H. Rept. 115-995 - TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO GRANT TO STATES AND LOCAL GOVERNMENTS EASEMENTS AND RIGHTS-OF-WAY OVER FEDERAL LAND WITHIN GATEWAY NATIONAL RECREATION AREA FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF PROJECTS FOR CONTROL AND PREVENTION OF FLOODING AND SHORELINE EROSION115th Congress (2017-2018)
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-995
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TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO GRANT TO STATES AND LOCAL
GOVERNMENTS EASEMENTS AND RIGHTS-OF-WAY OVER FEDERAL LAND WITHIN
GATEWAY NATIONAL RECREATION AREA FOR CONSTRUCTION, OPERATION, AND
MAINTENANCE OF PROJECTS FOR CONTROL AND PREVENTION OF FLOODING AND
SHORELINE EROSION
_______
October 23, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 6666]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 6666) to authorize the Secretary of the Interior
to grant to States and local governments easements and rights-
of-way over Federal land within Gateway National Recreation
Area for construction, operation, and maintenance of projects
for control and prevention of flooding and shoreline erosion,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 6666 is to authorize the Secretary of
the Interior to grant to States and local governments easements
and rights-of-way over Federal land within Gateway National
Recreation Area for construction, operation, and maintenance of
projects for control and prevention of flooding and shoreline
erosion.
Background and Need for Legislation
Hurricane Sandy was the deadliest and most destructive
hurricane of the 2012 Atlantic hurricane season.\1\ Sandy
caused $70 billion dollars in damage in the U.S. and affected
24 States, including the entire eastern seaboard.\2\ The damage
was particularly severe in New York and New Jersey where the
storm made landfall. The storm surge hit New York City on
October 29, flooding streets, tunnels and subway lines, and
cutting power around the City.\3\ Tragically, 162 individuals
lost their lives because of the storm, including 53 in New
York.\4\
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\1\``2012 Atlantic Hurricane Season.'' National Hurricane Center
Annual Summary. National Weather Service. NOAA. January 23, 2014.
https://www.nhc.noaa.gov/data/tcr/summary_atlc_2012.pdf.
\2\``FEMA Fact Sheet: Mitigation Assessment Team Results--Hurricane
Sandy.'' Federal Emergency Management Agency. DHS. https://
www.fema.gov/mat-results-hurricane-sandy.
\3\Id.
\4\``Hurricane Sandy FEMA After-Action Report'' Federal Emergency
Management Agency. DHS. July 1, 2013. https://www.fema.gov/media-
library-data/20130726-1923-25045-7442/sandy_fema_aar.pdf, ``Deaths
Associated with Hurricane Sandy.'' Morbidity and Mortality Weekly
Report. Center for Disease Control and Prevention. May 24, 2013.
https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6220a1.htm.
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The devastation was widespread in Staten Island, especially
along its southern shore where residences, businesses, cars,
and other property were heavily damaged. Whole blocks of houses
were swept away by the storm surge in the communities of
Midland, New Dorp, and Oakland Beach. Considerable damage also
occurred to the borough's electrical grid, rail, and ferry
operations.\5\ The damage was so severe that media reports
referred to it as Ground Zero for damage in New York City, and
at least 21 people died in Staten Island from the storm
surge.\6\
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\5\``Tropical Cyclone Report: Hurricane Sandy.'' National Hurricane
Center. February 12, 2013. https://www.nhc.noaa.gov/data/tcr/
AL182012_Sandy.pdf.
\6\Id.
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In the aftermath of the hurricane, and in response to
Public Law 113-2, the Army Corps of Engineers completed a
Coastal Storm Risk Management Plan for the south shore of
Staten Island.\7\ The planned project calls for the
construction of a 5.3-mile line of protection consisting of
levees, floodwalls, and a buried seawall supplemented by
drainage improvements including excavated ponds, road raisings,
new tide gates, and culvert structures.\8\ The infrastructure
will serve as the first line of defense against severe coastal
surge flooding and wave forces, providing protection for 30,000
people and over 7,300 structures.\9\ The seawall will not only
save lives but will allow for flood insurance relief for area
residents.\10\
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\7\Public Law 113-2. Disaster Relief Appropriations Act, 2013.
113th Congress. January 29, 2013. https://www.congress.gov/113/plaws/
publ2/PLAW-113publ2.pdf.
\8\``South Shore of Staten Island, New York Coastal Storm Risk
Management Final Feasibility Study for Fort Wadsworth to Oakwood
Beach.'' U.S. Army Corps of Engineers New York District and New York
State Department of Environmental Conservation. December 2016. http://
www.nan.usace.army.mil/Missions/Civil-Works/Projects-in-New-York/South-
Shore-of-Staten-Island/.
\9\Id.
\10\Letter from Congressman Daniel M. Donovan, Jr. to the Honorable
Ryan K. Zinke, Secretary of the Interior. Dated August 31, 2018.
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The seawall and levees will traverse both private and
public land. The project will intersect 1,742 feet of shoreline
within the boundary of Gateway National Recreation Area,
federal land managed by the National Park Service.\11\
According to the project report, both the Army Corps of
Engineers and the National Park Service understand that this
project is necessary for the protection of the adjacent
communities and have worked cooperatively to develop an
alternative that is mutually acceptable to meet the project
objectives and minimize adverse impacts on Park resources.\12\
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\11\``South Shore of Staten Island, New York Coastal Storm Risk
Management Final Feasibility Study for Fort Wadsworth to Oakwood
Beach.'' U.S. Army Corps of Engineers New York District and New York
State Department of Environmental Conservation. December 2016. http://
www.nan.usace.army.mil/Missions/Civil-Works/Projects-in-New-York/South-
Shore-of-Staten-Island/.
\12\Id.
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H.R. 6666 authorizes the Secretary of the Interior to issue
an easement across the Gateway National Recreation Area for
construction and placement of the seawall. Construction costs
of the seawall and related infrastructure will be shared by
both non-federal and federal partners. Once completed, the
State of New York will be responsible for the operation,
maintenance and repair of the seawall.
Committee Action
H.R. 6666 was introduced on August 10, 2018, by Congressman
Daniel M. Donovan, Jr. (R-NY). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Federal Lands. On September 26, 2018, the
Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. No amendments
were offered, and the bill 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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 17, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6666, a bill to
authorize the Secretary of the Interior to grant to States and
local government easements and rights-of-way over Federal land
within Gateway National Recreation Area for construction,
operation, and maintenance of projects for control and
prevention of flooding and shoreline erosion.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jacob Fabian.
Sincerely,
Mark P. Hadley
(For Keith Hall, Director).
Enclosure.
H.R. 6666--A bill to authorize the Secretary of the Interior to grant
to States and local governments easements and rights-of-way
over Federal land within Gateway National Recreation Area for
construction, operation, and maintenance of projects for
control and prevention of flooding and shoreline erosion
H.R. 6666 would authorize the Secretary of the Interior to
issue easements or rights-of-way over federal land within the
Gateway National Recreation Area to state and local governments
for the construction, operation and maintenance of projects
necessary to prevent flooding and shoreline erosion.
Additionally, the bill would allow the National Park Service
(NPS) to accept reimbursements for the costs of processing
applications for easements and rights-of-way.
Using information from the NPS, CBO estimates that
implementing H.R. 6666 would increase costs for issuing rights-
of-way permits and offsetting collections, which are treated as
reductions in discretionary spending, leading to an
insignificant net cost over the 2019-2023 period.
Enacting H.R. 6666 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 6666 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 6666 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jacob Fabian.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required
by clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior to grant to States and local governments easements and
rights-of-way over Federal land within Gateway National
Recreation Area for construction, operation, and maintenance of
projects for control and prevention of flooding and shoreline
erosion.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
GATEWAY NATIONAL RECREATION AREA ACT
(Public Law 92-592)
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Sec. 3 (a) The Secretary shall administer the recreation area
in accordance with the provisions of the Act of August 25,1916
(39 Stat. 535; 16 U.S.C. 1, 2-4), as amended and supplemented.
In the administration of the recreation area the Secretary may
utilize such statutory authority available to him for the
conservation and management of wildlife and natural resources
as he deems appropriate to carry out the purposes of this Act:
Provided, That the Secretary shall administer and protect the
islands and waters within the Jamaica Bay Unit with the primary
aim of conserving the natural resources, fish, and wildlife
located therein and shall permit no development or use of this
area which is incompatible with this purpose.
(b)(1) The Secretary shall designate the principal visitor
center within the recreation area as the ``William Fitts Ryan
Visitor Center'' in commemoration of the leadership and
contributions which Representative William Fitts Ryan made with
respect to the creation and establishment of this public
recreation area. To inform the public of the contributions of
Representative Ryan to the creation of the recreation area, the
Secretary shall provide such signs, markers, maps, interpretive
materials, literature, and programs as he deems appropriate.
Not later than December 31, 1980, the Secretary shall take such
additional actions as he deems appropriate to recognize and
commemorate the contributions of Representative Ryan to the
recreation area.
(2) The portion of the Staten Island Unit of the recreation
area known as Miller Field is hereby designated as ``World War
Veterans Park at Miller Field''. Any reference to such Miller
Field in any law, regulation, map, document, record, or other
paper of the United States shall be considered to be a
reference to ``World War Veterans Park at Miller Field''.
(c) The Secretary is authorized to enter into cooperative
agreements with the States of New York and New Jersey, or any
political subdivision thereof, for the rendering, on a
reimbursable basis, of rescue, firefighting, and law
enforcement services and cooperative assistance by nearby law
enforcement and fire preventive agencies.
(d) The authority of the Secretary of the Army to undertake
or contribute to water resource developments, including shore
erosion control, beach protection, and navigation improvements
(including the deepening of the shipping channel from the
Atlantic Ocean to the New York harbor) on land and/or waters
within the recreation area shall be exercised in accordance
with plans which are mutually acceptable to the Secretary of
the Interior and the Secretary of the Army and which are
consistent with both the purpose of this Act and the purpose of
existing statutes dealing with water and related land resource
development.
(e) The authority of the Secretary of Transportation to
maintain and operate existing airwav facilities and to install
necessary new facilities within the recreation area shall be
exercised in accordance with plans which are mutually
acceptable to the Secretary of the Interior and the Secretary
of Transportation and which are consistent with both the
purpose of this Act and the purpose of existing statutes
dealing with the establishment, maintenance, and operation of
airway facilities: Provided, That nothing in this section shall
authorize the expansion of airport runways into Jamaica Bay or
air facilities at Floyd Bennett Field.
(f) The Secretary shall permit hunting, fishing,
shellfishing, trapping, and the taking of specimens on the
lands and waters under his jurisdiction within the Gateway
National Recreation Area in accordance with the applicable laws
of the United States and the bas of the States of New York and
New Jersey and political subdivisions thereof, except that the
Secretary may designate zones where and establish periods when
these activities may not be permitted for reasons of public
safety, administration, fish or wildlife management, or public
use and enjoyment.
(g) In the Sandy Hook and Staten Island Units, the Secretary
shall inventory and evaluate all sites and structures having
present and potential historical, cultural, or architectural
significance and shall provide for appropriate programs for the
preservation, restoration, interpretation, and utilization of
them.
(h) Notwithstanding any other provision of law. the Secretary
is authorized to accept donations of funds from individuals,
foundations, or corporations for the purpose of providing
services and facilities which he deems consistent with the
purposes of this Act.
(i) Notwithstanding the provisions of subsection (a) of this
section, the United States hereby conveys to the city of New
York all rights to the methane gas and associated byproducts
resulting from solid waste decomposition on the area within the
Jamaica Bay Unit known as the Fountain Avenue Landfill site,
subject to payments to the United States of 50 per centum of
the revenue received by the city of New York, if any, from the
development of such rights. The Secretary shall grant to the
City, its lessee or assignee, all rights-of-way and other
permits necessary from the Department of the Interior to
extract and transport the gas from the site: Provided, That the
rights-of-way and other permits shall provide for reasonable
restoration of the site, including removal of any processing or
storage facilities used in the disposal, development, or
extraction of the gas, access by the Secretary to the site for
safety and other recreation area purposes, and such other
reasonable conditions as the Secretary deems necessary to
further purposes of the recreation area. All such payments to
the United States shall be credited to the appropriations of
the National Park Service for the development and improvement
of Gateway National Recreation Area.
(j) Authority to Grant Easements and Rights-of-way.--
(1) In general.--The Secretary of the Interior may
grant, to any State or local government, an easement or
right-of-way over Federal lands within Gateway National
Recreation Area for construction, operation, and
maintenance of projects for control and prevention of
flooding and shoreline erosion.
(2) Charges and reimbursement of costs.--The
Secretary may grant such an easement or right-of-way
without charge for the value of the right so conveyed,
except for reimbursement of costs incurred by the
United States for processing the application therefore
and managing such right. Amounts received as such
reimbursement shall be credited to the relevant
appropriation account.
* * * * * * *