39–010 

Calendar No. 57 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–41 

NEW JERSEY COASTAL HERITAGE TRAIL ROUTE 

APPROPRIATIONS ACT 

MARCH 17, 2005.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 48] 

The Committee on Energy and Natural Resources, to which was 

referred the bill, S. 48, to reauthorize appropriations for the New 

Jersey Coastal Heritage Trail Route, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass. 

The amendments are as follows: 

1. Beginning on page 1, strike line 6 and all that follows through 

page 2, line 5, and insert the following: 

‘‘(a) REAUTHORIZATION.—Public Law 100–515 (16 U.S.C. 

1244 note) is amended by striking section 6 and inserting 

the following: 

‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

‘(a) IN GENERAL.—There are authorized to be appropriated to the Secretary such sums as are necessary to 

carry out this Act. 

‘(b) USE OF FUNDS.— ‘(1) IN GENERAL.—Amounts made available under 

subsection (a) shall be used only for— 

‘(A) technical assistance; and 

‘(B) the design and fabrication of interpretive 

materials, devices, and signs. 

‘(2) LIMITATIONS.—No funds made available under 

subsection (a) shall be used for— 

‘(A) operation, repair, or construction costs, except for the costs of constructing interpretive exhibits; or 

2 

‘(B) operation, maintenance, or repair costs for 

any road or related structure. ‘(3) COST-SHARING REQUIREMENT.— ‘(A) FEDERAL SHARE.—The Federal share of any 

project carried out with amounts made available 

under subsection (a)— ‘(i) may not exceed 50 percent of the total 

project costs; and ‘(ii) shall be provided on a matching basis. ‘(B) FORM OF NON-FEDERAL SHARE.—The nonFederal share of carrying out a project with 

amounts made available under subsection (a) may 

be in the form of cash, materials, or in-kind services, the value of which shall be determined by the 

Secretary. ‘(c) TERMINATION OF AUTHORITY.—The authorities provided to the Secretary under this Act shall terminate on 

September 30, 2007.’.’’

2. On page 2, line 7, strike ‘‘2’’ and insert ‘‘3’’. 3. On page 2, line 8, strike ‘‘of enactment of this Act’’ and insert ‘‘on which funds are made available’’. 

PURPOSE OF THE MEASURE

As ordered reported, the purpose of S. 48 is to authorize appropriations for the New Jersey Coastal Heritage Trail, through September 2007. 

BACKGROUND AND NEED

In 1988 the Congress enacted Public Law 100–515 authorizing 

the New Jersey Coastal Heritage Route. That Act authorized a 

route that links nationally significant natural and cultural sites 

and internationally significant habitats for migratory birds along 

the coastal areas of New Jersey. The New Jersey Coastal Heritage 

Trail (Heritage Trail) runs south for 300 miles from Perth Amboy 

along the Atlantic Ocean to Cape May and then west along the 

Delaware Bay to the Delaware Memorial Bridge. The trail is currently operated as an affiliated area of the National Park Service, 

which provides technical assistance to the State of New Jersey and 

various private and community-based organizations. Non-Federal 

funds provide at least fifty percent of the funding for the Heritage 

Trail and no Federal funds are used for the operation, maintenance 

or repair of any road structure. 

Three of the five theme routes proposed for the Heritage Route 

are currently open. They showcase aspects of New Jersey coastal 

life such as maritime history, wildlife migration and coastal wildlife habitats. The two remaining trails are based on the themes of 

historic settlements and inspiration and are under development. 

Overall, sixty destinations are linked under the five interpretive 

themes. 

Several other projects are also planned to enhance the coastal 

trail. These projects include: construction of a New Jersey State 

Park facility on the trail at Double Trouble State Park, continuing 

construction on the Welcome Center at Sandy Hook and construction of a Welcome Center in the Absecon region; and the developVerDate Aug 04 2004 03:31 Mar 19, 2005 Jkt 039010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR041.XXX SR041
3 

ment of interpretive media, including brochures, videos and exhibits. 

S. 48 would increase the current authorization for appropriation from $4 million to $8 million. The bill would also extend the deadline for the completion of the project from May 2004 until May 

2010. Under S. 48, the National Park Service would be required to 

complete a strategic plan for the long term maintenance of the 

coastal route. Finally the bill would increase the advisory role of 

the National Park Service to include the authority to award grants 

to the Heritage Trail. 

LEGISLATIVE HISTORY

S. 48 was introduced by Senators Lautenberg and Corzine on 

February 16, 2005. During the 108th Congress, the Committee considered identical legislation, S. 2142, also sponsored by Senators 

Lautenberg and Corzine. The Subcommittee on National Parks 

held a hearing on S. 2142 on July 15, 2004. At the business meeting on September 15, 2004, the Committee on Energy and Natural 

Resources ordered S. 2142 favorably reported (S. Rept. 108–366), 

with amendments. S. 2142 passed the Senate, as amended, by 

unanimous consent on October 10, 2004. The House of Representatives did not consider the bill prior to the sine die adjournment of 

the 108th Congress. 

Language to reauthorize appropriations for the New Jersey 

Coastal Heritage Trail Route was included as Title IV of H.R. 4492, 

a bill addressing several National Heritage Areas. H.R. 4492 was 

passed by The House of Representatives on July 19, 2004, but was 

not considered in the Senate. 

Similar language was also included as a House amendment to S. 

1521, a bill authorizing a land conveyance in Nevada. The amended bill, which addressed several heritage areas, was passed by the 

House on October 4, 2004. The Senate concurred in the House 

amendment with additional amendments (the New Jersey Coastal 

Heritage Trail route provision was not affected) on December 7, 

2004. However, the House did not take any further action on the 

Senate amendment. 

At its business meeting on February 16, 2005, the Committee on 

Energy and Natural Resources ordered S. 48 favorably reported, 

with amendments. 

COMMITTEE AMENDMENTS

During its consideration of S. 48, the Committee adopted three 

clarifying amendments. Amendment #1 amends Section 6 of the 

route’s enabling Act (Public Law 100–515) to authorize the appropriations of such sums as are necessary through September 30, 

2007. 

The other two amendments direct the Secretary of the Interior 

to prepare a strategic plan for the route within 3 years after the 

date funds are made available instead of the 2 years specified in 

the bill as introduced. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in an open 

business session on February 16, 2005, by a unanimous voice vote 

4 

of a quorum present, recommends that the Senate pass S. 48, as 

described herein. 

SECTION-BY-SECTION ANALYSIS

Section 1(a) amends section 6 of Public Law 100–515 (16 U.S.C. 

1244 note) to authorize the appropriation of such sums as may be 

necessary to carry out the Act. The previous appropriation ceiling 

was $4 million. The rest of the section restates existing provisions 

in Section 6, except that the authorities provided to the Secretary 

of the Interior under this section terminate on September 30, 2007. 

Subsection (b) requires that the Secretary of the Interior prepare 

a strategic plan for the Heritage Route not later than 3 years after 

the date funds are made available. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this 

measure has been requested, but was not received at the time the 

report was filed. When the report is available, the Chairman will 

request it to be printed in the Congressional Record for the advice 

of the Senate. 

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. 48. 

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. 48. 

EXECUTIVE COMMUNICATIONS

During the 108th Congress, the Committee considered similar 

legislation, S. 2567. The views of the Administration on S. 2567 

were included in testimony received by the Committee at a hearing 

on the bill on September 15, 2004, as follows: 

STATEMENT OF A. DURAND JONES, DEPUTY DIRECTOR, 

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear 

before your committee to present the views of the Department of the Interior on S. 2142, a bill to authorize appropriations for the New Jersey Coastal Heritage Trail Route 

and for other purposes. The Department supports the bill 

if amended to strike the new grant making authority and 

if the Secretary prepares the strategic plan in partnership 

with the State. Funding for the trail for fiscal year 2005 

is included within the President’s Budget, pending reauthorization of the trail. 

5 

S. 2142 has four main objectives. First, it would extend 

the authority for National Park Service participation in 

the New Jersey Coastal Heritage Trail Route for five years 

from May 2004 to May 2009. Second, it would increase the 

appropriations authorized for the trail from $4 million to 

$8 million. Third, it would require a strategic plan to be 

completed within four years that both describes opportunities to increase participation by national and local private 

and public interests in the planning, development, and administration of the New Jersey Coastal Heritage Trail 

Route and that outlines organizational options for sustaining the trail. Finally, it authorizes the Secretary to 

provide grants, subject to the availability of appropriations, to partners managing designated trail designations. 

The Department is opposed to the grant making authority provision contained in S. 2142. We cannot support this 

new Federal funding commitment at a time when we are 

trying to focus our available resources on taking care of existing National Park Service responsibilities. In addition, 

projects within the region may qualify for current competitive grant programs such as the Land and Water Conservation Fund; Save America’s Treasures; Rivers, Trails 

and Conservation Assistance program; and the newly proposed Preserve America initiative. 

The strategic plan authorized in S. 2142 could be an important tool to help the trail develop a long-term management strategy that includes creating a self-sustaining 

funding mechanism that does not depend indefinitely on 

operational funding from the National Park Service. We 

would recommend that the bill be amended to require this 

strategic plan to be done in partnership with the State. 

Reauthorization of the trail would enable the National 

Park Service to complete implementation of the trail plan, 

as supported by the public and our partners in the Implementation Guide, a blueprint for overall trail development. 

Without additional time and funding, the New Jersey 

Coastal Heritage Trail Route will be left incomplete. Commitments to trail partners would go unfulfilled, and many 

additional natural and cultural resources would not receive the partnership assistance leveraged by the trail that 

supports public awareness and stewardship through this 

program. Implementation of the plan is also critical in 

building a base of sustainable partners and developing a 

strategy for the long-term management of the trail. 

The Act of October 20, 1988, as amended in 1994 and 

1999, authorized the Secretary to designate a vehicular 

tour route in coastal New Jersey and to prepare an inventory of sites along the route. An interpretive program was 

also mandated to provide for public appreciation, education, understanding and enjoyment of important fish and 

wildlife habitats, geologic and geographical landforms, cultural resources, and migration routes in coastal New Jersey. The Secretary was authorized to provide technical assistance, prepare and distribute information, and erect 

signs along the route. The trail links national wildlife refVerDate Aug 04 2004 03:31 Mar 19, 2005 Jkt 039010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR041.XXX SR041
6 

uges, national parklands, National Historic Landmarks, 

and National Register sites with important historic communities, state parks, natural areas, and other resources 

to tell the story of New Jersey’s role in shaping U.S. history and in providing internationally important habitats 

for bird and other migrations. 

The trail, an affiliated area of the National Park System, 

is a partnership among the National Park Service; the 

State of New Jersey through its Department of Environmental Protection, Commerce and Economic Growth Commission, and Pinelands Commission; and many local government and private non-profit partners. Through interpretation of five themes (Maritime History, Coastal Habitats, Wildlife Migration, Relaxation & Inspiration, and 

Historic Settlements), the trail brings attention to important natural and cultural resources along coastal New Jersey. The trail demonstrates the potential of new public/private partnerships that allow the National Park Service to 

meet its core mission of natural and cultural resource 

preservation along with interpretation and public education in a cost-efficient manner through technical assistance while reducing operational responsibilities. No Federal funds are used for operations, maintenance, or repair 

of any road or related structure. 

The trail has been authorized an appropriation of not 

more than $4,000,000 to carry out its purposes during the 

ten years between 1994 and May 2004. The $3.9 million in 

Federal support between 1994 and 2004 included $1.2 million in development funding and $2.3 million in National 

Park Service operational support. The trail has received 

$1.9 million in cash grants and $3.6 million in selected inkind contributions and partnership support, well exceeding 

the one-to-one matching requirement established by the 

1994 amendments. Since the authorization ceiling has almost been met, the Department supports increasing the 

ceiling by an additional $4 million. 

The New Jersey Coastal Heritage Trail Route has special value to the National Park Service. With over 10 years 

of experience behind it, it serves as a model for successful 

partnerships among the Federal government, state and 

local governments, and partner organizations. Instead of 

traditional Federal ownership, the Trail uses technical assistance through interpretation as the protection strategy 

for the resources along the 300 miles of New Jersey coastline where people continue to live and work. Land ownership and day-to-day operations remain with the partner organizations and agencies. It is an example of an integrated 

system of local, state, and Federal partnership cooperation 

with people working on a state-wide level to promote preservation and stewardship of resources as well as economic 

development strategies. It is an excellent example of the 

‘‘seamless network of parks’’ strategy encouraged by the 

Department. The costs are very modest when compared to 

the management expense of national park units. 

7 

For example, the Delsea Region Welcome Center for the 

trail is located at Fort Mott State Park. The State contributed workspace, rehabilitated the building, assisted with 

exhibit development, and has operated and staffed the facility since it opened in 1993. The National Park Service 

assisted by developing exhibits for both the park and for 

the trail, and by preparing an audio-visual orientation program. Attendance at Fort Mott has nearly quadrupled 

since becoming a trail destination and Welcome Center. 

The trail produces brochures and a web page that provide national visibility to destinations and resources that 

might otherwise be overlooked. Over sixty destinations are 

linked under the five interpretive themes. All trail destinations provide their own management, staffing, and public 

programs. The trail supports ecotourism and heritage tourism initiatives in New Jersey where tourism is the second 

largest employer, creating over 400,000 jobs in 2003 and 

bringing in $26 billion in tourism- related expenditures. 

Last year over 50 million visits were made to the New Jersey shore regions—a huge audience for the awareness, 

preservation, and stewardship message of the trail. Millions of visitors go to the New Jersey Shore to enjoy the 

beaches in the summer. The trail not only provides rainy 

day alternatives for tourists, but it also extends the summer season and provides additional year-round opportunities for both residents and visitors who visit the Jersey 

Shore on an annual basis. 

The trail has also supported cutting edge environmental 

and migratory habitat research through two National Park 

Foundation grant projects in partnership with New Jersey 

Audubon using Doppler radar and acoustic sound recordings to track nighttime songbird migration through New 

Jersey. This is critical as New Jersey lies along the migratory Atlantic Flyway, and the Delaware Bayshore region of 

New Jersey is designated as a Ramsar Treaty Wetland of 

International Importance component of the Western Hemisphere Shorebird Reserve Network, and a site in the Nature Conservancy’s Last Great Places Program. 

Mr. Chairman, thank you for the opportunity to comment. This concludes my prepared remarks, and I will be 

happy to answer any questions you or other committee 

members might 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 S. 48, 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): 

8 

Public Law 100–515, 100th Congress 

AN ACT To provide for the establishment of the Coastal Heritage Trail Route in 

the State of New Jersey, and for other purposes 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled. 

* * * * * * * 

ø(a) REAUTHORIZATION.—Section 6 of Public Law 100–5–5 (16 

U.S.C. 1244 note) is amended—

ø(1) in subsection (b)(1), by striking ‘‘$4,000,000 and all that 

follows and inserting ‘‘such sums as are necessary’’, and 

ø(2) in subsection (c), by striking ‘‘10’’ and inserting ‘‘12’’.¿ 

(a) REAUTHORIZATION.—Public Law 100–515 (16 U.S.C. 1244 

note) is amended by striking section 6 and inserting the following: 

‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated to the 

Secretary such sums as are necessary to carry out this Act. 

‘‘(b) USE OF FUNDS.— 

‘‘(1) IN GENERAL.—Amounts made available under subsection 

(a) shall be used only for— 

‘‘(A) technical assistance; and 

‘‘(B) the design and fabrication of interpretive materials, 

devices, and signs. 

‘‘(2) LIMITATIONS.—No funds made available under subsection (a) shall be used for— 

‘‘(A) operation, repair, or construction costs, except for the 

costs of constructing interpretive exhibits; or 

‘‘(B) operation, maintenance, or repair costs for any road 

or related structure. 

‘‘(3) COST-SHARING REQUIREMENT.— 

‘‘(A) FEDERAL SHARE.—The Federal share of any project 

carried out with amounts made available under subsection 

(a)— 

‘‘(i) may not exceed 50 percent of the total project 

costs; and 

‘‘(ii) shall be provided on a matching basis. 

‘‘(B) FORM OF NON-FEDERAL SHARE.—The non-Federal 

share of carrying out a project with amounts made available under subsection (a) may be in the form of cash, materials, or in-kind services, the value of which shall be determined by the Secretary. 

‘‘(c) TERMINATION OF AUTHORITY.—The authorities provided to the 

Secretary under this Act shall terminate on September 30, 2007.’’. 

(b) STRATEGIC PLAN.—

(1) IN GENERAL.—Not later than ø2¿ 3 years after the date 

øof enactment of this Act¿ on which funds are made available, 

the Secretary of the Interior shall prepare a strategic plan for 

the New Jersey Coastal Heritage Trail Route. 

(2) CONTENTS.—The strategic plan shall describe—

(A) opportunities to increase participation by national 

and local private and public interests in the planning, development, and administration of the New Jersey Coastal 

Heritage Trail Route; and 

9 

(B) organizational options for sustaining the New Jersey 

Coastal Heritage Trail Route. 

Æ