[House Report 114-435]
[From the U.S. Government Publishing Office]


114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-435

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

 
 AMENDING THE DELAWARE WATER GAP NATIONAL RECREATION AREA IMPROVEMENT 
    ACT TO PROVIDE ACCESS TO CERTAIN VEHICLES SERVING RESIDENTS OF 
 MUNICIPALITIES ADJACENT TO THE DELAWARE WATER GAP NATIONAL RECREATION 
                      AREA, AND FOR OTHER PURPOSES

                                _______
                                

 February 24, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 3620]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3620) to amend the Delaware Water Gap National 
Recreation Area Improvement Act to provide access to certain 
vehicles serving residents of municipalities adjacent to the 
Delaware Water Gap National Recreation Area, and for other 
purposes, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3620 is to amend the Delaware Water Gap 
National Recreation Area Improvement Act to provide access to 
certain vehicles serving residents of municipalities adjacent 
to the Delaware Water Gap National Recreation Area.

                  Background and Need for Legislation

    The Delaware Water Gap National Recreation Area in 
Pennsylvania and New Jersey preserves 70,000 acres on both 
sides of the Delaware River. Highway 209 spans 21 miles through 
the middle of the National Recreation Area and served as a 
major truck route for many years. In 1981, Highway 209 was 
transferred from the Commonwealth of Pennsylvania to the 
National Park Service (NPS).
    Two years later, a provision of Public Law 98-63, the 
Fiscal Year 1983 Supplemental Appropriations Act, closed the 
Park segment of Highway 209 to commercial traffic and 
authorized NPS to collect and retain fees from commercial use 
of the road. A 10-year transition period was established to 
accommodate impacts on the surrounding communities, especially 
the 13 trucking companies that were in existence in towns 
adjacent to the Park at that time. This portion of federal 
roadway was a heavily travelled commercial vehicle route 
between Interstates 80 and 84. The Federal Government ensured 
that I-287 in New Jersey and I-380 in Pennsylvania were built 
to provide an alternate route between I-80 and I-84, and the 
Commonwealth of Pennsylvania was tasked with the improvement of 
State Road 2001 to absorb the remaining traffic.
    In 1996, Congress passed Public Law 104-333, which extended 
permitting for commercial vehicle traffic until September 30, 
2005. In 2005, the 109th Congress passed Public Law 109-156, 
the Delaware Water Gap Improvement Act, which extended 
permitting for commercial vehicle traffic until September 30, 
2015. This extension was passed to provide more time for the 
Commonwealth of Pennsylvania to complete upgrades to State Road 
2001, including a land exchange.
    As the third extension permitting commercial vehicle use of 
Highway 209 neared expiration on September 30, 2015, local 
elected officials requested that Congress enact legislation 
directed at permitting access for smaller class commercial 
vehicles for businesses physically located in towns adjacent to 
Highway 209, for a period of five years. H.R. 3620 does just 
that.

                            Committee Action

    H.R. 3620 was introduced on September 28, 2015, by 
Congressman Tom Marino (R-PA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On February 2, 2016, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. No amendments were 
offered, and the bill was ordered favorably reported to the 
House of Representatives by unanimous consent on February 3, 
2016.

            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. 3620--A bill to amend the Delaware Water Gap National Recreation 
        Area Improvement Act to provide access to certain vehicles 
        serving residents of municipalities adjacent to the Delaware 
        Water Gap National Recreation Area, and for other purposes

    H.R. 3620 would permit certain commercial vehicles to pass 
through the Delaware Water Gap National Recreation Area and 
allow the Department of the Interior (DOI) to collect an annual 
fee up to $200 from the users of those vehicles until September 
30, 2020.
    The National Park Service (NPS) would be authorized to 
spend the fees collected to offset the cost of operating the 
program.
    Because the legislation would allow NPS to collect fees 
from commercial vehicles, H.R. 3620 would increase offsetting 
receipts from permit fees and associated direct spending; 
therefore, pay-as-you-go procedures apply. However, based on 
information from NPS, CBO estimates that the net effect on 
direct spending would be insignificant. Enacting the bill would 
not affect revenues.
    CBO estimates that enacting H.R. 3620 would not increase 
net direct spending or on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2027.
    H.R. 3620 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Marin Burnett. 
The estimate was approved by Theresa Gullo, 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, credit authority, or an increase or decrease in 
revenues or tax expenditures. According to the Congressional 
Budget Office (CBO), because the bill would allow the National 
Park Service to collect fees (of up to $200) from certain 
commercial vehicles that transit the Recreation Area, enactment 
of the bill would increase offsetting receipts. However, CBO 
concludes that the net effect on direct spending ``would be 
insignificant.''
    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 is to amend the Delaware Water Gap 
National Recreation Area Improvement Act to provide access to 
certain vehicles serving residents of municipalities adjacent 
to the Delaware Water Gap 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.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

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

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

      DELAWARE WATER GAP NATIONAL RECREATION AREA IMPROVEMENT ACT




           *       *       *       *       *       *       *
SEC. 2. DEFINITIONS.

  In this Act:
          (1) Adjacent municipalities.--The term ``adjacent 
        municipalities'' means Delaware Township, Dingman 
        Township, Lehman Township, Matamoras Borough, Middle 
        Smithfield Township, Milford Borough, Milford Township, 
        Smithfield Township and Westfall Township, in 
        Pennsylvania.
          [(1)] (2) Corporation.--The term ``Corporation'' 
        means the Columbia Gas Transmission Corporation.
          [(2)] (3) 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)] (4) Recreation area.--The term ``Recreation 
        Area'' means the Delaware Water Gap National Recreation 
        Area in the Commonwealth of Pennsylvania.
          [(4)] (5) Secretary.--The term ``Secretary'' means 
        the Secretary of the Interior.
          [(5)] (6) Superintendent.--The term 
        ``Superintendent'' means the Superintendent of the 
        Recreation Area.

           *       *       *       *       *       *       *


[SEC. 4. USE OF CERTAIN ROADS WITHIN DELAWARE WATER GAP.

  [Section 702 of Division I of the Omnibus Parks and Public 
Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 
4185) is amended--
          [(1) in subsection (a), by striking ``at noon on 
        September 30, 2005'' and inserting ``on the earlier of 
        the date on which a feasible alternative is available 
        or noon of September 30, 2015''; and
          [(2) in subsection (c)--
                  [(A) in paragraph (1), by striking 
                ``September 30, 2005'' and inserting ``on the 
                earlier of the date on which a feasible 
                alternative is available or September 30, 
                2015''; and
                  [(B) in paragraph (2)--
                          [(i) by striking ``noon on September 
                        30, 2005'' and inserting ``the earlier 
                        of the date on which a feasible 
                        alternative is available or noon of 
                        September 30, 2015''; and
                          [(ii) by striking ``not exceed $25 
                        per trip'' and inserting the following: 
                        ``be established at a rate that would 
                        cover the cost of collection of the 
                        commercial use fee, but not to exceed 
                        $40 per trip''.]

SEC. 4. USE OF CERTAIN ROADS WITHIN THE RECREATION AREA.

  (a) In General.--Except as otherwise provided in this 
section, Highway 209, a federally owned road within the 
boundaries of the Recreation Area, shall be closed to all 
commercial vehicles.
  (b) Exception for Local Business Use.--Until September 30, 
2020, subsection (a) shall not apply with respect to the use of 
commercial vehicles that have four or fewer axles and are--
          (1) owned and operated by a business physically 
        located in--
                  (A) the Recreation Area; or
                  (B) one or more adjacent municipalities; or
          (2) necessary to provide services to businesses or 
        persons located in--
                  (A) the Recreation Area; or
                  (B) one of more adjacent municipalities.
  (c) Fee.--The Secretary shall establish a fee and permit 
program for the use by commercial vehicles of Highway 209 under 
subsection (b). The program shall include an annual fee not to 
exceed $200 per vehicle. All fees received under the program 
shall be set aside in a special account and be available, 
without further appropriation, to the Secretary for the 
administration and enforcement of the program, including 
registering vehicles, issuing permits and vehicle 
identification stickers, and personnel costs.
  (d) Exceptions.--The following vehicles may use Highway 209 
and shall not be subject to a fee or permit requirement under 
subsection (c):
          (1) Local school buses.
          (2) Fire, ambulance, and other safety and emergency 
        vehicles.
          (3) Commercial vehicles using Federal Road Route 209, 
        from--
                  (A) Milford to the Delaware River Bridge 
                leading to U.S. Route 206 in New Jersey; and
                  (B) mile 0 of Federal Road Route 209 to 
                Pennsylvania State Route 2001.

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 702 OF THE OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 
                                  1996

[SEC. 702. DELAWARE WATER GAP.

  [(a) In General.--Effective on the earlier of the date on 
which a feasible alternative is available or noon of September 
30, 2015, the use of Highway 209 within Delaware Water Gap 
National Recreation Area by commercial vehicles, when such use 
is not connected with the operation of the recreation area, is 
prohibited, except as provided in subsection (b).
  [(b) Local Business Use Protected.--Subsection (a) does not 
apply with respect to the use of commercial vehicles to serve 
businesses located within or in the vicinity of the recreation 
area, as determined by the Secretary.
  [(c) Conforming Provisions.--
          [(1) Paragraphs (1) through (3) of the third 
        undesignated paragraph under the heading 
        ``ADMINISTRATIVE PROVISIONS'' in chapter VII of title I 
        of Public Law 98-63 (97 Stat. 329) are repealed, 
        effective on the earlier of the date on which a 
        feasible alternative is available or September 30, 
        2015.
          [(2) Prior to the earlier of the date on which a 
        feasible alternative is available or noon of September 
        30, 2015, the Secretary shall collect and utilize a 
        commercial use fee from commercial vehicles in 
        accordance with paragraphs (1) through (3) of such 
        third undesignated paragraph. Such fee shall be 
        established at a rate that would cover the cost of 
        collection of the commercial use fee, but not to exceed 
        $40 per trip.]

                                  [all]