 
pass.
    The amendments are as follows:
    1. Beginning on page 1, strike line 6 and all that follows 
through page 2, line 5, and insert the following:

    ``(a) Reauthorization.--Public Law 100-515 (16 U.S.C. 1244 
note) is amended by striking section 6 and inserting the 
following:

`SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

      `(a) In General.--There are authorized to be appropriated 
to the Secretary such sums as are necessary to carry out this 
Act.
      `(b) Use of Funds.--
          `(1) In general.--Amounts made available under 
        subsection (a) shall be used only for--
                  `(A) technical assistance; and
                  `(B) the design and fabrication of 
                interpretive materials, devices, and signs.
          `(2) Limitations.--No funds made available under 
        subsection (a) shall be used for--
                  `(A) operation, repair, or construction 
                costs, except for the costs of constructing 
                interpretive exhibits; or
                  `(B) operation, maintenance, or repair costs 
                for any road or related structure.
          `(3) Cost-sharing requirement.--
                  `(A) Federal share.--The Federal share of any 
                project carried out with amounts made available 
                under subsection (a)--
                          `(i) may not exceed 50 percent of the 
                        total project costs; and
                          `(ii) shall be provided on a matching 
                        basis.
                  `(B) Form of non-federal share.--The non-
                Federal share of carrying out a project with 
                amounts made available under subsection (a) may 
                be in the form of cash, materials, or in-kind 
                services, the value of which shall be 
                determined by the Secretary.
    `(c) Termination of Authority.--The authorities provided to 
the Secretary under this Act shall terminate on September 30, 
2007.'.''

    2. On page 2, line 7, strike ``2'' and insert ``3''.
    3. On page 2, line 8, strike ``of enactment of this Act'' 
and insert ``on which funds are made available''.

                         Purpose of the Measure

    As ordered reported, the purpose of S. 48 is to authorize 
appropriations for the New Jersey Coastal Heritage Trail, 
through September 2007.

                          Background and Need

    In 1988 the Congress enacted Public Law 100-515 authorizing 
the New Jersey Coastal Heritage Route. That Act authorized a 
route that links nationally significant natural and cultural 
sites and internationally significant habitats for migratory 
birds along the coastal areas of New Jersey. The New Jersey 
Coastal Heritage Trail (Heritage Trail) runs south for 300 
miles from Perth Amboy along the Atlantic Ocean to Cape May and 
then west along the Delaware Bay to the Delaware Memorial 
Bridge. The trail is currently operated as an affiliated area 
of the National Park Service, which provides technical 
assistance to the State of New Jersey and various private and 
community-based organizations. Non-Federal funds provide at 
least fifty percent of the funding for the Heritage Trail and 
no Federal funds are used for the operation, maintenance or 
repair of any road structure.
    Three of the five theme routes proposed for the Heritage 
Route are currently open. They showcase aspects of New Jersey 
coastal life such as maritime history, wildlife migration and 
coastal wildlife habitats. The two remaining trails are based 
on the themes of historic settlements and inspiration and are 
under development. Overall, sixty destinations are linked under 
the five interpretive themes.
    Several other projects are also planned to enhance the 
coastal trail. These projects include: construction of a New 
Jersey State Park facility on the trail at Double Trouble State 
Park, continuing construction on the Welcome Center at Sandy 
Hook and construction of a Welcome Center in the Absecon 
region; and the development of interpretive media, including 
brochures, videos and exhibits.
    S. 48 would increase the current authorization for 
appropriation from $4 million to $8 million. The bill would 
also extend the deadline for the completion of the project from 
May 2004 until May 2010. Under S. 48, the National Park Service 
would be required to complete a strategic plan for the long 
term maintenance of the coastal route. Finally the bill would 
increase the advisory role of the National Park Service to 
include the authority to award grants to the Heritage Trail.

                          Legislative History

    S. 48 was introduced by Senators Lautenberg and Corzine on 
February 16, 2005. During the 108th Congress, the Committee 
considered identical legislation, S. 2142, also sponsored by 
Senators Lautenberg and Corzine. The Subcommittee on National 
Parks held a hearing on S. 2142 on July 15, 2004. At the 
business meeting on September 15, 2004, the Committee on Energy 
and Natural Resources ordered S. 2142 favorably reported (S. 
Rept. 108-366), with amendments. S. 2142 passed the Senate, as 
amended, by unanimous consent on October 10, 2004. The House of 
Representatives did not consider the bill prior to the sine die 
adjournment of the 108th Congress.
    Language to reauthorize appropriations for the New Jersey 
Coastal Heritage Trail Route was included as Title IV of H.R. 
4492, a bill addressing several National Heritage Areas. H.R. 
4492 was passed by The House of Representatives on July 19, 
2004, but was not considered in the Senate.
    Similar language was also included as a House amendment to 
S. 1521, a bill authorizing a land conveyance in Nevada. The 
amended bill, which addressed several heritage areas, was 
passed by the House on October 4, 2004. The Senate concurred in 
the House amendment with additional amendments (the New Jersey 
Coastal Heritage Trail route provision was not affected) on 
December 7, 2004. However, the House did not take any further 
action on the Senate amendment.
    At its business meeting on February 16, 2005, the Committee 
on Energy and Natural Resources ordered S. 48 favorably 
reported, with amendments.

                          Committee Amendments

    During its consideration of S. 48, the Committee adopted 
three clarifying amendments. Amendment #1 amends Section 6 of 
the route's enabling Act (Public Law 100-515) to authorize the 
appropriations of such sums as are necessary through September 
30, 2007.
    The other two amendments direct the Secretary of the 
Interior to prepare a strategic plan for the route within 3 
years after the date funds are made available instead of the 2 
years specified in the bill as introduced.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in an open 
business session on February 16, 2005, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
48, as described herein.

                      Section-by-Section Analysis

    Section 1(a) amends section 6 of Public Law 100-515 (16 
U.S.C. 1244 note) to authorize the appropriation of such sums 
as may be necessary to carry out the Act. The previous 
appropriation ceiling was $4 million. The rest of the section 
restates existing provisions in Section 6, except that the 
authorities provided to the Secretary of the Interior under 
this section terminate on September 30, 2007.
    Subsection (b) requires that the Secretary of the Interior 
prepare a strategic plan for the Heritage Route not later than 
3 years after the date funds are made available.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested, but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      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 
incarrying out S. 48.
    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 S. 48.

                        Executive Communications

    During the 108th Congress, the Committee considered similar 
legislation, S. 2567. The views of the Administration on S. 
2567 were included in testimony received by the Committee at a 
hearing on the bill on September 15, 2004, as follows:

 Statement of A. Durand Jones, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee to present the views of the Department of 
the Interior on S. 2142, a bill to authorize appropriations for 
the New Jersey Coastal Heritage Trail Route and for other 
purposes. The Department supports the bill if amended to strike 
the new grant making authority and if the Secretary prepares 
the strategic plan in partnership with the State. Funding for 
the trail for fiscal year 2005 is included within the 
President's Budget, pending reauthorization of the trail.
    S. 2142 has four main objectives. First, it would extend 
the authority for National Park Service participation in the 
New Jersey Coastal Heritage Trail Route for five years from May 
2004 to May 2009. Second, it would increase the appropriations 
authorized for the trail from $4 million to $8 million. Third, 
it would require a strategic plan to be completed within four 
years that both describes opportunities to increase 
participation by national and local private and public 
interests in the planning, development, and administration of 
the New Jersey Coastal Heritage Trail Route and that outlines 
organizational options for sustaining the trail. Finally, it 
authorizes the Secretary to provide grants, subject to the 
availability of appropriations, to partners managing designated 
trail designations.
    The Department is opposed to the grant making authority 
provision contained in S. 2142. We cannot support this new 
Federal funding commitment at a time when we are trying to 
focus our available resources on taking care of existing 
National Park Service responsibilities. In addition, projects 
within the region may qualify for current competitive grant 
programs such as the Land and Water Conservation Fund; Save 
America's Treasures; Rivers, Trails and Conservation Assistance 
program; and the newly proposed Preserve America initiative.
    The strategic plan authorized in S. 2142 could be an 
important tool to help the trail develop a long-term management 
strategy that includes creating a self-sustaining funding 
mechanism that does not depend indefinitely on operational 
funding from the National Park Service. We would recommend that 
the bill be amended to require this strategic plan to be done 
in partnership with the State.
    Reauthorization of the trail would enable the National Park 
Service to complete implementation of the trail plan, as 
supported by the public and our partners in the Implementation 
Guide, a blueprint for overall trail development. Without 
additional time and funding, the New Jersey Coastal Heritage 
Trail Route will be left incomplete. Commitments to trail 
partners would go unfulfilled, and many additional natural and 
cultural resources would not receive the partnership assistance 
leveraged by the trail that supports public awareness and 
stewardship through this program. Implementation of the plan is 
also critical in building a base of sustainable partners and 
developing a strategy for the long-term management of the 
trail.
    The Act of October 20, 1988, as amended in 1994 and 1999, 
authorized the Secretary to designate a vehicular tour route in 
coastal New Jersey and to prepare an inventory of sites along 
the route. An interpretive program was also mandated to provide 
for public appreciation, education, understanding and enjoyment 
of important fish and wildlife habitats, geologic and 
geographical landforms, cultural resources, and migration 
routes in coastal New Jersey. The Secretary was authorized to 
provide technical assistance, prepare and distribute 
information, and erect signs along the route. The trail links 
national wildlife refuges, national parklands, National 
Historic Landmarks, and National Register sites with important 
historic communities, state parks, natural areas, and other 
resources to tell the story of New Jersey's role in shaping 
U.S. history and in providing internationally important 
habitats for bird and other migrations.
    The trail, an affiliated area of the National Park System, 
is a partnership among the National Park Service; the State of 
New Jersey through its Department of Environmental Protection, 
Commerce and Economic Growth Commission, and Pinelands 
Commission; and many local government and private non-profit 
partners. Through interpretation of five themes (Maritime 
History, Coastal Habitats, Wildlife Migration, Relaxation & 
Inspiration, and Historic Settlements), the trail brings 
attention to important natural and cultural resources along 
coastal New Jersey. The trail demonstrates the potential of new 
public/private partnerships that allow the National Park 
Service to meet its core mission of natural and cultural 
resource preservation along with interpretation and public 
education in a cost-efficient manner through technical 
assistance while reducing operational responsibilities. No 
Federal funds are used for operations, maintenance, or repair 
of any road or related structure.
    The trail has been authorized an appropriation of not more 
than $4,000,000 to carry out its purposes during the ten years 
between 1994 and May 2004. The $3.9 million in Federal support 
between 1994 and 2004 included $1.2 million in development 
funding and $2.3 million in National Park Service operational 
support. The trail has received $1.9 million in cash grants and 
$3.6 million in selected in-kind contributions and partnership 
support, well exceeding the one-to-one matching requirement 
established by the 1994 amendments. Since the authorization 
ceiling has almost been met, the Department supports increasing 
the ceiling by an additional $4 million.
    The New Jersey Coastal Heritage Trail Route has special 
value to the National Park Service. With over 10 years of 
experience behind it, it serves as a model for successful 
partnerships among the Federal government, state and local 
governments, and partner organizations. Instead of traditional 
Federal ownership, the Trail uses technical assistance through 
interpretation as the protection strategy for the resources 
along the 300 miles of New Jersey coastline where people 
continue to live and work. Land ownership and day-to-day 
operations remain with the partner organizations and agencies. 
It is an example of an integrated system of local, state, and 
Federal partnership cooperation with people working on a state-
wide level to promote preservation and stewardship of resources 
as well as economic development strategies. It is an excellent 
example of the ``seamless network of parks'' strategy 
encouraged by the Department. The costs are very modest when 
compared to the management expense of national park units.
    For example, the Delsea Region Welcome Center for the trail 
is located at Fort Mott State Park. The State contributed 
workspace, rehabilitated the building, assisted with exhibit 
development, and has operated and staffed the facility since it 
opened in 1993. The National Park Service assisted by 
developing exhibits for both the park and for the trail, and by 
preparing an audio-visual orientation program. Attendance at 
Fort Mott has nearly quadrupled since becoming a trail 
destination and Welcome Center.
    The trail produces brochures and a web page that provide 
national visibility to destinations and resources that might 
otherwise be overlooked. Over sixty destinations are linked 
under the five interpretive themes. All trail destinations 
provide their own management, staffing, and public programs. 
The trail supports ecotourism and heritage tourism initiatives 
in New Jersey where tourism is the second largest employer, 
creating over 400,000 jobs in 2003 and bringing in $26 billion 
in tourism- related expenditures. Last year over 50 million 
visits were made to the New Jersey shore regions--a huge 
audience for the awareness, preservation, and stewardship 
message of the trail. Millions of visitors go to the New Jersey 
Shore to enjoy the beaches in the summer. The trail not only 
provides rainy day alternatives for tourists, but it also 
extends the summer season and provides additional year-round 
opportunities for both residents and visitors who visit the 
Jersey Shore on an annual basis.
    The trail has also supported cutting edge environmental and 
migratory habitat research through two National Park Foundation 
grant projects in partnership with New Jersey Audubon using 
Doppler radar and acoustic sound recordings to track nighttime 
songbird migration through New Jersey. This is critical as New 
Jersey lies along the migratory Atlantic Flyway, and the 
Delaware Bayshore region of New Jersey is designated as a 
Ramsar Treaty Wetland of International Importance component of 
the Western Hemisphere Shorebird Reserve Network, and a site in 
the Nature Conservancy's Last Great Places Program.
    Mr. Chairman, thank you for the opportunity to comment. 
This concludes my prepared remarks, and I will be happy to 
answer any questions you or other committee members might have.

                        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 
S. 48, 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):

                   Public Law 100-515, 100th Congress


 AN ACT To provide for the establishment of the Coastal Heritage Trail 
        Route in the State of New Jersey, and for other purposes

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

           *       *       *       *       *       *       *

    [(a) Reauthorization.--Section 6 of Public Law 100-5-5 (16 
U.S.C. 1244 note) is amended--
          [(1) in subsection (b)(1), by striking ``$4,000,000 
        and all that follows and inserting ``such sums as are 
        necessary'', and
          [(2) in subsection (c), by striking ``10'' and 
        inserting ``12''.]
    (a) Reauthorization.--Public Law 100-515 (16 U.S.C. 1244 
note) is amended by striking section 6 and inserting the 
following:

``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated 
to the Secretary such sums as are necessary to carry out this 
Act.
    ``(b) Use of Funds.--
          ``(1) In general.--Amounts made available under 
        subsection (a) shall be used only for--
                  ``(A) technical assistance; and
                  ``(B) the design and fabrication of 
                interpretive materials, devices, and signs.
          ``(2) Limitations.--No funds made available under 
        subsection (a) shall be used for--
                  ``(A) operation, repair, or construction 
                costs, except for the costs of constructing 
                interpretive exhibits; or
                  ``(B) operation, maintenance, or repair costs 
                for any road or related structure.
          ``(3) Cost-sharing requirement.--
                  ``(A) Federal share.--The Federal share of 
                any project carried out with amounts made 
                available under subsection (a)--
                          ``(i) may not exceed 50 percent of 
                        the total project costs; and
                          ``(ii) shall be provided on a 
                        matching basis.
                  ``(B) Form of non-federal share.--The non-
                Federal share of carrying out a project with 
                amounts made available under subsection (a) may 
                be in the form of cash, materials, or in-kind 
                services, the value of which shall be 
                determined by the Secretary.
    ``(c) Termination of Authority.--The authorities provided 
to the Secretary under this Act shall terminate on September 
30, 2007.''.
    (b) Strategic Plan.--
          (1) In general.--Not later than [2] 3 years after the 
        date [of enactment of this Act] on which funds are made 
        available, the Secretary of the Interior shall prepare 
        a strategic plan for the New Jersey Coastal Heritage 
        Trail Route.
          (2) Contents.--The strategic plan shall describe--
                  (A) opportunities to increase participation 
                by national and local private and public 
                interests in the planning, development, and 
                administration of the New Jersey Coastal 
                Heritage Trail Route; and
                  (B) organizational options for sustaining the 
                New Jersey Coastal Heritage Trail Route.

                                  
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