[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.

                                  
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