II 112th CONGRESS 2d Session S. 3398 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.

1.

Short title

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

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:

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.

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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.

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..

5.

Authorization of appropriations

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