[Senate Report 110-287]
[From the U.S. Government Publishing Office]
Calendar No. 639
110th Congress Report
SENATE
2d Session 110-287
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NEW JERSEY COASTAL HERITAGE TRAIL AUTHORIZATION ACT
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1039]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1039) to extend the authorization for the
Coastal Heritage Trail in the State of New Jersey, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. EXTENSION OF AUTHORIZATION.
Section 6 of Public Law 100-515 (16 U.S.C. 1244 note) is amended as
follows:
(1) Strike paragraph (1) of subsection (b) and insert the
following new paragraph:
``(1) In general.--Amounts made available under subsection
(a) shall be used only for--
``(A) technical assistance;
``(B) the design and fabrication of interpretive
materials, devices, and signs; and
``(C) the preparation of the strategic plan.''.
(2) Paragraph (3) of subsection (b) is amended by inserting
after subparagraph (B) a new subparagraph as follows:
``(C) Notwithstanding paragraph (3)(A), funds made
available under subsection (a) for the preparation of
the strategic plan shall not require a non-Federal
match.''.
(3) Subsection (c) is amended by striking ``2007'' and
inserting ``2011''.
Purpose
The purpose of S. 1039 is to extend the authorization for
the New Jersey Coastal Heritage Route by four years, from 2007
through 2011.
Background and Need
In 1988 Congress enacted Public Law 100-515, which
authorized the Secretary of the Interior 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
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, 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.
During the 109th Congress, Public Law 109-338 was enacted
reauthorizing Federal funding for the New Jersey Coastal
Heritage Trail Route until September 30, 2007, while also
requiring a strategic plan to be prepared by the Secretary of
the Interior three years after funds are made available.
Because the sunset date has passed, an extension of authority
is necessary to allow adequate time to complete the preparation
of the strategic plan. The strategic plan is an important tool
to help the trail develop a long-term management strategy that
includes a variety of options for sustainability of the trail.
In order to carry out this provision, S. 1039 extends the
authorization for Federal funding for the trail to September
30, 2011, to match the time period for the completion and
transmittal of the strategic plan.
Legislative History
S. 1039 was introduced by Senators Lautenberg and Menendez
on March 29, 2007. The Subcommittee on National Parks held a
hearing on the bill on September 27, 2007. (S. Hrg. 110-266.)
During the 109th Congress, the Committee considered a
similar measure, S. 48, except that it extended the
authorization for Federal funding for the trail only through
September 30, 2007. S. 48 was ordered reported by the Committee
on February 16, 2005 (S. Rept. 109-41). The text of the bill
was incorporated as an amendment to S. 203, which became Public
Law 109-338.
At its business meeting on January 30, 2008, the Committee
on Energy and Natural Resources ordered S. 1039 favorably
reported, with an amendment in the nature of a substitute.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 1039, if
amended as described herein.
Committee Amendment
During its consideration of S. 1039, the Committee adopted
an amendment in the nature of a substitute. The amendment
incorporated recommendations made by the National Park Service
to authorize the Secretary of the Interior to use Federal
funding to complete the strategic plan for the New Jersey
Coastal Heritage Trail Route.
Summary of S. 1039
S. 1039 amends section 6 of Public Law 100-515 to extend
the authorization for the New Jersey Coastal Heritage Trail
Route from September 30, 2007 through September 30, 2011, and
to authorize the Secretary of the Interior to use appropriated
funds to prepare a strategic plan for the route.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1039--A bill to extend the authorization for the Coastal Heritage
Trail in the state of New Jersey
S. 1039 would reauthorize funding for the Coastal Heritage
Trail in New Jersey. Specifically, the bill would authorize the
appropriation of whatever amounts are necessary for
interpretive activities through 2011. (That authorization
expired in 2007.) Based on information provided by the National
Park Service and assuming the availability of appropriated
funds, CBO estimates that the federal government would spend $3
million over the 2009-2011 period to implement the bill. That
spending would support strategic planning and other authorized
activities for the trail. Enacting the bill would not affect
direct spending or revenues.
S. 1039 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.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
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 in
carrying out S. 1039. 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. 1039, as ordered reported.
Congressionally Directed Spending
S. 1039, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in Rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The testimony provided by the National Park Service at the
September 27, 2007 subcommittee hearing on S. 1039 follows:
Statement of Daniel N. Wenk, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the Department of the
Interior's views on S. 1039 a bill to extend the authorization
for the New Jersey Coastal Heritage Trail Route for an
additional four years.
The Department supports enactment of this bill with two
amendments.
The Act of October 20, 1988 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, 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.
Extending the authorization of the trail would enable the
National Park Service to complete implementation of the trail
plan, as supported by the public and our partners. Without
additional time and funding, the New Jersey Coastal Heritage
Trail Route will be left incomplete. 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. Additionally, commitments to trail partners would go
unfulfilled, and many additional natural and cultural resources
would not receive the partnership assistance leveraged by the
trail.
Public Law 109-338, the National Heritage Areas Act of
2006, reauthorized federal funding for the New Jersey Coastal
Heritage Trail Route until September 30, 2007, while also
requiring a strategic plan to be prepared by the Secretary
three years after funds are made available. The current sunset
date of September 30, 2007 does not provide adequate time to
complete the preparation of the strategic plan. The strategic
plan is an important tool to help the trail develop a long-term
management strategy that includes a variety of options for
sustainability of the trail. In order to carry out this
provision, the authorization for federal funding for the trail
should be extended to September 30, 2011, to match the time
period for the completion and transmittal of the strategic
plan.
The Department recommends two amendments to the bill.
First, we recommend that the long title of the bill be amended
to use the generally accepted name of the trail, which is the
New Jersey Coastal Heritage Trail Route. Second, the current
authorization of appropriations for the New Jersey Coastal
Heritage Trail Route is limited to the Secretary providing
technical assistance and funds for the design and fabrication
of interpretive materials, devices and signs. All federals
funds under the enabling legislation require a non-federal,
one-to-one match. We recommend that S. 1039 be amended to
authorize the Secretary to use federal funding to complete the
strategic plan since the current authorization does not allow
for funds to be used for this purpose.
Mr. Chairman, this concludes my testimony. I would be
pleased to answer any questions you or other members of the
committee may 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
the bill S. 1039 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
An Act To Provide for the Establishment of the Coastal Trail Route in
the State of New Jersey, and for Other Purposes
(Approved October 20, 1988)
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION OF NEW JERSEY COASTAL HERITAGE TRAIL ROUTE.
In order to provide for public appreciation, education,
understanding, and enjoyment, through a coordinated
interpretive program of certain nationally significant natural
and cultural sites associated with the coastal area of the
State of New Jersey that are accessible generally by public
road, the Secretary of the Interior (hereinafter referred to as
the ``Secretary''), acting through the Director of the National
Park Service, with the concurrence of the agency having
jurisdiction over such roads, is authorized to designate, by
publication of a map or other description thereof in the
Federal Register, a vehicular tour route along existing public
roads linking such natural and cultural sites in New Jersey.
Such route shall be known as the New Jersey Coastal Heritage
Trail Route (hereinafter referred to as the ``route'').
* * * * * * *
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.]
(1) In general.--Amounts made available under
subsection (a) shall be used only for--
(A) technical assistance;
(B) the design and fabrication of
interpretive materials, devices, and signs; and
(C) the preparation of the strategic
management plan.
(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] 2011.
* * * * * * *