[House Report 117-503]
[From the U.S. Government Publishing Office]


117th Congress    }                                  {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {       117-503

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

 
 TO AMEND THE DELAWARE WATER GAP NATIONAL RECREATION AREA IMPROVEMENT 
ACT TO EXTEND THE EXCEPTION TO THE CLOSURE OF CERTAIN ROADS WITHIN THE 
      RECREATION AREA FOR LOCAL BUSINESSES, AND FOR OTHER PURPOSES

                                _______
                                

 September 28, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 6364]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 6364) to amend the Delaware Water Gap National 
Recreation Area Improvement Act to extend the exception to the 
closure of certain roads within the Recreation Area for local 
businesses, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 6364 is to amend the Delaware Water Gap 
National Recreation Area Improvement Act to extend the 
exception to the closure of certain roads within the Recreation 
Area for local businesses.

                  Background and Need for Legislation

    H.R. 6364 would amend the Delaware Water Gap National 
Recreation Area Improvement Act to extend the use of Highway 
209, a federally owned road within the boundaries of the 
Delaware Water Gap National Recreation Area, by certain 
commercial vehicles that serve local businesses until September 
30, 2026. Permits are not required for local school buses, 
fire, ambulance, or other safety or emergency vehicles.
    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 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). In 1983, a provision of P.L. 98-63, the FY83 
Supplemental Appropriations Act, closed the NPS segment of 
Highway 209 to commercial traffic, except for commercial 
vehicular operations serving businesses or persons located in 
or contiguous to the boundaries of the Recreation Area. 
Congress extended permitting for commercial vehicle traffic 
within the Recreation Area in 1996 and 2005, respectively, with 
the latter extension expiring in 2015. In September 2015, the 
more than 30-year-old exemption for the Recreation Area 
expired, leaving commercial traffic with limited or no 
acceptable alternative routes and local businesses in a state 
of uncertainty.
    On December 21, 2017, Congress unanimously passed P.L. 115-
101, which reinstated the exemption through September 2021, set 
up a fee structure, and exempted certain vehicles from the fee. 
On September 30, 2021, this commercial vehicle exemption 
lapsed. On March 15, 2022, Congress passed P.L. 117-103, the 
FY22 Consolidated Appropriations Act, which included a one-year 
extension of the commercial vehicle exemption, set to expire on 
September 30, 2022.

                            Committee Action

    H.R. 6364 was introduced on January 10, 2022, by 
Representative Matt Cartwright (D-PA). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on National Parks, Forests, and 
Public Lands. On June 14, 2022, the Subcommittee held a hearing 
on the bill. On July 13, 2022, the Natural Resources Committee 
met to consider the bill. The Subcommittee was discharged by 
unanimous consent. No amendments were offered, and the bill was 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on National Parks, Forests, and 
Public Lands held on June 14, 2022.

            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 and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, as well as clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee has received the 
following estimate for the bill from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 19, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6364, a bill to 
amend the Delaware Water Gap National Recreation Area 
Improvement Act to extend the exception to the closure of 
certain roads within the Recreation Area for local businesses, 
and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Madeleine 
Fox.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 6364 would extend the authority of the National Park 
Service (NPS) to allow certain commercial vehicles to pass 
through the Delaware Water Gap National Recreation Area and to 
collect an annual fee of $200 per vehicle for those permits 
through September 30, 2026. Under current law, the authority 
expires on September 30, 2022.
    Under current law, commercial vehicles are prohibited from 
using roads in the recreation area, though permits are 
available for vehicles owned or operated by businesses in the 
recreation area or that provide services to those businesses. 
Collections resulting from those permits are classified in the 
budget as offsetting receipts, or reductions in direct 
spending, and are available for the NPS to spend without 
further appropriation. Using information from the NPS, CBO 
estimates that enacting the bill would have a negligible effect 
on net direct spending.
    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to amend the Delaware Water Gap 
National Recreation Area Improvement Act to extend the 
exception to the closure of certain roads within the Recreation 
Area for local businesses.

                           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.

                 Unfunded Mandates Reform Act Statement

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         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 italics, and existing law in which no 
change is proposed is shown in roman):

     SECTION 4 OF THE DELAWARE WATER GAP NATIONAL RECREATION AREA 
                            IMPROVEMENT ACT


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, 
2021, subsection (a)] Until September 30, 2026, 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.

        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]