[Senate Report 110-287]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 639
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-287

======================================================================



 
          NEW JERSEY COASTAL HERITAGE TRAIL AUTHORIZATION ACT

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1039]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1039) to extend the authorization for the 
Coastal Heritage Trail in the State of New Jersey, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. EXTENSION OF AUTHORIZATION.

  Section 6 of Public Law 100-515 (16 U.S.C. 1244 note) is amended as 
follows:
          (1) Strike paragraph (1) of subsection (b) and insert the 
        following new paragraph:
          ``(1) In general.--Amounts made available under subsection 
        (a) shall be used only for--
                  ``(A) technical assistance;
                  ``(B) the design and fabrication of interpretive 
                materials, devices, and signs; and
                  ``(C) the preparation of the strategic plan.''.
          (2) Paragraph (3) of subsection (b) is amended by inserting 
        after subparagraph (B) a new subparagraph as follows:
                  ``(C) Notwithstanding paragraph (3)(A), funds made 
                available under subsection (a) for the preparation of 
                the strategic plan shall not require a non-Federal 
                match.''.
          (3) Subsection (c) is amended by striking ``2007'' and 
        inserting ``2011''.

                                Purpose

    The purpose of S. 1039 is to extend the authorization for 
the New Jersey Coastal Heritage Route by four years, from 2007 
through 2011.

                          Background and Need

    In 1988 Congress enacted Public Law 100-515, which 
authorized the Secretary of the Interior 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 
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, 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.
    During the 109th Congress, Public Law 109-338 was enacted 
reauthorizing Federal funding for the New Jersey Coastal 
Heritage Trail Route until September 30, 2007, while also 
requiring a strategic plan to be prepared by the Secretary of 
the Interior three years after funds are made available. 
Because the sunset date has passed, an extension of authority 
is necessary to allow adequate time to complete the preparation 
of the strategic plan. The strategic plan is an important tool 
to help the trail develop a long-term management strategy that 
includes a variety of options for sustainability of the trail. 
In order to carry out this provision, S. 1039 extends the 
authorization for Federal funding for the trail to September 
30, 2011, to match the time period for the completion and 
transmittal of the strategic plan.

                          Legislative History

    S. 1039 was introduced by Senators Lautenberg and Menendez 
on March 29, 2007. The Subcommittee on National Parks held a 
hearing on the bill on September 27, 2007. (S. Hrg. 110-266.)
    During the 109th Congress, the Committee considered a 
similar measure, S. 48, except that it extended the 
authorization for Federal funding for the trail only through 
September 30, 2007. S. 48 was ordered reported by the Committee 
on February 16, 2005 (S. Rept. 109-41). The text of the bill 
was incorporated as an amendment to S. 203, which became Public 
Law 109-338.
    At its business meeting on January 30, 2008, the Committee 
on Energy and Natural Resources ordered S. 1039 favorably 
reported, with an amendment in the nature of a substitute.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1039, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 1039, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
incorporated recommendations made by the National Park Service 
to authorize the Secretary of the Interior to use Federal 
funding to complete the strategic plan for the New Jersey 
Coastal Heritage Trail Route.

                           Summary of S. 1039

    S. 1039 amends section 6 of Public Law 100-515 to extend 
the authorization for the New Jersey Coastal Heritage Trail 
Route from September 30, 2007 through September 30, 2011, and 
to authorize the Secretary of the Interior to use appropriated 
funds to prepare a strategic plan for the route.

                   Cost and Budgetary Considerations

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

S. 1039--A bill to extend the authorization for the Coastal Heritage 
        Trail in the state of New Jersey

    S. 1039 would reauthorize funding for the Coastal Heritage 
Trail in New Jersey. Specifically, the bill would authorize the 
appropriation of whatever amounts are necessary for 
interpretive activities through 2011. (That authorization 
expired in 2007.) Based on information provided by the National 
Park Service and assuming the availability of appropriated 
funds, CBO estimates that the federal government would spend $3 
million over the 2009-2011 period to implement the bill. That 
spending would support strategic planning and other authorized 
activities for the trail. Enacting the bill would not affect 
direct spending or revenues.
    S. 1039 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.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
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 S. 1039. 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. 1039, as ordered reported.

                   Congressionally Directed Spending

    S. 1039, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in Rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The testimony provided by the National Park Service at the 
September 27, 2007 subcommittee hearing on S. 1039 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee to present the Department of the 
Interior's views on S. 1039 a bill to extend the authorization 
for the New Jersey Coastal Heritage Trail Route for an 
additional four years.
    The Department supports enactment of this bill with two 
amendments.
    The Act of October 20, 1988 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, 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.
    Extending the authorization of the trail would enable the 
National Park Service to complete implementation of the trail 
plan, as supported by the public and our partners. Without 
additional time and funding, the New Jersey Coastal Heritage 
Trail Route will be left incomplete. 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. Additionally, commitments to trail partners would go 
unfulfilled, and many additional natural and cultural resources 
would not receive the partnership assistance leveraged by the 
trail.
    Public Law 109-338, the National Heritage Areas Act of 
2006, reauthorized federal funding for the New Jersey Coastal 
Heritage Trail Route until September 30, 2007, while also 
requiring a strategic plan to be prepared by the Secretary 
three years after funds are made available. The current sunset 
date of September 30, 2007 does not provide adequate time to 
complete the preparation of the strategic plan. The strategic 
plan is an important tool to help the trail develop a long-term 
management strategy that includes a variety of options for 
sustainability of the trail. In order to carry out this 
provision, the authorization for federal funding for the trail 
should be extended to September 30, 2011, to match the time 
period for the completion and transmittal of the strategic 
plan.
    The Department recommends two amendments to the bill. 
First, we recommend that the long title of the bill be amended 
to use the generally accepted name of the trail, which is the 
New Jersey Coastal Heritage Trail Route. Second, the current 
authorization of appropriations for the New Jersey Coastal 
Heritage Trail Route is limited to the Secretary providing 
technical assistance and funds for the design and fabrication 
of interpretive materials, devices and signs. All federals 
funds under the enabling legislation require a non-federal, 
one-to-one match. We recommend that S. 1039 be amended to 
authorize the Secretary to use federal funding to complete the 
strategic plan since the current authorization does not allow 
for funds to be used for this purpose.
    Mr. Chairman, this concludes my testimony. I would be 
pleased to answer any questions you or other members of the 
committee may 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 
the bill S. 1039 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


 An Act To Provide for the Establishment of the Coastal Trail Route in 
            the State of New Jersey, and for Other Purposes

                      (Approved October 20, 1988)

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

SECTION 1. DESIGNATION OF NEW JERSEY COASTAL HERITAGE TRAIL ROUTE.

    In order to provide for public appreciation, education, 
understanding, and enjoyment, through a coordinated 
interpretive program of certain nationally significant natural 
and cultural sites associated with the coastal area of the 
State of New Jersey that are accessible generally by public 
road, the Secretary of the Interior (hereinafter referred to as 
the ``Secretary''), acting through the Director of the National 
Park Service, with the concurrence of the agency having 
jurisdiction over such roads, is authorized to designate, by 
publication of a map or other description thereof in the 
Federal Register, a vehicular tour route along existing public 
roads linking such natural and cultural sites in New Jersey. 
Such route shall be known as the New Jersey Coastal Heritage 
Trail Route (hereinafter referred to as the ``route'').

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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.]
          (1) In general.--Amounts made available under 
        subsection (a) shall be used only for--
                  (A) technical assistance;
                  (B) the design and fabrication of 
                interpretive materials, devices, and signs; and
                  (C) the preparation of the strategic 
                management plan.
          (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] 2011.

           *       *       *       *       *       *       *


                                  
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