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[109th Congress Public Law 156]
[From the U.S. Government Printing Office]

[DOCID: f:publ156.109]

[[Page 2945]]

       DELAWARE WATER GAP NATIONAL RECREATION AREA IMPROVEMENT ACT

[[Page 119 STAT. 2946]]

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. <<NOTE: Dec. 30, 2005 -  [S. 1310]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Delaware Water 
Gap National Recreation Area Improvement Act.>> 

SECTION 1. <<NOTE: 16 USC 461 note.>> 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

[[Page 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 <<NOTE: Certification.>> 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

[[Page 119 STAT. 2948]]

                    (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. <<NOTE: 16 USC 463 note.>> 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.

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.

                                  <all>
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