[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3398 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3398

To provide for several critical National Park Service authorities, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2012

Mr. Bingaman (by request) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for several critical 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.

    This Act may be cited as the ``National Park Service Critical 
Authorities Act of 2012''.

SEC. 2. DISTRICT OF COLUMBIA SNOW REMOVAL.

    The Act of September 16, 1922 (42 Stat. 845, chapter 318) is 
amended by striking section 3 and inserting the following:

``SEC. 3. DUTIES OF FEDERAL AGENCIES.

    ``(a) In General.--It shall be the duty of a Federal agency to 
remove, or cause to be removed, snow, sleet, or ice from any paved 
sidewalk or crosswalk within the fire limits of the District of 
Columbia that is--
            ``(1) in front of or adjacent to any building that is--
                    ``(A) owned by the United States; and
                    ``(B) under the jurisdiction of the Federal agency; 
                or
            ``(2) a public thoroughfare in front of, around, or through 
        any public square, reservation, or open space that is--
                    ``(A) owned by the United States; and
                    ``(B) under the jurisdiction of the Federal agency.
    ``(b) Timing.--The removal of snow, sleet, or ice under subsection 
(a) shall occur within a reasonable period after the snow or sleet 
ceases to fall or the ice has accumulated, as applicable.
    ``(c) Application of Sand, Ashes, and Salt.--If snow, sleet, or ice 
has hardened and cannot be removed from a sidewalk or crosswalk 
described in subsection (a), the Federal agency shall--
            ``(1) make the sidewalk or crosswalk reasonably safe for 
        travel by applying sand, ashes, salt, or other acceptable 
        materials to the affected sidewalk or crosswalk; and
            ``(2) as soon as practicable, thoroughly remove the snow, 
        sleet, or ice from the affected sidewalk or crosswalk.
    ``(d) Authority To Delegate.--A Federal agency may delegate the 
duty of the Federal agency under subsections (a) and (c) to another 
governmental entity or a nongovernmental entity under a lease, 
contract, or other comparable arrangement.
    ``(e) Agreement.--If 2 or more Federal agencies have overlapping 
responsibility for a sidewalk or crosswalk, the Federal agencies may 
enter into an agreement assigning responsibility for the removal of 
snow, sleet, or ice from the sidewalk or crosswalk.''.

SEC. 3. GEORGE WASHINGTON MEMORIAL PARKWAY.

    (a) Purpose.--The purpose of this section is to authorize, direct, 
facilitate, and expedite the transfer of administrative jurisdiction 
over certain Department of Transportation land and Department of the 
Interior land in accordance with the terms and conditions of this 
section.
    (b) Definitions.--In this section:
            (1) Agreement.--The term ``Agreement'' means the agreement 
        entered into by the Federal Highway Administration and the 
        National Park Service on September 11, 2002, with respect to 
        the Federal land described in this section.
            (2) DOI land.--The term ``DOI land'' means the 
        approximately 0.342 acres of Department of the Interior land 
        that is--
                    (A) located within the boundary of the George 
                Washington Memorial Parkway; and
                    (B) generally depicted as ``B'' on the Map.
            (3) DOT land.--The term ``DOT land'' means the 
        approximately 0.479 acres of Department of Transportation land 
        within the boundary of the Research Center that is--
                    (A) adjacent to the boundary of the George 
                Washington Memorial Parkway; and
                    (B) generally depicted as ``A'' on the Map.
            (4) Map.--The term ``Map'' means the map entitled ``GWMP-
        Claude Moore Farm Proposed Boundary Adjustment'', numbered 850/
        82003, and dated April 2004.
            (5) Research center.--The term ``Research Center'' means 
        the Turner-Fairbank Highway Research Center of the Federal 
        Highway Administration.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (c) Administrative Jurisdiction.--
            (1) In general.--The Secretary may transfer to the 
        Secretary of Transportation administrative jurisdiction over 
        the DOI land in exchange for the transfer by the Secretary of 
        Transportation to the Secretary of administration jurisdiction 
        over the DOT land.
            (2) Use restriction.--
                    (A) In general.--The Secretary shall restrict the 
                use of the land described in subparagraph (B) by 
                prohibiting the storage, construction, or installation 
                of any item that may obstruct the view from the 
                Research Center to the George Washington Memorial 
                Parkway.
                    (B) Description of restricted land.--The land 
                referred to in subparagraph (A) is the approximately 
                0.139 acres of land within the boundary of the George 
                Washington Memorial Parkway immediately adjacent to the 
                north perimeter fence of the Research Center, generally 
                depicted as ``C'' on the Map.
            (3) No reimbursement or consideration.--No reimbursement or 
        consideration shall be required for the transfer of 
        administrative jurisdiction under this subsection.
            (4) Compliance with agreement.--
                    (A) In general.--The National Park Service and the 
                Federal Highway Administration shall comply with all 
                terms and conditions of the Agreement regarding the 
                transfer of administrative jurisdiction, management, 
                and maintenance of the land described in the Agreement.
                    (B) Access to restricted land.--
                            (i) In general.--Subject to clauses (ii) 
                        and (iii), the Secretary shall allow the 
                        Research Center to access the land described in 
                        paragraph (2)(B) for purposes of maintenance in 
                        accordance with National Park Service 
                        standards, including grass mowing, weed 
                        control, tree maintenance, fence maintenance, 
                        and maintenance of the visual appearance of the 
                        land.
                            (ii) Pruning and removal of tress.--No tree 
                        on the land described in paragraph (2)(B) that 
                        is 6 inches or more in diameter shall be pruned 
                        or removed without the advance written 
                        permission of the Secretary.
                            (iii) Pesticides.--The use of pesticides on 
                        the land described in paragraph (2)(B) shall be 
                        approved in writing by the Secretary prior to 
                        application of the pesticides.
            (5) Availability of map.--The Map shall be available for 
        public inspection in the appropriate offices of the National 
        Park Service.
    (d) Management of Transferred Land.--
            (1) DOT land.--The DOT land transferred to the Secretary 
        under subsection (c)(1) shall be--
                    (A) included in the boundaries of the George 
                Washington Memorial Parkway; and
                    (B) administered as part of the George Washington 
                Memorial Parkway, subject to applicable laws (including 
                regulations).
            (2) DOI land.--The DOI land transferred to the Secretary of 
        Transportation under subsection (c)(1) shall be--
                    (A) included in the boundary of the Research 
                Center; and
                    (B) removed from the boundary of the parkway.
            (3) Restricted-use land.--The land described in subsection 
        (c)(2)(B) shall be maintained by the Research Center.

SEC. 4. UNIFORM PENALTIES FOR VIOLATIONS ON PARK SERVICE LAND.

    (a) In General.--The first section of the Act of March 2, 1933 (47 
Stat. 1420, chapter 180), is amended by striking ``imprisonment.'' and 
inserting the following: ``imprisonment, unless the violation occurs at 
a park, site, monument, or memorial that is part of the National Park 
System, in which case the violation shall be subject to the appropriate 
penalty under section 3 of the National Park Service Organic Act (16 
U.S.C. 3) and subchapter C of chapter 227 of part II of title 18, 
United States Code.''.
    (b) Administration by Secretary of Interior.--Section 2(k) of the 
Act of August 21, 1935 (16 U.S.C. 462(k)), is amended by striking 
``proceedings.'' and inserting the following: ``proceedings, unless the 
violation occurs at an area that is part of the National Park System, 
in which case the violation shall be subject to the appropriate penalty 
under section 3 of the National Park Service Organic Act (16 U.S.C. 3) 
and subchapter C of chapter 227 of part II of title 18, United States 
Code.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>