[Senate Report 109-41]
[From the U.S. Government Publishing Office]
Calendar No. 57
109th Congress Report
SENATE
1st Session 109-41
======================================================================
NEW JERSEY COASTAL HERITAGE TRAIL ROUTE APPROPRIATIONS ACT
_______
March 17, 2005.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 48]
The Committee on Energy and Natural Resources, to which was
referred the bill, S. 48, to reauthorize appropriations for the
New Jersey Coastal Heritage Trail Route, and for other
purposes, having considered the same, reports favorably thereon
with amendments and recommends that the bill, as amended, do
pass.
The amendments are as follows:
1. Beginning on page 1, strike line 6 and all that follows
through page 2, line 5, and insert the following:
``(a) Reauthorization.--Public Law 100-515 (16 U.S.C. 1244
note) is amended by striking section 6 and inserting the
following:
`SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General.--There are authorized to be appropriated
to the Secretary such sums as are necessary to carry out this
Act.
`(b) Use of Funds.--
`(1) In general.--Amounts made available under
subsection (a) shall be used only for--
`(A) technical assistance; and
`(B) the design and fabrication of
interpretive materials, devices, and signs.
`(2) Limitations.--No funds made available under
subsection (a) shall be used for--
`(A) operation, repair, or construction
costs, except for the costs of constructing
interpretive exhibits; or
`(B) operation, maintenance, or repair costs
for any road or related structure.
`(3) Cost-sharing requirement.--
`(A) Federal share.--The Federal share of any
project carried out with amounts made available
under subsection (a)--
`(i) may not exceed 50 percent of the
total project costs; and
`(ii) shall be provided on a matching
basis.
`(B) Form of non-federal share.--The non-
Federal share of carrying out a project with
amounts made available under subsection (a) may
be in the form of cash, materials, or in-kind
services, the value of which shall be
determined by the Secretary.
`(c) Termination of Authority.--The authorities provided to
the Secretary under this Act shall terminate on September 30,
2007.'.''
2. On page 2, line 7, strike ``2'' and insert ``3''.
3. On page 2, line 8, strike ``of enactment of this Act''
and insert ``on which funds are made available''.
Purpose of the Measure
As ordered reported, the purpose of S. 48 is to authorize
appropriations for the New Jersey Coastal Heritage Trail,
through September 2007.
Background and Need
In 1988 the Congress enacted Public Law 100-515 authorizing
the New Jersey Coastal Heritage Route. That Act authorized a
route that links nationally significant natural and cultural
sites and internationally significant habitats for migratory
birds along the coastal areas of New Jersey. The New Jersey
Coastal Heritage Trail (Heritage Trail) runs south for 300
miles from Perth Amboy along the Atlantic Ocean to Cape May and
then west along the Delaware Bay to the Delaware Memorial
Bridge. The trail is currently operated as an affiliated area
of the National Park Service, which provides technical
assistance to the State of New Jersey and various private and
community-based organizations. Non-Federal funds provide at
least fifty percent of the funding for the Heritage Trail and
no Federal funds are used for the operation, maintenance or
repair of any road structure.
Three of the five theme routes proposed for the Heritage
Route are currently open. They showcase aspects of New Jersey
coastal life such as maritime history, wildlife migration and
coastal wildlife habitats. The two remaining trails are based
on the themes of historic settlements and inspiration and are
under development. Overall, sixty destinations are linked under
the five interpretive themes.
Several other projects are also planned to enhance the
coastal trail. These projects include: construction of a New
Jersey State Park facility on the trail at Double Trouble State
Park, continuing construction on the Welcome Center at Sandy
Hook and construction of a Welcome Center in the Absecon
region; and the development of interpretive media, including
brochures, videos and exhibits.
S. 48 would increase the current authorization for
appropriation from $4 million to $8 million. The bill would
also extend the deadline for the completion of the project from
May 2004 until May 2010. Under S. 48, the National Park Service
would be required to complete a strategic plan for the long
term maintenance of the coastal route. Finally the bill would
increase the advisory role of the National Park Service to
include the authority to award grants to the Heritage Trail.
Legislative History
S. 48 was introduced by Senators Lautenberg and Corzine on
February 16, 2005. During the 108th Congress, the Committee
considered identical legislation, S. 2142, also sponsored by
Senators Lautenberg and Corzine. The Subcommittee on National
Parks held a hearing on S. 2142 on July 15, 2004. At the
business meeting on September 15, 2004, the Committee on Energy
and Natural Resources ordered S. 2142 favorably reported (S.
Rept. 108-366), with amendments. S. 2142 passed the Senate, as
amended, by unanimous consent on October 10, 2004. The House of
Representatives did not consider the bill prior to the sine die
adjournment of the 108th Congress.
Language to reauthorize appropriations for the New Jersey
Coastal Heritage Trail Route was included as Title IV of H.R.
4492, a bill addressing several National Heritage Areas. H.R.
4492 was passed by The House of Representatives on July 19,
2004, but was not considered in the Senate.
Similar language was also included as a House amendment to
S. 1521, a bill authorizing a land conveyance in Nevada. The
amended bill, which addressed several heritage areas, was
passed by the House on October 4, 2004. The Senate concurred in
the House amendment with additional amendments (the New Jersey
Coastal Heritage Trail route provision was not affected) on
December 7, 2004. However, the House did not take any further
action on the Senate amendment.
At its business meeting on February 16, 2005, the Committee
on Energy and Natural Resources ordered S. 48 favorably
reported, with amendments.
Committee Amendments
During its consideration of S. 48, the Committee adopted
three clarifying amendments. Amendment #1 amends Section 6 of
the route's enabling Act (Public Law 100-515) to authorize the
appropriations of such sums as are necessary through September
30, 2007.
The other two amendments direct the Secretary of the
Interior to prepare a strategic plan for the route within 3
years after the date funds are made available instead of the 2
years specified in the bill as introduced.
Committee Recommendation
The Committee on Energy and Natural Resources, in an open
business session on February 16, 2005, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
48, as described herein.
Section-by-Section Analysis
Section 1(a) amends section 6 of Public Law 100-515 (16
U.S.C. 1244 note) to authorize the appropriation of such sums
as may be necessary to carry out the Act. The previous
appropriation ceiling was $4 million. The rest of the section
restates existing provisions in Section 6, except that the
authorities provided to the Secretary of the Interior under
this section terminate on September 30, 2007.
Subsection (b) requires that the Secretary of the Interior
prepare a strategic plan for the Heritage Route not later than
3 years after the date funds are made available.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested, but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred
incarrying out S. 48.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 48.
Executive Communications
During the 108th Congress, the Committee considered similar
legislation, S. 2567. The views of the Administration on S.
2567 were included in testimony received by the Committee at a
hearing on the bill on September 15, 2004, as follows:
Statement of A. Durand Jones, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 2142, a bill to authorize appropriations for
the New Jersey Coastal Heritage Trail Route and for other
purposes. The Department supports the bill if amended to strike
the new grant making authority and if the Secretary prepares
the strategic plan in partnership with the State. Funding for
the trail for fiscal year 2005 is included within the
President's Budget, pending reauthorization of the trail.
S. 2142 has four main objectives. First, it would extend
the authority for National Park Service participation in the
New Jersey Coastal Heritage Trail Route for five years from May
2004 to May 2009. Second, it would increase the appropriations
authorized for the trail from $4 million to $8 million. Third,
it would require a strategic plan to be completed within four
years that both describes opportunities to increase
participation by national and local private and public
interests in the planning, development, and administration of
the New Jersey Coastal Heritage Trail Route and that outlines
organizational options for sustaining the trail. Finally, it
authorizes the Secretary to provide grants, subject to the
availability of appropriations, to partners managing designated
trail designations.
The Department is opposed to the grant making authority
provision contained in S. 2142. We cannot support this new
Federal funding commitment at a time when we are trying to
focus our available resources on taking care of existing
National Park Service responsibilities. In addition, projects
within the region may qualify for current competitive grant
programs such as the Land and Water Conservation Fund; Save
America's Treasures; Rivers, Trails and Conservation Assistance
program; and the newly proposed Preserve America initiative.
The strategic plan authorized in S. 2142 could be an
important tool to help the trail develop a long-term management
strategy that includes creating a self-sustaining funding
mechanism that does not depend indefinitely on operational
funding from the National Park Service. We would recommend that
the bill be amended to require this strategic plan to be done
in partnership with the State.
Reauthorization of the trail would enable the National Park
Service to complete implementation of the trail plan, as
supported by the public and our partners in the Implementation
Guide, a blueprint for overall trail development. Without
additional time and funding, the New Jersey Coastal Heritage
Trail Route will be left incomplete. Commitments to trail
partners would go unfulfilled, and many additional natural and
cultural resources would not receive the partnership assistance
leveraged by the trail that supports public awareness and
stewardship through this program. Implementation of the plan is
also critical in building a base of sustainable partners and
developing a strategy for the long-term management of the
trail.
The Act of October 20, 1988, as amended in 1994 and 1999,
authorized the Secretary to designate a vehicular tour route in
coastal New Jersey and to prepare an inventory of sites along
the route. An interpretive program was also mandated to provide
for public appreciation, education, understanding and enjoyment
of important fish and wildlife habitats, geologic and
geographical landforms, cultural resources, and migration
routes in coastal New Jersey. The Secretary was authorized to
provide technical assistance, prepare and distribute
information, and erect signs along the route. The trail links
national wildlife refuges, national parklands, National
Historic Landmarks, and National Register sites with important
historic communities, state parks, natural areas, and other
resources to tell the story of New Jersey's role in shaping
U.S. history and in providing internationally important
habitats for bird and other migrations.
The trail, an affiliated area of the National Park System,
is a partnership among the National Park Service; the State of
New Jersey through its Department of Environmental Protection,
Commerce and Economic Growth Commission, and Pinelands
Commission; and many local government and private non-profit
partners. Through interpretation of five themes (Maritime
History, Coastal Habitats, Wildlife Migration, Relaxation &
Inspiration, and Historic Settlements), the trail brings
attention to important natural and cultural resources along
coastal New Jersey. The trail demonstrates the potential of new
public/private partnerships that allow the National Park
Service to meet its core mission of natural and cultural
resource preservation along with interpretation and public
education in a cost-efficient manner through technical
assistance while reducing operational responsibilities. No
Federal funds are used for operations, maintenance, or repair
of any road or related structure.
The trail has been authorized an appropriation of not more
than $4,000,000 to carry out its purposes during the ten years
between 1994 and May 2004. The $3.9 million in Federal support
between 1994 and 2004 included $1.2 million in development
funding and $2.3 million in National Park Service operational
support. The trail has received $1.9 million in cash grants and
$3.6 million in selected in-kind contributions and partnership
support, well exceeding the one-to-one matching requirement
established by the 1994 amendments. Since the authorization
ceiling has almost been met, the Department supports increasing
the ceiling by an additional $4 million.
The New Jersey Coastal Heritage Trail Route has special
value to the National Park Service. With over 10 years of
experience behind it, it serves as a model for successful
partnerships among the Federal government, state and local
governments, and partner organizations. Instead of traditional
Federal ownership, the Trail uses technical assistance through
interpretation as the protection strategy for the resources
along the 300 miles of New Jersey coastline where people
continue to live and work. Land ownership and day-to-day
operations remain with the partner organizations and agencies.
It is an example of an integrated system of local, state, and
Federal partnership cooperation with people working on a state-
wide level to promote preservation and stewardship of resources
as well as economic development strategies. It is an excellent
example of the ``seamless network of parks'' strategy
encouraged by the Department. The costs are very modest when
compared to the management expense of national park units.
For example, the Delsea Region Welcome Center for the trail
is located at Fort Mott State Park. The State contributed
workspace, rehabilitated the building, assisted with exhibit
development, and has operated and staffed the facility since it
opened in 1993. The National Park Service assisted by
developing exhibits for both the park and for the trail, and by
preparing an audio-visual orientation program. Attendance at
Fort Mott has nearly quadrupled since becoming a trail
destination and Welcome Center.
The trail produces brochures and a web page that provide
national visibility to destinations and resources that might
otherwise be overlooked. Over sixty destinations are linked
under the five interpretive themes. All trail destinations
provide their own management, staffing, and public programs.
The trail supports ecotourism and heritage tourism initiatives
in New Jersey where tourism is the second largest employer,
creating over 400,000 jobs in 2003 and bringing in $26 billion
in tourism- related expenditures. Last year over 50 million
visits were made to the New Jersey shore regions--a huge
audience for the awareness, preservation, and stewardship
message of the trail. Millions of visitors go to the New Jersey
Shore to enjoy the beaches in the summer. The trail not only
provides rainy day alternatives for tourists, but it also
extends the summer season and provides additional year-round
opportunities for both residents and visitors who visit the
Jersey Shore on an annual basis.
The trail has also supported cutting edge environmental and
migratory habitat research through two National Park Foundation
grant projects in partnership with New Jersey Audubon using
Doppler radar and acoustic sound recordings to track nighttime
songbird migration through New Jersey. This is critical as New
Jersey lies along the migratory Atlantic Flyway, and the
Delaware Bayshore region of New Jersey is designated as a
Ramsar Treaty Wetland of International Importance component of
the Western Hemisphere Shorebird Reserve Network, and a site in
the Nature Conservancy's Last Great Places Program.
Mr. Chairman, thank you for the opportunity to comment.
This concludes my prepared remarks, and I will be happy to
answer any questions you or other committee members might have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 48, as ordered reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Public Law 100-515, 100th Congress
AN ACT To provide for the establishment of the Coastal Heritage Trail
Route in the State of New Jersey, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled.
* * * * * * *
[(a) Reauthorization.--Section 6 of Public Law 100-5-5 (16
U.S.C. 1244 note) is amended--
[(1) in subsection (b)(1), by striking ``$4,000,000
and all that follows and inserting ``such sums as are
necessary'', and
[(2) in subsection (c), by striking ``10'' and
inserting ``12''.]
(a) Reauthorization.--Public Law 100-515 (16 U.S.C. 1244
note) is amended by striking section 6 and inserting the
following:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to the Secretary such sums as are necessary to carry out this
Act.
``(b) Use of Funds.--
``(1) In general.--Amounts made available under
subsection (a) shall be used only for--
``(A) technical assistance; and
``(B) the design and fabrication of
interpretive materials, devices, and signs.
``(2) Limitations.--No funds made available under
subsection (a) shall be used for--
``(A) operation, repair, or construction
costs, except for the costs of constructing
interpretive exhibits; or
``(B) operation, maintenance, or repair costs
for any road or related structure.
``(3) Cost-sharing requirement.--
``(A) Federal share.--The Federal share of
any project carried out with amounts made
available under subsection (a)--
``(i) may not exceed 50 percent of
the total project costs; and
``(ii) shall be provided on a
matching basis.
``(B) Form of non-federal share.--The non-
Federal share of carrying out a project with
amounts made available under subsection (a) may
be in the form of cash, materials, or in-kind
services, the value of which shall be
determined by the Secretary.
``(c) Termination of Authority.--The authorities provided
to the Secretary under this Act shall terminate on September
30, 2007.''.
(b) Strategic Plan.--
(1) In general.--Not later than [2] 3 years after the
date [of enactment of this Act] on which funds are made
available, the Secretary of the Interior shall prepare
a strategic plan for the New Jersey Coastal Heritage
Trail Route.
(2) Contents.--The strategic plan shall describe--
(A) opportunities to increase participation
by national and local private and public
interests in the planning, development, and
administration of the New Jersey Coastal
Heritage Trail Route; and
(B) organizational options for sustaining the
New Jersey Coastal Heritage Trail Route.