[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1011 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1011
To provide the financial mechanisms, resource protections, and
professional skills necessary for high quality stewardship of the
National Park System and to recognize the importance of high quality
outdoor recreational opportunities on federally managed land.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 11, 2001
Mr. Graham (for himself and Mr. Akaka) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide the financial mechanisms, resource protections, and
professional skills necessary for high quality stewardship of the
National Park System and to recognize the importance of high quality
outdoor recreational opportunities on federally managed land.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Parks
Stewardship Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PARK RESOURCE PRESERVATION
Sec. 101. Activities in units of the National Park System.
Sec. 102. Federal actions concerning units of the National Park System.
Sec. 103. Preservation of historical documents, records, and reports.
Sec. 104. Report on visitation and use.
Sec. 105. Assessment of outside threats to units of the National Park
System.
Sec. 106. Marine resource protection and restoration study.
TITLE II--FINANCIAL RESOURCES
Sec. 201. Nonappropriated fund instrumentalities program development.
Sec. 202. Recreational fee program.
Sec. 203. Challenge cost share projects.
TITLE III--HUMAN RESOURCES FOR NATIONAL PARKS
Sec. 301. Establishment of pilot program.
Sec. 302. Identification of park management position requirements.
TITLE I--PARK RESOURCE PRESERVATION
SEC. 101. ACTIVITIES IN UNITS OF THE NATIONAL PARK SYSTEM.
(a) In General.--Consistent with the Act entitled ``An Act to
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (16 U.S.C. 1 et seq.), and the purposes for which each
National Park unit is created, the Secretary of the Interior (referred
to in this title as the ``Secretary''), before authorizing the use of
any unit of the National Park System, shall prohibit or limit, as
appropriate, the conduct of any activity in the unit that is
incompatible with the conservation and preservation of the natural,
cultural, and historical resources of the unit.
(b) Applicability of Other Law.--Nothing in this section affects
the applicability of any other provision of law to the conduct of an
activity in any unit of the National Park System.
(c) Visitor Education.--The Secretary, through the superintendent
of each unit of the National Park System, shall make available to
visitors of the unit educational materials or programs promoting
conservation and low impact recreation techniques and practices that
minimize the adverse recreation impacts to, and enhance enjoyment of,
the natural, cultural, and historical resources of the unit.
SEC. 102. FEDERAL ACTIONS CONCERNING UNITS OF THE NATIONAL PARK SYSTEM.
(a) Land Under Jurisdiction of Secretary.--The Secretary shall
prohibit the conduct of any action that degrades or destroys the
natural, cultural, or historical resources of a unit of the National
Park System on land that is--
(1) adjacent to or in the vicinity of, but outside the
boundary of, the unit; and
(2)(A) under the administrative jurisdiction of the
Secretary; and
(B) not under the administrative jurisdiction of any other
Federal agency.
(b) Other Federal Land.--
(1) In general.--Notwithstanding any other provision of
law, the head of any Federal agency having jurisdiction over
land, or activities on land, that is adjacent to or in the
vicinity of, but outside the boundary of, a unit of the
National Park System, shall--
(A) at the earliest practicable date, notify the
Secretary of the potential of the Federal agency to
undertake or allow an action on the land that may
degrade or destroy the natural, cultural, or historical
resources of the National Park unit; and
(B) in consultation with the Secretary, shall--
(i) identify and select alternatives that,
to the maximum extent practicable, do not
degrade natural, cultural, or historic
resources of the unit; or
(ii) if no other alternative is
practicable, minimize, to the maximum extent
practicable, any significant effects of an
action described in subparagraph (A) on the
unit.
(2) Exceptions.--Paragraph (1) does not apply to--
(A) an emergency action that is essential to
protect--
(i) a human life or property; and
(ii) public health and safety; and
(B) any action that is necessary to ensure the
military preparedness of the United States.
(c) Interagency Review.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in cooperation with the heads of
other appropriate Federal agencies, shall--
(1) review management programs and plans for Federal land
adjacent to units of the National Park System for potential
impacts on those units; and
(2) provide to the head of each appropriate Federal agency
recommendations on how the land may be managed by the agency
head to minimize degradation or destruction of any natural,
cultural, or historical resources of any adjacent units of the
National Park System.
(d) Technical Assistance.--The Secretary, at the request of a
Federal agency or unit of a State or local government that manages land
within or adjacent to a unit of the National Park System, may provide
technical assistance to the Federal agency or unit of government in the
management of the land so that the management does not result in the
degradation or destruction of any natural, cultural, or historical
resource of the unit of the National Park System.
(e) Financial Assistance.--Before the Secretary provides financial
assistance for the design or construction of a facility on private land
adjacent to a unit of the National Park System, the Secretary shall--
(1) review the construction project and plans for potential
effects on the unit;
(2) develop a plan, in conjunction with the recipient of
the financial assistance, to minimize any risk of degradation
or destruction of the natural, cultural, or historical
resources of the unit; and
(3) require implementation of the plan developed under
paragraph (2).
SEC. 103. PRESERVATION OF HISTORICAL ARTIFACTS, DOCUMENTS, RECORDS, AND
REPORTS.
(a) Finding.--Congress finds that the artifacts, documents,
records, and reports that are in the permanent possession of the
National Park Service for the purposes of ongoing management and
administration of the units of the National Park System--
(1) are of great value to the people of the United States;
and
(2) reveal the natural and human history of the United
States and the National Park System.
(b) Preservation and Organization of Documents, Records, and
Reports.--The Secretary shall ensure, to the maximum extent
practicable, that each artifact, document, record, and report described
in subsection (a) is--
(1) housed, secured, and maintained by the National Park
Service in accordance with professional archival and curatorial
standards to ensure the long-term preservation of the artifact,
document, record, or report; and
(2) organized and made available by the National Park
Service to persons researching the natural and human history of
the United States in accordance with professional archival
standards, taking into consideration--
(A) the condition of the artifact, document,
record, or report; and
(B) the potential effect that any use of the
artifact, document, record, or report may have on the
preservation of the artifact, document, record, or
report.
SEC. 104. REPORT ON VISITATION AND USE.
Not later than 1 year after the date of enactment of this Act, and
every 5 years thereafter, the Secretary shall submit to Congress a
report that describes--
(1) any projected increases or decreases in visitation, use
of, and demographic patterns at national parks (including park
services) through the later of--
(A) December 31, 2010; or
(B) the date that is 10 years after the date of
submission of the report; and
(2) any additional resources, including personnel and
facilities, that would be required by the National Park Service
to accommodate any change in visitation and use of national
parks described in paragraph (1).
SEC. 105. ASSESSMENT OF OUTSIDE THREATS TO UNITS OF THE NATIONAL PARK
SYSTEM.
(a) In General.--Not later than 2 years after the date of enactment
of this act, the Secretary shall submit to Congress a report on the
units of the National Park System that face the most serious impacts on
resources of the units from proposed actions, factors, or occurrences
outside unit boundaries.
(b) Contents.--The report under subsection (a) shall--
(1) describe the nature of the impacts; and
(2) recommend corrective action that would reduce or
eliminate the impacts on unit resources.
SEC. 106. MARINE RESOURCE PROTECTION AND RESTORATION STUDY.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall conduct a study of the natural and
cultural marine resources in units of the National Park System.
(b) Requirements.--The study shall--
(1) identify natural and cultural resources in marine
environments that are of national significance;
(2) provide a list of those resources that--
(A) are threatened or endangered; or
(B) require frequent maintenance from individuals
with specialized skills;
(3) identify options for protection and restoration of
those resources; and
(4) identify a program to carry out the necessary
protection and restoration activities.
(b) Report.--Not later than 2 years after the date on which funds
are made available to carry out this section, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives a report
on the study.
TITLE II--FINANCIAL RESOURCES
SEC. 201. NONAPPROPRIATED FUND INSTRUMENTALITIES PROGRAM DEVELOPMENT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of the Interior shall submit to Congress a
report on the use of nonappropriated fund instrumentalities for the
benefit of the National Park System.
(b) Requirements.--The report shall describe--
(1) a program that would enable the Secretary to establish
and manage nonappropriated fund instrumentalities in the
National Park System for--
(A) large-scale improvements and other
construction;
(B) maintenance activities, including the
rehabilitation or replacement of facilities to--
(i) preserve and protect park resources;
and
(ii) facilitate visitation; and
(C) other purposes the Secretary determines
appropriate; and
(2) any changes to laws (including regulations) that govern
the Federal budget process that are necessary to enable the
Secretary to implement the program described in the report.
SEC. 202. RECREATIONAL FEE PROGRAM.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' means--
(A) the National Park Service;
(B) the United States Fish and Wildlife Service;
(C) the Bureau of Land Management; and
(D) the Forest Service.
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to the Department of the Interior,
the Secretary of the Interior, acting through--
(i) the Director of the National Park
Service;
(ii) the Director of the United States Fish
and Wildlife Service; or
(iii) the Director of the Bureau of Land
Management; and
(B) with respect to the Department of Agriculture,
the Secretary of Agriculture, acting through the Chief
of the Forest Service.
(b) Program.--Notwithstanding section 4 of the Land and Water
Conservation Fund Act (16 U.S.C. 460l-6a), effective beginning on
October 1, 2002, the Secretary--
(1) may establish, charge, and collect fees for--
(A) admission to an area, site, or project on land
under the jurisdiction of an agency; and
(B) the use of a recreation area, site, facility,
visitor center, equipment, and service (including a
reservation) of an agency by an individual or a group;
(2) in establishing a fee under this section, shall--
(A) ensure, to the maximum extent practicable, that
the fee is fair and equitable, by taking into
consideration--
(i) the direct and indirect cost of the fee
to the Federal Government;
(ii) the revenue benefits to the Federal
Government;
(iii) the benefits to the visitor derived
from fees;
(iv) the cumulative effect of fees charged
to the public;
(v) the public policy or management
objectives served by charging the fee;
(vi) the comparable recreation fees charged
by other public agencies;
(vii) the economic and administrative
feasibility of fee collection; and
(viii) other pertinent factors; and
(B) require that any implementation or alteration
of a recreation fee shall be approved in advance by a
board of review, to be appointed by the Secretary;
(3) may enter into contracts, which may provide for
reasonable commissions or reimbursements, with any public or
private entity to provide fee collection and processing
services;
(4) may authorize the use of volunteers to collect fees
charged under paragraph (1);
(5) may sell and accept--
(A) Golden Eagle Passports, Golden Age Passports,
and Golden Access Passports, established under
paragraphs (1), (4), and (5), respectively, of section
4(a) of the Land and Water Conservation Fund Act (16
U.S.C. 460l-6a); and
(B) National Park Passports established under
section 602 of the National Parks Omnibus Management
Act of 1998 (16 U.S.C. 5992); and
(6) may develop, sell, and accept single or multiagency
passports.
(c) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with other Federal agencies and State, local,
and tribal governments to collect fees at areas, sites, or projects
located on land under the jurisdiction of the Secretary or the other
Federal agency, State, local, or tribal government.
(d) Discounted or Free Admission or Use.--In establishing a fee
under this section, the Secretary may provide discounted or free
admission or use, as determined to be appropriate by the Secretary, for
individuals or groups including--
(1) persons 17 years of age or younger;
(2) volunteers;
(3) groups from schools or other bona fide educational
institutions in cases in which admission or use is for
educational purposes; and
(4) other entities or individuals that the Secretary
determines to be appropriate.
(e) Administration.--The Secretary may promulgate such regulations
as are necessary to carry out this section.
(f) Distribution of Receipts.--
(1) In general.--Fees collected under subsection (a)
shall--
(A) be deposited in a special account in the
Treasury established for each agency that collects fees
under this section; and
(B) remain available to the Secretary without
further Act of appropriation until expended.
(2) Distribution.--
(A) Use of fees at collection sites.--
(i) In general.--Not less than 60 percent,
nor more than 80 percent, of amounts collected
as fees at a specific area, site, or project,
as determined by the Secretary, shall remain
available for use at the specific area, site,
or project at which the fees were collected.
(ii) Applicable percentage.--The Secretary
shall determine the applicable percentage of
amounts to be retained at the collection site under clause (i) based on
the demonstrated need of the site compared to the overall needs of the
National Park System.
(B) Use of fees at noncollection sites.--
(i) In general.--The amounts collected as
fees at a specific area, site, or project that
are not distributed in accordance with
subparagraph (A) shall remain available for use
by each agency that collected the fees, on an
agency-wide basis.
(ii) Use by agency.--Amounts under clause
(i) shall be distributed for use in accordance
with subsection (g)(1) to units of each agency
having the greatest need for funds, as
determined by the Secretary.
(C) Disbursement under cooperative agreement.--
(i) In general.--A cooperative agreement
described in subsection (c) may provide for an
initial disbursement of fees collected under
the agreement to parties to the agreement.
(ii) Remaining amounts.--Fees collected
under clause (i) that are retained by an agency
shall be distributed under subparagraphs (A)
and (B).
(D) Report.--
(i) In general.--Not later than July 1,
2002, and each July 1 of each year thereafter,
the Secretary shall submit to the appropriate
congressional committees a report on the
distribution of receipts under this subsection.
(ii) Requirements.--The report shall
include--
(I) a list of all areas, sites, or
projects collecting fees;
(II) an estimate of revenue
collected at each area, site, or
project;
(III) the distribution of receipts
between the collecting area, site, or
project and the agency account; and
(IV) the totals for subclauses (II)
and (III).
(g) Expenditures.--
(1) In general.--Amounts available under subsection
(f)(2)(A) for expenditure at a specific area, site, or
project--
(A) shall be accounted for separately; and
(B) may be used for--
(i) repair, maintenance, facility
enhancement, and infrastructure (including
projects relating to visitor enjoyment, visitor
health and safety, visitor access, and
environmental compliance);
(ii) interpretation, visitor information,
visitor services, and signage;
(iii) enhancement of habitat;
(iv) assessment, protection, preservation,
and restoration of natural, cultural, and
historical resources;
(v) law enforcement relating to public use;
and
(vi) direct operating or capital costs
associated with the fee system authorized by
this section, including--
(I) the costs of fee collections;
(II) the costs of notification of
fee requirements;
(III) the costs of direct
infrastructure;
(IV) fee management administrative
costs;
(V) the costs of the bonding of
volunteers;
(VI) start-up costs; and
(VII) the costs of analysis and
reporting of program accomplishments
and impacts.
(2) Remaining amounts.--Amounts available under subsection
(f)(2)(B) for expenditure agency-wide--
(A) shall be accounted for separately; and
(B) may be used for the purposes described in
paragraph (1) for areas, sites, or projects selected by
each agency.
(3) Prioritization of projects.--In prioritizing
expenditures under this subsection for projects, an agency
should give priority to deferred maintenance projects.
(h) Signage and Information at Recreation Fee Project Sites.--
(1) In general.--The Secretary shall develop, and require
the display of, consistent signage at each unit where work is
being performed or services are being provided using recreation
fee revenues.
(2) Use.--Signs developed under paragraph (1) shall--
(A) inform park visitors of examples of their
``recreation fees at work'';
(B) include a contact number and an Internet
address where the public may access additional
information about the recreation fee program; and
(C) be presented in such a way as to inform
visitors that recreation fees--
(i) are used at the site from which they
are collected; and
(ii) are appreciated by the agency and
other visitors.
(i) Enforcement and Protection of Receipts.--
(1) In general.--
(A) Enforcement.--The Secretary shall enforce
payment of the fees authorized by this section.
(B) Evidence of nonpayment.--If the display of
proof of payment of a fee, or the payment of a fee
within a certain time period, is required, failure to
display the proof or pay within the time specified shall be considered
prima facia evidence of nonpayment.
(C) Vehicular violations.--The registered owner and
occupants of a vehicle charged for a violation
involving the vehicle shall be jointly liable for
penalties imposed under this subsection, unless the
owner can show that the vehicle was used without the
express or implied permission of the owner.
(2) Fee collection devices.--It shall be unlawful for a
person to--
(A) break into;
(B) tamper with; or
(C) attempt to break into;
with the intent to commit larceny, any device or structure
used, in whole or in part, to collect or store fees under this
section.
(3) Penalty.--
(A) In general.--A violation relating to a payment
of a fee described in paragraph (1) shall be punishable
as a Class B misdemeanor.
(B) Fee collection devices.--A violation of
paragraph (2) shall be punishable--
(i) as a Class B misdemeanor, if the
violation results in a loss to the Federal
Government in an amount that is less than
$10,000; or
(ii) as a Class A misdemeanor, if the
violation results in a loss to the Federal
Government in an amount of $10,000 or more.
(j) Funds For Operation and Maintenance.--Income derived from fees
collected under this Act shall not be used to displace any funds
requested in any budget submission for--
(1) the National Park Service;
(2) the United States Fish and Wildlife Service; or
(3) the Bureau of Land Management.
(k) No Accounting as Revenue Allocations.--Amounts collected under
this section shall not be taken into account for purposes of--
(1) section 33 of the Act of July 22, 1937 (commonly known
as the ``Bankhead-Jones Farm Tenant Act'') (7 U.S.C. 1012);
(2) the Act of May 23, 1908 (16 U.S.C. 500);
(3) section 13 of the Act of March 1, 1911 (commonly known
as ``Weeks Law'') (16 U.S.C. 500);
(4) the Act of March 4, 1913 (16 U.S.C. 501 et seq.);
(5) section 401 of the Act of June 15, 1935 (16 U.S.C
715s);
(6) chapter 69 of title 31, United States Code;
(7) the Act of June 14, 1926 (43 U.S.C. 869-4);
(8) section 6 of the Act of May 24, 1939 (43 U.S.C. 1181f
et seq.);
(9) title II of the Act of August 8, 1937 (43 U.S.C. 1181f-
1 et seq.); and
(10) any other provision of law relating to revenue
allocations.
SEC. 203. CHALLENGE COST SHARE PROJECTS.
Section 814(g) of Public Law 104-333 (16 U.S.C. 1f) is amended--
(1) in paragraph (1)(A), by striking ``in carrying out''
and all that follows through ``Trail.'' and inserting the
following: ``in carrying out--
``(i) any authorized function or
responsibility of the Secretary of the Interior
with respect to any unit or program of the
National Park System (as defined in section
2(a) of the Act of August 8, 1953 (16 U.S.C.
1c(a))), any affiliated area, or any designated
National Scenic or Historic Trail; or
``(ii) any project related to a program of
the National Park Service that--
``(I) is mutually beneficial to the
Secretary and the cooperator; and
``(II) enhances 1 or more
activities or services of the National
Park Service.'';
(2) in paragraph (3)--
(A) by striking ``in carrying out'' and inserting
the following:
``(A) In general.--In carrying out''; and
(B) by adding at the end the following:
``(B) Matching requirement.--
``(i) Federal share.--Except as provided in
clause (iii), the Federal share of the cost of
carrying out a project under this subsection
shall be not more than 50 percent.
``(ii) Non-federal match.--The non-Federal
share of the cost of carrying out a project
under this subsection may be provided in cash
or in kind, including real or personal property
or volunteer labor.
``(iii) Federal agency cooperator.--In a
case in which a cooperator in an agreement
under this subsection is a Federal agency--
``(I) the Federal share of the cost
of carrying out a project under this
subsection may be greater than 50
percent;
``(II) the Secretary may enter into
a cost-sharing agreement with the
Federal agency cooperator; and
``(III) the appropriated funds of
the Federal agency cooperator may be
used to pay the matching share required
under this subparagraph.''; and
(3) by adding at the end the following:
``(4) Federal authority.--
``(A) In general.--This subsection shall not apply
to any project described in paragraph (1)(A), the
resources for which are provided solely by a
cooperator.
``(B) No federal employee status.--Nothing in this
subsection, and nothing under any agreement under this
subsection, shall convey to any employee of a
cooperator Federal employee status for the purpose of
liability coverage.
``(5) Preference for projects.--In entering into an
agreement for a project under this subsection, the Secretary
shall give preference to agreements for projects that--
``(A) preserve or restore the natural, cultural, or
historical resources of a unit of the National Park
System;
``(B) assist in the preservation or restoration of
nationally significant buildings, sites, or objects
that are not within the National Park System; or
``(C) provide new or improved opportunities for
people of the United States to enjoy, or learn about
natural resources or cultural heritage through,
programs of the National Park Service.''.
TITLE III--HUMAN RESOURCES FOR NATIONAL PARKS
SEC. 301. ESTABLISHMENT OF PILOT PROGRAM.
(a) Finding.--Congress finds that the National Park Service must be
able to attract and retain professionals with the expertise necessary
to address its core missions of resource preservation and education,
including professionals with expertise in areas, such as business
management, who are not typically attracted to careers in the National
Park Service.
(b) Pilot Program.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, in coordination with appropriate
nonprofit organizations, the Secretary of the Interior
(referred to in this section as the ``Secretary'') shall
establish a pilot program, to be known as the ``Professionals
for Parks Program''.
(2) Goals.--The goals of the program under paragraph (1)
shall be to--
(A) increase outreach to prospective employees
completing graduate-level public administration and
business management programs; and
(B) to provide for a permanent Federal intake
program to place qualified employee candidates in
middle and upper management positions on administrative
staffs in the National Park Service.
(3) Student loan phase-out.--To encourage participation in
the pilot program under paragraph (1), the Secretary shall
prepare a plan to administer, in accordance with section 5379
of title 5, United States Code, a student loan phase-out
program through which a student that completes a graduate-level
management program and accepts an offer of employment with the
National Park Service may receive graduated assistance in
repaying student loan debt.
(c) Report.--Not later than 5 years after the date of
implementation of the program under subsection (b)(1), the Secretary
shall--
(1) review the program; and
(2) submit to Congress a report that describes any
recommendations for the continuance of the program.
SEC. 302. IDENTIFICATION OF PARK MANAGEMENT POSITION REQUIREMENTS.
(a) Findings.--Congress finds that--
(1) the duties of a superintendent of, and other leadership
positions in, a unit of the National Park System, including the
exercise of decisionmaking authority, have increased in scope
and complexity; and
(2) the National Park Service faces challenges in hiring
individuals that possess qualities and qualifications, such as
accountability and skills in decisionmaking, that are required
of National Park managers.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Director of the Office of Personnel Management shall
submit to Congress a report that--
(1) identifies the core qualifications, including any
specific knowledge, skills, or abilities, that are required of
an individual to successfully carry out the position of
superintendent of, or other management position in, a unit of
the National Park System;
(2) recommends qualifications, including appropriate
education, experience, and other factors, that are appropriate
for National Park superintendent and other management
positions; and
(3) describes any changes to Federal personnel regulations
that are necessary to improve the recruitment, hiring,
promotion, remuneration, and retention of qualified National
Park superintendents and other managers.
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