[Senate Report 115-51]
[From the U.S. Government Publishing Office]


                                                         Calendar No. 64
                                                        
115th Congress     }                                           {   Report
                                  SENATE
 1st Session       }                                           {  115-51

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

 
 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

                                _______
                                

                  May 9, 2017.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 560]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 560) 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, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                Purpose

    The purpose of H.R. 560 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

    The Delaware Water Gap National Recreation Area (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 Recreation Area and served as a major 
truck route for many years. In 1981, the section of Highway 209 
within the boundaries of the Recreation Area 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 
NPS segment of Highway 209 to commercial traffic, except for 
commercial vehicular operations serving business or persons 
located in or contiguous to the boundaries of the Recreation 
Area. Public Law 98-63 also authorized the NPS to collect and 
retain fees from commercial use of the road for management, 
operation, construction, and maintenance of Highway 209 within 
the boundaries of the Recreation Area. 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 Recreation Area 
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 within the Recreation 
Area until September 30, 2005. In 2005, Congress passed Public 
Law 109-156, the Delaware Water Gap Improvement Act, which 
extended permitting for commercial vehicle traffic in the 
Recreation Area through September 30, 2015. Public Law 104-333 
also clarified that the use of commercial vehicles serving 
businesses located within or in the vicinity of the Recreation 
Area would continue to be allowed beyond 2005, as determined by 
the Secretary. 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 to 
permit access for smaller class commercial vehicles for 
businesses physically located in towns adjacent to Highway 209 
for a period of five years. H.R. 560 provides for such an 
extension, sets up a fee structure, and exempts certain 
vehicles from the fee.

                          Legislative History

    Representatives Marino and Cartwright introduced H.R. 560 
on January 13, 2017. On January 30, 2017, H.R. 560 passed by 
voice vote in the House.
    In the 114th Congress, similar legislation, H.R. 3620, was 
introduced on September 28, 2015 by Representative Marino. On 
February 3, 2016, the House Natural Resources Committee ordered 
H.R. 3620 reported by unanimous consent (H. Report 114-435). 
The House of Representatives passed H.R. 3620 on February 24, 
2016, by voice vote.
    The Subcommittee on National Parks held a hearing on H.R. 
3620 on June 15, 2016. The Committee on Energy and Natural 
resources met in open business session on July 13, 2016, and 
ordered H.R. 3620 favorably reported (S. Report 114-339).
    Similar legislation was included in title XXII, the House 
amendment to S. 2012, the North American Energy Security and 
Infrastructure Act of 2016.
    The Committee on Energy and Natural Resources met in open 
business session on March 30, 2017, and ordered H.R. 560 
favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
560.

                      Section-by-Section Analysis


Section 1. Vehicular access and fees

    Section 1 amends Public Law 109-156 to include a new 
section 4 governing the use of certain roads within the 
Recreation Area.
    The new section 4(a) includes exceptions to the prohibition 
on all commercial vehicles on Highway 209, a federally owned 
road within the boundaries of the Recreation Area.
    The new subsection (b) outlines exceptions for local 
business use, including those commercial vehicles owned and 
operated by a business physically located in the Recreation 
Area or one or more of the adjacent municipalities as well as 
commercial vehicles necessary to provide services to businesses 
or persons located in the Recreation Area or one or more of the 
adjacent municipalities.
    The new subsection (c) establishes a fee and permit program 
for use by commercial vehicles of Highway 209, including an 
annual fee not to exceed $200. 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 personnel costs.
    The new subsection (d) provides exceptions for certain 
commercial vehicles to use Highway 209 without being subject to 
a fee or permit, including local school buses, fire, ambulance, 
and other safety and emergency vehicles, as well as commercial 
vehicles using Federal Road 209 from Milford to the Delaware 
River Bridge leading to U.S. Route 206 in New Jersey, and mile 
0 of Federal Road 209 to Pennsylvania State Route 2001.

Section 2. Definitions

    Section 2 defines the term ``adjacent municipalities.''

Section 3. Conforming amendments

    Section 3 repeals section 702 of division I of the Omnibus 
Parks and Public Lands Management Act of 1996 (Public Law 104-
333).

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office.
    H.R. 560 would permit certain commercial vehicles to pass 
through the Delaware Water Gap National Recreation Area and 
allow the Department of Interior (DOI) to collect an annual fee 
of up to $200 from the users of those vehicles until September 
30, 2021. The National Park Service (NPS) would be authorized 
to spend the fees collected to offset the cost of operating the 
program.
    Pay-as-you-go procedures apply because the legislation 
would increase offsetting receipts (which are treated as 
reductions in direct spending) and the associated direct 
spending. However, based on information from the NPS, CBO 
estimates that the net effect on direct spending would be 
negligible. Enacting the bill would not affect revenues.
    CBO estimates that enacting H.R. 560 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 560 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 Jon Sperl. The 
estimate was approved by H. Samuel Papenfuss, 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 H.R. 560. 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 H.R. 560, as ordered reported.

                   Congressionally Directed Spending

    H.R. 560, as ordered 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

    Because H.R. 560 is similar to legislation considered by 
the Committee in the 114th Congress, the Committee did not 
request Executive Agency views. The testimony provided by the 
National Park Service at the hearing before the Subcommittee on 
National Parks on June 15, 2016, follows:

   Statement of Dr. Stephanie Toothman, Associate Director, Cultural 
   Resources, Partnerships, and Science, National Park Service, U.S. 
                       Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the Department of the Interior's 
views on 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.
    The Department supports enactment of H.R. 3620.
    H.R. 3620 would amend the Delaware Water Gap National 
Recreation Area Improvement Act (P.L. 109-156) with respect to 
the prohibition against commercial vehicle use of Highway 209, 
a federally owned road within the boundaries of the Delaware 
Water Gap National Recreation Area in Pennsylvania. The bill 
would reinstate the authority, with some revisions, of the 
National Park Service (NPS) to allow commercial vehicles 
serving local businesses to use Highway 209 through a permit 
and fee program. The previous authority expired on September 
30, 2015.
    The bill would permit the use of Highway 209 until 
September 30, 2020, by commercial vehicles with four or fewer 
axles that: (1) are owned and operated by a business located in 
the recreation area or by one or more adjacent municipalities 
named in the bill, or (2) are necessary to provide services to 
businesses or persons located in the recreation area or in one 
or more of those municipalities. As part of the permit program 
authorized by this bill, the NPS would be allowed to charge an 
annual fee of up to $200 per vehicle. All fees received would 
be set aside in a special account and made available for the 
administration and enforcement of the program, including 
registering vehicles, issuing permits and vehicle 
identification stickers, and personnel costs. The bill would 
exempt local school buses; fire, ambulance, and other safety 
and emergency vehicles; and commercial vehicles along specified 
segments of the highway from the permit and fee requirement.
    In 1983, the Commonwealth of Pennsylvania transferred 22 
miles of State Road 209 (now referred to as Federal Road 209) 
to the United States to enhance the relatively new Delaware 
Water Gap National Recreation Area. It was transferred with the 
understanding that commercial traffic on the road would cease. 
At the time, it was reported that more than a 1,000 tractor 
trailers per day were using the road as a pass-through route 
between I-80 and I-84. There were 13 trucking companies 
surrounding the recreation area when the road was transferred, 
and those companies were allowed under law a ten-year 
transition period to adjust to the new regulation of the road. 
The NPS was authorized to collect and retain fees from the 
commercial use of the road but only from so few entities that 
it cost the NPS between $50,000 and $150,000 every year to 
regulate traffic. Further, when the road was transferred there 
were many private properties along the 22- mile route. Now the 
United States owns all of the properties except for one store 
located on the south end within the section of road from mile 0 
to Bushkill Falls Road (SR 2001) that allows commercial 
traffic.
    Completion of the construction of Interstate 287 in New 
Jersey provided an alternate route to I-80 and I-84 allowing 
commercial traffic to effectively bypass Highway 209. 
Construction of a state road that will parallel Highway 209 is 
expected to be completed in the near future and will further 
reduce local commercial traffic through the park. In the 
meantime, the enactment of H.R. 3620 would serve the needs of 
local communities while offering a way for NPS to manage 
permitting and fee collection for commercial traffic on the 
park road. We hope that this approach will cover the cost of 
NPS fee administration and traffic enforcement, but that will 
depend on the number of commercial vehicles that choose to use 
Highway 209. A year after this program is implemented, we 
should have an estimate for the following years.
    Mr. Chairman, this concludes my testimony. I would be happy 
to answer any questions that you or other members of the 
subcommittee 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 original bill, as 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):

               OMNIBUS PARKS AND PUBLIC LANDS ACT OF 1996

PUBLIC LAW 104-333

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DIVISION I

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TITLE VII--FEES

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[SEC. 702. DELAWARE WATER GAP.

    [(a) In General.--Effective at noon on September 30, 2005, 
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 September 30, 2005.
          [(2) Prior to noon on September 30, 2005, 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 not exceed $ 25 per trip.]

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      DELAWARE WATER GAP NATIONAL RECREATION AREA IMPROVEMENT ACT

PUBLIC LAW 109-156

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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.

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[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.

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