[Congressional Record Volume 141, Number 2 (Thursday, January 5, 1995)]
[Extensions of Remarks]
[Pages E46-E48]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


              THE NATIONAL PARK SYSTEM REFORM ACT OF 1995

                                 ______


                            HON. JOEL HEFLEY

                              of colorado

                    in the house of representatives

                       Wednesday, January 4, 1995
  Mr. HEFLEY. Mr. Speaker, today I rise to reintroduce the National 
Park Reform Act of 1995. Except for three small changes, this bill is 
identical to H.R. 4476, which passed the House by a vote of 421 to 0 
last year.
  Over the past few months, my friend and colleague, the gentleman from 
Utah [Mr. Hansen], has generated a great deal of comment in the West by 
suggesting that some of the Nation's 368 national parks are not worthy 
of being in the Park System and that, perhaps, we should look at 
unloading some of them. His suggestion has not been entirely well 
received and he is now being charged with trying to destroy the Park 
System. But, to play the devil's advocate, hasn't he got a point?
  [[Page E47]] Over the past few years, Congress has gotten into the 
habit of willy-nilly creating national parks. So many, in fact, that 
some of the newer ones have never been funded while others, some the 
crown jewels of the National Park System, must bear up under a 
multibillion backlog. As a result, we have a leaky roof and failing 
electrical system at Independence Hall in Philadelphia, poor road 
conditions along Skyline Drive in Virginia and park rangers living in 
what NPS Director Roger Kennedy terms ``Third-World conditions.'' 
Meanwhile, we have designated park sites without historical merit and 
have created others more for urban economic development that for 
preserving the natural and cultural fabric of the United States. 
Something must change and
 this bill is a step toward doing that.

  The National Park System Reform Act gives the NPS director 1 year to 
develop a plan to carry the Park Service into the next century--a plan 
which includes goals and objectives, an inventory of what is 
represented and criteria for selection and numerical priorities for 
both urban and non-urban parks. It requires the Park Service to review 
its holdings, ensures that everything there belongs there and examines 
alternative forms of management for those that do not. If the Park 
Service fails to carry out this mission within 1 year, a blue-ribbon 
panel, similar to the base-closure commission, will be appointed for a 
2-year period to develop its own report.
  Three changes have been made from last year's bill, the first, a 
minor change adding open space preservation to the Park Service study, 
and two others, dealing with compliance with the National Environmental 
Protection Act.
  Now I suppose, if one wanted to dwell upon the negative, one could 
label this a park-closing bill. But that would be ignoring the positive 
aspects of this legislation. Successful implementation of this bill 
might result in the closure of a handful of parks and could realize 
significant monetary savings and would ensure a Park System whose 
holdings are meaningful--the result of a careful screening process, not 
political clout. In short, it would ensure that taxpayers got their 
money's worth from the Park System.
  Could this bill be more stringent? Yes, but is it necessary to be 
more stringent. There has been some skepticism that the Park Service 
can clean its own house. That is for the hearing process to decide. But 
here we have a truly bipartisan bill, the result of sometimes arduous 
wrangling between the House Natural Resources Committee and the Park 
Service and between the gentleman from Minnesota [Mr. Vento] and 
myself. This is as true a bipartisan bill as you are likely to see in 
your lifetime. If we need a stronger posture, then this bill can be 
amended. That is what the hearing process is for.
  In any event, we must not wait to start. I feel strongly that the 
National Park System Reform Act is something we should enact quickly, 
before the end of the 100 days. With every passing day our Park System, 
the world's object of envy, grows more pallid for lack of sufficient 
funds. We are in danger of loving our parks to death. But if you truly 
love parks, you will work to make them the best they can be. The 
National Parks System Reform Act will do this. I strongly urge your 
support and your cosponsorship.
                                H.R. --

       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 System Reform 
     Act of 1995''.

                   TITLE I--NATIONAL PARK SYSTEM PLAN

     SEC. 101. PREPARATION OF NATIONAL PARK SYSTEM PLAN.

       (A) Preparation of Plan.--The Secretary of the Interior 
     (hereinafter in this Act referred to as the ``Secretary''), 
     acting through the Director of the National Park Service, 
     shall prepare a National Park System Plan (hereinafter in 
     this Act referred to as the ``plan'') to guide the direction 
     of the National Park System into the next century. The plan 
     shall include each of the following:
       (1) A statement of goals and objectives for use in defining 
     the mission and role of the National Park Service in 
     preserving our national natural and cultural heritage, 
     relative to other efforts at the Federal, State, local, and 
     private levels.
       (2) Detailed criteria to be used in determining which 
     natural and cultural resources are appropriate for inclusion 
     as units of the National Park System.
       (3) Identification of what constitutes adequate 
     representation of a particular resource type and which 
     aspects of the national heritage are adequately represented 
     in the existing National Park System or in other protected 
     areas.
       (4) Identification of appropriate aspects of the national 
     heritage not currently represented in the National Park 
     System.
       (5) Priorities of the themes and types of resources which 
     should be added to the National Park System in order to 
     provide more complete representation of our Nation's 
     heritage.
       (6) A statement of the role of the National Park Service 
     with respect to such topics as preservation of natural areas 
     and ecosystems, preservation of industrial America, 
     preservation of nonphysical cultural resources, open space 
     preservation, and provision of outdoor recreation 
     opportunities.
       (7) A statement of what areas constitute units of the 
     National Park System and the distinction between units of the 
     system, affiliated areas, and other areas within the system.
       (b) Consultation.--During the preparation of the plan under 
     subsection (a), the Secretary shall consult with other 
     Federal land managing agencies, State and local officials, 
     the National Park System Advisory Board, resource management, 
     recreation and scholarly organizations and other interested 
     parties as the Secretary deems advisable. These consultations 
     shall also include appropriate opportunities for public 
     review and comment.
       (c) Transmittal to Congress.--Prior to the end of the third 
     complete fiscal year commencing after the date of enactment 
     of this Act, the Secretary shall transmit the plan developed 
     under this section to the Committee on Natural Resources of 
     the United States House of Representatives and the Committee 
     on Energy and Natural Resources of the United States Senate.

     SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK SYSTEM.

       (a) Review.--(1) Using the National Park System Plan 
     prepared pursuant to section 101 as a guide, the Secretary 
     shall review the existing National Park System to determine 
     whether there are more appropriate alternatives for managing 
     specific units or portions of units within the system, 
     including partnerships or direct management by States, local 
     governments, other agencies and the private sector. The 
     Secretary shall develop a report which contains a list of 
     areas within the National Park System where National Park 
     Service management should be modified or terminated.
       (2) In developing the list under paragraph (1), the 
     Secretary shall consider such factors as duplication within 
     the National Park System, better representation of a 
     particular resource type under management of another entity, 
     lack of significance, lack of management feasibility, cost, 
     lack of visitor accessibility, modifications that change the 
     character of the resource, lack of collaboration to protect 
     resources, suitability for management by another agency, and 
     the compatibility of the resource with the present mission 
     and role of the National Part Service.
       (3) For any areas for which termination of National Park 
     Service management is recommended, the Secretary shall make 
     recommendations regarding management by an entity or entities 
     other than the National Park Service. For any area determined 
     to have national significance, prior to including such area 
     on the list under paragraph (1) the Secretary shall identify 
     feasible alternatives to National Park Service management 
     which will protect the resources thereof and assure continued 
     public access thereto.
       (b) Consultation.--In developing the list referred to in 
     subsection (a), the Secretary shall consult with other 
     Federal land managing agencies, State and local officials, 
     the National Park System Advisory Board, resource management, 
     recreation and scholarly organizations and other interested 
     parties as the Secretary deems advisable. These consultations 
     shall also include appropriate opportunities for public 
     review and comment.
       (c) Transmittal to Congress.--Not later than 1 year after 
     the Secretary completes the plan referred to in
      section 101 of this Act, the Secretary shall transmit the 
     report developed under this section simultaneously to the 
     Natural Resources Committee of the United States House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the United States Senate. The report shall 
     contain the recommendations of the Secretary concerning 
     modifications or termination of National Park Service 
     management for any areas within the National Park System 
     and the recommendations regarding alternative management 
     by an entity or entities other than the National Park 
     Service.

     SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION.

       (a) Establishment of Commission.--If the Secretary fails to 
     transmit the report developed under section 102 within the 1-
     year period specified in section 102, a National Park System 
     Review Commission shall be established to review existing 
     National Park System units to determine whether there are 
     more appropriate alternatives for managing specific units or 
     portions thereof. Within one year after the date of its 
     establishment, the Commission shall prepare and transmit to 
     the Natural Resources Committee of the United States House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the United States Senate a report containing a 
     list of National Park System units or portions thereof where 
     National Park Service management should be modified or 
     terminated. In developing the list, the Commission shall 
     consider the factors referred to in section 102(a)(2). For 
     any listed areas, the Commission shall suggest alternative 
     management by an entity or entities other than the National 
     Park Service, and for any area determined to have national 
     significance, prior to including such area on the list the 
     Commission shall identify feasible alternatives to National 
     Park Service management which will protect the resources of 
     [[Page E48]] the area and assure continued public access to 
     thereto. In developing the list, the Commission shall consult 
     with other Federal land managing agencies, State and local 
     officials, the National Park System Advisory Board, resource 
     management, recreation and scholarly organizations and other 
     interested parties as the Secretary deems advisable. These 
     consultations shall also include appropriate opportunities 
     for public review and comment.
       (b) Membership and Appointment.--The Commission shall 
     consist of 7 members each of whom shall have substantial 
     familiarity with, and understanding of, the National Park 
     System. Three members of the Commission, one of whom shall be 
     the Director of the National Park Service, shall be appointed 
     by the Secretary. Two members shall be appointed by the 
     Speaker of the United States House of Representatives and two 
     shall be appointed
      by the President Pro Tem of the United States Senate. Each 
     member shall be appointed within 3 months after the 
     expiration of the 1-year period specified in section 
     102(c).
       (c) Chair.--The Commission shall elect a chair from among 
     its members.
       (d) Vacancies.--Vacancies occurring on the Commission shall 
     not affect the authority of the remaining members of the 
     Commission to carry out the functions of the Commission. Any 
     vacancy in the Commission shall be promptly filled in the 
     same manner in which the original appointment was made.
       (e) Quorum.--A simple majority of Commission members shall 
     constitute a quorum.
       (f) Meetings.--The Commission shall meet at least quarterly 
     or upon the call of the chair or a majority of the members of 
     the Commission.
       (g) Compensation.--Members of the Commission shall serve 
     without compensation as such. Members of the Commission, when 
     engaged in official Commission business, shall be entitled to 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in 
     government service under section 5703 of title 5, United 
     States Code.
       (h) Termination.--The Commission established pursuant to 
     this section shall terminate 90 days after the transmittal of 
     the report to Congress as provided in subsection (a).
       (i) Limitation on National Park Service Staff.--The 
     Commission may hire staff to carry out its assigned 
     responsibilities. Not more than one-half of the professional 
     staff of the Commission shall be made up of current employees 
     of the National Park Service.
       (j) Staff of Other Agencies.--Upon the request of the 
     Commission, the head of any Federal agency may detail, on a 
     reimbursable basis, any of the personnel of such agency to 
     the Commission to assist the Commission.
       (k) Experts and Consultants.--Subject to such rules as may 
     be adopted by the Commission, the Commission may procure 
     temporary and intermittent services to the same extent as 
     authorized by section 3109(b) of title 5, United States Code, 
     but at rates determined by the Commission to be advisable.
       (l) Powers of the Commission.--(1) The Commission shall for 
     the purpose of carrying out this title hold such public 
     hearings, sit and act at such times and places, take such 
     testimony, and receive such evidence as the Commission deems 
     advisable.
       (2) The Commission may make such bylaws, rules, and 
     regulations, consistent with this title, as it considers 
     necessary to carry out its functions under this title.
       (3) When so authorized by the Commission any member or 
     agent of the Commission may take any action which the 
     Commission is authorized to take by this section.
       (4) The commission may use the United States mails in the 
     same manner and upon the same conditions as other departments 
     and agencies of the United States.
       (5) The Secretary shall provide to the Commission any 
     information available to the Secretary and requested by the 
     Commission regarding the plan referred to in section 101 and 
     any other information requested by the Commission which is 
     relevant to the duties of the Commission and available to the 
     Secretary.

     SEC. 104. NEPA.

       The provisions of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) shall not apply to the 
     preparation of any report pursuant to section 102 or 103 of 
     this Act.

                    TITLE II--NEW AREA ESTABLISHMENT

     SEC. 201. STUDY OF NEW PARK SYSTEM AREAS.

       Section 8 of the Act of August 18, 1970, entitled ``An Act 
     to improve the Administration of the National Park System by 
     the Secretary of the Interior, and to clarify the authorities 
     applicable to the system, and for other purposes'' (16 U.S.C. 
     1a-1 and following) is amended as follows:
       (1) By inserting ``General Authority.--'' after ``(a)''.
       (2) By striking the second through the sixth sentences of 
     subsection (a).
       (3) By redesignating the last sentence of subsection (a) as 
     subsection (e) and inserting in such sentence before the 
     words ``For the purposes of carrying'' the following: ``(e) 
     Authorization of Appropriations.--''.
       (4) By striking subsection (b).
       (5) By inserting the following after subsection (a):
       ``(b) Studies of Areas for Potential Addition.--(1) At the 
     beginning of each calendar year, along with the annual budget 
     submission, the Secretary shall submit to the Committee on 
     Natural Resources of the House of Representatives and to the 
     Committee on Energy and Natural Resources of the United 
     States Senate a list of areas recommended for study for 
     potential inclusion in the National Park System.
       ``(2) In developing the list to be submitted under this 
     subsection, the Secretary shall give consideration to those 
     areas that have the greatest potential to meet the 
     established criteria of national signifiance, suitability, 
     and feasibility. The Secretary shall give special 
     consideration to themes, sites, and resources not already 
     adequately represented in the National Park System Plan to be 
     developed under section 101 of the National Park System 
     Reform Act of 1994. No study of the potential of an area for 
     inclusion in the National Park System may be initiated after 
     the date of enactment of this section, except as provided by 
     specific authorization of an Act of Congress. Nothing in this 
     Act shall limit the authority of the National Park Service to 
     conduct preliminary resource assessments, gather data on 
     potential study areas, provide technical and planning 
     assistance, prepare or process nominations for administrative 
     designations, update previous studies, or complete 
     reconnaissance surveys of individual areas requiring a total 
     expenditure of less than $25,000. Nothing in this section 
     shall be construed to apply to or to affect or alter tha 
     study of any river segment for potential addition to the 
     national wild and scenic rivers system ot to apply to or to 
     affect or alter the study of any trail for potential addition 
     to the national trails system.
       ``(c) Report.--The Secretary shall complete the study for 
     each area for potential inclusion into the National park 
     System within 3 complete fiscal years following the date of 
     enactment of specific legislation providing for the study of 
     such area. Each study under this section shall be prepared 
     with appropriate opportunity for public involvement, 
     including at least one public meeting in the vicinity of the 
     area under study, and reasonable efforts to notify 
     potentially affected landowners and State and local 
     governments. In conducting the study, the Secretary shall 
     consider whether the area under study--
       ``(1) possesses nationally significant natural or cultural 
     resources, or outstanding recreational opportunities, and 
     that it represents one of the most important examples of a 
     particular resource type in the country; and
       ``(2) is a suitable and feasible addition to the system.

     Each study shall consider the following factors with regard 
     to the area being studied: the rarity and integrity of the 
     resources, the threats to those resources, whether similar 
     resources are already protected in the National Park System 
     or in other Federal, state or private ownership, the public 
     use potential, the interpretive and educational potential, 
     costs associated with acquisition, development and
      operation, the socioeconomic impacts of any designation, the 
     level of local and general public support and whether the 
     unit is of appropriate configuration to ensure long term 
     resource protection and visitor use. Each such study shall 
     also consider whether direct National Park Service 
     management or alternative protection by other agencies or 
     the private sector is appropriate for the area. Each such 
     study shall identify what alternative or combination of 
     alternatives would in the professional judgment of the 
     Director of the National Park Service, be most effective 
     and efficient in protecting significant resources and 
     providing for public enjoyment. Each study shall be 
     completed in compliance with the National Environmental 
     Policy Act of 1969. The letter transmitting each completed 
     study to Congress shall contain a recommendation regarding 
     the Administration's preferred management option for the 
     area.
       ``(d) List of Areas.--At the beginning of each calendar 
     year, along with the annual budget submission, the Secretary 
     shall submit to the Committee on Natural Resources of the 
     House of Representatives and to the Committee on Energy and 
     Natural Resources of the United States Senate a list of areas 
     which have been previously studied which contain primarily 
     cultural or historical resources and a list of areas which 
     have been previously studied which contain primarily natural 
     resources in numerical order of priority for addition to the 
     National Park System. In developing the list, the Secretary 
     should consider threats to resource values, cost escalation 
     factors and other factors listed in subsection (c) of this 
     section.''.
     

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