[House Report 112-373]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-373
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NEW YORK CITY NATURAL GAS SUPPLY
ENHANCEMENT ACT
_______
January 23, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2606]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2606) to authorize the Secretary of the Interior
to allow the construction and operation of natural gas pipeline
facilities in the Gateway National Recreation Area, and for
other purposes, 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 ``New York City Natural Gas Supply
Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Entity.--The term ``entity'' means an entity holding a
permit issued under this Act.
(2) Lease.--The term ``lease'' means an agreement that
authorizes the occupancy and use of certain designated premises
for facilities associated with the project, particularly a
meter and regulating station.
(3) Natural gas pipeline facilities.--The term ``natural gas
pipeline facilities'' means pipeline and related equipment
necessary for the transmission and distribution of natural gas,
such as meters and heating and pressure-regulating devices used
in the transportation of natural gas.
(4) Permit.--The term ``permit'' means any permits, rights-
of-way, or any other authorizations necessary for the Secretary
to authorize the construction, operation, and maintenance of
natural gas pipeline facilities in the Gateway National
Recreation Area.
(5) Project.--The term ``project'' means the natural gas
pipeline facilities within Gateway National Recreation Area,
including the meter and regulating station to be located at
Floyd Bennett Field, that are part of the Rockaway Delivery
Lateral/Brooklyn Queens Interconnect Project, as further
described in Federal Energy Regulatory Commission (FERC) Docket
No. PF09-8, and including authorized revisions to the project.
(6) Rent.--The term ``rent'' means any payment to the
Secretary pursuant to a lease for occupancy and use of
designated premises to be made in such a manner and at such
intervals as determined by the Secretary.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
SEC. 3. PERMITTING INSTRUMENTS FOR NATURAL GAS PIPELINE FACILITIES.
(a) In General.--The Secretary may issue permits to authorize the
construction, operation, and maintenance of natural gas pipeline
facilities, as provided by the project, within Gateway National
Recreation Area.
(b) Terms and Conditions.--
(1) Any rights-of-way or other permits issued for the natural
gas pipeline facilities under this section shall be consistent
with the laws and regulations generally applicable to utility
rights-of-way within units of the National Park System.
(2) Any permits issued under this section for the natural gas
pipeline facilities shall be subject to such terms and
conditions the Secretary deems appropriate.
(3) The Secretary shall charge a fee for any permits issued
under this section. The fees shall be based on fair market
value and shall also include costs incurred by the National
Park Service in processing a request for a permit; issuing a
permit, if appropriate; and monitoring the permitted
activities.
(4) Any permits issued under this section shall be for a term
of 10 years, subject to renewal with any changes to its terms
and conditions mutually agreed upon.
(c) Enforcement.--Failure to comply with, or a violation of, any term
or condition of a permit may result in a citation, or fine, or the
suspension or revocation of authorization to conduct the permitted
activity.
SEC. 4. LEASE OF BUILDINGS.
The Secretary may enter into a non-competitive lease with any entity
to allow the occupancy and use of buildings and associated properties
on Floyd Bennett Field to house facilities associated with the project,
particularly a meter and regulating station. Such lease shall--
(1) otherwise be subject to National Park Service leasing
regulations;
(2) provide for the restoration and maintenance of the
buildings and associated properties in accordance with the
Secretary of the Interior's Treatment Standards for Historic
Property (36 CFR Part 68), Section 106 of the National Historic
Preservation Act (36 CFR 800), and any programmatic agreements;
(3) provide for appropriate rent for occupancy and use of the
property representing, at minimum but not limited to, fair
market value; and
(4) provide for monetary penalties for violations of the
lease.
SEC. 5. FEES.
Any fees and rent collected pursuant to this Act shall be deposited
in the Treasury of the United States.
PURPOSE OF THE BILL
The purpose of H.R. 2606, as ordered reported, is to
authorize the Secretary of the Interior to allow the
construction and operation of natural gas pipeline facilities
in the Gateway National Recreation Area.
BACKGROUND AND NEED FOR LEGISLATION
Due to increased demand for natural gas in New York City,
New York, additional pipeline capacity is needed. To remedy
this problem, New York City is working to place a pipeline
through Gateway National Recreation Area. H.R. 2606 provides
the National Park Service (NPS) with the authority to approve a
pipeline through its jurisdiction. As part of an agreement
reached with NPS, in exchange for permitting the pipeline, the
Williams Company will restore and maintain abandoned aircraft
hangers in Floyd Bennett Field which is part of the Gateway
National Recreation Area. One hanger will house the pipeline
meter station and the others will be for park purposes.
During markup, the Natural Resources Committee adopted an
amendment offered by Congressman Rob Bishop (R-UT) to make
technical corrections to the bill.
COMMITTEE ACTION
H.R. 2606 was introduced on July 21, 2011, by Congressman
Michael G. Grimm (R-NY). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. On
September 15, 2011, the Subcommittee held a hearing on the
bill. On November 17, 2011, the Natural Resources Committee met
to consider the bill. The Subcommittee on National Parks,
Forests and Public Lands was discharged by unanimous consent.
Congressman Rob Bishop (R-UT) offered amendment designated .989
to the bill; the amendment was adopted by unanimous consent.
The bill, as amended, was then 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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 2606--New York City Natural Gas Supply Enhancement Act
H.R. 2606 would authorize the Secretary of the Interior to
issue permits to construct a natural gas pipeline in Gateway
National Recreation Area of New York. The bill also would
authorize the Secretary to collect rent from leases of any
National Park Service (NPS) land or buildings associated with
the pipeline. Any amounts collected would be deposited in the
U.S. Treasury as offsetting receipts (a credit against direct
spending); therefore, pay-as-you-go procedures apply. Enacting
H.R. 2606 would not affect revenues.
Based on information provided by the agency regarding
proceeds from similar activities, CBO estimates that any
offsetting receipts from leasing NPS land or buildings
associated with a pipeline in the Gateway National Area would
total less than $150,000 a year.
H.R. 2606 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 Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of 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 revenues or tax expenditures. Based on
information provided by the agency regarding proceeds from
similar activities, CBO estimates that any offsetting receipts
from leasing National Park Service land or buildings associated
with a pipeline in the Gateway National Recreation Area would
total less than $150,000 a year.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to authorize
the Secretary of the Interior to allow the construction and
operation of natural gas pipeline facilities in the Gateway
National Recreation Area.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
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.