[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4158 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4158

    To authorize the private ownership and use of certain secondary 
   structures and surplus lands administered as part of any national 
historical park that are not consistent with the purposes for which the 
  park was established, if adequate protection of natural, aesthetic, 
recreational, cultural, and historical values is assured by appropriate 
             terms, covenants, conditions, or reservations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 1998

   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 certain secondary 
   structures and surplus lands administered as part of any national 
historical park that are not consistent with the purposes for which the 
  park was established, if adequate protection of natural, aesthetic, 
recreational, cultural, and historical values is assured by appropriate 
             terms, covenants, conditions, or reservations.

    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 
Protection Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The National Park Service has insufficient funds for 
        the operation, maintenance, and rehabilitation of certain units 
        of the National Park System.
            (2) Federal full fee ownership of structures and lands that 
        are not consistent with the purposes for which a national 
        historical park was established and that are essential only to 
        the protection of such a park is not always required to 
        preserve the aesthetic, natural, cultural, and historical 
        values of national historical parks.
            (3) The sale or lease, or any extension of a sale or lease, 
        of secondary structures and surplus lands of national 
        historical parks that are not consistent with the purposes for 
        which the parks were established and that are essential only to 
        the protection of such parks, could generate needed funds while 
        preserving the values for which the parks were established, if 
        adequate protection of natural, aesthetic, recreational, 
        cultural, and historical values is assured by appropriate 
        terms, covenants, conditions, or reservations.
            (4) There are some secondary structures and surplus lands 
        of national historical parks that need not be owned by the 
        Federal Government in fee simple to achieve the benefits for 
        which the parks were established.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Surplus land.--The term ``surplus land'' means land 
        owned by the United States that is--
                    (A) controlled by the Secretary and administered as 
                part of a national historical park;
                    (B) not consistent with the purposes for which the 
                park was established; and
                    (C) determined by the Secretary to be surplus to 
                the purposes of national historical parks.
            (2) Secondary Structures.--The term ``secondary 
        structure''--
                    (A) means a structure (including associated land) 
                controlled by the Secretary and administered as part of 
                a national historical park, that--
                            (i) is not historic under National Register 
                        on Historic Places criteria; and
                            (ii) is determined by the Secretary to be 
                        surplus to the purposes of national historical 
                        parks; and
                    (B) does not include any structure or land that is 
                determined by the Secretary to be part of the essence 
                of a national historical park.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. ALLOWING PRIVATE ACQUISITION OR USE OF NATIONAL HISTORICAL PARK 
              SECONDARY STRUCTURES AND SURPLUS LAND.

    (a) Determination of Secondary Structures and Surplus Land.--The 
Secretary shall review the lands and structures that are controlled by 
the Secretary and administered as part of a national historical park 
and determine whether any of those lands or structures are secondary 
structures or surplus lands, respectively.
    (b) Allowing Private Acquisition or Use.--The Secretary, 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 in 
accordance with this Act sell, lease, permit the use of, or extend a 
lease or use permit for, any land and stucture determined by the 
Secretary to be a secondary structure or surplus land, respectively.

SEC. 5. REQUIREMENTS.

    (a) Competition.--Except as provided in subsection (c), any sale or 
lease of property under this Act shall be made under full and open 
competition.
    (b) Costs.--The Secretary shall ensure that the terms of any sale, 
lease, or use permit under this Act are sufficient to recover the costs 
to the United States of awarding and administering the sale, lease, or 
permit. The Secretary shall require that a person acquiring, leasing, 
or using property under this Act shall bear all reasonable costs of 
appraisal incidental to such conveyance, lease, or use, as determined 
by the Secretary.
    (c) Reacquisition by Original Owner.--Before disposing of any 
secondary structure or surplus land under this Act, the Secretary 
shall, to the extent possible, provide the person or persons from whom 
the structure or land was acquired by the United States, or their 
heirs, as determined from the deed and land records for the property, 
an opportunity to reacquire the structure or land by negotiated sale, 
lease, or use permit. The Secretary shall publish a notice in an 
appropriate regional or local newspaper in an attempt to locate such 
persons.
    (d) Notice to Congress.--The Secretary shall report to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate each 
conveyance, lease, or issuance of a use permit for property under this 
Act having a total value greater than $150,000, at least 30 days prior 
to consummation of the transaction.

SEC. 6. PROTECTION OF HISTORICAL INTEGRITY OF PARK.

    In order to protect the natural, aesthetic, recreational, cultural, 
or historic values of any national historical park, the Secretary shall 
include in any sale, lease, or use permit under this Act any terms, 
covenants, conditions, or reservations necessary to ensure preservation 
of the public interest and uses consistent with the purposes for which 
the park was established.

SEC. 7. USE OF REVENUES.

    Amounts received by the United States as proceeds from any sale, 
lease, or use of a secondary structure or surplus land under this Act 
in excess of the administrative cost of the sale, lease, or use--
            (1) shall be deposited in a special fund in the Treasury; 
        and
            (2) shall be available to the Secretary, without further 
        appropriation, for operation, maintenance, or improvement of, 
        or for the acquisition of land or interests therein for, the 
        national park system unit which generated the proceeds.
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