[Senate Report 114-339]
[From the U.S. Government Publishing Office]
Calendar No. 610
114th Congress } { Report
SENATE
2d Session } { 114-339
======================================================================
THE DELAWARE WATER GAP NATIONAL RECREATION AREA IMPROVEMENT ACT
AMENDMENTS
_______
September 6, 2016.--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. 3620]
The Committee on Energy and Natural Resources, to which 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, reports favorably
thereon without amendment and recommends that the bill do pass.
Purpose
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
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. 3620 provides for such an
extension, sets up a fee structure, and exempts certain
vehicles from the fee.
Legislative History
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. The House of Representatives passed H.R. 3620 under
suspension of the rules on February 24, 2016, by voice vote.
The Senate Committee on Energy and Natural Resources'
Subcommittee on National Parks conducted 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.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2016, by a majority voice
vote of a quorum present, recommends that the Senate pass H.R.
3620.
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 section 4(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 section 4(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 section 4(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 costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 9, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall.
Enclosure.
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 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
legislation would not affect revenues.
CBO estimates that enacting H.R. 3620 would not increase
net direct spending or on-budget deficits 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.
On February 19, 2016, CBO transmitted a cost estimate for
H.R. 3620, as ordered reported by the House Committee on
Natural Resources on February 3, 2016. The two versions of the
legislation are the same, as are CBO's estimates of their
budgetary effects.
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. 3620. 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. 3620, as ordered reported.
Congressionally Directed Spending
H.R. 3620, 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 National Park Service at the
June 15, 2016, Subcommittee on National Parks hearing on H.R.
3620 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 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
* * * * * * *
DIVISION I
* * * * * * *
TITLE VII--FEES
* * * * * * *
[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.]
* * * * * * *
DELAWARE WATER GAP NATIONAL RECREATION AREA IMPROVEMENT ACT
PUBLIC LAW 109-156
* * * * * * *
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.
* * * * * * *