H. R. 2606
IN THE HOUSE OF REPRESENTATIVES
July 21, 2011
Mr. Grimm (for himself and Mr. Meeks) introduced the following bill; which was referred to the Committee on Natural Resources
To authorize the Secretary of the Interior to allow the construction and operation of natural gas pipeline facilities in the Gateway National Recreation Area, and for other purposes.
This Act may be cited as the
New York City Natural Gas Supply
In this Act:
Natural gas pipeline facilities
The term natural gas pipeline facilities includes pipe and related equipment necessary for the transmission and distribution of natural gas, such as meters, heating, and pressure-regulating devices used in the transportation of natural gas.
The term permit means any permit, easement, right-of-way, and any other authorization necessary to allow the construction and operation of natural gas pipeline facilities in the Gateway National Recreation Area.
The term lease refers to an agreement that authorizes the occupancy and use of the designated premises for natural gas pipeline facilities.
The term person refers to an entity holding a permit or lease issued under this statute.
The term Secretary means the Secretary of the Department of the Interior.
Permitting instruments for natural gas pipeline facilities
The Secretary may issue permits to allow the planning, construction, operation, and maintenance of natural gas pipeline facilities in the Gateway National Recreation Area. Any right-of-way issued shall be consistent with the laws and regulations generally applicable to utility rights-of-way within units of the National Park System.
Terms and Conditions
Permit issued under this section shall be subject to such terms and conditions the Secretary determines to be appropriate for the construction and operation of the natural gas pipeline facilities to the extent that such terms and conditions do not conflict with State or Federal laws or regulations.
The fee for any permit issued under this section shall be based on the fair market value of the rights granted in such permit.
At request of the Secretary, the Attorney General may bring a civil action against any person holding a permit issued pursuant to this section as applicable in the United States district court to recover damages and response costs under Public Law 101–337 (16 U.S.C. 19jj) or any other applicable law in the event that—
the person fails to comply with a provision of a permit issued under this section; and
the failure destroys, results in the loss of, or injures any park system resources (as defined in section 1 of Public Law 101–337 (16 U.S.C. 19jj)).
The Secretary may enter into a lease agreement to allow the occupancy and use of an aircraft hanger building on Floyd Bennett Field to house facilities associated with the operation of natural gas pipeline facilities. Such lease agreement—
shall not be subject to the limitations set forth in sections 18.6, 18.7, 18.8, 18.9, and 18.10 of title 36, Code of Federal Regulations;
shall provide for the restoration and maintenance of such building and an appropriate payment representing fair market value for use of the property; and
may provide for penalties for violations of the lease agreement or for damage to the Gateway National Recreation Area.
Rent proceeds and other fees generated in connection with a lease agreement entered into under section 4 shall be deposited in a special account dedicated solely for use in the Gateway National Recreation Area, without restriction, and shall not be subject to the limitations set forth in section 3 of Public Law 91–383 (16 U.S.C. 1a–2(k)(5)) and section 111 of Public Law 89–665 (16 U.S.C. 470h–3).