[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3804 Reported in Senate (RS)]
Calendar No. 546
111th CONGRESS
2d Session
H. R. 3804
[Report No. 111-276]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 8, 2009
Received; read twice and referred to the Committee on Energy and
Natural Resources
August 5, 2010
Reported by Mr. Bingaman, without amendment
_______________________________________________________________________
AN ACT
To make technical corrections to various Acts affecting the National
Park Service, to extend, amend, or establish certain National Park
Service authorities, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Park
Service Authorities and Corrections Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL PARK SERVICE AUTHORIZATIONS
Sec. 101. National Park System Advisory Board.
Sec. 102. National Park Service Concessions Management Advisory Board.
Sec. 103. National Park System uniform penalties.
Sec. 104. Volunteers in the parks.
TITLE II--PEARL HARBOR TICKETING
Sec. 201. Definitions.
Sec. 202. Facilitation of admission to historic attractions within
Pearl Harbor Naval Complex.
Sec. 203. Protection of resources.
TITLE III--CHANGES TO NATIONAL PARK UNITS
Sec. 301. George Washington Memorial Parkway.
Sec. 302. District of Columbia snow removal.
Sec. 303. Martin Luther King, Jr. National Historical Park.
Sec. 304. Lava Beds National Monument Wilderness boundary adjustment.
TITLE IV--TECHNICAL CORRECTIONS
Sec. 401. Baltimore National Heritage Area.
Sec. 402. Muscle Shoals National Heritage Area.
Sec. 403. Snake River headwaters.
Sec. 404. Taunton River.
Sec. 405. Cumberland Island National Seashore.
Sec. 406. Niagara Falls National Heritage Area.
TITLE I--NATIONAL PARK SERVICE AUTHORIZATIONS
SEC. 101. NATIONAL PARK SYSTEM ADVISORY BOARD.
Section 3(f) of the Act entitled, ``An Act to provide for the
preservation of historic American sites, buildings, objects, and
antiquities of national significance, and for other purposes'',
approved August 21, 1935 (16 U.S.C. 463(f)), is amended in the first
sentence by striking ``2010'' and inserting ``2020''.
SEC. 102. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT ADVISORY BOARD.
Section 409(d) of the National Park Service Concessions Management
Improvement Act of 1998 (Public Law 105-391) is amended by striking
``2009'' and inserting ``2019''.
SEC. 103. NATIONAL PARK SYSTEM UNIFORM PENALTIES.
(a) Fines and Imprisonment.--The first section of the Act entitled,
``An Act to provide for the protection of national military parks,
national parks, battlefield sites, national monuments, and
miscellaneous memorials under the control of the War Department'',
approved March 2, 1933 (47 Stat. 1420, ch. 180), is amended by striking
``such fine and imprisonment.'' and inserting ``such fine and
imprisonment; except if the violation occurs within a park, site,
monument, or memorial that is part of the National Park System, where
violations shall be subject to the penalty provision set forth in
section 3 of the Act of August 25, 1916 (16 U.S.C. 3; commonly known as
the `National Park Service Organic Act') and section 3571 of title 18,
United States Code.''.
(b) Cost of Proceedings.--Section 2(k) of the Act entitled, ``An
Act to provide for the preservation of historic American sites,
buildings, objects, and antiquities of national significance, and for
other purposes'', approved August 21, 1935 (16 U.S.C. 462(k)), is
amended by striking ``cost of the proceedings.'' and inserting ``cost
of the proceedings; except if the violation occurs within an area that
is part of the National Park System, where violations shall be subject
to the penalty provision set forth in section 3 of the Act of August
25, 1916 (16 U.S.C. 3; commonly known as the `National Park Service
Organic Act'), and section 3571 of title 18, United States Code.''.
SEC. 104. VOLUNTEERS IN THE PARKS.
Section 4 of the Volunteers in the Parks Act of 1969 (16 U.S.C.
18j) is amended by striking ``$3,500,000'' and inserting
``$10,000,000''.
TITLE II--PEARL HARBOR TICKETING
SEC. 201. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Pearl harbor historic site.--The term ``Pearl Harbor
historic site'' means a historic attraction within the Pearl
Harbor Naval Complex, including the USS Bowfin Submarine Museum
and Park, the Battleship Missouri Memorial, the Pacific
Aviation Museum--Pearl Harbor, and any other historic
attraction that the Secretary identifies as a Pearl Harbor
historic site and that is not administered or managed by the
Secretary.
(3) Visitor center.--The term ``visitor center'' means the
visitor center located within the Pearl Harbor Naval Complex on
lands that are within the World War II Valor in the Pacific
National Monument and managed by the Secretary through the
National Park Service.
SEC. 202. FACILITATION OF ADMISSION TO HISTORIC ATTRACTIONS WITHIN
PEARL HARBOR NAVAL COMPLEX.
(a) In General.--The Secretary, in managing the World War II Valor
in the Pacific National Monument, may enter into an agreement with the
nonprofit organizations or other legally recognized entities that are
authorized to administer or manage a Pearl Harbor historic site--
(1) to allow visitors to a Pearl Harbor historic site to
gain access to the site by passing through security screening
at the Visitor Center; and
(2) to allow the sale of tickets to a Pearl Harbor historic
site within the Visitor Center by employees of the National
Park Service or by organizations that administer or manage a
Pearl Harbor historic site.
(b) Terms and Conditions.--In any agreement entered into pursuant
to this title, the Secretary--
(1) shall require the organization administering or
managing a Pearl Harbor historic site to pay to the Secretary a
reasonable fee to recover administrative costs associated with
the use of the Visitor Center for public access and ticket
sales, the proceeds of which shall remain available, without
further appropriation, for use by the National Park Service at
the World War II Valor in the Pacific National Monument;
(2) shall ensure the limited liability of the United States
arising from the admission of the public through the Visitor
Center to a Pearl Harbor historic site and the sale or issuance
of any tickets to the site; and
(3) may include any other terms and conditions the
Secretary deems appropriate.
(c) Limitation of Authority.--Under this title, the Secretary shall
have no authority--
(1) to regulate or approve the rates for admission to an
attraction within the Pearl Harbor historic site;
(2) to regulate or manage any visitor services of any
historic sites within the Pearl Harbor Naval Complex other than
at those sites managed by the National Park Service as part of
World War II Valor in the Pacific National Monument; or
(3) to charge an entrance fee for admission to the World
War II Valor in the Pacific National Monument.
SEC. 203. PROTECTION OF RESOURCES.
Nothing in this title authorizes the Secretary or any organization
that administers or manages a Pearl Harbor historic site to take any
action in derogation of the preservation and protection of the values
and resources of the World War II Valor in the Pacific National
Monument.
TITLE III--CHANGES TO NATIONAL PARK UNITS
SEC. 301. GEORGE WASHINGTON MEMORIAL PARKWAY.
(a) Purpose.--The purpose of this section is to authorize, direct,
facilitate, and expedite the transfer of administrative jurisdiction of
certain Federal land in accordance with the terms and conditions of
this section.
(b) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Research center.--The term ``Research Center'' means
the Federal Highway Administration's Turner-Fairbank Highway
Research Center.
(3) Farm.--The term ``Farm'' means the Claude Moore
Colonial Farm.
(4) Map.--The term ``Map'' means the map titled ``GWMP--
Claude Moore Proposed Boundary Adjustment'', numbered 850/
82003, and dated April 2004. The map shall be available for
public inspection in the appropriate offices of the National
Park Service, Department of the Interior.
(c) Administrative Jurisdiction Transfer.--
(1) Transfer of jurisdiction.--
(A) In general.--The Secretary and the Secretary of
Transportation are authorized to transfer
administrative jurisdiction for approximately 0.342
acre of land under the jurisdiction of the Department
of the Interior within the boundary of the George
Washington Memorial Parkway, generally depicted as
``B'' on the Map, for approximately 0.479 acre within
the boundary of the Research Center land under the
jurisdiction of the Department of Transportation
adjacent to the boundary of the George Washington
Memorial Parkway, generally depicted as ``A'' on the
Map.
(B) Use restriction.--The Secretary shall restrict
the use of 0.139 acre of land within the boundary of
the George Washington Memorial Parkway immediately
adjacent to part of the north perimeter fence of the
Research Center, generally depicted as ``C'' on the
Map, by prohibiting the storage, construction, or
installation of any item that may obstruct the view
from the Research Center into the George Washington
Memorial Parkway.
(2) Reimbursement or consideration.--The transfer of
administrative jurisdiction under this section shall occur
without reimbursement or consideration.
(3) Compliance with agreement.--
(A) Agreement.--The National Park Service and the
Federal Highway Administration shall comply with all
terms and conditions of the Agreement entered into by
the parties on September 11, 2002, regarding the
transfer of administrative jurisdiction, management,
and maintenance of the lands discussed in the
Agreement.
(B) Access to land.--The Secretary shall allow the
Research Center access to the land the Secretary
restricts under paragraph (1)(B) for purposes of
maintenance in accordance with National Park Service
standards, which includes grass mowing and weed
control, tree maintenance, fence maintenance, and
visual appearance. No tree 6 inches or more in diameter
shall be pruned or removed without the advance written
permission of the Secretary. Any pesticide use must be
approved in writing by the Secretary prior to
application of the pesticide.
(d) Management of Transferred Lands.--
(1) Interior land.--The land transferred to the Secretary
under subsection (c)(1) shall be included in the boundaries of
the George Washington Memorial Parkway and shall be
administered by the National Park Service as part of the
parkway subject to applicable laws and regulations.
(2) Transportation land.--The land transferred to the
Secretary of Transportation under subsection (c)(1) shall be
included in the boundary of the Research Center and shall be
removed from the boundary of the parkway.
(3) Restricted-use land.--The land the Secretary has
designated for restricted use under subsection (c)(1) shall be
maintained by the Research Center.
SEC. 302. DISTRICT OF COLUMBIA SNOW REMOVAL.
Section 3 of the Act entitled, ``An Act Providing for the removal
of snow and ice from the paved sidewalks of the District of Columbia'',
approved September 16, 1922 (Sec. 9-603, D.C. Official Code), is
amended to read as follows:
``Sec. 3. (a) It shall be the duty of a Federal agency to remove,
or cause to be removed, snow, sleet, or ice from paved sidewalks and
crosswalks within the fire limits of the District of Columbia that
are--
``(1) in front of or adjacent to buildings owned by the
United States and under such Federal agency's jurisdiction; or
``(2) public thoroughfares in front of, around, or through
public squares, reservations, or open spaces and that are owned
by the United States and under such Federal agency's
jurisdiction.
``(b) The snow, sleet, or ice removal required by subsection (a)
shall occur within a reasonable time period after snow or sleet ceases
to fall or after ice has accumulated. In the event that snow, sleet, or
ice has hardened and cannot be removed, such Federal agency shall--
``(1) make the paved sidewalks and crosswalks under its
jurisdiction described in subsection (a) reasonably safe for
travel by the application of sand, ashes, salt, or other
acceptable materials; and
``(2) as soon as practicable, thoroughly remove the snow,
sleet, or ice.
``(c)(1) The duty of a Federal agency described in subsections (a)
and (b) may be delegated to another governmental or nongovernmental
entity through a lease, contract, or other comparable arrangement.
``(2) If two or more Federal agencies have overlapping
responsibility for the same sidewalk or crosswalk they may enter into
an arrangement assigning responsibility.''.
SEC. 303. MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK.
(a) Amendments.--The Act entitled ``An Act to establish the Martin
Luther King, Junior, National Historic Site in the State of Georgia,
and for other purposes'', approved October 10, 1980 (Public Law 96-428;
94 Stat. 1839) is amended--
(1) in the first section, by striking ``the map entitled
`Martin Luther King, Junior, National Historic Site Boundary
Map', number 489/80,013B, and dated September 1992'' and
inserting ``the map titled `Martin Luther King, Jr. National
Historical Park', numbered 489/80,032, and dated April 2009'';
(2) by striking ``Martin Luther King, Junior, National
Historic Site'' each place it appears and inserting ``Martin
Luther King, Jr. National Historical Park''; and
(3) by striking ``historic site'' each place it appears and
inserting ``historical park''.
(b) References.--Any reference in any law (other than this Act),
map, regulation, document, record, or other official paper of the
United States to the ``Martin Luther King, Junior, National Historic
Site'' shall be considered to be a reference to the ``Martin Luther
King, Jr. National Historical Park''.
SEC. 304. LAVA BEDS NATIONAL MONUMENT WILDERNESS BOUNDARY ADJUSTMENT.
The first section of the Act of October 13, 1972 (Public Law 92-
493; 16 U.S.C. 1132 note), is amended in the first sentence--
(1) by striking ``That, in'' and inserting the following:
``Section 1. In''; and
(2) by striking ``ten thousand acres'' and all that follows
through the end of the sentence and inserting ``10,431 acres,
as depicted within the proposed wilderness boundary on the map
titled `Lava Beds National Monument, Proposed Wilderness
Boundary Adjustment', numbered 147/80,015, and dated September
2005, and those lands within the area generally known as the
`Schonchin Lava Flow', comprising approximately 18,029 acres,
as depicted within the proposed wilderness boundary on the map,
are designated as wilderness.''.
TITLE IV--TECHNICAL CORRECTIONS
SEC. 401. BALTIMORE NATIONAL HERITAGE AREA.
The Omnibus Public Land Management Act of 2009 (Public Law 111-11)
is amended--
(1) in sections 8005(b)(3) and 8005(b)(4) by striking
``Baltimore Heritage Area Association'' and inserting
``Baltimore City Heritage Area Association''; and
(2) in section 8005(i) by striking ``Effectiveness'' and
inserting ``Financial Assistance''.
SEC. 402. MUSCLE SHOALS NATIONAL HERITAGE AREA.
Section 8009(j) of the Omnibus Public Land Management Act of 2009
is amended by striking ``Effectiveness'' and inserting ``Financial
Assistance''.
SEC. 403. SNAKE RIVER HEADWATERS.
Section 5002(c)(1) of the Omnibus Public Land Management Act of
2009 is amended by striking ``paragraph (205) of section 3(a)'' each
place it appears and inserting ``paragraph (206) of section 3(a)''.
SEC. 404. TAUNTON RIVER.
Section 5003(b) of the Omnibus Public Land Management Act of 2009
is amended by striking ``section 3(a)(206)'' each place it appears and
inserting ``section 3(a)(207)''.
SEC. 405. CUMBERLAND ISLAND NATIONAL SEASHORE.
Section 6(b) of the Act titled ``An Act to establish the Cumberland
Island National Seashore in the State of Georgia, and for other
purposes'' (Public Law 92-536) is amended by striking ``physiographic
conditions not prevailing'' and inserting ``physiographic conditions
now prevailing''.
SEC. 406. NIAGARA FALLS NATIONAL HERITAGE AREA.
Section 427(k) of the Consolidated Natural Resources Act of 2008
(Public Law 110-229) is amended by striking ``Except as provided for
the leasing of administrative facilities under subsection (g)(1), the''
and inserting ``The''.
Calendar No. 546
111th CONGRESS
2d Session
H. R. 3804
[Report No. 111-276]
_______________________________________________________________________
AN ACT
To make technical corrections to various Acts affecting the National
Park Service, to extend, amend, or establish certain National Park
Service authorities, and for other purposes.
_______________________________________________________________________
August 5, 2010
Reported without amendment