[Senate Report 117-184]
[From the U.S. Government Publishing Office]


                                                    Calendar No. 535
117th Congress       }                          {          Report
                                 SENATE
 2d Session          }                          {          117-184

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

 
         DELAWARE WATER GAP NATIONAL RECREATION AREA EXTENSION

                                _______
                                

                October 18, 2022.--Ordered to be printed

 Filed, under authority of the order of the Senate of October 14, 2022

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 3185]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 3185), 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

    The purpose of S. 3185 is to amend Public Law 109-156, the 
Delaware Water Gap National Recreation Area Improvement Act, to 
allow certain commercial vehicles serving residents of 
municipalities adjacent to the Delaware Water Gap National 
Recreation Area to continue using roads within the National 
Recreation Area.

                          Background and Need

    The Delaware Water Gap National Recreation Area (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, 
the section of Highway 209 within the boundaries of the 
Recreation Area was transferred from the Commonwealth of 
Pennsylvania to the National Park Service.
    Two years later, a provision of Public Law 98-63 closed the 
NPS segment of Highway 209 to commercial traffic, except for 
commercial vehicles serving businesses or people located near 
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 enacted Public Law 104-333, which 
extended permitting for commercial vehicle traffic within the 
National Recreation Area until September 30, 2005. This bill 
clarified that the use of commercial vehicles serving 
businesses located near the Recreation Area would continue to 
be allowed beyond 2005, as determined by the Secretary. In 
2005, Congress enacted Public Law 109-156, the Delaware Water 
Gap Improvement Act, which extended permitting for commercial 
vehicle traffic in the National Recreation Area through 
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.
    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 enacted Public Law 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.
    S. 3185 extends the exemption through September 30, 2026.

                          Legislative History

    Senators Toomey and Casey introduced S. 3185 on November 4, 
2021. The Subcommittee on National Parks held a hearing on S. 
3185 on May 11, 2022. Representative Cartwright introduced a 
companion bill, H.R. 6364, in the House of Representatives on 
January 10, 2021. The House Natural Resource Committee reported 
H.R. 6364 on September 28, 2022.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 21, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass S. 3185.

                                Summary

    S. 3185 amends Public Law 109-156, the Delaware Water Gap 
National Recreation Improvement Act (119 Stat. 2948; 131 Stat. 
2246) to reinstate the use of Highway 209, a federally-owned 
road within the boundaries of the Delaware Water Gap National 
Recreation Area, for certain commercial vehicles that serve 
local businesses, until September 30, 2026.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 3185 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      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 S. 3185. 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 S. 3185, as ordered reported.

                   Congressionally Directed Spending

    S. 3185, 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

    The testimony provided by the Department of the Interior at 
the May 11, 2022, hearing on S. 3185 follows:

   Statement of Michael A. Caldwell, Acting Associate Director, Park 
Planning, Facilities and Lands, National Park Service, U.S. Department 
                            of the Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on S. 3185, 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.
    The Department supports S. 3185.
    S. 3185 would amend Section 4(b) of the Delaware Water Gap 
National Recreation Area Improvement Act (P.L. 109-156 as 
amended) to extend the use of certain roads within Delaware 
Water Gap National Recreation Area through September 30, 2026. 
The bill would extend the authority of the National Park 
Service (NPS) to allow commercial vehicles serving local 
businesses to use Federal Road 209 through a permit and fee 
program. The current authority expires on September 30, 2022.
    The extension would authorize the park to continue issuing 
permits to commercial vehicle operators owned by businesses 
located in or adjacent to the recreation area or necessary to 
provide services to businesses or persons located in or 
adjacent to the recreation area, enabling them to travel 
through the park. Route 209 provides a safe, efficient, and 
cost-effective transportation route for these adjacent 
communities. This permitted access contributes to the economic 
vitality, public safety, and quality of life of the park's 
adjacent communities.
    Permits are not required for local school buses, and fire, 
ambulance, and other safety or emergency vehicles.
    Finally, the Department would like to work with the sponsor 
and Committee on a technical edit to the public law reference 
in the bill.
    Chairman King, this concludes my statement. I would be 
pleased to answer any questions 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 bill S. 3185, as ordered 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):

         Public Law 109-156 (as amended by Public Law 115-146)


AN ACT To authorize the Secretary of the Interior to allow the Columbia 
Gas Transmission Corporation to increase the diameter of a natural gas 
pipeline located in the Delaware Water Gap National Recreation Area, to 
 allow certain commercial vehicles to continue to use Route 209 within 
    Delaware Water Gap National Recreation Area, and to extend the 
termination date of the National Park System Advisory Board to January 
1, 2007.

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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Delaware Water Gap National 
Recreation Area Improvement Act.

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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.

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