Delaware Water Gap National Recreation Area Improvement Act
PL 109-156 (S.1310), enacted 12/30/2005

119 STAT. 2946
PUBLIC LAW 109–156—DEC. 30, 2005
Public Law 109–156
109th Congress
An Act
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, to allow certain commercial vehi-
cles to continue to use Route 209 within Delaware Water Gap National Recreation
Area, and to extend the termination date of the National Park System Advisory
Board to January 1, 2007.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Delaware Water Gap National
Recreation Area Improvement Act’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) CORPORATION.—The term ‘‘Corporation’’ means the
Columbia Gas Transmission Corporation.
(2) 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.
(3) RECREATION AREA.—The term ‘‘Recreation Area’’ means
the Delaware Water Gap National Recreation Area in the
Commonwealth of Pennsylvania.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) SUPERINTENDENT.—The term ‘‘Superintendent’’ means
the Superintendent of the Recreation Area.
SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE.
(a) IN GENERAL.—The Secretary may enter into an agreement
with the Corporation to grant to the Corporation an easement
to enlarge the diameter of the pipeline from 14 inches to not
more than 20 inches.
(b) TERMS AND CONDITIONS.—The easement authorized under
subsection (a) shall—
(1) be consistent with—
(A) the recreational values of the Recreation Area;
and
(B) protection of the resources of the Recreation Area;
(2) include provisions for the protection of resources in
the Recreation Area that ensure that only the minimum and
16 USC 461 note.
Delaware Water
Gap National
Recreation Area
Improvement
Act.
Dec. 30, 2005
[S. 1310]
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119 STAT. 2947
PUBLIC LAW 109–156—DEC. 30, 2005
necessary amount of disturbance, as determined by the Sec-
retary, shall occur during the construction or maintenance of
the enlarged pipeline;
(3) be consistent with the laws (including regulations) and
policies applicable to units of the National Park System; and
(4) be subject to any other terms and conditions that the
Secretary determines to be necessary;
(c) PERMITS.—
(1) IN GENERAL.—The Superintendent may issue a permit
to the Corporation for the use of the Recreation Area in accord-
ance with subsection (b) for the temporary construction and
staging areas required for the construction of the enlarged
pipeline.
(2) PRIOR TO ISSUANCE.—The easement authorized under
subsection (a) and the permit authorized under paragraph (1)
shall require that before the Superintendent issues a permit
for any clearing or construction, the Corporation shall—
(A) consult with the Superintendent;
(B) identify natural and cultural resources of the Recre-
ation Area that may be damaged or lost because of the
clearing or construction; and
(C) submit to the Superintendent for approval a res-
toration and mitigation plan that—
(i) describes how the land subject to the easement
will be maintained; and
(ii) includes a schedule for, and description of,
the specific activities to be carried out by the Corpora-
tion to mitigate the damages or losses to, or restore,
the natural and cultural resources of the Recreation
Area identified under subparagraph (B).
(d) PIPELINE REPLACEMENT REQUIREMENTS.—The enlargement
of the pipeline authorized under subsection (a) shall be considered
to meet the pipeline replacement requirements required by the
Research and Special Programs Administration of the Department
of Transportation (CPF No. 1–2002–1004–H).
(e) FERC CONSULTATION.—The Corporation shall comply with
all other requirements for certification by the Federal Energy Regu-
latory Commission that are necessary to permit the increase in
pipeline size.
(f) LIMITATION.—The Secretary shall not grant any additional
increases in the diameter of, or easements for, the pipeline within
the boundary of the Recreation Area after the date of enactment
of this Act.
(g) EFFECT ON RIGHT-OF-WAY EASEMENT.—Nothing in this Act
increases the 50-foot right-of-way easement for the pipeline.
(h) PENALTIES.—On request of the Secretary, the Attorney Gen-
eral may bring a civil action against the Corporation in United
States district court to recover damages and response costs under
Public Law 101–337 (16 U.S.C. 19jj et seq.) or any other applicable
law if—
(1) the Corporation—
(A) violates a provision of—
(i) an easement authorized under subsection (a);
or
(ii) a permit issued under subsection (c); or
Certification.
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119 STAT. 2948
PUBLIC LAW 109–156—DEC. 30, 2005
LEGISLATIVE HISTORY—S. 1310 (H.R. 3124):
HOUSE REPORTS: No. 109–334 accompanying H.R. 3124 (Comm. on Resources).
SENATE REPORTS: No. 109–194 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
Dec. 16, considered and passed Senate.
Dec. 18, considered and passed House.
(B) fails to submit or timely implement a restoration
and mitigation plan approved under subsection (c)(2)(C);
and
(2) the violation or failure destroys, results in the loss
of, or injures any park system resource (as defined in section
1 of Public Law 101–337 (16 U.S.C. 19jj)).
SEC. 4. USE OF CERTAIN ROADS WITHIN DELAWARE WATER GAP.
Section 702 of Division I of the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104–333; 110 Stat.
4185) is amended—
(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
(2) in subsection (c)—
(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
(B) in paragraph (2)—
(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
(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. 5. TERMINATION OF NATIONAL PARK SYSTEM ADVISORY BOARD.
Effective on January 1, 2006, section 3(f) of the Act of August
21, 1935 (16 U.S.C. 463(f)) is amended in the first sentence by
striking ‘‘2006’’ and inserting ‘‘2007’’.
Approved December 30, 2005.
16 USC 463 note.
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