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H.R. 2606 (112th): New York City Natural Gas Supply Enhancement Act


The text of the bill below is as of Jul 21, 2011 (Introduced).


I

112th CONGRESS

1st Session

H. R. 2606

IN THE HOUSE OF REPRESENTATIVES

July 21, 2011

(for himself and Mr. Meeks) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

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.

1.

Short title

This Act may be cited as the New York City Natural Gas Supply Enhancement Act.

2.

Definitions

In this Act:

(1)

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.

(2)

Permit

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.

(3)

Lease

The term lease refers to an agreement that authorizes the occupancy and use of the designated premises for natural gas pipeline facilities.

(4)

Person

The term person refers to an entity holding a permit or lease issued under this statute.

(5)

Secretary

The term Secretary means the Secretary of the Department of the Interior.

3.

Permitting instruments for natural gas pipeline facilities

(a)

In General

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.

(b)

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.

(c)

Permits

(1)

Fees

The fee for any permit issued under this section shall be based on the fair market value of the rights granted in such permit.

(2)

Penalties

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—

(A)

the person fails to comply with a provision of a permit issued under this section; and

(B)

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)).

4.

Lease agreement

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—

(1)

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;

(2)

shall provide for the restoration and maintenance of such building and an appropriate payment representing fair market value for use of the property; and

(3)

may provide for penalties for violations of the lease agreement or for damage to the Gateway National Recreation Area.

5.

Fees

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).