[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 274 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 274

To establish the Casa Malpais National Historic Park, in Springerville, 
                    Arizona and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 2 (legislative day, January 5), 1993

 Mr. DeConcini introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Casa Malpais National Historic Park, in Springerville, 
                    Arizona and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                  CASA MALPAIS NATIONAL HISTORIC PARK

SECTION. 1. SHORT TITLE AND CONGRESSIONAL FINDINGS.

    (a) This Act may be cited as the ``Casa Malpais National Historical 
Park Establishment Act of 1993''.
    (b) The Congress finds that--
            (1) the Casa Malpais is historically and culturally 
        significant to the State of Arizona, the Town of Springerville 
        and the Nation;
            (2) the Native American population in Arizona and New 
        Mexico has shown strong and sincere interest in the 
        preservation and interpretation of their heritage through the 
        protection of the Casa Malpais;
            (3) the Town of Springerville has played a significant role 
        in the preservation of the cultural resources of the Casa 
        Malpais through a program of interpretation and preservation of 
        the landmark;
            (4) the Casa Malpais National Historic Landmark was 
        occupied by one of the largest and most sophisticated Mogollon 
        communities in the United States;
            (5) the landmark includes a fifty-eight room masonry 
        pueblo, including stairways, Great Kiva complex, and 
        fortification walls, a prehistoric trail, and catacomb chambers 
        where the deceased were placed; and
            (6) the Casa Malpais was designated as a national historic 
        landmark by the Secretary of the Interior in 1957.

SEC. 2. ESTABLISHMENT OF CASA MALPAIS NATIONAL HISTORICAL PARK.

    (a) In order to preserve, for the benefit and enjoyment of present 
and future generations, that area in Arizona containing the nationally 
significant Casa Malpais, and other significant natural and cultural 
resources, there is hereby established the Casa Malpais National 
Historical Park (hereinafter in this Act referred to as the ``park'') 
as a unit of the National Park System. The park shall consist of 
approximately thirty-five acres, a map of which shall be on file and 
available for public inspection in the offices of the National Park 
Service, Department of the Interior, and in the office of the mayor of 
the Town of Springerville, Arizona.
    (b) The park shall be administered by the Secretary of the Interior 
(hereinafter in this Act referred to as the ``Secretary'') and the Town 
of Springerville, Arizona (hereinafter in this Act referred to as the 
``Town''), in accordance with section 3.
    (c) Within six months after the date of enactment of this Act, the 
Secretary shall file a legal description of the park with the Committee 
on Energy and National Resources of the United States Senate and the 
Committee on Interior and Insular Affairs of the United States House of 
Representatives. Such legal description shall have the same force and 
legal description as if included in this Act, except that the Secretary 
may correct clerical and typographical errors in such legal 
description. The legal description shall be on file and available for 
public inspection in the offices of the National Park Service, 
Department of the Interior, in the State of Arizona, and in the office 
of the mayor of the Town of Springerville, Arizona: Provided, That the 
Secretary may from time to time, after completion of the general 
management plan referred to in section 108(a), may make minor 
adjustments to the park boundary by publication of a revised map or 
other boundary description in the Federal Register.

SEC. 3. ADMINISTRATION AND MANAGEMENT OF THE PARK.

    (a) (1) To achieve the purposes of this Act, the Secretary, in 
cooperation with the Town, shall formulate a comprehensive plan for the 
protection, preservation, interpretation, development and maintenance 
of the site.
    (2) Within eighteen months following the date of enactment of this 
section, the Secretary shall transmit the plan to the President of the 
Senate and the Speaker of the House of Representatives.
    (b) The Secretary may, pursuant to cooperative agreement--
            (1) provide technical assistance to the Town or unit of 
        local government in the management, protection, and 
        interpretation of the site; and
            (2) make periodic grants, which shall be supplemental to 
        any other funds to which the grantee may be entitled under any 
        other provision of law, to the Town or local unit of government 
        for the annual costs of operation and maintenance, including 
        but not limited to, salaries of personnel and the protection, 
        preservation, and rehabilitation of the site.
    (c) The Secretary is authorized to enter into cooperative 
agreements with either the Town under which the Secretary may manage 
and interpret any lands owned by Town and the state of Arizona, 
respectively, within the boundaries of the Park.
    (d) In order to encourage a unified and cost effective interpretive 
program of the natural, cultural and recreational resources of the Casa 
Malpais and its environs, the Secretary is authorized to enter into 
cooperative agreements with other Federal, State, and local public 
departments and agencies, Indian tribes, and nonprofit entities 
providing for the interpretation of these resources. Such cooperative 
agreements may also provide for financial and technical assistance for 
the planning and implementation of interpretive programs and minimal 
development related to these programs.

SEC. 4. LAND USE PLANNING.

    The Secretary may participate in land use planning conducted by 
appropriate local authorities for lands adjacent to the park and may 
provide technical assistance to such authorities and affected 
landowners for such planning.

SEC. 5. EXISTING TRANSMISSION OR DISTRIBUTION FACILITIES.

    Nothing in this Act shall be construed as authorizing or requiring 
revocation of any interest or easement for existing transmission or 
distribution facilities or prohibiting the operation and maintenance of 
such facilities within or adjacent to the park boundary.

SEC. 6. GENERAL MANAGEMENT PLAN.

    (a) Within three years from the date of enactment of this Act, the 
Secretary, in cooperation with the Town and the State, shall develop 
and transmit to the Committee on Energy and Natural Resources of the 
United States Senate and the Committee on Interior and Insular Affairs 
of the United States House of Representatives, a general management 
plan for the park consistent with the purposes of this Act, including, 
but not limited to--
            (1) a statement of the number of visitors and types of 
        public use within the park which can be accommodated in 
        accordance with the protection and preservation of its 
        resources;
            (2) a resource protection program;
            (3) a general interpretive program;
            (4) a general development plan for the park, including 
        proposals for a visitor's center and recreation facilities, and 
        the estimated cost thereof; and
    (b) The general management plan shall be prepared in consultation 
with the Casa Malpais National Historical Park Advisory Commission 
established pursuant to section 7, appropriate Indian tribes and their 
civil officials, the Arizona Historical Preservation Office, and other 
interested parties.

SEC. 7. CASA MALPAIS NATIONAL HISTORICAL PARK ADVISORY COMMISSION.

    (a) There is hereby established the Casa Malpais National 
Historical Park Advisory Commission (hereinafter in this Act referred 
to as the ``Commission''). The Commission shall be composed of members 
appointed by the Secretary on the recommendation of the mayor of 
Springerville for terms of 5 years as follows:
            (1) one member, who shall have professional expertise in 
        history and/or archeology, appointed from recommendations 
        submitted by the Governor of the State of Arizona;
            (2) one member, who shall have professional expertise in 
        history, appointed from recommendations submitted by the mayor 
        of the Town of Springerville, Arizona;
            (3) one member, who shall have professional expertise in 
        Indian history or ceremonial activities, appointed from 
        recommendations submitted by the Inter-Tribal Council of 
        Arizona;
            (4) one member, who shall have professional expertise in 
        outdoor recreation;
            (5) one member, who shall be an affected landowner;
            (6) one member, who shall have professional expertise in 
        cultural anthropology;
            (7) one member from the general public;
            (8) the Mayor of the Town of Springerville or his or her 
        designee, ex officio; and
            (9) the Director of the National Park Service, or his or 
        her designee, ex officio.
    (b) Any member of the Commission may serve after the expiration of 
his or her term until a successor is appointed. A vacancy in the 
Commission shall be filled in the same manner in which the original 
appointment was made.
    (c) Members of the Commission shall serve without pay. While away 
from their homes or regular places of business in the performance of 
services for the Commission, members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, in the same 
manner as persons employed intermittently in Government service are 
allowed expenses under section 5703 of title 5, United States Code.
    (d) The Chair and other officers of the Commission shall be elected 
by a majority of the members of the Commission to serve for terms 
established by the Commission.
    (e) The Commission shall meet at the call of the Chair or a 
majority of its members, but not less than twice annually. Six members 
of the Commission shall constitute a quorum. Consistent with the public 
meeting requirements of section 10 of the Federal Advisory Committee 
Act (5 U.S.C. App.), the Commission shall, from time to time, meet with 
persons concerned with Indian history and historic preservation, and 
with other interested persons.
    (f) The Commission may make such bylaws, rules, and regulations as 
it considers necessary to carry out its functions under this Act. 
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission.
    (g) The Commission shall advise the Secretary and the Town on the 
management and development of the park, and on the preparation of the 
general management plan referred to in section 6(a). The Secretary, or 
his or her designee, shall from time to time, but at least 
semiannually, meet and consult with the Commission on matters relating 
to the management and development of the park.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary for the purposes of this Act.

                                 <all>