[House Report 109-334]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-334
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DELAWARE WATER GAP NATIONAL RECREATION AREA NATURAL GAS PIPELINE
ENLARGEMENT ACT
_______
December 12, 2005.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3124]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3124) 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, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware Water Gap National Recreation
Area Natural Gas Pipeline Enlargement 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 necessary
amount of disturbance, as determined by the Secretary, 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 accordance
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
Recreation Area that may be damaged or lost because of
the clearing or construction; and
(C) submit to the Superintendent for approval a
restoration 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 Corporation 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 Regulatory
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 General 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
(B) fails to submit or timely implement a restoration
and mitigation plan approved under subsection (c)(3);
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)).
PURPOSE OF THE BILL
The purpose of H.R. 3124 is to authorize the Secretary of
the Interior to allow the Columbia Gas Transmission Corporation
to increase the diameter of its natural gas pipeline located
within the Delaware Water Gap National Recreation Area.
BACKGROUND AND NEED FOR LEGISLATION
Columbia Gas Transmission Corporation (Columbia) is one of
the primary interstate pipeline suppliers in Pennsylvania. In
1947, Columbia installed a 14-inch diameter pipeline known as
Line 1278 in then rural areas of Pike, Northampton and Monroe
Counties in Pennsylvania. Portions of this area were included
in the Delaware Water Gap National Recreation Area, established
in 1965. The National Recreation Area is administered by the
Secretary of the Interior, acting through the National Park
Service.
Today, Line 1278 has become an important part of Columbia's
energy delivery system to key eastern markets. In 2002 and
2003, the Department of Transportation (DoT) directed Columbia
regarding Line 1278, including additional testing, additional
cathodic protection and replacement of portions of the
pipeline. DoT ordered that the replacement be completed in
2007. To comply with the DoT instructions, Columbia in December
2003 filed an application with the Federal Energy Regulatory
Commission to replace about 43 miles of the pipeline--including
3.5 miles of the line that now lie within the National
Recreation Area.
Currently, Line 1728 runs through 14 tracts under the terms
of the right-of-way (ROW) agreements obtained from private
landowners prior to the creation of the Recreation Area.
Agreements affecting 12 of the 14 tracts include language
allowing Columbia to increase the diameter of the pipeline. Two
of the agreements, representing about 890 feet of pipeline, did
not include such authorization.
The Secretary of the Interior currently lacks the authority
to enter into modification agreements for the existing ROW to
allow an increase in the diameter of Line 1278. To complete the
pipeline replacement, Columbia is requesting legislation to
authorize the Secretary of the Interior to modify existing ROW
agreements it holds with Columbia to allow an increase in the
diameter of Line 1278 from 14 inches to 20 inches.
COMMITTEE ACTION
H.R. 3124 was introduced on June 29, 2005, by Congressman
Don Sherwood (R-PA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks. On November 16, 2005, the Committee on
Resources met to consider the bill, at which time the
Subcommittee on National Parks was discharged from further
consideration of the bill by unanimous consent. Congressman
Stevan Pearce (R-NM) offered an amendment to assure that the
National Park Service maintains its authority for cost
recovery. The amendment was adopted by unanimous consent. The
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of this bill would increase offsetting receipts and
direct spending, but ``any net change in direct spending would
be negligible.''
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3124--Delaware Water Gap National Recreation Area Natural Gas
Pipeline Enlargement Act
H.R. 3124 would authorize the National Park Service (NPS)
to issue an easement and a construction permit to the Columbia
Gas Transmission Corporation. These documents would enable the
corporation to increase the diameter of a natural gas pipeline
that crosses the Delaware Water Gap National Recreation Area in
Pennsylvania.
Based on information provided by the NPS, CBO estimates
that implementing H.R. 3124 would have no significant effect on
the federal budget. We expect that the cost of providing an
easement and a construction permit to the Columbia Gas
Transmission Corporation would be less than $100,000 and would
be offset by additional administrative fees. Enacting H.R. 3124
would not affect revenues or direct spending.
The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
and would impose no costs on state, local, or tribal
governments.
On November 22, 2005, CBO transmitted a cost estimate for
S. 1310, the Delaware Water Gap National Recreation Area
Natural Gas Pipeline Enlargement Act, as ordered reported by
the Senate Committee on Energy and Natural Resources on
November 16, 2005. The two bills are very similar, as are the
cost estimates.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.