69–010 

Calendar No. 64 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–51 

TO AMEND THE DELAWARE WATER GAP NATIONAL RECREATION AREA 

IMPROVEMENT ACT TO PROVIDE ACCESS TO CERTAIN VEHICLES SERVING RESIDENTS OF MUNICIPALITIES ADJACENT TO THE DELAWARE 

WATER GAP NATIONAL RECREATION AREA, AND FOR OTHER PURPOSES 

MAY 9, 2017.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 560] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (H.R. 560) to amend the Delaware Water Gap National Recreation Area Improvement Act to provide access to certain vehicles serving residents of municipalities adjacent to the 

Delaware Water Gap National Recreation Area, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of H.R. 560 is to amend the Delaware Water Gap 

National Recreation Area Improvement Act to provide access to 

certain vehicles serving residents of municipalities adjacent to the 

Delaware Water Gap National Recreation Area. 

BACKGROUND AND NEED

The Delaware Water Gap National Recreation Area (Recreation 

Area) in Pennsylvania and New Jersey preserves 70,000 acres on 

both sides of the Delaware River. Highway 209 spans 21 miles 

through the middle of the Recreation Area and served as a major 

truck route for many years. In 1981, the section of Highway 209 

within the boundaries of the Recreation Area was transferred from 

the Commonwealth of Pennsylvania to the National Park Service 

(NPS). 

Two years later, a provision of Public Law 98–63, the Fiscal Year 

1983 Supplemental Appropriations Act, closed the NPS segment of 

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Highway 209 to commercial traffic, except for commercial vehicular 

operations serving business or persons located in or contiguous to 

the boundaries of the Recreation Area. Public Law 98–63 also authorized the NPS to collect and retain fees from commercial use of 

the road for management, operation, construction, and maintenance of Highway 209 within the boundaries of the Recreation 

Area. A 10-year transition period was established to accommodate 

impacts on the surrounding communities, especially the 13 trucking companies that were in existence in towns adjacent to the 

Recreation Area at that time. This portion of federal roadway was 

a heavily travelled commercial vehicle route between Interstates 80 

and 84. The Federal Government ensured that I–287 in New Jersey and I–380 in Pennsylvania were built to provide an alternate 

route between I–80 and I–84, and the Commonwealth of Pennsylvania was tasked with the improvement of State Road 2001 to absorb the remaining traffic. 

In 1996, Congress passed Public Law 104–333, which extended 

permitting for commercial vehicle traffic within the Recreation 

Area until September 30, 2005. In 2005, Congress passed Public 

Law 109–156, the Delaware Water Gap Improvement Act, which 

extended permitting for commercial vehicle traffic in the Recreation 

Area through September 30, 2015. Public Law 104–333 also clarified that the use of commercial vehicles serving businesses located 

within or in the vicinity of the Recreation Area would continue to 

be allowed beyond 2005, as determined by the Secretary. This extension was passed to provide more time for the Commonwealth of 

Pennsylvania to complete upgrades to State Road 2001, including 

a land exchange. 

As the third extension permitting commercial vehicle use of 

Highway 209 neared expiration on September 30, 2015, local elected officials requested that Congress enact legislation to permit access for smaller class commercial vehicles for businesses physically 

located in towns adjacent to Highway 209 for a period of five years. 

H.R. 560 provides for such an extension, sets up a fee structure, 

and exempts certain vehicles from the fee. 

LEGISLATIVE HISTORY

Representatives Marino and Cartwright introduced H.R. 560 on 

January 13, 2017. On January 30, 2017, H.R. 560 passed by voice 

vote in the House. 

In the 114th Congress, similar legislation, H.R. 3620, was introduced on September 28, 2015 by Representative Marino. On February 3, 2016, the House Natural Resources Committee ordered 

H.R. 3620 reported by unanimous consent (H. Report 114–435). 

The House of Representatives passed H.R. 3620 on February 24, 

2016, by voice vote. 

The Subcommittee on National Parks held a hearing on H.R. 

3620 on June 15, 2016. The Committee on Energy and Natural resources met in open business session on July 13, 2016, and ordered 

H.R. 3620 favorably reported (S. Report 114–339). 

Similar legislation was included in title XXII, the House amendment to S. 2012, the North American Energy Security and Infrastructure Act of 2016. 

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The Committee on Energy and Natural Resources met in open 

business session on March 30, 2017, and ordered H.R. 560 favorably reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on March 30, 2017, by a majority voice vote 

of a quorum present, recommends that the Senate pass H.R. 560. 

SECTION-BY-SECTION ANALYSIS

Section 1. Vehicular access and fees 

Section 1 amends Public Law 109–156 to include a new section 

4 governing the use of certain roads within the Recreation Area. 

The new section 4(a) includes exceptions to the prohibition on all 

commercial vehicles on Highway 209, a federally owned road within the boundaries of the Recreation Area. 

The new subsection (b) outlines exceptions for local business use, 

including those commercial vehicles owned and operated by a business physically located in the Recreation Area or one or more of the 

adjacent municipalities as well as commercial vehicles necessary to 

provide services to businesses or persons located in the Recreation 

Area or one or more of the adjacent municipalities. 

The new subsection (c) establishes a fee and permit program for 

use by commercial vehicles of Highway 209, including an annual 

fee not to exceed $200. All fees received under the program shall 

be set aside in a special account and be available, without further 

appropriation, to the Secretary for the administration and enforcement of the program, including registering vehicles, issuing permits, and personnel costs. 

The new subsection (d) provides exceptions for certain commercial vehicles to use Highway 209 without being subject to a fee or 

permit, including local school buses, fire, ambulance, and other 

safety and emergency vehicles, as well as commercial vehicles 

using Federal Road 209 from Milford to the Delaware River Bridge 

leading to U.S. Route 206 in New Jersey, and mile 0 of Federal 

Road 209 to Pennsylvania State Route 2001. 

Section 2. Definitions 

Section 2 defines the term ‘‘adjacent municipalities.’’ 

Section 3. Conforming amendments 

Section 3 repeals section 702 of division I of the Omnibus Parks 

and Public Lands Management Act of 1996 (Public Law 104–333). 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the costs of this measure has been provided by the Congressional Budget Office. 

H.R. 560 would permit certain commercial vehicles to pass 

through the Delaware Water Gap National Recreation Area and 

allow the Department of Interior (DOI) to collect an annual fee of 

up to $200 from the users of those vehicles until September 30, 

2021. The National Park Service (NPS) would be authorized to 

spend the fees collected to offset the cost of operating the program. 

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Pay-as-you-go procedures apply because the legislation would increase offsetting receipts (which are treated as reductions in direct 

spending) and the associated direct spending. However, based on 

information from the NPS, CBO estimates that the net effect on direct spending would be negligible. Enacting the bill would not affect revenues. 

CBO estimates that enacting H.R. 560 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 560 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Jon Sperl. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

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 

H.R. 560. 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 H.R. 560, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 560, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff 

benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

Because H.R. 560 is similar to legislation considered by the Committee in the 114th Congress, the Committee did not request Executive Agency views. The testimony provided by the National Park 

Service at the hearing before the Subcommittee on National Parks 

on June 15, 2016, follows: 

STATEMENT OF DR. STEPHANIE TOOTHMAN, ASSOCIATE DIRECTOR, CULTURAL RESOURCES, PARTNERSHIPS, AND

SCIENCE, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF

THE INTERIOR

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to present the Department of the 

Interior’s views on H.R. 3620, to amend the Delaware 

Water Gap National Recreation Area Improvement Act to 

provide access to certain vehicles serving residents of municipalities adjacent to the Delaware Water Gap National 

Recreation Area, and for other purposes. 

The Department supports enactment of H.R. 3620. 

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H.R. 3620 would amend the Delaware Water Gap National Recreation Area Improvement Act (P.L. 109–156) 

with respect to the prohibition against commercial vehicle 

use of Highway 209, a federally owned road within the 

boundaries of the Delaware Water Gap National Recreation Area in Pennsylvania. The bill would reinstate the 

authority, with some revisions, of the National Park Service (NPS) to allow commercial vehicles serving local businesses to use Highway 209 through a permit and fee program. The previous authority expired on September 30, 

2015. 

The bill would permit the use of Highway 209 until September 30, 2020, by commercial vehicles with four or fewer 

axles that: (1) are owned and operated by a business located in the recreation area or by one or more adjacent 

municipalities named in the bill, or (2) are necessary to 

provide services to businesses or persons located in the 

recreation area or in one or more of those municipalities. 

As part of the permit program authorized by this bill, the 

NPS would be allowed to charge an annual fee of up to 

$200 per vehicle. All fees received would be set aside in a 

special account and made available for the administration 

and enforcement of the program, including registering vehicles, issuing permits and vehicle identification stickers, 

and personnel costs. The bill would exempt local school 

buses; fire, ambulance, and other safety and emergency vehicles; and commercial vehicles along specified segments of 

the highway from the permit and fee requirement. 

In 1983, the Commonwealth of Pennsylvania transferred 

22 miles of State Road 209 (now referred to as Federal 

Road 209) to the United States to enhance the relatively 

new Delaware Water Gap National Recreation Area. It 

was transferred with the understanding that commercial 

traffic on the road would cease. At the time, it was reported that more than a 1,000 tractor trailers per day were 

using the road as a pass-through route between I–80 and 

I–84. There were 13 trucking companies surrounding the 

recreation area when the road was transferred, and those 

companies were allowed under law a ten-year transition 

period to adjust to the new regulation of the road. The 

NPS was authorized to collect and retain fees from the 

commercial use of the road but only from so few entities 

that it cost the NPS between $50,000 and $150,000 every 

year to regulate traffic. Further, when the road was transferred there were many private properties along the 22- 

mile route. Now the United States owns all of the properties except for one store located on the south end within 

the section of road from mile 0 to Bushkill Falls Road (SR 

2001) that allows commercial traffic. 

Completion of the construction of Interstate 287 in New 

Jersey provided an alternate route to I–80 and I–84 allowing commercial traffic to effectively bypass Highway 209. 

Construction of a state road that will parallel Highway 209 

is expected to be completed in the near future and will further reduce local commercial traffic through the park. In 

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the meantime, the enactment of H.R. 3620 would serve the 

needs of local communities while offering a way for NPS 

to manage permitting and fee collection for commercial 

traffic on the park road. We hope that this approach will 

cover the cost of NPS fee administration and traffic enforcement, but that will depend on the number of commercial vehicles that choose to use Highway 209. A year after 

this program is implemented, we should have an estimate 

for the following years. 

Mr. Chairman, this concludes my testimony. I would be 

happy to answer any questions that you or other members 

of the subcommittee may 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 the original 

bill, as 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): 

OMNIBUS PARKS AND PUBLIC LANDS ACT OF 

1996 

PUBLIC LAW 104–333 

* * * * * * * 

DIVISION I 

* * * * * * * 

TITLE VII—FEES 

* * * * * * * 

øSEC. 702. DELAWARE WATER GAP. 

ø(a) IN GENERAL.—Effective at noon on September 30, 2005, the 

use of Highway 209 within Delaware Water Gap National Recreation Area by commercial vehicles, when such use is not connected 

with the operation of the recreation area, is prohibited, except as 

provided in subsection (b). 

ø(b) LOCAL BUSINESS USE PROTECTED.—Subsection (a) does not 

apply with respect to the use of commercial vehicles to serve businesses located within or in the vicinity of the recreation area, as 

determined by the Secretary. 

ø(c) CONFORMING PROVISIONS.— 

ø(1) Paragraphs (1) through (3) of the third undesignated 

paragraph under the heading ‘‘ADMINISTRATIVE PROVISIONS’’ in chapter VII of title I of Public Law 98–63 (97 Stat. 

329) are repealed, effective September 30, 2005. 

ø(2) Prior to noon on September 30, 2005, the Secretary shall 

collect and utilize a commercial use fee from commercial vehicles in accordance with paragraphs (1) through (3) of such 

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third undesignated paragraph. Such fee shall not exceed $ 25 

per trip.¿ 

* * * * * * * 

DELAWARE WATER GAP NATIONAL 

RECREATION AREA IMPROVEMENT ACT 

PUBLIC LAW 109–156 

* * * * * * * 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) ADJACENT MUNICIPALITIES.—The term ‘‘adjacent municipalities’’ means Delaware Township, Dingman Township, Lehman Township, Matamoras Borough, Middle Smithfield Township, Milford Borough, Milford Township, Smithfield Township 

and Westfall Township, in Pennsylvania. 

ø(1)¿(2) CORPORATION.—The term ‘‘Corporation’’ means the 

Columbia Gas Transmission Corporation. 

ø(2)¿(3) 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. 

ø(3)¿(4) RECREATION AREA.—The term ‘‘Recreation Area’’ 

means the Delaware Water Gap National Recreation Area in 

the Commonwealth of Pennsylvania. 

ø(4)¿(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

ø(5)¿(6) SUPERINTENDENT.—The term ‘‘Superintendent’’ 

means the Superintendent of the Recreation Area. 

* * * * * * * 

øSEC. 4. USE OF CERTAIN ROADS WITHIN DELAWARE WATER GAP. 

øSection 702 of Division I of the Omnibus Parks and Public 

Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 

4185) is amended— 

ø(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 

ø(2) in subsection (c)— 

ø(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 

ø(B) in paragraph (2)— 

ø(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 

ø(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’’.¿ 

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SEC. 4. USE OF CERTAIN ROADS WITHIN THE RECREATION AREA. 

(a) IN GENERAL.—Except as otherwise provided in this section, 

Highway 209, a federally owned road within the boundaries of the 

Recreation Area, shall be closed to all commercial vehicles. 

(b) EXCEPTION FOR LOCAL BUSINESS USE.—Until September 30, 

2020, subsection (a) shall not apply with respect to the use of commercial vehicles that have four or fewer axles and are— 

(1) owned and operated by a business physically located in— 

(A) the Recreation Area; or 

(B) one or more adjacent municipalities; or 

(2) necessary to provide services to businesses or persons located in— 

(A) the Recreation Area; or 

(B) one of more adjacent municipalities. 

(c) FEE.—The Secretary shall establish a fee and permit program 

for the use by commercial vehicles of Highway 209 under subsection 

(b). The program shall include an annual fee not to exceed $200 per 

vehicle. All fees received under the program shall be set aside in a 

special account and be available, without further appropriation, to 

the Secretary for the administration and enforcement of the program, including registering vehicles, issuing permits and vehicle 

identification stickers, and personnel costs. 

(d) EXCEPTIONS.—The following vehicles may use Highway 209 

and shall not be subject to a fee or permit requirement under subsection (c): 

(1) Local school buses. 

(2) Fire, ambulance, and other safety and emergency vehicles. 

(3) Commercial vehicles using Federal Road Route 209, 

from— 

(A) Milford to the Delaware River Bridge leading to U.S. 

Route 206 in New Jersey; and 

(B) mile 0 of Federal Road Route 209 to Pennsylvania 

State Route 2001. 

* * * * * * * 

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