59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–435 

AMENDING 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 

FEBRUARY 24, 2016.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3620] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (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, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 3620 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 FOR LEGISLATION

The Delaware Water Gap National 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 National Recreation Area and served as a major truck route 

for many years. In 1981, Highway 209 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 Park segment of 

Highway 209 to commercial traffic and authorized NPS to collect 

and retain fees from commercial use of the road. A 10-year transiVerDate Sep 11 2014 04:45 Feb 27, 2016 Jkt 059006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR435.XXX HR435

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tion period was established to accommodate impacts on the surrounding communities, especially the 13 trucking companies that 

were in existence in towns adjacent to the Park 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 until September 30, 2005. 

In 2005, the 109th Congress passed Public Law 109–156, the Delaware Water Gap Improvement Act, which extended permitting for 

commercial vehicle traffic until September 30, 2015. 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 directed at 

permitting access for smaller class commercial vehicles for businesses physically located in towns adjacent to Highway 209, for a 

period of five years. H.R. 3620 does just that. 

COMMITTEE ACTION

H.R. 3620 was introduced on September 28, 2015, by Congressman Tom Marino (R–PA). The bill was referred to the Committee 

on Natural Resources, and within the Committee to the Subcommittee on Federal Lands. On February 2, 2016, the Natural Resources Committee met to consider the bill. The Subcommittee was 

discharged by unanimous consent. No amendments were offered, 

and the bill was ordered favorably reported to the House of Representatives by unanimous consent on February 3, 2016. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 


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H.R. 3620—A bill 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 

H.R. 3620 would permit certain commercial vehicles to pass 

through the Delaware Water Gap National Recreation Area and 

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

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

2020. 

The National Park Service (NPS) would be authorized to spend 

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

Because the legislation would allow NPS to collect fees from commercial vehicles, H.R. 3620 would increase offsetting receipts from 

permit fees and associated direct spending; therefore, pay-as-yougo procedures apply. However, based on information from NPS, 

CBO estimates that the net effect on direct spending would be insignificant. Enacting the bill would not affect revenues. 

CBO estimates that enacting H.R. 3620 would not increase net 

direct spending or on-budget deficits by more than $5 billion in any 

of the four consecutive 10-year periods beginning in 2027. 

H.R. 3620 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 Marin Burnett. The estimate was approved by Theresa Gullo, Assistant Director for 

Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, credit authority, or an increase or decrease in revenues or tax expenditures. According to the Congressional Budget Office (CBO), because the bill 

would allow the National Park Service to collect fees (of up to $200) 

from certain commercial vehicles that transit the Recreation Area, 

enactment of the bill would increase offsetting receipts. However, 

CBO concludes that the net effect on direct spending ‘‘would be insignificant.’’ 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill 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. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 


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COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

DELAWARE WATER GAP NATIONAL RECREATION AREA 

IMPROVEMENT ACT 

* * * * * * * 

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. 

* * * * * * * 


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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’’.¿ 

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 


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

State Route 2001. 

* * * * * * * 

SECTION 702 OF THE OMNIBUS PARKS AND PUBLIC 

LANDS MANAGEMENT ACT OF 1996 

øSEC. 702. DELAWARE WATER GAP. 

ø(a) IN GENERAL.—Effective on the earlier of the date on which 

a feasible alternative is available or noon of September 30, 2015, 

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 on the earlier of the date on which 

a feasible alternative is available or September 30, 2015. 

ø(2) Prior to the earlier of the date on which a feasible alternative is available or noon of September 30, 2015, the Secretary shall collect and utilize a commercial use fee from commercial vehicles in accordance with paragraphs (1) through (3) 

of such third undesignated paragraph. Such fee shall be established at a rate that would cover the cost of collection of the 

commercial use fee, but not to exceed $40 per trip.¿ 

Æ 


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