IB 

Union Calendar No. 184 

109TH CONGRESS 

1ST SESSION H. R. 3124 

[Report No. 109–334] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2005 

Mr. SHERWOOD introduced the following bill; which was referred to the 

Committee on Resources 

DECEMBER 12, 2005 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 29, 2005] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Delaware Water Gap 

3 National Recreation Area Natural Gas Pipeline Enlarge4 ment Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) CORPORATION.—The term ‘‘Corporation’’ 

8 means the Columbia Gas Transmission Corporation. 

9 (2) PIPELINE.—The term ‘‘pipeline’’ means that 

10 portion of the pipeline of the Corporation numbered 

11 1278 that is— 

12 (A) located in the Recreation Area; and 

13 (B) situated on 2 tracts designated by the 

14 Corporation as ROW No. 16405 and No. 16413. 

15 (3) RECREATION AREA.—The term ‘‘Recreation 

16 Area’’ means the Delaware Water Gap National 

17 Recreation Area in the Commonwealth of Pennsyl18 vania. 

19 (4) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (5) SUPERINTENDENT.—The term ‘‘Super22 intendent’’ means the Superintendent of the Recre23 ation Area. 
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1 SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPE2 LINE. 

3 (a) IN GENERAL.—The Secretary may enter into an 

4 agreement with the Corporation to grant to the Corpora5 tion, an easement to enlarge the diameter of the pipeline 

6 from 14 inches to not more than 20 inches. 

7 (b) TERMS AND CONDITIONS.—The easement author8 ized under subsection (a) shall— 

9 (1) be consistent with— 

10 (A) the recreational values of the Recreation 

11 Area; and 

12 (B) protection of the resources of the Recre13 ation Area; 

14 (2) include provisions for the protection of re15 sources in the Recreation Area that ensure that only 

16 the minimum and necessary amount of disturbance, 

17 as determined by the Secretary, shall occur during the 

18 construction or maintenance of the enlarged pipeline; 

19 (3) be consistent with the laws (including regula20 tions) and policies applicable to units of the National 

21 Park System; and 

22 (4) be subject to any other terms and conditions 

23 that the Secretary determines to be necessary. 

24 (c) PERMITS.— 

25 (1) IN GENERAL.—The Superintendent may 

26 issue a permit to the Corporation for the use of the 
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1 Recreation Area in accordance with subsection (b) for 

2 the temporary construction and staging areas re3 quired for the construction of the enlarged pipeline. 

4 (2) PRIOR TO ISSUANCE.—The easement author5 ized under subsection (a) and the permit authorized 

6 under paragraph (1) shall require that before the Su7 perintendent issues a permit for any clearing or con8 struction, the Corporation shall— 

9 (A) consult with the Superintendent; 

10 (B) identify natural and cultural resources 

11 of the Recreation Area that may be damaged or 

12 lost because of the clearing or construction; and 

13 (C) submit to the Superintendent for ap14 proval a restoration and mitigation plan that— 

15 (i) describes how the land subject to the 

16 easement will be maintained; and 

17 (ii) includes a schedule for, and de18 scription of, the specific activities to be car19 ried out by the Corporation to mitigate the 

20 damages or losses to, or restore, the natural 

21 and cultural resources of the Recreation 

22 Area identified under subparagraph (B). 

23 (d) PIPELINE REPLACEMENT REQUIREMENTS.—The 

24 enlargement of the pipeline authorized under subsection (a) 

25 shall be considered to meet the pipeline replacement require-
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1 ments required by the Research and Special Programs Ad2 ministration of the Department of Transportation (CPF 

3 No. 1–2002–1004–H). 

4 (e) FERC CONSULTATION.—The Corporation shall 

5 comply with all other requirements for certification by the 

6 Federal Energy Regulatory Commission that are necessary 

7 to permit the increase in pipeline size. 

8 (f) LIMITATION.—The Secretary shall not grant any 

9 additional increases in the diameter of, or easements for, 

10 the pipeline within the boundary of the Recreation Area 

11 after the date of enactment of this Act. 

12 (g) EFFECT ON RIGHT-OF-WAY EASEMENT.—Nothing 

13 in this Act increases the 50-foot right-of-way easement for 

14 the pipeline. 

15 (h) PENALTIES.—On request of the Secretary, the At16 torney General may bring a civil action against the Cor17 poration in United States district court to recover damages 

18 and response costs under Public Law 101–337 (16 U.S.C. 

19 19jj et seq.) or any other applicable law if— 

20 (1) the Corporation— 

21 (A) violates a provision of— 

22 (i) an easement authorized under sub23 section (a); or 

24 (ii) a permit issued under subsection 

25 (c); or 
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1 (B) fails to submit or timely implement a 

2 restoration and mitigation plan approved under 

3 subsection (c)(3); and 

4 (2) the violation or failure destroys, results in 

5 the loss of, or injures any park system resource (as 

6 defined in section 1 of Public Law 101–337 (16 

7 U.S.C. 19jj)). 

Union Calendar No. 184 

109TH CONGRESS 

1ST SESSION H. R. 3124 

[Report No. 109–334] 

A BILL 

To authorize the Secretary of the Interior to allow 

Recreation Area. located in the Delaware Water Gap National increase the diameter of a natural gas pipeline the Columbia Gas Transmission Corporation to 

DECEMBER 12, 2005 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,