[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 104 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 104

  To authorize the private ownership and use of National Park System 
                                 lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

   Mr. Bartlett of Maryland introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize the private ownership and use of National Park System 
                                 lands.

    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 Enhancement and 
Revitalization Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The National Park Service has insufficient funds for 
        the operations, maintenance, and rehabilitation of certain 
        units of the National Park System.
            (2) Federal full fee land ownership is not always required 
        to preserve the aesthetic, natural, cultural, and historical 
        values of National Park System lands, and at times may even 
        prevent desirable preservation.
            (3) The sale or lease or any extension thereof of lands or 
        interests therein within units of the National Park System 
        could generate needed funds while preserving the values for 
        which the units were established.

SEC. 3. PERMITTING PRIVATE OWNERSHIP OR USE OF NATIONAL PARK SYSTEM 
              LANDS.

    The Act of August 25, 1916 (popularly known as the National Park 
Service Organic Act; 16 U.S.C. 1241 et seq.), is amended by adding at 
the end the following new section:
    ``Sec. 5. (a) Disposal of Property and Interests.--(1) The 
Secretary of the Interior, after determining it to be in the public 
interest and after publication of notice in the Federal Register and 30 
days for public comment--
            ``(A) may dispose of lands, or interests therein (but not 
        the mineral estate), within the National Battlefields, National 
        Historical Parks, and other National Park System units which 
        preserve American history; and
            ``(B) may accept as consideration for the disposal other 
        lands, interests in lands, cash payment, or any combination 
        thereof which is equal in value to the lands or interests being 
        disposed of.
    ``(2) To protect the aesthetic, recreational, cultural, or historic 
values of the unit of the National Park System, the Secretary shall 
include in such disposals any terms, covenants, conditions, or 
reservations deemed necessary to ensure preservation of the public 
interest and uses consistent with the purposes for which the area was 
designated and to attempt to stimulate the land use patterns existing 
at the relevant historic period.
    ``(3) In disposing of lands or interests under this subsection, the 
Secretary shall, to the extent practicable, provide the person or 
persons, or their heirs, as determined from the deed and land records, 
from whom the land or interest was acquired by the United States an 
opportunity to reacquire the land or interest. The Secretary shall 
publish a notice in an appropriate regional or local newspaper in an 
attempt to locate such persons.
    ``(4) Each disposal in excess of $150,000 shall be reported to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate at least 30 
days prior to consummation of the disposal.
    ``(5) The person or persons acquiring lands or interests therein 
under this subsection shall bear all reasonable costs of survey and 
appraisal incidental to such conveyance, as determined by the 
Secretary.
    ``(b) Lease.--(1) The Secretary of the Interior, after determining 
it to be in the public interest and after publication of notice in the 
Federal Register and 30 days for public comment, may lease lands or 
extend existing leases within the National Battlefields, National 
Historical Parks, and other National Park System units which preserve 
American history for private uses that promote, and are consistent 
with, the purposes for which the area was designated and that attempt 
to stimulate the land use patterns existing at the relevant historic 
period.
    ``(2) To the extent practicable, the Secretary shall provide the 
person or persons, or their heirs, as determined from the deed and land 
records, from whom the land or interest was acquired by the United 
States an opportunity to lease the land for acceptable uses. The 
Secretary shall publish a notice in an appropriate regional or local 
newspaper in an attempt to locate such persons.
    ``(3) Such leases may be negotiated noncompetitively. If the 
original owner or heirs cannot be identified or are not interested, 
leases shall be offered competitively. In either case, leases must 
specify acceptable uses and terms and must at least recover the costs 
of establishing and administering the lease.
    ``(c) Use of Revenues.--Amounts received by the United States as 
proceeds from the sale or lease of lands or interests therein under 
this section, in excess of administrative costs, shall be deposited in 
a special fund in the Treasury and shall be available to the Secretary 
of the Interior, without further appropriation, for operation, 
maintenance, or improvement of, or for acquisition of lands or 
interests therein for, the unit which generated the proceeds.
    ``(d) Acquiring Less Than Fee Title.--The Secretary of the 
Interior, after determining it to be in the public interest and in 
compliance with other acquisition requirements, may acquire easements 
or other interests in lands for inclusion in the National Park System, 
if--
            ``(1) the easement or interest provides public benefits 
        greater than the cost of the easement or interest, and
            ``(2) the cost of the easement or interest is less than a 
        fee simple purchase of the land, including the costs for 
        periodic monitoring and enforcement to ensure compliance with 
        such agreements.''.

SEC. 4. STUDY.

    The Government Accounting Office (GAO) of the United States shall 
undertake a study of easements and other less-than-fee title 
acquisitions of interests in lands for the National Park System to 
assess their effectiveness, including total costs and compliance with 
agreements, and their efficiency for producing public benefits.
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