[Senate Report 117-184]
[From the U.S. Government Publishing Office]
Calendar No. 535
117th Congress } { Report
SENATE
2d Session } { 117-184
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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.
* * * * * * *
SECTION 1. SHORT TITLE.
This Act may be cited as 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.
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