[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1310 Enrolled Bill (ENR)]
S.1310
One Hundred Ninth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fourth day of January, two thousand and five
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware Water Gap National
Recreation Area Improvement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corporation.--The term ``Corporation'' means the Columbia
Gas Transmission Corporation.
(2) 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) Recreation area.--The term ``Recreation Area'' means the
Delaware Water Gap National Recreation Area in the Commonwealth of
Pennsylvania.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Superintendent.--The term ``Superintendent'' means the
Superintendent of the Recreation Area.
SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE.
(a) In General.--The Secretary may enter into an agreement with the
Corporation to grant to the Corporation an easement to enlarge the
diameter of the pipeline from 14 inches to not more than 20 inches.
(b) Terms and Conditions.--The easement authorized under subsection
(a) shall--
(1) be consistent with--
(A) the recreational values of the Recreation Area; and
(B) protection of the resources of the Recreation Area;
(2) include provisions for the protection of resources in the
Recreation Area that ensure that only the minimum and necessary
amount of disturbance, as determined by the Secretary, shall occur
during the construction or maintenance of the enlarged pipeline;
(3) be consistent with the laws (including regulations) and
policies applicable to units of the National Park System; and
(4) be subject to any other terms and conditions that the
Secretary determines to be necessary;
(c) Permits.--
(1) In general.--The Superintendent may issue a permit to the
Corporation for the use of the Recreation Area in accordance with
subsection (b) for the temporary construction and staging areas
required for the construction of the enlarged pipeline.
(2) Prior to issuance.--The easement authorized under
subsection (a) and the permit authorized under paragraph (1) shall
require that before the Superintendent issues a permit for any
clearing or construction, the Corporation shall--
(A) consult with the Superintendent;
(B) identify natural and cultural resources of the
Recreation Area that may be damaged or lost because of the
clearing or construction; and
(C) submit to the Superintendent for approval a restoration
and mitigation plan that--
(i) describes how the land subject to the easement will
be maintained; and
(ii) includes a schedule for, and description of, the
specific activities to be carried out by the Corporation to
mitigate the damages or losses to, or restore, the natural
and cultural resources of the Recreation Area identified
under subparagraph (B).
(d) Pipeline Replacement Requirements.--The enlargement of the
pipeline authorized under subsection (a) shall be considered to meet
the pipeline replacement requirements required by the Research and
Special Programs Administration of the Department of Transportation
(CPF No. 1-2002-1004-H).
(e) FERC Consultation.--The Corporation shall comply with all other
requirements for certification by the Federal Energy Regulatory
Commission that are necessary to permit the increase in pipeline size.
(f) Limitation.--The Secretary shall not grant any additional
increases in the diameter of, or easements for, the pipeline within the
boundary of the Recreation Area after the date of enactment of this
Act.
(g) Effect on Right-of-Way Easement.--Nothing in this Act increases
the 50-foot right-of-way easement for the pipeline.
(h) Penalties.--On request of the Secretary, the Attorney General
may bring a civil action against the Corporation in United States
district court to recover damages and response costs under Public Law
101-337 (16 U.S.C. 19jj et seq.) or any other applicable law if--
(1) the Corporation--
(A) violates a provision of--
(i) an easement authorized under subsection (a); or
(ii) a permit issued under subsection (c); or
(B) fails to submit or timely implement a restoration and
mitigation plan approved under subsection (c)(2)(C); and
(2) the violation or failure destroys, results in the loss of,
or injures any park system resource (as defined in section 1 of
Public Law 101-337 (16 U.S.C. 19jj)).
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. 5. TERMINATION OF NATIONAL PARK SYSTEM ADVISORY BOARD.
Effective on January 1, 2006, section 3(f) of the Act of August 21,
1935 (16 U.S.C. 463(f)) is amended in the first sentence by striking
``2006'' and inserting ``2007''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.