PUBLIC LAW 109–156—DEC. 30, 2005

DELAWARE WATER GAP NATIONAL

RECREATION AREA IMPROVEMENT ACT

119 STAT. 2946 PUBLIC LAW 109–156—DEC. 30, 2005

Public Law 109–156

109th Congress

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

16 USC 461 note.

Delaware Water

Gap National

Recreation Area

Improvement

Act.

Dec. 30, 2005

[S. 1310]

PUBLIC LAW 109–156—DEC. 30, 2005 119 STAT. 2947

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

Certification.

119 STAT. 2948 PUBLIC LAW 109–156—DEC. 30, 2005

LEGISLATIVE HISTORY—S. 1310 (H.R. 3124):

HOUSE REPORTS: No. 109–334 accompanying H.R. 3124 (Comm. on Resources).

SENATE REPORTS: No. 109–194 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 151 (2005):

Dec. 16, considered and passed Senate.

Dec. 18, considered and passed House.

Æ

(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’’.

Approved December 30, 2005.

16 USC 463 note.