[Congressional Record Volume 142, Number 128 (Tuesday, September 17, 1996)]
[House]
[Pages H10442-H10447]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        NATIONAL PARK SERVICE ADMINISTRATIVE REFORM ACT OF 1996

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2941) to improve the quantity and quality of the quarters of 
land management agency field employees, and for other purposes, as 
amended.
  The Clerk read as follows:

                               H.R. 2941

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Park Service Administrative Reform Act of 1996''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. National Park Service Housing Improvement Act.
Sec. 3. Minor boundary revision authority.
Sec. 4. Authorization for certain park facilities to be located outside 
              of units of the National Park System.
Sec. 5. Elimination of unnecessary congressional reporting 
              requirements.
Sec. 6. Senate confirmation of the Director of the National Park 
              Service.
Sec. 7. National Park System Advisory Board authorization.
Sec. 8. Challenge cost-share agreement authority.
Sec. 9. Cost recovery for damage to national park resources.

     SEC. 2. NATIONAL PARK SERVICE HOUSING IMPROVEMENT ACT.

       (a) Purposes.--The purposes of this section are--
       (1) to develop where necessary an adequate supply of 
     quality housing units for field employees of the National 
     Park Service within a reasonable time frame;
       (2) to expand the alternatives available for construction 
     and repair of essential government housing;
       (3) to rely on the private sector to finance or supply 
     housing in carrying out this section, to the maximum extent 
     possible, in order to reduce the need for Federal 
     appropriations;
       (4) to provide increased opportunities for the ownership of 
     housing by field employees, together with the equity and tax 
     benefits associated with home ownership;
       (5) to ensure that adequate funds are available to provide 
     for long-term maintenance needs of field employee housing; 
     and
       (6) to eliminate unnecessary government housing and locate 
     such housing as is required in a manner such that primary 
     resource values are not impaired.
       (b) General Authority.--To enhance the ability of the 
     Secretary of the Interior (hereinafter in this section 
     referred to as ``the Secretary''), acting through the 
     Director of the National Park Service, to effectively manage 
     units of the National Park System, the Secretary is 
     authorized where necessary and justified to make available 
     employee housing, on or off the lands under the 
     administrative jurisdiction of the National Park Service, and 
     to rent or lease such housing to field employees of the 
     National Park Service at rates based on the reasonable value 
     of the housing in accordance with requirements applicable 
     under section 5911 of title 5, United States Code.

       (c) Review and Revision of Housing Criteria.--Upon the 
     enactment of this Act, the Secretary shall review and revise 
     the existing criteria under which housing is provided to 
     employees of the National Park Service. The review and 
     revision shall include consideration of the following 
     criteria:
       (1) Required occupancy (whether and under what 
     circumstances the National Park Service requires, as a 
     condition of employment, that an employee live at a 
     particular site or in a specific geographic area). For each 
     instance in which occupancy is required, full consideration 
     shall be given to the concept of adequate response time.
       (2) Availability and adequacy of non-Federal housing in the 
     geographic area, including consideration of the degree of 
     isolation (the time and distance that separate other 
     potential housing from the workplace of a National Park 
     Service employee).
       (3) Category of employment (seasonal or permanent).
       (d) Submission of Report.--A report detailing the results 
     of the revisions required by subsection (c) shall be 
     submitted to the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate not later than 180 days after the 
     date of the enactment of this Act. The report shall include 
     justifications for keeping, or for changing, each of the 
     criteria or factors used by the Department of the Interior 
     with regard to the provision of housing to employees of the 
     National Park Service.
       (e) Review of Condition of and Costs Relating to Housing.--
     Using the revised criteria developed under subsection (c), 
     the Secretary shall undertake a review, for each unit of the 
     National Park System, of existing government-owned housing 
     provided to employees of the National Park Service. The 
     review shall include an assessment of the physical condition 
     of such housing and the suitability of such housing to 
     effectively carry out the missions of the Department of the 
     Interior and the National Park Service. For each unit of such 
     housing, the Secretary shall determine whether the unit is 
     needed and justified. The review shall include estimates of 
     the cost of bringing each such unit that is needed and 
     justified into usable condition that meets all applicable 
     legal housing requirements or, if the unit is determined to 
     be obsolete but is still warranted to carry out the missions 
     of the Department of the Interior and the National Park 
     Service, the cost of replacing the unit.
       (f) Authorization for Housing Agreements.--For those units 
     of the National Park System for which the review required by 
     subsections (c) and (e) has been completed, the Secretary is 
     authorized, pursuant to the authorities contained in this Act 
     and subject to the appropriation of necessary funds in 
     advance, to enter into housing agreements with housing 
     entities under which such housing entities may develop, 
     construct, rehabilitate, or manage housing, located on or off 
     public lands, for rent or lease to National Park Service 
     employees who meet the housing eligibility criteria developed 
     by the Secretary pursuant to this Act.
       (g) Joint Public-Private Sector Housing Programs.--
       (1) Lease to build program.--Subject to the appropriation 
     of necessary funds in advance, the Secretary may--
       (A) lease Federal land and interests in land to qualified 
     persons for the construction of field employee quarters for 
     any period not to exceed 50 years; and
       (B) lease developed and undeveloped non-Federal land for 
     providing field employee quarters.
       (2) Competitive leasing.--Each lease under paragraph (1)(A) 
     shall be awarded through the use of publicly advertised, 
     competitively bid, or competitively negotiated contracting 
     procedures, except that a lease to a field employee housing 
     cooperative may be awarded noncompetitively if construction 
     on the leased land is then competitively bid or competitively 
     negotiated.
       (3) Terms and conditions.--Each lease under paragraph 
     (1)(A)--
       (A) shall stipulate whether operation and maintenance of 
     field employee quarters is to be provided by the lessee, 
     field employees or the Federal Government;
       (B) shall require that the construction and rehabilitation 
     of field employee quarters be done in accordance with the 
     requirements of the National Park Service and local 
     applicable building codes and industry standards;
       (C) shall contain such additional terms and conditions as 
     may be appropriate to protect the Federal interest, including 
     limits on rents the lessee may charge field employees for the 
     occupancy of quarters, conditions on maintenance and repairs, 
     and agreements on the provision of charges for utilities and 
     other infrastructure; and
       (D) may be granted at less than fair market value if the 
     Secretary determines that such lease will improve the quality 
     and availability of field employee quarters available.
       (4) Contributions by united states.--The Secretary may make 
     payments, subject to appropriations, or contributions in kind 
     either in advance of or on a continuing basis to reduce the 
     costs of planning, construction, or rehabilitation of 
     quarters on or off Federal lands under a lease under this 
     subsection.
       (5) Third party participation.--A lease under this 
     subsection may include provision for participation by a third 
     party, when third party presence is needed or required, and 
     approved by the Secretary.
       (h) Rental Guarantee Program.--
       (1) General authority.--Subject to the appropriation of 
     necessary funds in advance, the Secretary may enter into a 
     lease to build arrangement as set forth in subsection (g) 
     with further agreement to guarantee the occupancy of field 
     employee quarters constructed or rehabilitated under such 
     lease. A guarantee made under this subsection shall be in 
     writing.
       (2) Limitations.--The Secretary may not guarantee--
       (A) the occupancy of more than 75 percent of the units 
     constructed or rehabilitated under such lease; and
       (B) at a rental rate that exceeds the rate based on the 
     reasonable value of the housing in accordance with 
     requirements applicable

[[Page H10443]]

     under section 5911 of title 5, United States Code.
     In no event shall outstanding guarantees be in excess of 
     $3,000,000.
       (3) Rental to government employees.--A guarantee may be 
     made under this subsection only if the lessee agrees to 
     permit the Secretary to utilize for housing purposes any 
     units for which the guarantee is made.
       (4) Failure to maintain a satisfactory level of operation 
     and maintenance.--The lease shall be null and void if the 
     lessee fails to maintain a satisfactory level of operation 
     and maintenance.
       (i) Joint Development Authority.--The Secretary may use 
     authorities granted by statute in combination with one 
     another in the furtherance of providing where necessary and 
     justified affordable field employee housing.
       (j) Contracts for the Management of Field Employee 
     Quarters.--
       (1) General authority.--Subject to the appropriation of 
     necessary funds in advance, the Secretary may enter into 
     contracts of any duration for the management, repair, and 
     maintenance of field employee quarters.
       (2) Terms and conditions.--Any such contract shall contain 
     such terms and conditions as the Secretary deems necessary or 
     appropriate to protect the interests of the United States and 
     assure that necessary quarters are available to field 
     employees.
       (k) Joint Employee-Agency Housing Programs.--
       (1) Sale of quarters.--
       (A) General authority.--Notwithstanding any other provision 
     of law, the Secretary may sell field employee quarters to 
     field employees of the agency or a cooperative whose 
     membership is made up exclusively of field employees of the 
     agency.
       (B) Interest in lands.--The Secretary may only sell a 
     leasehold interest in lands attendant to the sale of any 
     quarters under subparagraph (A).
       (2) Lease of quarters.--The Secretary may lease Federal 
     land to field employees of the National Park Service or a 
     cooperative made up of field employees of the National Park 
     Service for purposes of constructing employee housing.
       (3) Right of first refusal.--The Secretary shall have right 
     of first refusal when any property transferred under this 
     subsection is for sale.
       (4) Covenants.--The Secretary may establish and enforce 
     such covenants as may be appropriate to the property, upon 
     its sale by the Secretary under this subsection.
       (5) Fair market value.--The Secretary may sell or transfer 
     employee quarters under this subsection for less than fair 
     market value if the Secretary determines that such a sale or 
     transfer will improve the quality of field employee quarters 
     available and keep the quarters affordable at the salary 
     ranges of field employees normally occupying them.
       (6) Rule of construction.--Disposal of employee quarters 
     under this subsection to field employees and cooperatives 
     whose membership is made up exclusively of field employees 
     shall not be considered disposal of excess Federal real 
     property under the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471 et seq.).
       (7) Continuing employment requirement.--An individual may 
     occupy employee quarters under this subsection only if the 
     individual or a member of the family of the individual is 
     employed at the National Park System unit with respect to 
     which the quarters are made available.
       (8) Notice.--The Secretary may not take any action 
     authorized pursuant to this section until 180 days after the 
     Secretary submits a report to the appropriate congressional 
     committees respecting the authority of this subsection.
       (l) Leasing of Seasonal Employee Quarters.--
       (1) General authority.--Subject to paragraph (2), the 
     Secretary may lease quarters at or near a unit of the 
     national park system for use as seasonal quarters for field 
     employees. The rent charged to field employees under such a 
     lease shall be a rate based on the reasonable value of the 
     quarters in accordance with requirements applicable under 
     section 5911 of title 5, United States Code.
       (2) Limitation.--The Secretary may only issue a lease under 
     paragraph (1) if the Secretary finds that there is a shortage 
     of adequate and affordable seasonal quarters at or near such 
     unit and that--
       (A) the requirement for such seasonal field employee 
     quarters is temporary; or
       (B) leasing would be more cost effective than construction 
     of new seasonal field employee quarters.
       (3) Unrecovered costs.--The Secretary may pay the 
     unrecovered costs of leasing seasonal quarters under this 
     subsection from annual appropriations for the year in which 
     such lease is made.
       (m) Survey of Existing Facilities.--The Secretary shall--
       (1) complete a condition assessment for all field employee 
     housing, including the physical condition of such housing and 
     the necessity and suitability of such housing for the 
     effective prosecution of the agency mission, using existing 
     information; and
       (2) develop a agency-wide priority listing, by structure, 
     identifying those units in greatest need for repair, 
     rehabilitation, replacement, or initial construction.
       (n) Use of Housing-Related Funds.--Expenditure of any funds 
     authorized and appropriated for new construction, repair, or 
     rehabilitation of housing under this section shall follow the 
     housing priority listing established by the agency under 
     subsection (m), in sequential order, to the maximum extent 
     practicable.
       (o) Annual Budget Submittal.--The President's proposed 
     budget to Congress for the first fiscal year beginning after 
     enactment of this Act, and for each subsequent fiscal year, 
     shall include identification of nonconstruction funds to be 
     spent for National Park Service housing maintenance and 
     operations which are in addition to rental receipts 
     collected.
       (p) Employee Transportation.--The Secretary may use 
     applicable appropriations of the National Park System for 
     transportation to and from work, outside of regular working 
     hours, of field employees, residing in or near a national 
     park system unit, such transportation to be between the unit 
     and the city, or intervening points, at reasonable rates to 
     be determined by the Secretary taking into consideration, 
     among other factors, comparable rates charged by 
     transportation companies in the locality for similar 
     services, the amounts collected for such transportation to be 
     credited to the current appropriation account available for 
     administration of the national park system unit concerned and 
     shall be available to the Secretary for obligation or 
     expenditure. Any surplus proceeds shall be retained by the 
     agency for those purposes until expended. If adequate 
     transportation facilities are available, or shall be 
     available by any common carrier, at reasonable rates, then 
     and in that event the services contemplated by this 
     subsection shall not be offered.
       (q) Study of Housing Allowances.--Within 12 months after 
     the date of enactment of this Act, the Secretary shall 
     conduct a study to determine the feasibility of providing 
     eligible employees of the National Park Service with housing 
     allowances rather than government housing. The study shall 
     specifically examine the feasibility of providing rental 
     allowances to temporary and lower paid permanent employees. 
     Whenever the Secretary submits a copy of such study to the 
     Office of Management and Budget, he shall concurrently 
     transmit copies of the report to the Resources Committee of 
     the United States House of Representatives and the Committee 
     on Energy and Natural Resources of the United States Senate.
       (r) General Provisions.--
       (1) Construction limitations on federal lands.--The 
     Secretary may not utilize any lands for the purposes of 
     providing field employee housing under this section which 
     could impact primary resource values of the area or adversely 
     affect the mission of the agency. Any construction carried 
     out under this section shall be fully consistent with 
     approved land management agency plans.
       (2) Rental rates.--The Secretary shall establish rental 
     rates for all quarters occupied by field employees of the 
     National Park Service that are based on the reasonable value 
     of the quarters in accordance with requirements applicable 
     under section 5911 of title 5, United States Code.
       (3) Exemption from leasing requirements.--The provisions of 
     section 5 of the Act of July 15, 1968 (82 Stat. 354, 356; 16 
     U.S.C. 460l-22), and section 321 of the Act of June 30, 1932 
     (40 U.S.C. 303b; 47 Stat. 412), shall not apply to leases 
     issued by the Secretary under this section.
       (s) Proceeds.--The proceeds from any lease under subsection 
     (g)(1)(A)(i), any lease under subsection (k)(2), and any 
     lease of seasonal quarters under subsection (l), shall be 
     retained by the National Park Service. Such proceeds shall be 
     deposited into the special fund established for maintenance 
     and operation of quarters.
       (t) Definitions.--For purposes of this section:
       (1) The term ``field employee'' means--
       (A) an employee of the National Park Service who is 
     exclusively assigned by the National Park Service to perform 
     duties at a field unit, and the members of their family; and
       (B) other individuals who are authorized to occupy 
     Government quarters under section 5911 of title 5, United 
     States Code, and for whom there is no feasible alternative to 
     the provision of Government housing, and the members of their 
     family.
       (3) The term ``land management agency'' means the National 
     Park Service, Department of the Interior.
       (4) The term ``primary resource values'' means resources 
     which are specifically mentioned in the enabling legislation 
     or identified in the general management plan for that field 
     unit or other resource value recognized under Federal 
     statute.
       (5) The term ``quarters'' means quarters owned or leased by 
     the Government.
       (6) The term ``seasonal quarters'' means quarters typically 
     occupied by field employees who are hired on assignments of 6 
     months or less.

     SEC. 3. MINOR BOUNDARY REVISION AUTHORITY.

       Section 7(c) of the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 4601-9(c)) is amended as follows:
       (1) In the first sentence, by striking ``Committee on 
     Natural'' and inserting ``Committee on''.
       (2) By striking ``: Provided, however,'' and all that 
     follows through ``1965'' and inserting the following after 
     the first sentence: ``In all cases except the case of 
     technical boundary revisions (resulting from such causes as 
     survey error or changed road alignments), the authority of 
     the Secretary under clause (i) shall apply only if each of 
     the following conditions is met:

[[Page H10444]]

       ``(1) The sum of the total acreage of lands, waters, and 
     interests therein to be added to the area and the total such 
     acreage to be deleted from the area is not more than 5 
     percent of the total Federal acreage authorized to be 
     included in the area and is less than 200 acres in size.
       ``(2) The acquisition, if any, is not a major Federal 
     action significantly affecting the quality of the human 
     environment, as determined by the Secretary.
       ``(3) The sum of the total appraised value of the lands, 
     water, and interest therein to be added to the area and the 
     total appraised value of the lands, waters, and interests 
     therein to be deleted from the area does not exceed $750,000.
       ``(4) The proposed boundary revision is not an element of a 
     more comprehensive boundary modification proposal.
       ``(5) The proposed boundary has been subject to a public 
     review and comment period.
       ``(6) The Director of the National Park Service obtains 
     written support for the boundary modification from all 
     property owners whose lands, water, or interests therein, or 
     a portion of whose lands, water, or interests therein, will 
     be added to or deleted from the area by the boundary 
     modification.
     Minor boundary revisions involving only deletions of acreage 
     owned by the Federal Government and administered by the 
     National Park Service may be made only by Act of Congress.''.

     SEC. 4. AUTHORIZATION FOR CERTAIN PARK FACILITIES TO BE 
                   LOCATED OUTSIDE OF UNITS OF THE NATIONAL PARK 
                   SYSTEM.

       Section 4 of the Act 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'' approved August 18, 1970 
     (16 U.S.C. 1a-1 et seq.), is amended to read as follows:

     ``SEC. 4. AUTHORIZATION FOR PARK FACILITIES OUTSIDE 
                   BOUNDARIES OF SYSTEM UNITS.

       ``(a) Authority.--In order to facilitate the administration 
     of the national park system, the Secretary of the Interior is 
     authorized, under such terms and conditions as he may deem 
     advisable, to establish essential facilities for park 
     administration, visitor use, and park employee residential 
     housing outside the boundaries, but within the vicinity, of 
     units of the national park system for purposes of assuring 
     conservation, visitor use, and proper management of such 
     units. Such facilities, and the use thereof, shall be in 
     conformity with approved plans for the unit concerned. The 
     Secretary shall use existing facilities wherever feasible. 
     Such facilities may only be constructed by the Secretary upon 
     finding that location of such facilities would--
       ``(1) avoid undue degradation of the primary natural or 
     cultural resources within the unit;
       ``(2) enhance service to the public; or
       ``(3) provide a cost saving to the Federal Government.
       ``(b) Agreements, Leases, Guidelines, and Construction.--
     For the purpose of establishing facilities under subsection 
     (a):
       ``(1) The Secretary may enter into agreements permitting 
     the Secretary to use for such purposes those Federal lands 
     that the head of a Federal agency having primary authority 
     over the administration of such land and the Secretary 
     determine to be suitable for such use.
       ``(2) The Secretary, under such terms and conditions as the 
     Secretary determines are reasonable, may, subject to the 
     appropriation of necessary funds in advance, lease or acquire 
     (from willing sellers only) by purchase or donation, real 
     property (other than Federal land), for the purposes 
     specified in this section.
       ``(3) For real property acquired pursuant to paragraph (2), 
     the Secretary shall establish written guidelines setting 
     forth criteria to be used in determining whether the 
     acquisition would--
       ``(A) reflect unfavorably upon the ability of the 
     Department or an employee to carry out its responsibilities 
     or official duties in a fair and objective manner; or
       ``(B) compromise the integrity, or the appearance of 
     integrity, of the Department's programs or of any official 
     involved in those programs.
       ``(4) The Secretary may, subject to the appropriation of 
     necessary funds in advance, construct, operate, and maintain 
     such permanent and temporary buildings and facilities as the 
     Secretary deems appropriate on land which is in the vicinity 
     of any unit of the national park system for which the 
     Secretary has acquired authority under this section, except 
     that the Secretary may not begin construction, operation, or 
     maintenance of buildings or facilities on land not owned by 
     the United States until the owner of such lands has entered 
     into a binding agreement with the Secretary, the terms of 
     which assure the continued use of such buildings and 
     facilities for a period of time commensurate with the level 
     of Federal investment.
       ``(c) Cooperative Agreements and Joint Ventures for 
     Infrastructure Facilities.--The Secretary is authorized, 
     subject to the appropriation of necessary funds in advance, 
     to enter into cooperative agreements or joint ventures with 
     local or State governmental agencies, other Federal agencies, 
     Indian Tribes, and private entities either on or off the 
     lands subject to the jurisdiction of the Secretary, to 
     provide appropriate and necessary utility and other 
     infrastructure facilities in support of park administration, 
     visitor use, and park employee residential housing.''.

     SEC. 5. ELIMINATION OF UNNECESSARY CONGRESSIONAL REPORTING 
                   REQUIREMENTS.

       (a) Repeals.--The following provisions are hereby repealed:
       (1) Section 302(c) of the Act entitled ``An Act to 
     authorize the establishment of the Chattahoochee River 
     National Recreation Area in the State of Georgia, and for 
     other purposes (Public Law 95-344; 92 Stat. 478; 16 U.S.C. 
     2302(c)).
       (2) Section 503 of the Act of December 19, 1980 (Public Law 
     96-550; 94 Stat. 3228; 16 U.S.C. 410ii-2).
       (3) Subsections (b) and (c) of section 4 of the Act of 
     October 15, 1982 (Public Law 97-335; 96 Stat. 1628; 16 U.S.C. 
     341 note).
       (4) Section 7 of Public Law 89-671 (96 Stat. 1457; 16 
     U.S.C. 284f).
       (5) Section 3(c) of the National Trails System Act (Public 
     Law 90-543; 82 Stat. 919; 16 U.S.C. 1242(c)).
       (6) Section 4(b) of the Act of October 24, 1984 (Public Law 
     98-540; 98 Stat. 2720; 16 U.S.C. 1a-8).
       (7) Section 106(b) of the National Visitor Center 
     Facilities Act of 1968 (Public Law 90-264; 82 Stat. 44; 40 
     U.S.C. 805(b)).
       (8) Section 6(f)(7) of the Act of September 3, 1964 (Public 
     Law 88-578; 78 Stat. 900; 16 U.S.C. 460l-8(f)(7)).
       (9) Subsection (b) of section 8 of the Act of August 18, 
     1970 (Public Law 91-383; 90 Stat. 1940; 16 U.S.C. 1a-5(b)).
       (10) The last sentence of section 10(a)(2) of the National 
     Trails System Act (Public Law 90-543; 82 Stat. 926; 16 U.S.C. 
     1249(a)(2)).
       (11) Section 4 of the Act of October 31, 1988 (Public Law 
     100-573; 102 Stat. 2891; 16 U.S.C. 460o note).
       (12) Section 104(b) of the Act of November 19, 1988 (Public 
     Law 100-698; 102 Stat. 4621).
       (13) Section 1015(b) of the Urban Park and Recreation 
     Recovery Act of 1978 (Public Law 95-625; 92 Stat. 3544; 16 
     U.S.C. 2514(b)).
       (14) Section 105 of the Act of August 13, 1970 (Public Law 
     91-378; 16 U.S.C. 1705).
       (15) Section 307(b) of the National Historic Preservation 
     Act (Public Law 89-665; 16 U.S.C. 470w-6(b)).
       (b) Amendments.--The following provisions are amended:
       (1) Section 10 of the Archaeological Resources Protection 
     Act of 1979, by striking the last sentence of subsection (c) 
     (Public Law 96-95; 16 U.S.C. 470ii(c)).
       (2) Section 5(c) of the Act of June 27, 1960 (Public Law 
     86-523; 16 U.S.C. 469a-3(c); 74 Stat. 220), by inserting a 
     period after ``Act'' and striking ``and shall submit'' and 
     all that follows.
       (3) Section 7(a)(3) of the Act of September 3, 1964 (Public 
     Law 88-578; 78 Stat. 903; 16 U.S.C. 460l-9(a)(3)), by 
     striking the last sentence.
       (4) Section 111 of the Petroglyph National Monument 
     Establishment Act of 1990 (Public Law 101-313; 104 Stat. 
     278), by striking out the second sentence.
       (5) Section 307(a) of the National Historic Preservation 
     Act (Public Law 89-665; 16 U.S.C. 470w-6(a)) is amended by 
     striking the first and second sentences.
       (6) Section 101(a)(1)(B) of the National Historic 
     Preservation Act (Public Law 89-665; 16 U.S.C. 470a) by 
     inserting a period after ``Register'' the last place such 
     term appears and by striking ``and submitted'' and all that 
     follows.

     SEC. 6. SENATE CONFIRMATION OF THE DIRECTOR OF THE NATIONAL 
                   PARK SERVICE.

       (a) In General.--The first section of the Act entitled ``An 
     Act to establish a National Park Service, and for other 
     purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 
     1; commonly referred to as the ``National Park Service 
     Organic Act''), is amended in the first sentence by striking 
     ``who shall be appointed by the Secretary'' and all that 
     follows and inserting ``who shall be appointed by the 
     President, by and with the advice and consent of the Senate. 
     The Director shall have substantial experience and 
     demonstrated competence in land management and natural or 
     cultural resource conservation. The Director shall select two 
     Deputy Directors. The first Deputy Director shall have 
     responsibility for National Park Service operations, and the 
     second Deputy Director shall have responsibility for other 
     programs assigned to the National Park Service.''.
       (b) Effective Date and Application.--The amendment made by 
     subsection (a) shall take effect on February 1, 1997, and 
     shall apply with respect to the individual (if any) serving 
     as the Director of the National Park Service on that date.

     SEC. 7. NATIONAL PARK SYSTEM ADVISORY BOARD AUTHORIZATION.

       (a) National Park System Advisory Board.--Section 3 of the 
     Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463) is 
     amended as follows:
       (1) In subsection (a) by striking the first 3 sentences and 
     inserting in lieu thereof: ``There is hereby established a 
     National Park System Advisory Board, whose purpose shall be 
     to advise the Director of the National Park Service on 
     matters relating to the National Park Service, the National 
     Park System, and programs administered by the National Park 
     Service. The Board shall advise the Director on matters 
     submitted to the Board by the Director as well as any other 
     issues identified by the Board. Members of the Board shall be 
     appointed on a staggered

[[Page H10445]]

     term basis by the Secretary for a term not to exceed 4 years 
     and shall serve at the pleasure of the Secretary. The Board 
     shall be comprised of no more than 12 persons, appointed from 
     among citizens of the United States having a demonstrated 
     commitment to the mission of the National Park Service. Board 
     members shall be selected to represent various geographic 
     regions, including each of the administrative regions of the 
     National Park Service. At least 6 of the members shall have 
     outstanding expertise in 1 or more of the following fields: 
     history, archaeology, anthropology, historical or landscape 
     architecture, biology, ecology, geology, marine science, or 
     social science. At least 4 of the members shall have 
     outstanding expertise and prior experience in the management 
     of national or State parks or protected areas, or national or 
     cultural resources management. The remaining members shall 
     have outstanding expertise in 1 or more of the areas 
     described above or in another professional or scientific 
     discipline, such as financial management, recreation use 
     management, land use planning or business management, 
     important to the mission of the National Park Service. At 
     least 1 individual shall be a locally elected official from 
     an area adjacent to a park. The Board shall hold its first 
     meeting by no later than 60 days after the date on which all 
     members of the Advisory Board who are to be appointed have 
     been appointed. Any vacancy in the Board shall not affect its 
     powers, but shall be filled in the same manner in which the 
     original appointment was made. The Board may adopt such rules 
     as may be necessary to establish its procedures and to govern 
     the manner of its operations, organization, and personnel. 
     All members of the Board shall be reimbursed for travel and 
     per diem in lieu of subsistence expenses during the 
     performance of duties of the Board while away from home or 
     their regular place of business, in accordance with 
     subchapter 1 of chapter 57 of title 5, United States Code. 
     With the exception of travel and per diem as noted above, a 
     member of the Board who is otherwise an officer or employee 
     of the United States Government shall serve on the Board 
     without additional compensation.''.
       (2) By redesignating subsections (b) and (c) as (f) and (g) 
     and by striking from the first sentence of subsection (f), as 
     so redesignated ``1995'' and inserting in lieu thereof 
     ``2006''.
       (3) By adding the following new subsections after 
     subsection (a):
       ``(b)(1) The Secretary is authorized to hire 2 full-time 
     staffers to meet the needs of the Advisory Board.
       ``(2) Service of an individual as a member of the Board 
     shall not be considered as service or employment bringing 
     such individual within the provisions of any Federal law 
     relating to conflicts of interest or otherwise imposing 
     restrictions, requirements, or penalties in relation to the 
     employment of persons, the performance of services, or the 
     payment or receipt of compensation in connection with claims, 
     proceedings, or matters involving the United States. Service 
     as a member of the Board, or as an employee of the Board, 
     shall not be considered service in an appointive or elective 
     position in the Government for purposes of section 8344 of 
     title 5, United States Code, or comparable provisions of 
     Federal law.
       ``(c)(1) Upon request of the Director, the Board is 
     authorized to--
       ``(A) hold such hearings and sit and act at such times,
       ``(B) take such testimony,
       ``(C) have such printing and binding done,
       ``(D) enter into such contracts and other arrangements,
       ``(E) make such expenditures, and
       ``(F) take such other actions,

     as the Board may deem advisable. Any member of the Board may 
     administer oaths or affirmations to witnesses appearing 
     before the Board.
       ``(2) The Board may establish committees or subcommittees. 
     Any such subcommittees or committees shall be chaired by a 
     voting member of the Board.
       ``(d) The provisions of the Federal Advisory Committee Act 
     shall apply to the Board established under this section with 
     the exception of section 14(b).
       ``(e)(1) The Board is authorized to secure directly from 
     any office, department, agency, establishment, or 
     instrumentality of the Federal Government such information as 
     the Board may require for the purpose of this section, and 
     each such officer, department, agency, establishment, or 
     instrumentality is authorized and directed to furnish, to the 
     extent permitted by law, such information, suggestions, 
     estimates, and statistics directly to the Board, upon request 
     made by a member of the Board.
       ``(2) Upon the request of the Board, the head of any 
     Federal department, agency, or instrumentality is authorized 
     to make any of the facilities and services of such 
     department, agency, or instrumentality to the Board, on a 
     nonreimbursable basis, to assist the Board in carrying out 
     its duties under this section.
       ``(3) The Board may use the United States mails in the same 
     manner and under the same conditions as other departments and 
     agencies in the United States.''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the National Park System Advisory Board 
     $200,000 per year to carry out the provisions of section 3 of 
     the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463).
       (c) Effective Date.--This section shall take effect on 
     December 7, 1997.

     SEC. 8. CHALLENGE COST-SHARE AGREEMENT AUTHORITY.

       (a) Definitions.--For purposes of this section--
       (1) The term ``challenge cost-share agreement'' means any 
     agreement entered into between the Secretary and any 
     cooperator for the purpose of sharing costs or services in 
     carrying out authorized functions and responsibilities 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.
       (2) The term ``cooperator'' means any State or local 
     government, public or private agency, organization, 
     institution, corporation, individual, or other entity.
       (b) Challenge Cost-Share Agreements.--The Secretary of the 
     Interior is authorized to negotiate and enter into challenge 
     cost-share agreements with cooperators.
       (c) Use of Federal Funds.--In carrying out challenge cost-
     share agreements, the Secretary of the Interior is authorized 
     to provide the Federal funding share from any funds available 
     to the National Park Service.

     SEC. 9. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.

       Public Law 101-337 is amended as follows:
       (1) In section 1 (16 U.S.C. 19jj), by amending subsection 
     (d) to read as follows:
       ``(d) `Park system resource' means any living or non-living 
     resource that is located within the boundaries of a unit of 
     the National Park System, except for resources owned by a 
     non-Federal entity.''.
       (2) In section 1 (16 U.S.C. 19jj) by adding at the end 
     thereof the following:
       ``(g) `Marine or aquatic park system resource' means any 
     living or non-living part of a marine or aquatic regimen 
     within or is a living part of a marine or aquatic regimen 
     within the boundaries of a unit of the National Park System, 
     except for resources owned by a non-Federal entity.''.
       (3) In section 2(b) (16 U.S.C. 19jj-1(b)), by inserting 
     ``any marine or aquatic park resource'' after ``any park 
     system resource''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah [Mr. Hansen] and the gentleman from New Mexico [Mr. Richardson] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah [Mr. Hansen].

                              {time}  1430

  Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Colorado [Mr. Hefley], the author of the bill.
  Mr. HEFLEY. Mr. Speaker, the first title of this bill, H.R. 2941, is 
our attempt to deal with the backlog of housing needs in the National 
Park Service. The extent of the National Park Service's housing needs 
is vague but has been estimated to be as high as $500 million. I wish 
it was possible to write a check for that amount, but in these times of 
trying to balance the budget, that is simply not possible.
  Instead, H.R. 2941 will provide the Park Service with the a number of 
creative authorities to encourage others besides the Federal Government 
to invest in employee housing.
  Several years ago Rocky Mountain National Park, in cooperation with 
the National Park Foundation, attempted to address its own housing 
needs by purchasing a nearby church camp that was on the market. The 
deal fell through because, according to the National Park Foundation 
and the park superintendent, the authorities were not available for 
them to close the deal. Randy Jones, the Rocky Mountain superintendent, 
claims he could solve most of his housing needs tomorrow if he only had 
the flexibility this bill would give him.
  We have worked with the Park Service, and they tell us the bill gives 
them what they need. Several of these authorities were borrowed from 
legislation crafted for the military where the authorities are proving 
useful in improving the quality of housing.
  The bill also urges the Park Service to examine such options as paid 
transportation from home to work site and employee cooperatives, in 
which rangers can build up this equity while they are being moved 
around the country.
  As I have stated, the Park Service estimates its housing needs to be 
more than $500 million. However, in several reports from the General 
Accounting Office we cannot account for quite that much, but we know 
that there is a significant need there. For that reason, we have 
adopted an amendment by my friend, the gentleman from Minnesota [Mr. 
Vento], which withholds the use of these authorities from individual 
park units until those units justify their needs, which seems perfectly 
reasonable.

[[Page H10446]]

  Further, in response to CBO's concerns about out year costs, the 
amendment before you makes the entire section subject to 
appropriations. I understand this amendment has been cleared with the 
Committee on the Budget.
  In conclusion, I would ask my colleagues to recall the horror stories 
we have heard in recent years of park rangers living in tents or 
packing crates. We have a problem, one which we need to be flexible and 
creative in order to try to solve, a problem which is fixable in fairly 
short order if the Park Service had the authorities to do so.
  Mr. Speaker, this bill attempts to give them those authorities, and I 
ask Members' support of the amendment and of this bill.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. RICHARDSON asked and was given permission to revise and extend 
his remarks.)
  Mr. RICHARDSON. Mr. Speaker, although H.R. 2941, as introduced, dealt 
solely with employee housing, a comprehensive substitute was adopted by 
the Resources Committee that incorporated several diverse park 
proposals that were pending before the committee. I did not object to 
this procedure being used in this instance. In fact, Representative 
Hansen and his staff worked with Democratic members of the committee 
and the administration to craft a package we can all support.
  The centerpiece of this legislative package is the National Park 
Service employee housing initiative.We have all seen or heard of 
examples of deplorable employee housing. We know problems exist. If we 
are to properly address this issue, the Congress needs an accurate 
assessment of employee housing requirements, the costs associated with 
those requirements, and a viable working plan to address housing needs. 
Representative Vento who worked on this issue for several years took 
the lead to develop language that was adopted by the committee to 
address this important aspect of the program. It is a better bill 
because of these provisions.
  Several other elements of H.R. 2941, amended, are specific 
legislative initiatives of the National Park Service and their 
inclusion will provide the NPS with some useful management tools.
  I would note that based on the committee hearing last fall, there was 
certainly potential for controversy regarding the provision on the 
appointment of the NPS Director. I am glad to see that cooler heads 
prevailed and that the language was amended to its current form.
  All in all Mr. Speaker, H.R. 2941, as amended, is a good package. The 
bill is an example of how we can work together on park issues.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HANSEN asked and was given permission to revise and extend his 
remarks.)
  Mr. HANSEN. Mr. Speaker, I rise in strong support of H.R. 2941, 
legislation which provides for a number of needed administrative 
reforms in the National Park Service. This important bill contains 
eight different reform proposals ranging from relatively minor 
proposals, to important, long-debated measures, and reflects the work 
of several different authors.
   Mr. Speaker, many of these proposals are just good common sense; 
proposals which will make National Park Service operations more 
efficient, and reduce unnecessary work here in Congress. These are 
precisely the types of proposals which could have been expected from an 
administration which claims to be reinventing Government. 
Unfortunately, Secretary Babbitt has ignored the National Park Service.
  For example, several years ago Secretary Babbitt announced a major 
initiative to improve housing in our national parks. After building a 
single house for a publicity venture at Great Smokey Mountains National 
Park, Secretary Babbitt has essentially abandoned the program. In this 
legislation, Congress has provided a comprehensive solution to the 
housing problems of the National Park Service. This legislative 
proposal is not intended as a publicity stunt; I'm not even sure that 
Mr. Hefley, author of the provision, has issued a press release about 
it. Rather this legislation is being advanced because Members believe 
that National Park Service employees deserve a decent place to live.
   Mr. Speaker, this entire legislative package is bipartisan in nature 
and reflects the strong input from Democrats as well as Republicans on 
the Resources Committee. I thank Mr. Richardson and Mr. Vento for their 
valuable assistance in developing this legislation.
  As I mentioned, section 2 of the bill provides for a variety of 
authorities to address the unacceptable condition of housing which many 
NPS employees are required to live in. We heard in testimony about park 
employees living in uninsulated houses in severe climates, living in 
buildings which do not meet basic life-safety codes, living in 50-year 
old repossessed trailers, even in one case, living in a land-sea 
shipping container.
  These conditions must be addressed, and the first step to addressing 
them is to make absolutely sure that every single housing unit in every 
park can be fully justified. Second, we must figure out how to fund the 
necessary housing improvements. Although the Appropriation Committee 
has provided substantial funds for housing in the past, it is 
unrealistic to expect they will fully fund the hundreds of millions 
needed for this program in the near future. Therefore, this 
legislation, authorizes a number of cooperative ventures with the 
private sector, designed to seek their assistance in solving this 
problem. The legislation even authorizes the Secretary to sell housing 
to employee cooperatives which would eliminate the need for Federal 
maintenance of housing while at the same time permitting employees to 
gain the benefits of home ownership. Third, we must make sure that 
every single dollar is spent wisely, and that the funds go to the 
highest priority needs.
  Section 3 of the bill provides for generic authority for the National 
Park Service to make minor park boundary adjustments. While this 
authority does exist for all parks established after 1965, and for 
selected other parks, many parks do not have such authority. Further, 
there is no definition of what constitutes a minor boundary adjustment. 
Therefore, we find that the NPS has administratively accepted donation 
of about 30 acres at the Presidio which has a Federal liability of $65 
million for rehabilitation of currently unusable structures, 
while Congress is passing legislation to add several hundred square 
yards of land administered by another Federal agency to Independence 
National Historic Park. This legislation will save time and money for 
Congress and the administration.

  Section 4 of the bill provides generic authority for the NPS to 
establish administrative and visitor facilities outside of park 
boundaries. This authority will permit the NPS to establish joint 
interagency visitor centers, or locate visitor centers or headquarter 
offices outside of park boundaries where it makes sense. There are 
currently several proposals now working through Congress to establish 
such centers, and each of them now requires a separate act.
  Section 5 deletes 22 unnecessary congressional reporting 
requirements. Many of these requirements are simply outdated, such as 
requiring an annual report on the National Visitor Center at Union 
Station which was closed over 15 years ago; while others have never 
been complied with, such as the national trails system report. But 
mostly, this section will save the agency time and money preparing 
reports which are of little use in the congressional process.
  Section 6 provides for Senate confirmation of the National Park 
Service Director, in the same manner as the other land management 
agency heads within the Interior Department--Director of the Fish and 
Wildlife Service and the Director of the Bureau of Land Management. 
While many persons have long believed that the head of this important 
agency should be subject to congressional scrutiny, the issue gained 
renewed support when Secretary Babbitt announced that his top two 
candidates for the Office of NPS Director were Tom Brokaw and Robert 
Redford. While these two gentlemen are well-respected in their chosen 
fields, they know nothing about running the best park system in the 
world. Public exposure of these selections was

[[Page H10447]]

a clear signal of the purely political manner in which Secretary 
Babbitt intended to operate the NPS, and resulted in both Democratic 
and Republican-authored measures to require that the head of the NPS 
know something about parks other than having vacationed there.
  Section 7 of the bill reauthorizes the National Park System advisory 
board. The statutory authorization for this board expired a couple 
years ago. While the board has been reauthorized administratively, the 
role of this board as an independent advisor to the Secretary could be 
enhanced if it were reestablished by law.
  Section 8 establishes and expands the Challenge Cost Share Program 
for the NPS on a permanent basis. This program, which permits Federal 
dollars to be leveraged with non-Federal dollars, has proven very 
effective for the Forest Service; and it is expected to provide similar 
benefits for the National Park Service at a time when appropriations 
are limited.
  Finally, section 9 of the bill permits the NPS to recover costs from 
damages to natural resources in the same manner as costs are recovered 
from damages to marine resources. When the Federal Government recovers 
costs from such damage, it makes far more sense to apply those funds to 
restore the resources than to deposit such funds into the Treasury, as 
is currently the policy.
  Mr. Speaker, as Members can see, this bill contains a number of very 
important provisions which will help our parks, its employees, and make 
congressional oversight more effective. I commend all Members who have 
provided input into the bill, Democrats and Republicans alike, and urge 
all Members to support this bipartisan legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, let me just say that I had hoped that we could keep this 
discussion of this bill bipartisan. Obviously, I have to disagree with 
some of the chairman's comments. This is a good bill.
  Employee housing, I had a chance to go to Yellowstone over the recess 
and had a chance to spend some time with our Park Service employees, 
not just in law enforcement but also park rangers, men and women. The 
quality of these men and women is really outstanding. They are hard 
workers. Of course Yellowstone is the crown jewel.
  They talked to me about this housing issue. Basically what you have 
is some of our, especially bachelor, park rangers living in what is 
generously called some very substandard housing. We have to do better. 
We have to do better for our park employees.
  Let me address some of the chairman's statements. I disagree. I think 
Secretary Babbitt has done a good job with the Park Service. I think 
Director Kennedy has done a good job, too. I differ with the chairman 
on whether Tom Brokaw or Robert Redford would have been good directors 
of the Park Service. I think what Secretary Babbitt is looking at is 
somebody with high visibility, to give the parks the visibility that 
they need.
  I know the chairman agrees with me. We have got to find ways to 
ensure that these parks are funded. We need the private sector to help. 
I think that was one of the objectives viewed there. But I am not going 
to get into an argument with him, except to say that this 
administration has done a good job with the environment and with the 
Park Service, particularly Director Kennedy and Secretary Babbitt.
  This is an occasion where, perhaps a few times that we have come 
together on a bill, we should recognize that that has happened. I 
commend the gentleman from Colorado [Mr. Hefley] and the gentleman from 
Utah [Mr. Hansen] for this bill. It is a good one. They work with us. 
They compromise. We compromise. We have a good product that I think 
will advance the national interest.

                              {time}  1445

  Mr. Speaker, I yield back the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I appreciate the words from the ranking member of the 
committee. Let me say that, as a Republican member, we have no desire 
to close any parks, contrary to what people have said, but to make them 
better.
  I think this particular piece of legislation, as we waded through all 
the sections, points out and expedites the things that will make the 
parks better and make them work better; and we are very strong on the 
idea of taking care of our national parks. We have no argument with the 
administration on most things that they do, but in some of these areas 
we feel that what they do, but in some of these areas we feel that what 
should be done should be done not for what is politically expedient, 
but done fore the benefit of the parks, and that is the agreement we 
thought we had when we first got into the business of this committee.
  I appreciate all those who have worked so diligently on this bill. I 
personally feel this is an excellent piece of legislation, and I urge 
all Members to support it.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Miller of Florida). The question is on 
the motion offered by the gentleman from Utah [Mr. Hansen] that the 
House suspend the rules and pass the bill, H.R. 2941, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________