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[House Report 115-995]
[From the U.S. Government Publishing Office]

115th Congress     }                                          {    Report
                           HOUSE OF REPRESENTATIVES
 2d Session        }                                          {   115-995

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TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO GRANT TO STATES AND LOCAL 
   GOVERNMENTS EASEMENTS AND RIGHTS-OF-WAY OVER FEDERAL LAND WITHIN 
   GATEWAY NATIONAL RECREATION AREA FOR CONSTRUCTION, OPERATION, AND 
  MAINTENANCE OF PROJECTS FOR CONTROL AND PREVENTION OF FLOODING AND 
                           SHORELINE EROSION

                                _______
                                

October 23, 2018.--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. 6666]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 6666) to authorize the Secretary of the Interior 
to grant to States and local governments easements and rights-
of-way over Federal land within Gateway National Recreation 
Area for construction, operation, and maintenance of projects 
for control and prevention of flooding and shoreline erosion, 
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. 6666 is to authorize the Secretary of 
the Interior to grant to States and local governments easements 
and rights-of-way over Federal land within Gateway National 
Recreation Area for construction, operation, and maintenance of 
projects for control and prevention of flooding and shoreline 
erosion.

                  Background and Need for Legislation

    Hurricane Sandy was the deadliest and most destructive 
hurricane of the 2012 Atlantic hurricane season.\1\ Sandy 
caused $70 billion dollars in damage in the U.S. and affected 
24 States, including the entire eastern seaboard.\2\ The damage 
was particularly severe in New York and New Jersey where the 
storm made landfall. The storm surge hit New York City on 
October 29, flooding streets, tunnels and subway lines, and 
cutting power around the City.\3\ Tragically, 162 individuals 
lost their lives because of the storm, including 53 in New 
York.\4\
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    \1\``2012 Atlantic Hurricane Season.'' National Hurricane Center 
Annual Summary. National Weather Service. NOAA. January 23, 2014. 
https://www.nhc.noaa.gov/data/tcr/summary_atlc_2012.pdf.
    \2\``FEMA Fact Sheet: Mitigation Assessment Team Results--Hurricane 
Sandy.'' Federal Emergency Management Agency. DHS. https://
www.fema.gov/mat-results-hurricane-sandy.
    \3\Id.
    \4\``Hurricane Sandy FEMA After-Action Report'' Federal Emergency 
Management Agency. DHS. July 1, 2013. https://www.fema.gov/media-
library-data/20130726-1923-25045-7442/sandy_fema_aar.pdf, ``Deaths 
Associated with Hurricane Sandy.'' Morbidity and Mortality Weekly 
Report. Center for Disease Control and Prevention. May 24, 2013. 
https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6220a1.htm.
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    The devastation was widespread in Staten Island, especially 
along its southern shore where residences, businesses, cars, 
and other property were heavily damaged. Whole blocks of houses 
were swept away by the storm surge in the communities of 
Midland, New Dorp, and Oakland Beach. Considerable damage also 
occurred to the borough's electrical grid, rail, and ferry 
operations.\5\ The damage was so severe that media reports 
referred to it as Ground Zero for damage in New York City, and 
at least 21 people died in Staten Island from the storm 
surge.\6\
---------------------------------------------------------------------------
    \5\``Tropical Cyclone Report: Hurricane Sandy.'' National Hurricane 
Center. February 12, 2013. https://www.nhc.noaa.gov/data/tcr/
AL182012_Sandy.pdf.
    \6\Id.
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    In the aftermath of the hurricane, and in response to 
Public Law 113-2, the Army Corps of Engineers completed a 
Coastal Storm Risk Management Plan for the south shore of 
Staten Island.\7\ The planned project calls for the 
construction of a 5.3-mile line of protection consisting of 
levees, floodwalls, and a buried seawall supplemented by 
drainage improvements including excavated ponds, road raisings, 
new tide gates, and culvert structures.\8\ The infrastructure 
will serve as the first line of defense against severe coastal 
surge flooding and wave forces, providing protection for 30,000 
people and over 7,300 structures.\9\ The seawall will not only 
save lives but will allow for flood insurance relief for area 
residents.\10\
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    \7\Public Law 113-2. Disaster Relief Appropriations Act, 2013. 
113th Congress. January 29, 2013. https://www.congress.gov/113/plaws/
publ2/PLAW-113publ2.pdf.
    \8\``South Shore of Staten Island, New York Coastal Storm Risk 
Management Final Feasibility Study for Fort Wadsworth to Oakwood 
Beach.'' U.S. Army Corps of Engineers New York District and New York 
State Department of Environmental Conservation. December 2016. http://
www.nan.usace.army.mil/Missions/Civil-Works/Projects-in-New-York/South-
Shore-of-Staten-Island/.
    \9\Id.
    \10\Letter from Congressman Daniel M. Donovan, Jr. to the Honorable 
Ryan K. Zinke, Secretary of the Interior. Dated August 31, 2018.
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    The seawall and levees will traverse both private and 
public land. The project will intersect 1,742 feet of shoreline 
within the boundary of Gateway National Recreation Area, 
federal land managed by the National Park Service.\11\ 
According to the project report, both the Army Corps of 
Engineers and the National Park Service understand that this 
project is necessary for the protection of the adjacent 
communities and have worked cooperatively to develop an 
alternative that is mutually acceptable to meet the project 
objectives and minimize adverse impacts on Park resources.\12\
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    \11\``South Shore of Staten Island, New York Coastal Storm Risk 
Management Final Feasibility Study for Fort Wadsworth to Oakwood 
Beach.'' U.S. Army Corps of Engineers New York District and New York 
State Department of Environmental Conservation. December 2016. http://
www.nan.usace.army.mil/Missions/Civil-Works/Projects-in-New-York/South-
Shore-of-Staten-Island/.
    \12\Id.
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    H.R. 6666 authorizes the Secretary of the Interior to issue 
an easement across the Gateway National Recreation Area for 
construction and placement of the seawall. Construction costs 
of the seawall and related infrastructure will be shared by 
both non-federal and federal partners. Once completed, the 
State of New York will be responsible for the operation, 
maintenance and repair of the seawall.

                            Committee Action

    H.R. 6666 was introduced on August 10, 2018, by Congressman 
Daniel M. Donovan, Jr. (R-NY). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On September 26, 2018, 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.

            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 and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 17, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 6666, a bill to 
authorize the Secretary of the Interior to grant to States and 
local government easements and rights-of-way over Federal land 
within Gateway National Recreation Area for construction, 
operation, and maintenance of projects for control and 
prevention of flooding and shoreline erosion.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jacob Fabian.
            Sincerely,
                                             Mark P. Hadley
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 6666--A bill to authorize the Secretary of the Interior to grant 
        to States and local governments easements and rights-of-way 
        over Federal land within Gateway National Recreation Area for 
        construction, operation, and maintenance of projects for 
        control and prevention of flooding and shoreline erosion

    H.R. 6666 would authorize the Secretary of the Interior to 
issue easements or rights-of-way over federal land within the 
Gateway National Recreation Area to state and local governments 
for the construction, operation and maintenance of projects 
necessary to prevent flooding and shoreline erosion. 
Additionally, the bill would allow the National Park Service 
(NPS) to accept reimbursements for the costs of processing 
applications for easements and rights-of-way.
    Using information from the NPS, CBO estimates that 
implementing H.R. 6666 would increase costs for issuing rights-
of-way permits and offsetting collections, which are treated as 
reductions in discretionary spending, leading to an 
insignificant net cost over the 2019-2023 period.
    Enacting H.R. 6666 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 6666 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 6666 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Jacob Fabian. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
     2. 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 authorize the Secretary of the 
Interior to grant to States and local governments easements and 
rights-of-way over Federal land within Gateway National 
Recreation Area for construction, operation, and maintenance of 
projects for control and prevention of flooding and shoreline 
erosion.

                           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.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    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 (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                  GATEWAY NATIONAL RECREATION AREA ACT

(Public Law 92-592)

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  Sec. 3 (a) The Secretary shall administer the recreation area 
in accordance with the provisions of the Act of August 25,1916 
(39 Stat. 535; 16 U.S.C. 1, 2-4), as amended and supplemented. 
In the administration of the recreation area the Secretary may 
utilize such statutory authority available to him for the 
conservation and management of wildlife and natural resources 
as he deems appropriate to carry out the purposes of this Act: 
Provided, That the Secretary shall administer and protect the 
islands and waters within the Jamaica Bay Unit with the primary 
aim of conserving the natural resources, fish, and wildlife 
located therein and shall permit no development or use of this 
area which is incompatible with this purpose.
  (b)(1) The Secretary shall designate the principal visitor 
center within the recreation area as the ``William Fitts Ryan 
Visitor Center'' in commemoration of the leadership and 
contributions which Representative William Fitts Ryan made with 
respect to the creation and establishment of this public 
recreation area. To inform the public of the contributions of 
Representative Ryan to the creation of the recreation area, the 
Secretary shall provide such signs, markers, maps, interpretive 
materials, literature, and programs as he deems appropriate. 
Not later than December 31, 1980, the Secretary shall take such 
additional actions as he deems appropriate to recognize and 
commemorate the contributions of Representative Ryan to the 
recreation area.
  (2) The portion of the Staten Island Unit of the recreation 
area known as Miller Field is hereby designated as ``World War 
Veterans Park at Miller Field''. Any reference to such Miller 
Field in any law, regulation, map, document, record, or other 
paper of the United States shall be considered to be a 
reference to ``World War Veterans Park at Miller Field''.
  (c) The Secretary is authorized to enter into cooperative 
agreements with the States of New York and New Jersey, or any 
political subdivision thereof, for the rendering, on a 
reimbursable basis, of rescue, firefighting, and law 
enforcement services and cooperative assistance by nearby law 
enforcement and fire preventive agencies.
  (d) The authority of the Secretary of the Army to undertake 
or contribute to water resource developments, including shore 
erosion control, beach protection, and navigation improvements 
(including the deepening of the shipping channel from the 
Atlantic Ocean to the New York harbor) on land and/or waters 
within the recreation area shall be exercised in accordance 
with plans which are mutually acceptable to the Secretary of 
the Interior and the Secretary of the Army and which are 
consistent with both the purpose of this Act and the purpose of 
existing statutes dealing with water and related land resource 
development.
  (e) The authority of the Secretary of Transportation to 
maintain and operate existing airwav facilities and to install 
necessary new facilities within the recreation area shall be 
exercised in accordance with plans which are mutually 
acceptable to the Secretary of the Interior and the Secretary 
of Transportation and which are consistent with both the 
purpose of this Act and the purpose of existing statutes 
dealing with the establishment, maintenance, and operation of 
airway facilities: Provided, That nothing in this section shall 
authorize the expansion of airport runways into Jamaica Bay or 
air facilities at Floyd Bennett Field.
  (f) The Secretary shall permit hunting, fishing, 
shellfishing, trapping, and the taking of specimens on the 
lands and waters under his jurisdiction within the Gateway 
National Recreation Area in accordance with the applicable laws 
of the United States and the bas of the States of New York and 
New Jersey and political subdivisions thereof, except that the 
Secretary may designate zones where and establish periods when 
these activities may not be permitted for reasons of public 
safety, administration, fish or wildlife management, or public 
use and enjoyment.
  (g) In the Sandy Hook and Staten Island Units, the Secretary 
shall inventory and evaluate all sites and structures having 
present and potential historical, cultural, or architectural 
significance and shall provide for appropriate programs for the 
preservation, restoration, interpretation, and utilization of 
them.
  (h) Notwithstanding any other provision of law. the Secretary 
is authorized to accept donations of funds from individuals, 
foundations, or corporations for the purpose of providing 
services and facilities which he deems consistent with the 
purposes of this Act.
  (i) Notwithstanding the provisions of subsection (a) of this 
section, the United States hereby conveys to the city of New 
York all rights to the methane gas and associated byproducts 
resulting from solid waste decomposition on the area within the 
Jamaica Bay Unit known as the Fountain Avenue Landfill site, 
subject to payments to the United States of 50 per centum of 
the revenue received by the city of New York, if any, from the 
development of such rights. The Secretary shall grant to the 
City, its lessee or assignee, all rights-of-way and other 
permits necessary from the Department of the Interior to 
extract and transport the gas from the site: Provided, That the 
rights-of-way and other permits shall provide for reasonable 
restoration of the site, including removal of any processing or 
storage facilities used in the disposal, development, or 
extraction of the gas, access by the Secretary to the site for 
safety and other recreation area purposes, and such other 
reasonable conditions as the Secretary deems necessary to 
further purposes of the recreation area. All such payments to 
the United States shall be credited to the appropriations of 
the National Park Service for the development and improvement 
of Gateway National Recreation Area.
  (j) Authority to Grant Easements and Rights-of-way.--
          (1) In general.--The Secretary of the Interior may 
        grant, to any State or local government, an easement or 
        right-of-way over Federal lands within Gateway National 
        Recreation Area for construction, operation, and 
        maintenance of projects for control and prevention of 
        flooding and shoreline erosion.
          (2) Charges and reimbursement of costs.--The 
        Secretary may grant such an easement or right-of-way 
        without charge for the value of the right so conveyed, 
        except for reimbursement of costs incurred by the 
        United States for processing the application therefore 
        and managing such right. Amounts received as such 
        reimbursement shall be credited to the relevant 
        appropriation account.

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