I 

108TH CONGRESS 

2D SESSION H. R. 5369

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 HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2004

Mr. SHERWOOD introduced the following bill; which was referred to the 

Committee on Resources 

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,

3 SECTION 1. SHORT TITLE. 

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

5 National Recreation Area Natural Gas Pipeline Enlarge6 ment Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 
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1 (1) CORPORATION.—The term ‘‘Corporation’’ 

2 means the Columbia Gas Transmission Corporation. 

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

4 that portion of the pipeline of the Corporation num5 bered 1278 that is—

6 (A) located in the Recreation Area; and 

7 (B) situated on 2 tracts designated by the 

8 Corporation as ROW No. 16405 and No. 

9 16414. 

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

11 Area’’ means the Delaware Water Gap National 

12 Recreation Area in the Commonwealth of Pennsyl13 vania. 

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

15 the Secretary of the Interior. 

16 (5) SUPERINTENDENT.—The term ‘‘Super17 intendent’’ means the Superintendent of the Recre18 ation Area. 

19 SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPE20 LINE. 

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

22 agreement with the Corporation to grant to the Corpora23 tion, for no consideration, an easement to enlarge the di24 ameter of the pipeline from 14 inches to not more than 

25 20 inches. 
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1 (b) TERMS AND CONDITIONS.—The easement au2 thorized under subsection (a) shall—

3 (1) be consistent with—

4 (A) the recreational values of the Recre5 ation Area; and 

6 (B) protection of the resources of the 

7 Recreation Area; 

8 (2) include provisions for the protection of re9 sources in the Recreation Area that ensure that only 

10 the minimum and necessary amount of disturbance, 

11 as determined by the Secretary, shall occur during 

12 the construction or maintenance of the expanded 

13 pipeline; 

14 (3) be consistent with the laws (including regu15 lations) and policies applicable to units of the Na16 tional Park System; and

17 (4) be subject to any other terms and condi18 tions that the Secretary determines to be necessary. 

19 (c) PERMITS.—

20 (1) IN GENERAL.—The Superintendent may 

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

22 Recreation Area in accordance with subsection (b) 

23 for the temporary construction and staging areas re24 quired for the construction of the enlarged pipeline. 
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1 (2) PRIOR TO ISSUANCE.—The easement au2 thorized under subsection (a) and the permit author3 ized under paragraph (1) shall require that before 

4 the Superintendent issues a permit for any clearing 

5 or construction, the Corporation shall—

6 (A) consult with the Superintendent; 

7 (B) identify natural and cultural resources 

8 of the Recreation Area that may be damaged or 

9 lost because of the clearing or construction; and 

10 (C) submit to the Superintendent for ap11 proval a restoration and mitigation plan that—

12 (i) describes how the land subject to 

13 the easement will be maintained; and 

14 (ii) includes a schedule for, and de15 scription of, the specific activities to be 

16 carried out by the Corporation to mitigate 

17 the damages or losses to, or restore, the 

18 natural and cultural resources of the 

19 Recreation Area identified under subpara20 graph (B). 

21 (d) PIPELINE REPLACEMENT REQUIREMENTS.—The 

22 enlargement of the pipeline authorized under subsection 

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

24 requirements required by the Research and Special Pro-
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1 grams Administration of the Department of Transpor2 tation (CPF No. 1–2002–1004–H). 

3 (e) FERC CONSULTATION.—The Corporation shall 

4 comply with all other requirements for certification by the 

5 Federal Energy Regulatory Commission that are nec6 essary to permit the increase in pipeline size. 

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

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

9 the pipeline within the boundary of the Recreation Area 

10 after the date of enactment of this Act. 

11 (g) EFFECT ON RIGHT-OF-WAY EASEMENT.—Noth12 ing in this Act increases the 50-foot right-of-way easement 

13 for the pipeline. 

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

15 Attorney General may bring a civil action against the Cor16 poration in United States district court to recover dam17 ages and response costs under Public Law 101–337 (16 

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

19 (1) the Corporation—

20 (A) violates a provision of—

21 (i) an easement authorized under sub22 section (a); or 

23 (ii) a permit issued under subsection 

24 (c); or 
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1 (B) fails to submit or timely implement a 

2 restoration and mitigation plan approved under 

3 subsection (c)(3); and 

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

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

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

7 U.S.C. 19jj)).

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