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





                                                  Union Calendar No. 60

104th CONGRESS

  1st Session

                               H. R. 260

                          [Report No. 104-133]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              June 7, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                  Union Calendar No. 60
104th CONGRESS
  1st Session
                                H. R. 260

                          [Report No. 104-133]

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

                              June 7, 1995

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on January 
                                4, 1995]

_______________________________________________________________________

                                 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''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) The term ``Secretary'' means the Secretary of the 
        Interior.
            (2) The term ``Plan'' means the National Park System Plan 
        developed under section 101.
            (3) The term ``Commission'' means the National Park System 
        Review Commission established pursuant to section 103.
            (4) The term ``Congressional resources committees'' means 
        the Committee on Resources of the House of Representatives and 
        the Committee on Energy and Natural Resources of the Senate.

                   TITLE I--NATIONAL PARK SYSTEM PLAN

SEC. 101. PREPARATION OF NATIONAL PARK SYSTEM PLAN.

    (a) Preparation of Plan.--The Secretary of the Interior, acting 
through the Director of the National Park Service, shall prepare a 
National Park System Plan to guide the direction of the National Park 
System into the next century. The Plan shall include each of the 
following:
            (1) Identification of goals and objectives for use in 
        defining the mission and role of the National Park Service and 
        the National Park System in preserving our Nation's heritage, 
        relative to other efforts at the Federal, State, local, and 
        private levels. This statement shall include a refinement for 
        the definition of ``nationally significant'' for purposes of 
        inclusion in the National Park System.
            (2) Criteria to be used in determining which themes and 
        types of resources are appropriate for representation in the 
        National Park System, as well as criteria for judging 
        individual sites, areas, and themes that are appropriate for 
        inclusion as units of the National Park System.
            (3) Identification of what constitutes adequate 
        representation of a particular resource type or theme in the 
        National Park System.
            (4) Identification of which aspects of the Nation's 
        heritage are adequately represented in the existing National 
        Park System.
            (5) Identification of appropriate aspects of the Nation's 
        heritage not currently or adequately represented in the 
        National Park System.
            (6) 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.
            (7) A thorough analysis of the role of the National Park 
        System and the National Park Service with respect to (but not 
        limited to) conservation of natural areas and ecosystems; 
        preservation of industrial America; preservation of intangible 
        cultural heritage such as arts, music, and folklife; 
        presidential sites; open space protection; and provision of 
        outdoor recreation opportunities.
            (8) A comprehensive financial management plan for the 
        National Park System which identifies all funding available to 
        the agency, how funds will be allocated to support various 
        programs, and the level of service to be provided.
    (b) Public Participation and Consultation.--During the preparation 
of the Plan under subsection (a), the Secretary shall ensure broad 
public participation in a manner which, at a minimum, consists of the 
following two elements:
            (1) Solicitation of the views of the American public with 
        regard to the future of the National Park System. Opportunities 
        for public participation shall be made available throughout the 
        planning process and shall include specific regional public 
        meetings.
            (2) Consultation with other Federal land management 
        agencies, State and local officials, resource management, 
        recreation and scholarly organizations, and other interested 
        parties as the Secretary deems advisable.
    (c) Transmittal of Report.--Prior to the end of the second complete 
fiscal year commencing after the date of enactment of this Act, the 
Secretary shall transmit the Plan developed under this section to the 
Congressional resources committees.
    (d) Congressional Approval.--Unless Congress enacts a joint 
resolution rejecting all or modifying part of the Plan within 180 
calendar days after the date of its transmittal to Congress, the Plan 
shall be deemed approved.
    (e) Identification of Units of the National Park System.--The 
Secretary shall submit to the Congressional resources committees an 
official list of areas or units of the National Park System within 180 
days after the date of the enactment of this Act. The Secretary shall 
establish a set of criteria for the purpose of developing such list and 
shall transmit those criteria to the Congressional resources 
committees.
    (f) Authority To Establish Units of the National Park System.--
After the enactment of this Act, units or areas of the National Park 
System may only be established pursuant to an Act of Congress or by 
Presidential action in accordance with the Act entitled ``An Act for 
the preservation of American antiquities'' (16 U.S.C. 431 et seq.).

SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK SYSTEM.

    (a) Selection Criteria.--(1) The Secretary shall, not later than 45 
days after transmittal of the Plan under section 101(c), publish in the 
Federal Register and transmit to the Congressional resources committees 
the criteria proposed to be used by the Department of the Interior in 
reviewing existing units of the National Park System under this 
section. The Secretary shall provide an opportunity for public comment 
on the proposed criteria for a period of at least 30 days.
    (2)(A) The Secretary shall, within 60 days of the transmittal of 
proposed criteria under paragraph (1), publish in the Federal Register 
and transmit to the Congressional resources committees the final 
criteria to be used in carrying out this section. Except as provided in 
subparagraph (B), such criteria shall be the final criteria to be used 
unless disapproved by a joint resolution of Congress enacted not more 
than 30 legislative days after receipt of the final criteria. For the 
purpose of the preceding sentence, the term ``legislative day'' means a 
day on which both Houses of Congress are in session.
    (B) The Secretary may amend such criteria, but such amendments may 
not become effective until they have been published in the Federal 
Register, opened to public comment for at least 30 days, and 
transmitted to the Congressional resources committees in final form.
    (b) Review.--(1)(A) Using the Plan deemed to be approved pursuant 
to section 101(d) and the criteria developed pursuant to subsection 
(a), the Secretary shall review the existing National Park System to 
determine whether any existing units or significant portions of such 
units do not conform to the Plan. For any such areas, the Secretary 
shall determine whether there are more appropriate alternatives for 
managing all or a portion of such units, including through partnerships 
or direct management by States, local governments, other agencies and 
the private sector.
    (B) The Secretary shall develop a report which contains a list of 
any unit of the National Park System where National Park Service 
management should be terminated and a list of any portion of units 
where National Park Service management should be modified as a result 
of nonconformance with the Plan. No area or portion of an area which 
Congress has designated as a national park may be included in the 
report.
    (2) Should any such unit or portion of such unit not be recommended 
for continued National Park Service management, the Secretary shall 
make recommendations regarding management by an entity or entities 
other than the National Park Service.
    (3) For any such unit or portion of such unit determined to have 
national significance, prior to including such unit or portion of such 
unit on a list under paragraph (1), the Secretary shall identify 
feasible alternatives to National Park Service management which will 
protect the resources of and assure continued public access to the 
unit.
    (c) Consultation.--In developing the report referred to in 
subsection (b), the Secretary shall consult with other Federal land 
management agencies, State and local officials, resource management, 
recreation and scholarly organizations, and other interested parties as 
the Secretary deems advisable.
    (d) Transmittal.--Not later than 18 months after the Plan has been 
deemed approved, the Secretary shall transmit the report developed 
under this section simultaneously to the Congressional resources 
committees and the Commission. The report shall contain the 
recommendations of the Secretary for termination of National Park 
Service management for any unit of the National Park System that is 
determined not to conform with the Plan, a list of portions of units 
where National Park Service management should be modified, and the 
recommendations for alternative management by an entity or entities 
other than the National Park Service for such unit.

SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION.

    (a) Establishment of Commission; Duties.--(1) Following completion 
of the Plan as specified in section 101, a National Park System Review 
Commission shall be established.
    (2) The Commission shall either review the report developed under 
section 102 or, if the Secretary fails to develop and transmit such 
report, develop the report itself. In conducting its review (or 
developing the report, if necessary), the Commission shall be subject 
to the provisions of sections 102 (b) and (c) in the same manner as 
such provisions apply to the Secretary. If the Secretary develops and 
transmits the report, the review of the Commission shall be limited to 
the manner in which the criteria have been applied to the existing 
National Park System. In addition the Commission shall seek broad 
public input and ensure the opportunity for input from persons who 
would be directly affected by recommendations regarding National Park 
System units identified in its report.
    (3) Within 2 years after the date of its establishment, the 
Commission shall prepare and transmit to the Congressional resources 
committees a report of its work under paragraph (2) in which the 
Commission recommends a list of
 National Park System units where National Park Service management 
should be terminated and a list of portions of units where National 
Park Service management should be modified.
    (b) Membership and Appointment.--The Commission shall consist of 11 
members, each of whom shall have substantial familiarity with, and 
understanding of, the National Park System and related fields. In 
addition, the Commission members shall have expertise in natural 
sciences, history, archaeology, and outdoor recreation. Five 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 
in consultation with the chairman of the Committee on Resources, and 
one member shall be appointed by the Minority Leader of the House or 
Representatives in consultation with the ranking minority member of the 
Committee on Resources. Two members shall be appointed by the President 
pro tempore of the United States Senate, in consultation with the 
chairman of the Committee on Energy and Natural Resources and one 
member shall be appointed by the Minority Leader of the Senate in 
consultation with the ranking minority member of the Committee on 
Energy and Natural Resources. Each member shall be appointed within 
three months after the completion of the Plan as specified in section 
101.
    (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 and any other information requested by the Commission which is 
relevant to the duties of the Commission and available to the 
Secretary.

SEC. 104. SUBSEQUENT ACT OF CONGRESS REQUIRED TO MODIFY OR TERMINATE A 
              PARK.

    Nothing in this Act shall be construed as modifying or terminating 
any unit of the National Park System without a subsequent Act of 
Congress. This limitation shall not limit any existing authority of the 
Secretary.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated $2,000,000 to carry 
out the purposes of this title.

SEC. 106. COMMENDATION AND PROTECTION OF NATIONAL PARK RANGERS.

    (a) Finding.--The Congress recognizes the dedication, expertise and 
courage of the men and women who serve as rangers and other employees 
of the National Park Service and finds their service to the protection 
of our park resources and the safety of the hundreds of millions of 
Americans who visit our national parks each year to be indispensable.
    (b) Protection of National Park Service Employees.--As soon as 
possible as part of the report developed under section 101, the 
Secretary shall report on the procedures that have been instituted to 
report to the United States Attorney or other appropriate law 
enforcement official any intimidation, threats, or acts of violence 
against employees of the National Park Service related to their duties.

                    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 two sentences of subsection 
        (a) as subsection (f) and inserting in the first of such 
        sentences before the words ``For the purposes of carrying'' the 
        following: ``(f) 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 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 1995.
    ``(3) 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 subsection, except as provided by specific authorization of an Act 
of Congress.
    ``(4) 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.
    ``(5) 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.--(1) The Secretary shall complete the study for each 
area for potential inclusion in 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 after reasonable efforts to notify 
potentially affected landowners and State and local governments.
    ``(2) In conducting the study, the Secretary shall consider whether 
the area under study--
            ``(A) possesses nationally significant natural or cultural 
        resources, or outstanding recreational opportunities, and that 
        the area represents one of the most important examples of a 
        particular resource type in the country; and
            ``(B) is a suitable and feasible addition to the system.
    ``(3) Each study--
            ``(A) shall consider the following factors with regard to 
        the area being studied--
                    (i) the rarity and integrity of the resources;
                    (ii) the threats to those resources;
                    (iii) whether similar resources are already 
                protected in the National Park System or in other 
                public or private ownership;
                    (iv) the public use potential;
                    (v) the interpretive and educational potential;
                    (vi) costs associated with acquisition, development 
                and operation;
                    (vii) the socioeconomic impacts of any designation;
                    (viii) the level of local and general public 
                support, and
                    (ix) whether the area is of appropriate 
                configuration to ensure long-term resource protection 
                and visitor use;
            ``(B) shall consider whether direct National Park Service 
        management or alternative protection by other public agencies 
        or the private sector is appropriate for the area;
            ``(C) 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; and
            ``(D) may include any other information which the Secretary 
        deems to be relevant.
    ``(4) Each study shall be completed in compliance with the National 
Environmental Policy Act of 1969.
    ``(5) The letter transmitting each completed study to Congress 
shall contain a recommendation regarding the Secretary's preferred 
management option for the area.
    ``(d) New Area Study Office.--The Secretary shall establish a 
single office to be assigned to prepare all new area studies and to 
implement other functions of this section.
    ``(e) List of Areas.--At the beginning of each calendar year, along 
with the annual budget submission, the Secretary shall submit to the 
Committee on 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 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 lists, the Secretary should consider threats to 
resource values, cost escalation factors, and other factors listed in 
subsection (c) of this section. The Secretary should only include on 
the lists areas for which the supporting data is current and 
accurate.''.
HR 260 RH----2