[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 260 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 260

To provide for the development of a plan and a management review of the 
   National Park System and to reform the process by which areas are 
  considered for addition to the National Park System, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Hefley (for himself, Mr. Hansen, and Mr. Vento) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the development of a plan and a management review of the 
   National Park System and to reform the process by which areas are 
  considered for addition to 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 Reform Act of 
1995''.

                   TITLE I--NATIONAL PARK SYSTEM PLAN

SEC. 101. PREPARATION OF NATIONAL PARK SYSTEM PLAN.

    (a) Preparation of Plan.--The Secretary of the Interior 
(hereinafter in this Act referred to as the ``Secretary''), acting 
through the Director of the National Park Service, shall prepare a 
National Park System Plan (hereinafter in this Act referred to as the 
``plan'') to guide the direction of the National Park System into the 
next century. The plan shall include each of the following:
            (1) A statement of goals and objectives for use in defining 
        the mission and role of the National Park Service in preserving 
        our national natural and cultural 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 as 
        units of the National Park System.
            (3) Identification of what constitutes adequate 
        representation of a particular resource type and which aspects 
        of the national heritage are adequately represented in the 
        existing National Park System or in other protected areas.
            (4) Identification of appropriate aspects of the national 
        heritage not currently represented in the National Park System.
            (5) Priorities of the themes and types of resources which 
        should be added to the National Park System in order to provide 
        more complete representation of our Nation's heritage.
            (6) A statement of the role of the National Park Service 
        with respect to such topics as preservation of natural areas 
        and ecosystems, preservation of industrial America, 
        preservation of nonphysical cultural resources, open space 
        preservation, and provision of outdoor recreation 
        opportunities.
            (7) A statement of what areas constitute units of the 
        National Park System and the distinction between units of the 
        system, affiliated areas, and other areas within the system.
    (b) Consultation.--During the preparation of the plan under 
subsection (a), the Secretary shall consult with other Federal land 
managing agencies, State and local officials, the National Park System 
Advisory Board, resource management, recreation and scholarly 
organizations and other interested parties as the Secretary deems 
advisable. These consultations shall also include appropriate 
opportunities for public review and comment.
    (c) Transmittal to Congress.--Prior to the end of the third 
complete fiscal year commencing after the date of enactment of this 
Act, the Secretary shall transmit the plan developed under this section 
to the Committee on Natural Resources of the United States House of 
Representatives and the Committee on Energy and Natural Resources of 
the United States Senate.

SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK SYSTEM.

    (a) Review.--(1) Using the National Park System Plan prepared 
pursuant to section 101 as a guide, the Secretary shall review the 
existing National Park System to determine whether there are more 
appropriate alternatives for managing specific units or portions of 
units within the system, including partnerships or direct management by 
States, local governments, other agencies and the private sector. The 
Secretary shall develop a report which contains a list of areas within 
the National Park System where National Park Service management should 
be modified or terminated.
    (2) In developing the list under paragraph (1), the Secretary shall 
consider 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, lack of visitor accessibility, modifications that change the 
character of the resource, lack of collaboration to protect resources, 
suitability for management by another agency, and the compatibility of 
the resource with the present mission and role of the National Park 
Service.
    (3) For any areas for which termination of National Park Service 
management is recommended, the Secretary shall make recommendations 
regarding management by an entity or entities other than the National 
Park Service. For any area determined to have national significance, 
prior to including such area on the list under paragraph (1) the 
Secretary shall identify feasible alternatives to National Park Service 
management which will protect the resources thereof and assure 
continued public access thereto.
    (b) Consultation.--In developing the list referred to in subsection 
(a), the Secretary shall consult with other Federal land managing 
agencies, State and local officials, the National Park System Advisory 
Board, resource management, recreation and scholarly organizations and 
other interested parties as the Secretary deems advisable. These 
consultations shall also include appropriate opportunities for public 
review and comment.
    (c) Transmittal to Congress.--Not later than 1 year after the 
Secretary completes the plan referred to in section 101 of this Act, 
the Secretary shall transmit the report developed under this section 
simultaneously to the Natural Resources Committee of the United States 
House of Representatives and the Committee on Energy and Natural 
Resources of the United States Senate. The report shall contain the 
recommendations of the Secretary concerning modifications or 
termination of National Park Service management for any areas within 
the National Park System and the recommendations regarding alternative 
management by an entity or entities other than the National Park 
Service.

SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION.

    (a) Establishment of Commission.--If the Secretary fails to 
transmit the report developed under section 102 within the 1-year 
period specified in section 102, a National Park System Review 
Commission shall be established to review existing National Park System 
units to determine whether there are more appropriate alternatives for 
managing specific units or portions thereof. Within one year after the 
date of its establishment, the Commission shall prepare and transmit to 
the Natural Resources Committee of the United States House of 
Representatives and the Committee on Energy and Natural Resources of 
the United States Senate a report containing a list of National Park 
System units or portions thereof where National Park Service management 
should be modified or terminated. In developing the list, the 
Commission shall consider the factors referred to in section 102(a)(2). 
For any listed areas, the Commission shall suggest alternative 
management by an entity or entities other than the National Park 
Service, and for any area determined to have national significance, 
prior to including such area on the list the Commission shall identify 
feasible alternatives to National Park Service management which will 
protect the resources of the area and assure continued public access to 
thereto. In developing the list, the Commission shall consult with 
other Federal land managing agencies, State and local officials, the 
National Park System Advisory Board, resource management, recreation 
and scholarly organizations and other interested parties as the 
Secretary deems advisable. These consultations shall also include 
appropriate opportunities for public review and comment.
    (b) Membership and Appointment.--The Commission shall consist of 7 
members each of whom shall have substantial familiarity with, and 
understanding of, the National Park System. Three members of the 
Commission, one of whom shall be the Director of the National Park 
Service, shall be appointed by the Secretary. Two members shall be 
appointed by the Speaker of the United States House of Representatives 
and two shall be appointed by the President Pro Tem of the United 
States Senate. Each member shall be appointed within 3 months after the 
expiration of the 1-year period specified in section 102(c).
    (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 subsection (a).
    (i) 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.
    (j) 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.
    (k) 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.
    (l) Powers of the Commission.--(1) 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.
    (2) 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.
    (3) 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.
    (4) 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.
    (5) The Secretary shall provide to the Commission any information 
available to the Secretary and requested by the Commission regarding 
the plan referred to in section 101 and any other information requested 
by the Commission which is relevant to the duties of the Commission and 
available to the Secretary.

SEC. 104. NEPA.

    The provisions of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) shall not apply to the preparation of any report 
pursuant to section 102 or 103 of this Act.

                    TITLE II--NEW AREA ESTABLISHMENT

SEC. 201. STUDY OF NEW PARK SYSTEM AREAS.

    Section 8 of the Act of August 18, 1970, 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'' (16 U.S.C. 1a-1 and following) is 
amended as follows:
            (1) By inserting ``General Authority.--'' after ``(a)''.
            (2) By striking the second through the sixth sentences of 
        subsection (a).
            (3) By redesignating the last sentence of subsection (a) as 
        subsection (e) and inserting in such sentence before the words 
        ``For the purposes of carrying'' the following: ``(e) 
        Authorization of Appropriations.--''.
            (4) By striking subsection (b).
            (5) By inserting the following after subsection (a):
    ``(b) Studies of Areas for Potential Addition.--(1) At the 
beginning of each calendar year, along with the annual budget 
submission, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and to the Committee on 
Energy and Natural Resources of the United States Senate a list of 
areas recommended for study for potential inclusion in the National 
Park System.
    ``(2) In developing the list to be submitted under this subsection, 
the Secretary shall give consideration to those areas that have the 
greatest potential to meet the established criteria of national 
significance, suitability, and feasibility. The Secretary shall give 
special consideration to themes, sites, and resources not already 
adequately represented in the National Park System as identified in the 
National Park System Plan to be developed under section 101 of the 
National Park System Reform Act of 1994. No study of the potential of 
an area for inclusion in the National Park System may be initiated 
after the date of enactment of this section, except as provided by 
specific authorization of an Act of Congress. Nothing in this Act shall 
limit the authority of the National Park Service to conduct preliminary 
resource assessments, gather data on potential study areas, provide 
technical and planning assistance, prepare or process nominations for 
administrative designations, update previous studies, or complete 
reconnaissance surveys of individual areas requiring a total 
expenditure of less than $25,000. Nothing in this section shall be 
construed to apply to or to affect or alter the study of any river 
segment for potential addition to the national wild and scenic rivers 
system or to apply to or to affect or alter the study of any trail for 
potential addition to the national trails system.
    ``(c) Report.--The Secretary shall complete the study for each area 
for potential inclusion into the National Park System within 3 complete 
fiscal years following the date of enactment of specific legislation 
providing for the study of such area. Each study under this section 
shall be prepared with appropriate opportunity for public involvement, 
including at least one public meeting in the vicinity of the area under 
study, and reasonable efforts to notify potentially affected landowners 
and State and local governments. In conducting the study, the Secretary 
shall consider whether the area under study--
            ``(1) possesses nationally significant natural or cultural 
        resources, or outstanding recreational opportunities, and that 
        it represents one of the most important examples of a 
        particular resource type in the country; and
            ``(2) is a suitable and feasible addition to the system.
Each study shall consider the following factors with regard to the area 
being studied: the rarity and integrity of the resources, the threats 
to those resources, whether similar resources are already protected in 
the National Park System or in other Federal, state or private 
ownership, the public use potential, the interpretive and educational 
potential, costs associated with acquisition, development and 
operation, the socioeconomic impacts of any designation, the level of 
local and general public support and whether the unit is of appropriate 
configuration to ensure long-term resource protection and visitor use. 
Each such study shall also consider whether direct National Park 
Service management or alternative protection by other agencies or the 
private sector is appropriate for the area. Each such study shall 
identify what alternative or combination of alternatives would in the 
professional judgment of the Director of the National Park Service, be 
most effective and efficient in protecting significant resources and 
providing for public enjoyment. Each study shall be completed in 
compliance with the National Environmental Policy Act of 1969. The 
letter transmitting each completed study to Congress shall contain a 
recommendation regarding the Administration's preferred management 
option for the area.
    ``(d) List of Areas.--At the beginning of each calendar year, along 
with the annual budget submission, the Secretary shall submit to the 
Committee on Natural Resources of the House of Representatives and to 
the Committee on Energy and Natural Resources of the United States 
Senate a list of areas which have been previously studied which contain 
primarily cultural or historical resources and a list of areas which 
have been previously studied which contain primarily natural resources 
in numerical order of priority for addition to the National Park 
System. In developing the list, the Secretary should consider threats 
to resource values, cost escalation factors and other factors listed in 
subsection (c) of this section.''.
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