[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1508 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1508

  To provide for the reformation of the National Park System, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 29, 1993

  Mr. Hefley (for himself, Mr. Gallegly, Mr. Young of Alaska, and Mr. 
   Duncan) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the reformation of the National Park System, and for 
                            other purposes.

    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 ``National Park System Reformation 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the National Park Service was created in 1916 and is 
        charged by Congress to provide for protection and management of 
        nationally significant natural, cultural, and recreational 
        resources throughout the country;
            (2) the National Park System has now expanded to 
        incorporate over 360 diverse units and is continuing to expand;
            (3) in the 75 years since the National Park System was 
        established, certain units have been added to the System which 
        have resulted in permanent financial commitments on behalf of 
        the Federal Government for areas which lack national 
        significance, suitability, or feasibility and diverting funds 
        from deserving units of the National Park System;
            (4) while the National Park Service has completed a number 
        of broad natural and cultural theme studies as well as numerous 
        site-specific studies, it has no systematic plan or program to 
        ensure that the most important areas are considered for 
        addition to the National Park System; and
            (5) in addition to refinement of the National Park System, 
        there exists a serious need to strengthen National Park Service 
        programs with respect to providing assistance in the management 
        of natural, cultural, and recreational resources which do not 
        belong in the National Park System.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the National Park System 
        Strategic Planning Commission established by section 101.
            (2) The term ``Secretary'' means the Secretary of the 
        Interior.

  TITLE I--DEVELOPMENT OF A COMPREHENSIVE PLAN FOR THE FUTURE OF THE 
                          NATIONAL PARK SYSTEM

SEC. 101. NATIONAL PARK SYSTEM STRATEGIC PLANNING COMMISSION.

    (a) Establishment.--There is hereby established the National Park 
System Strategic Planning Commission whose purpose shall be to develop 
a long-term plan to outline a direction for the National Park System.
    (b) Members.--The Commission shall consist of 13 members appointed 
by the Secretary based on consultation with constituencies representing 
each of the areas of expertise referred to in paragraphs (1) through 
(12). Each of the Commission members shall have substantial experience 
in the member's area of expertise and understanding of the National 
Park System and shall be free of economic conflict of interest in terms 
of employment or other economic benefit which the member would expect 
to receive solely by virtue of the member's service on the Commission. 
Of the members of the Commission--
            (1) one shall be a recognized expert in botany;
            (2) one shall be a recognized expert in wildlife ecology;
            (3) one shall be a recognized expert in the field of 
        natural systems;
            (4) one shall be a recognized expert in geomorphology;
            (5) one shall be a recognized expert in American history;
            (6) one shall be a recognized expert in archaeology;
            (7) one shall be a recognized expert in historical 
        architecture;
            (8) one shall be a recognized expert in anthropology;
            (9) one shall be a recognized expert in social science with 
        expertise in outdoor recreation;
            (10) one shall be a recognized expert in protection of 
        private property rights;
            (11) one shall be a representative of a national 
        conservation group;
            (12) one shall be a representative of park recreational 
        users; and
            (13) one shall be the Director of the National Park 
        Service, ex officio.
    (c) Chair.--The Commission shall elect a chair from among its 
members.
    (d) Vacancies.--Vacancies occurring on the Commission shall not 
affect the authority of the remaining members of the Commission to 
carry out the functions of the Commission. Any vacancy in the 
Commission shall be promptly filled in the same manner in which the 
original appointment was made.
    (e) Quorum.--A simple majority of Commission members shall 
constitute a quorum.
    (f) Meetings.--The Commission shall meet at least quarterly or upon 
the call of the chair or a majority of the members of the Commission.
    (g) Compensation.--Members of the Commission shall serve without 
compensation as such. Members of the Commission, when engaged in 
official Commission business, shall be entitled to travel expenses, 
including per diem in lieu of subsistence, in the same manner as 
persons employed intermittently in government service under section 
5703 of title 5, United States Code.
    (h) Termination.--The Commission established pursuant to this 
section shall terminate 90 days after the transmittal of the report to 
Congress as provided in section 104.

SEC. 102. STAFF OF THE COMMISSION.

    (a) Limitation on National Park Service Staff.--The Commission may 
hire staff to carry out its assigned responsibilities. Not more than 
one-half of the professional staff of the Commission shall be made up 
of current employees of the National Park Service.
    (b) Staff of Other Agencies.--Upon the request of the Commission, 
the head of any Federal agency may detail, on a reimbursable basis, any 
of the personnel of such agency to the Commission to assist the 
Commission.
    (c) Experts and Consultants.--Subject to such rules as may be 
adopted by the Commission, the Commission may procure temporary and 
intermittent services to the same extent as authorized by section 
3109(b) of title 5, United States Code, but at rates determined by the 
Commission to be advisable.

SEC. 103. POWERS OF THE COMMISSION.

    (a) In General.--The Commission shall for the purpose of carrying 
out this title hold such public hearings, sit and act at such times and 
places, take such testimony, and receive such evidence as the 
Commission deems advisable.
    (b) Bylaws.--The Commission may make such bylaws, rules, and 
regulations, consistent with this title, as it considers necessary to 
carry out its functions under this title.
    (c) Delegation.--When so authorized by the Commission any member or 
agent of the Commission may take any action which the Commission is 
authorized to take by this section.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and upon the same conditions as other departments and 
agencies of the United States.

SEC. 104. DUTIES OF THE COMMISSION.

    (a) Preparation of Plan.--The Commission shall prepare a plan to 
outline the direction of the National Park System. The plan shall be 
designed to guide the National Park System for the next 10 to 20 years. 
This plan shall include the following:
            (1) A statement of goals and objectives for use in defining 
        the role of the National Park System in preserving our national 
        heritage, relative to other efforts at the Federal, State, 
        local, and private levels.
            (2) Detailed criteria to be used in determining which 
        natural and cultural resources are appropriate for inclusion 
        within the National Park System.
            (3) Identification of what constitutes adequate 
        representation of a particular resource type and which aspects 
        of the American heritage are adequately represented in the 
        existing National Park System or in other protected areas.
            (4) Identification of appropriate aspects of American 
        heritage not currently represented in the National Park System.
            (5) Priorities of sites which should be added to the 
        National Park System in order to provide more complete 
        representation of our Nation's heritage, including an outline 
        for completion of the National Park System with respect to 
        natural areas.
            (6) The role of the National Park System with respect to 
        such topics as preservation of industrial America, preservation 
        of nonphysical cultural resources, and provision of outdoor 
        recreation opportunities.
            (7) Identification of those areas which are more 
        appropriately managed outside the National Park System based on 
        such factors as duplication within the National Park System, 
        better representation of a particular resource type under 
        management of another entity, lack of significance, lack of 
        management feasibility, cost, and lack of visitor 
        accessibility.
    (b) Consultation.--During the preparation of the plan under 
subsection (a), the Commission shall consult with the Secretary of the 
Interior, the Governors of affected States, the National Park System 
Advisory Board, affected units of local government, State and local 
resource management and recreation organizations, scholarly 
organizations, park inholders, and such other interested parties as the 
Commission deems advisable. These consulations shall also include 
appropriate opportunities for public testimony and comment.
    (c) Transmittal to the Secretary and Congress.--Not later than 2 
years after the date that funds are made available to carry out 
subsection (a), the Commission shall transmit the plan developed under 
this section simultaneously to the Secretary and the Committee on 
Interior and Insular Affairs of the United States House of 
Representatives and the Committee on Energy and Natural Resources of 
the United States Senate.
    (d) Authorization of Appropriations.--There are hereby authorized 
to be appropriated not to exceed $500,000 to carry out the purposes of 
this section.

SEC. 105. TERMINATION OF NATIONAL PARK SERVICE MANAGEMENT AT 
              NONESSENTIAL NATIONAL PARK SYSTEM AREAS.

    (a) Termination of National Park Service Management.--The Secretary 
shall--
            (1) terminate National Park Service Management at all park 
        areas as recommended by the Commission in the report 
        transmitted to the Secretary pursuant to section 104;
            (2) initiate all such actions not later than 2 years after 
        completion of the report and shall complete termination of 
        National Park Service management at all areas no later than 5 
        years after completion of the report;
            (3) before taking any action with respect to disposal of 
        any surplus real property or facility located at any park, 
        consult with the Governor of the State and the heads of the 
        local governments and any interested nongovernmental entities 
        for the purpose of considering any plan for the use of such 
        property by State or local governments or nongovernmental 
        entities; and
            (4) carry out this title without regard to any provision of 
        law restricting the use of funds for purposes as outlined in 
        section 105 as may be included in any authorization or 
        appropriation Act.
    (b) Exception.--The Secretary may not carry out any action under 
section 105 if, within the 60-day period beginning on the date on which 
the Commission submits its report to Congress, a joint resolution 
rejecting all recommendations of the Commission for termination of 
National Park Service management of park areas is enacted. The days on 
which either House of Congress is not in session because of an 
adjournment of more than 3 days shall be excluded in the computation of 
such 60-day period.
    (c) Applicability of Other Law.--(1) The provisions of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not 
apply to--
            (A) the actions of the Commission, including selecting the 
        parks which the Commission recommends for termination of 
        National Park Service management under this title and making 
        its report to the Secretary and the committees under section 
        104; and
            (B) the actions of the Secretary in establishing the 
        Commission and in transmitting the report to the committees 
        under this section.
    (2) The provisions of the National Environmental Policy Act of 1969 
shall apply to the actions of the Secretary during the process of 
terminating National Park Service management of a park after such park 
has been selected by the Commission. In applying the provisions of such 
Act, the Secretary shall not have to consider--
            (A) the need for terminating National Park Service 
        management at a park which has been selected by the Commission; 
        or
            (B) alternative parks other than those selected.
    (3) A civil action for judicial review, with respect to any 
requirement of the National Environmental Policy Act of 1969 to the 
extent such Act is applicable to this title, may not be brought later 
than the 60th day after the date of such action or failure to act.
    (d) Disposal of Property.--(1) The Administrator of General 
Services shall delegate to the Secretary, with respect to excess and 
surplus real property and facilities located at a park identified in 
section 105--
            (A) the authority of the Administrator to dispose of 
        surplus property under section 203 of that Act (40 U.S.C. 484); 
        and
            (B) the authority of the Administrator to grant approvals 
        and make determinations under section 13(g) of the Surplus 
        Property Act of 1944 (50 U.S.C. App. 1622(g)).
    (2)(A) Subject to subparagraph (A), the Secretary shall exercise 
authority delegated to the Secretary pursuant to paragraph (1) in 
accordance with--
            (i) all regulations in effect on the date of the enactment 
        of this title governing utilization of excess property and 
        disposal of surplus property under the Federal Property and 
        Administrative Services Act of 1949; and
            (ii) all regulations in effect on the date of the enactment 
        of this title governing the conveyance and disposal of property 
        under section 13(g) of the Surplus Property Act of 1944 (50 
        U.S.C. App. 1622(g)).
    (B) The Secretary, after consulting with the Administrator of 
General Services, may issue regulations that are necessary to carry out 
the delegation of authority required by paragraph (1).
    (C) The authority required to be delegated by paragraph (1) to the 
Secretary by the Administrator of General Services shall not include 
the authority to prescribe general policies and methods for utilizing 
excess property and disposing of surplus property.
    (e) Reports.--As part of each annual budget request for the 
Department of the Interior, the Secretary shall transmit to the 
appropriate committees of Congress a schedule of actions to be carried 
out under this title in the fiscal year in which the request is made 
and an estimate of the total expenditures required and cost savings to 
be achieved by each such closure and of the time period in which these 
savings are to be achieved in each case, together with the Secretary's 
assessment of the environmental effects of such actions.

SEC. 106. TRANSFER OF FUNDS FROM PARK AREAS WHERE NATIONAL PARK SERVICE 
              MANAGEMENT IS TO BE TERMINATED.

    All funds appropriated or otherwise made available for operation of 
park areas identified in section 105 shall remain available for 
allocation to other units of the National Park System.

SEC. 107. LIMITATION ON ESTABLISHMENT OF NEW AREAS OF THE NATIONAL PARK 
              SYSTEM.

    Until the Commission transmits its report to Congress in accordance 
with section 104 of this title, the Secretary may not implement any 
legislation establishing new units of the National Park System, except 
for areas studied by the National Park Service pursuant to a specific 
congressional authorization enacted prior to the date of enactment of 
this Act.

                    TITLE II--NEW AREA ESTABLISHMENT

SEC. 201. NEW AREA STUDIES FOR UNITS OF THE NATIONAL PARK SYSTEM.

    (a) In General.--The Secretary shall undertake and submit to the 
appropriate committees of Congress reports of such new area studies as 
are herein or may hereafter be authorized by Congress for the purpose 
of determining the feasibility and suitability of designating areas for 
addition to the National Park System and any feasible alternatives to 
such action. The Secretary shall undertake both site specific and 
thematic studies. All such studies shall be made in consultation with 
affected agencies at the Federal, State, and local levels, public and 
private organizations and concerned landowners and users. Each study 
shall be completed in compliance with the National Environmental Policy 
Act of 1969 and with an appropriate level of public involvement, 
including public meetings in the vicinity of the study area.
    (b) Factors.--All new area studies referred to in this section 
shall consider each of the following--
            (1) whether the resource is nationally significant in that 
        it represents one of the most important examples of a 
        particular resource type in the country,
            (2) whether similar resources are already protected in the 
        National Park System or in other Federal, State, or private 
        ownership,
            (3) whether the unit is of appropriate configuration to 
        ensure long-term resource protection and visitor use,
            (4) whether any other management entity would be more 
        appropriate,
            (5) public use potential,
            (6) resource integrity,
            (7) cost-effectiveness of such designation associated with 
        both acquisition and annual operation, and
            (8) socioeconomic impacts of any designation.
    (c) Congressional Testimony.--When submitting testimony or other 
recommendations to Congress regarding any potential addition to the 
National Park System, the Secretary shall specifically address all 
factors required to be considered under subsection (b).
    (d) Reports to Congress.--Within 18 months after the date that 
funds are made available for the study of an area designated pursuant 
to subsection (d), the President shall transmit to the Congress a 
report of such study. Each such report shall indicate the suitability 
and feasibility of authorizing the area as a unit of the National Park 
System and any feasible alternative to such action. The report shall 
identify a preferred alternative and also discuss any contentious 
issues related to each alternative considered.

SEC. 202. PRIORITY LIST OF POTENTIAL PARK SYSTEM ADDITIONS.

    (a) List.--The National Park Service shall develop and maintain a 
single list of units in order of their numerical priority for potential 
addition to the National Park System. This list shall be initially 
comprised of areas for which the agency has completed adequate new area 
studies which are consistent with the plan developed under section 104. 
The list shall be updated and republished periodically.
    (b) Establishing Priorities.--In addition to the factors referred 
to in section 201(b), the Secretary shall consider each of the 
following in establishing priorities for inclusion of new areas in the 
National Park System--
            (1) imminence of any threats to the resource or nature of 
        ongoing degradation,
            (2) extent to which similar resources are protected by the 
        National Park Service or by another entity,
            (3) cost escalation factors,
            (4) level of local and general public support, and
            (5) any other factors deemed appropriate by the Secretary.
    (c) Transmission of Priority List to Congress.--At the beginning of 
each Congress, the Secretary shall transmit to the Speaker of the House 
of Representatives and to the President of the Senate, a copy of the 
most recent numerical priority list prepared under this section. In 
addition, the Secretary is encouraged to periodically transmit any 
recommendations for new area studies which he deems appropriate. Such 
recommendations should be based on an objective preliminary review of 
such proposals.
    (d) Congressional Testimony.--When submitting testimony or other 
recommendations to Congress concerning any new additions to the 
National Park System, the Secretary shall include the priority ranking 
of the area on the nationwide priority list.

SEC. 203. REPEAL OF EXISTING STATUTE.

    Section 8 of the Act entitled ``An Act to improve the 
Administration of the national park system by the Secretary of the 
Interior, and to clarify the authorities applicable to the system, and 
for other purposes'', approved August 18, 1970 (16 U.S.C. 1a-5), is 
amended by striking out the first through the seventh sentences of 
subsection (a).

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $1,000,000 for each fiscal 
year to carry out this title. Half of these funds shall be allocated 
for planning purposes and the other half shall be allocated for 
expansion of the congressional support services. These funds shall be 
in addition to any funds authorized by Congress for specific studies 
directed by Congress.

TITLE III--ENHANCED NATIONAL PARK SERVICE TECHNICAL ASSISTANCE PROGRAM 
  FOR PROTECTION AND MANAGEMENT OF NATURAL, CULTURAL, AND RECREATION 
                                 SITES

SEC. 301. ESTABLISHMENT OF THE AMERICAN HERITAGE SITE SYSTEM.

    (a) In General.--In order to better protect natural, cultural, and 
recreational resources of national or State significance which do not 
belong in the National Park System, there is hereby established the 
American Heritage System. This program is intended to provide 
recognition for a diversity of special places of American Heritage. 
These American Heritage Sites will range in complexity from relatively 
small sites comprised of a single historic structure to geographic 
regions and landscapes. In these larger landscapes, the pursuit of 
economic opportunity and enhancement of the quality of life of 
residents will often be at least as important as stewardship of natural 
and cultural resources.
    (b) Administration.--These sites would be administered by State and 
local governments as well as private entities in partnership with 
private landowners and community organizations, with technical 
assistance from the Federal Government. Federal funds will be available 
on a matching basis only, but shall not be used for either land 
acquisition or for day-to-day operations and management. The Secretary 
shall establish broad criteria and guidelines governing the selection 
and management of American Heritage sites.
    (c) Establishment Process.--The National Park Service shall 
establish a grant program to conduct studies of sites for potential 
designation as American Heritage sites as follows:
            (1) When the National Park Service receives a request for 
        funding by a project proponent, the agency shall conduct a 
        preliminary investigation of the site, in conjunction with 
        other State and local entities, to determine if any further 
        Federal involvement is appropriate.
            (2) If the site is found to merit further consideration for 
        potential designation, the Secretary shall provide a grant to 
        the project proponent to carry out the study. The National Park 
        Service may provide technical assistance during the study 
        process upon the request of the State or local government.
            (3) Based on a review of the study, the Secretary shall 
        periodically submit proposals for designation of American 
        Heritage sites to Congress.
    (d) Plan of Operations.--After designation, the primary managing 
body (identified in the legislation designating the site) shall prepare 
a plan of operations which shall be transmitted to the Secretary.
    (e) Assistance.--As part of the plan implementation, special 
Federal technical and financial assistance would be granted during a 
specified period (not to exceed 10 years), after which time the project 
would be expected to rely on other funding sources, including other 
existing Federal assistance programs. In addition, the Secretary shall 
periodically conduct on-site evaluations of the site to ensure its 
continued operation in conformance with guidelines of the Secretary.
    (f) Director of Program.--The American Heritage Program shall be 
under the direction of a Deputy Director for Non-Federal Conservation 
and Recreation.

SEC. 302. DEFINITION OF NATIONAL PARK SYSTEM.

    Section 2(a) of the Act entitled ``An Act to facilitate the 
management of the National Park System and miscellaneous areas 
administered in connection with that System, and for other purposes'', 
approved August 8, 1953 (16 U.S.C. 1c), is amended to read as follows:
    ``Sec. 2. (a)(1) The `National Park System' shall include both 
designated areas and affiliated areas which are administered by the 
Secretary of the Interior through the National Park Service in 
accordance with a specific Act of Congress.
    ``(2) Designated areas of the National Park System are those areas 
with Federal land ownership and where the National Park Service has 
primary responsibility for the management and protection of the site.
    ``(3) Affiliated areas are those areas which are administered on a 
partnership basis with Federal and non-Federal funds. Federal 
involvement typically includes technical assistance and may also 
include Federal support for daily operation of the area and Federal 
land acquisition authority for a specified period of time.''.

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