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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.
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IN THE HOUSE OF REPRESENTATIVES
November 16, 2004
Mr. Sherwood introduced the following bill; which was referred to the
Committee on Resources
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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.
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 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. 16414.
(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, for no consideration, 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 expanded 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)).
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