II 

Calendar No. 312 

109TH CONGRESS 

1ST SESSION S. 1310 

[Report No. 109–194] 

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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2005 

Mr. SANTORUM (for himself and Mr. SPECTER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

DECEMBER 8, 2005 

Reported under authority of the order of the Senate of November 18, 2005, 

by Mr. DOMENICI, with amendments and an amendment to the title 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•S 1310 RS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Delaware Water Gap 

3 National Recreation Area Natural Gas Pipeline Enlarge4 ment Act’’. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) CORPORATION.—The term ‘‘Corporation’’ 

8 means the Columbia Gas Transmission Corporation. 

9 (2) PIPELINE.—The term ‘‘pipeline’’ means 

10 that portion of the pipeline of the Corporation num11 bered 1278 that is— 

12 (A) located in the Recreation Area; and 

13 (B) situated on 2 tracts designated by the 

14 Corporation as ROW No. 16405 and No. 16414 

15 16413. 

16 (3) RECREATION AREA.—The term ‘‘Recreation 

17 Area’’ means the Delaware Water Gap National 

18 Recreation Area in the Commonwealth of Pennsyl19 vania. 

20 (4) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 (5) SUPERINTENDENT.—The term ‘‘Super23 intendent’’ means the Superintendent of the Recre24 ation Area. 
3 

•S 1310 RS 

1 SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPE2 LINE. 

3 (a) IN GENERAL.—The Secretary may enter into an 

4 agreement with the Corporation to grant to the Corpora5 tion, for no consideration, an easement to enlarge the di6 ameter of the pipeline from 14 inches to not more than 

7 20 inches. 

8 (b) TERMS AND CONDITIONS.—The easement au9 thorized under subsection (a) shall— 

10 (1) be consistent with— 

11 (A) the recreational values of the Recre12 ation Area; and 

13 (B) protection of the resources of the 

14 Recreation Area; 

15 (2) include provisions for the protection of re16 sources in the Recreation Area that ensure that only 

17 the minimum and necessary amount of disturbance, 

18 as determined by the Secretary, shall occur during 

19 the construction or maintenance of the enlarged 

20 pipeline; 

21 (3) be consistent with the laws (including regu22 lations) and policies applicable to units of the Na23 tional Park System; and 

24 (4) be subject to any other terms and condi25 tions that the Secretary determines to be necessary; 

26 (c) PERMITS.— 
4 

•S 1310 RS 

1 (1) IN GENERAL.—The Superintendent may 

2 issue a permit to the Corporation for the use of the 

3 Recreation Area in accordance with subsection (b) 

4 for the temporary construction and staging areas re5 quired for the construction of the enlarged pipeline. 

6 (2) PRIOR TO ISSUANCE.—The easement au7 thorized under subsection (a) and the permit author8 ized under paragraph (1) shall require that before 

9 the Superintendent issues a permit for any clearing 

10 or construction, the Corporation shall— 

11 (A) consult with the Superintendent; 

12 (B) identify natural and cultural resources 

13 of the Recreation Area that may be damaged or 

14 lost because of the clearing or construction; and 

15 (C) submit to the Superintendent for ap16 proval a restoration and mitigation plan that— 

17 (i) describes how the land subject to 

18 the easement will be maintained; and 

19 (ii) includes a schedule for, and de20 scription of, the specific activities to be 

21 carried out by the Corporation to mitigate 

22 the damages or losses to, or restore, the 

23 natural and cultural resources of the 

24 Recreation Area identified under subpara25 graph (B). 
5 

•S 1310 RS 

1 (d) PIPELINE REPLACEMENT REQUIREMENTS.—The 

2 enlargement of the pipeline authorized under subsection 

3 (a) shall be considered to meet the pipeline replacement 

4 requirements required by the Research and Special Pro5 grams Administration of the Department of Transpor6 tation (CPF No. 1–2002–1004–H). 

7 (e) FERC CONSULTATION.—The Corporation shall 

8 comply with all other requirements for certification by the 

9 Federal Energy Regulatory Commission that are nec10 essary to permit the increase in pipeline size. 

11 (f) LIMITATION.—The Secretary shall not grant any 

12 additional increases in the diameter of, or easements for, 

13 the pipeline within the boundary of the Recreation Area 

14 after the date of enactment of this Act. 

15 (g) EFFECT ON RIGHT-OF-WAY EASEMENT.—Noth16 ing in this Act increases the 50-foot right-of-way easement 

17 for the pipeline. 

18 (h) PENALTIES.—On request of the Secretary, the 

19 Attorney General may bring a civil action against the Cor20 poration in United States district court to recover dam21 ages and response costs under Public Law 101–337 (16 

22 U.S.C. 19jj et seq.) or any other applicable law if— 

23 (1) the Corporation— 

24 (A) violates a provision of— 
6 

•S 1310 RS 

1 (i) an easement authorized under sub2 section (a); or 

3 (ii) a permit issued under subsection 

4 (c); or 

5 (B) fails to submit or timely implement a 

6 restoration and mitigation plan approved under 

7 subsection (c)(3); and 

8 (2) the violation or failure destroys, results in 

9 the loss of, or injures any park system resource (as 

10 defined in section 1 of Public Law 101–337 (16 

11 U.S.C. 19jj)). 

12 SEC. 4. TERMINATION OF NATIONAL PARK SYSTEM ADVI13 SORY BOARD. 

14 Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 

15 463(f)) is amended in the first sentence by striking ‘‘2006’’ 

16 and inserting ‘‘2008’’. 

Amend the title so as to read: ‘‘A bill 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 and to extend the termination 

date of the National Park System Advisory Board to 

January 1, 2008.’’. 

Calendar No. 312 

109TH CONGRESS 

1ST SESSION S. 1310 

[Report No. 109–194] 

A BILL 

To authorize the Secretary of the Interior to allow 

Recreation Area. located in the Delaware Water Gap National increase the diameter of a natural gas pipeline the Columbia Gas Transmission Corporation to 

DECEMBER 8, 2005 

Reported with amendments and an amendment to the 

title