IIB 

112TH CONGRESS 

2D SESSION H. R. 2606 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2012 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

To authorize the Secretary of the Interior to allow the construction and operation of natural gas pipeline facilities 

in the Gateway National Recreation Area, and for other 

purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘New York City Natural 

3 Gas Supply Enhancement Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ENTITY.—The term ‘‘entity’’ means an en7 tity holding a permit issued under this Act. 

8 (2) LEASE.—The term ‘‘lease’’ means an agree9 ment that authorizes the occupancy and use of cer10 tain designated premises for facilities associated 

11 with the project, particularly a meter and regulating 

12 station. 

13 (3) NATURAL GAS PIPELINE FACILITIES.—The 

14 term ‘‘natural gas pipeline facilities’’ means pipeline 

15 and related equipment necessary for the trans16 mission and distribution of natural gas, such as me17 ters and heating and pressure-regulating devices 

18 used in the transportation of natural gas. 

19 (4) PERMIT.—The term ‘‘permit’’ means any 

20 permits, rights-of-way, or any other authorizations 

21 necessary for the Secretary to authorize the con22 struction, operation, and maintenance of natural gas 

23 pipeline facilities in the Gateway National Recre24 ation Area. 

25 (5) PROJECT.—The term ‘‘project’’ means the 

26 natural gas pipeline facilities within Gateway NaVerDate Mar 15 2010 00:59 Feb 10, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2606.RFS H2606

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1 tional Recreation Area, including the meter and reg2 ulating station to be located at Floyd Bennett Field, 

3 that are part of the Rockaway Delivery Lateral/ 

4 Brooklyn Queens Interconnect Project, as further 

5 described in Federal Energy Regulatory Commission 

6 (FERC) Docket No. PF09–8, and including author7 ized revisions to the project. 

8 (6) RENT.—The term ‘‘rent’’ means any pay9 ment to the Secretary pursuant to a lease for occu10 pancy and use of designated premises to be made in 

11 such a manner and at such intervals as determined 

12 by the Secretary. 

13 (7) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior, acting through the Di15 rector of the National Park Service. 

16 SEC. 3. PERMITTING INSTRUMENTS FOR NATURAL GAS 

17 PIPELINE FACILITIES. 

18 (a) IN GENERAL.—The Secretary may issue permits 

19 to authorize the construction, operation, and maintenance 

20 of natural gas pipeline facilities, as provided by the 

21 project, within Gateway National Recreation Area. 

22 (b) TERMS AND CONDITIONS.— 

23 (1) Any rights-of-way or other permits issued 

24 for the natural gas pipeline facilities under this sec25 tion shall be consistent with the laws and regulations 


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1 generally applicable to utility rights-of-way within 

2 units of the National Park System. 

3 (2) Any permits issued under this section for 

4 the natural gas pipeline facilities shall be subject to 

5 such terms and conditions the Secretary deems ap6 propriate. 

7 (3) The Secretary shall charge a fee for any 

8 permits issued under this section. The fees shall be 

9 based on fair market value and shall also include 

10 costs incurred by the National Park Service in proc11 essing a request for a permit; issuing a permit, if 

12 appropriate; and monitoring the permitted activities. 

13 (4) Any permits issued under this section shall 

14 be for a term of 10 years, subject to renewal with 

15 any changes to its terms and conditions mutually 

16 agreed upon. 

17 (c) ENFORCEMENT.—Failure to comply with, or a 

18 violation of, any term or condition of a permit may result 

19 in a citation, or fine, or the suspension or revocation of 

20 authorization to conduct the permitted activity. 

21 SEC. 4. LEASE OF BUILDINGS. 

22 The Secretary may enter into a non-competitive lease 

23 with any entity to allow the occupancy and use of buildings 

24 and associated properties on Floyd Bennett Field to house 


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1 facilities associated with the project, particularly a meter 

2 and regulating station. Such lease shall— 

3 (1) otherwise be subject to National Park Serv4 ice leasing regulations; 

5 (2) provide for the restoration and maintenance 

6 of the buildings and associated properties in accord7 ance with the Secretary of the Interior’s Treatment 

8 Standards for Historic Property (36 CFR Part 68), 

9 section 106 of the National Historic Preservation 

10 Act (36 CFR 800), and any programmatic agree11 ments; 

12 (3) provide for appropriate rent for occupancy 

13 and use of the property representing, at minimum 

14 but not limited to, fair market value; and 

15 (4) provide for monetary penalties for violations 

16 of the lease. 

17 SEC. 5. FEES AND RENT. 

18 (a) FEES.—The Secretary shall retain the portion of 

19 any fee assessed under section 3(b)(3) that is equal to the 

20 costs incurred in processing and issuing the permit re21 quest and monitoring the permitted activities, and the bal22 ance of the fee shall be deposited in the Treasury of the 

23 United States. 

24 (b) RENT.—Any rent collected pursuant to section 4 

25 shall be deposited in a special account in the Treasury 


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1 of the United States in accordance with section 3(k)(5) 

2 of Public Law 91–383 (16 U.S.C. 1a–2(k)(5)) and shall 

3 be available to the Secretary, without further appropria4 tion and without fiscal year limitation, for infrastructure 

5 needs, resource protection, and visitor services at the 

6 Gateway National Recreation Area. 

Passed the House of Representatives February 7, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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