[Congressional Record Volume 155, Number 182 (Monday, December 7, 2009)]
[House]
[Pages H13537-H13540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     NATIONAL PARK SERVICE AUTHORITIES AND CORRECTIONS ACT OF 2009

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3804) to make technical corrections to various Acts 
affecting the National Park Service, to extend, amend, or establish 
certain National Park Service authorities, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3804

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Park Service Authorities and Corrections Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

             TITLE I--NATIONAL PARK SERVICE AUTHORIZATIONS

Sec. 101. National Park System Advisory Board.
Sec. 102. National Park Service Concessions Management Advisory Board.
Sec. 103. National Park System uniform penalties.
Sec. 104. Volunteers in the parks.

                    TITLE II--PEARL HARBOR TICKETING

Sec. 201. Definitions.
Sec. 202. Facilitation of admission to historic attractions within 
              Pearl Harbor Naval Complex.
Sec. 203. Protection of resources.

               TITLE III--CHANGES TO NATIONAL PARK UNITS

Sec. 301. George Washington Memorial Parkway.
Sec. 302. District of Columbia snow removal.
Sec. 303. Martin Luther King, Jr. National Historical Park.
Sec. 304. Lava Beds National Monument Wilderness boundary adjustment.

                    TITLE IV--TECHNICAL CORRECTIONS

Sec. 401. Baltimore National Heritage Area.
Sec. 402. Muscle Shoals National Heritage Area.
Sec. 403. Snake River headwaters.
Sec. 404. Taunton River.
Sec. 405. Cumberland Island National Seashore.
Sec. 406. Niagara Falls National Heritage Area.

             TITLE I--NATIONAL PARK SERVICE AUTHORIZATIONS

     SEC. 101. NATIONAL PARK SYSTEM ADVISORY BOARD.

       Section 3(f) of the Act entitled, ``An Act to provide for 
     the preservation of historic American sites, buildings, 
     objects, and antiquities of national significance, and for 
     other purposes'', approved August 21, 1935 (16 U.S.C. 
     463(f)), is amended in the first sentence by striking 
     ``2010'' and inserting ``2020''.

     SEC. 102. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT 
                   ADVISORY BOARD.

       Section 409(d) of the National Park Service Concessions 
     Management Improvement Act of 1998 (Public Law 105-391) is 
     amended by striking ``2009'' and inserting ``2019''.

     SEC. 103. NATIONAL PARK SYSTEM UNIFORM PENALTIES.

       (a) Fines and Imprisonment.--The first section of the Act 
     entitled, ``An Act to provide for the protection of national 
     military parks, national parks, battlefield sites, national 
     monuments, and miscellaneous memorials under the control of 
     the War Department'', approved March 2, 1933 (47 Stat. 1420, 
     ch. 180), is amended by striking ``such fine and 
     imprisonment.'' and inserting ``such fine and imprisonment; 
     except if the violation occurs within a park, site, monument, 
     or memorial that is part of the National Park System, where 
     violations shall be subject to the penalty provision set 
     forth in section 3 of the Act of August 25, 1916 (16 U.S.C. 
     3; commonly known as the `National Park Service Organic

[[Page H13538]]

     Act') and section 3571 of title 18, United States Code.''.
       (b) Cost of Proceedings.--Section 2(k) of the Act entitled, 
     ``An Act to provide for the preservation of historic American 
     sites, buildings, objects, and antiquities of national 
     significance, and for other purposes'', approved August 21, 
     1935 (16 U.S.C. 462(k)), is amended by striking ``cost of the 
     proceedings.'' and inserting ``cost of the proceedings; 
     except if the violation occurs within an area that is part of 
     the National Park System, where violations shall be subject 
     to the penalty provision set forth in section 3 of the Act of 
     August 25, 1916 (16 U.S.C. 3; commonly known as the `National 
     Park Service Organic Act'), and section 3571 of title 18, 
     United States Code.''.

     SEC. 104. VOLUNTEERS IN THE PARKS.

       Section 4 of the Volunteers in the Parks Act of 1969 (16 
     U.S.C. 18j) is amended by striking ``$3,500,000'' and 
     inserting ``$10,000,000''.

                    TITLE II--PEARL HARBOR TICKETING

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Pearl harbor historic site.--The term ``Pearl Harbor 
     historic site'' means a historic attraction within the Pearl 
     Harbor Naval Complex, including the USS Bowfin Submarine 
     Museum and Park, the Battleship Missouri Memorial, the 
     Pacific Aviation Museum--Pearl Harbor, and any other historic 
     attraction that the Secretary identifies as a Pearl Harbor 
     historic site and that is not administered or managed by the 
     Secretary.
       (3) Visitor center.--The term ``visitor center'' means the 
     visitor center located within the Pearl Harbor Naval Complex 
     on lands that are within the World War II Valor in the 
     Pacific National Monument and managed by the Secretary 
     through the National Park Service.

     SEC. 202. FACILITATION OF ADMISSION TO HISTORIC ATTRACTIONS 
                   WITHIN PEARL HARBOR NAVAL COMPLEX.

       (a) In General.--The Secretary, in managing the World War 
     II Valor in the Pacific National Monument, may enter into an 
     agreement with the nonprofit organizations or other legally 
     recognized entities that are authorized to administer or 
     manage a Pearl Harbor historic site--
       (1) to allow visitors to a Pearl Harbor historic site to 
     gain access to the site by passing through security screening 
     at the Visitor Center; and
       (2) to allow the sale of tickets to a Pearl Harbor historic 
     site within the Visitor Center by employees of the National 
     Park Service or by organizations that administer or manage a 
     Pearl Harbor historic site.
       (b) Terms and Conditions.--In any agreement entered into 
     pursuant to this title, the Secretary--
       (1) shall require the organization administering or 
     managing a Pearl Harbor historic site to pay to the Secretary 
     a reasonable fee to recover administrative costs associated 
     with the use of the Visitor Center for public access and 
     ticket sales, the proceeds of which shall remain available, 
     without further appropriation, for use by the National Park 
     Service at the World War II Valor in the Pacific National 
     Monument;
       (2) shall ensure the limited liability of the United States 
     arising from the admission of the public through the Visitor 
     Center to a Pearl Harbor historic site and the sale or 
     issuance of any tickets to the site; and
       (3) may include any other terms and conditions the 
     Secretary deems appropriate.
       (c) Limitation of Authority.--Under this title, the 
     Secretary shall have no authority--
       (1) to regulate or approve the rates for admission to an 
     attraction within the Pearl Harbor historic site;
       (2) to regulate or manage any visitor services of any 
     historic sites within the Pearl Harbor Naval Complex other 
     than at those sites managed by the National Park Service as 
     part of World War II Valor in the Pacific National Monument; 
     or
       (3) to charge an entrance fee for admission to the World 
     War II Valor in the Pacific National Monument.

     SEC. 203. PROTECTION OF RESOURCES.

       Nothing in this title authorizes the Secretary or any 
     organization that administers or manages a Pearl Harbor 
     historic site to take any action in derogation of the 
     preservation and protection of the values and resources of 
     the World War II Valor in the Pacific National Monument.

               TITLE III--CHANGES TO NATIONAL PARK UNITS

     SEC. 301. GEORGE WASHINGTON MEMORIAL PARKWAY.

       (a) Purpose.--The purpose of this section is to authorize, 
     direct, facilitate, and expedite the transfer of 
     administrative jurisdiction of certain Federal land in 
     accordance with the terms and conditions of this section.
       (b) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Research center.--The term ``Research Center'' means 
     the Federal Highway Administration's Turner-Fairbank Highway 
     Research Center.
       (3) Farm.--The term ``Farm'' means the Claude Moore 
     Colonial Farm.
       (4) Map.--The term ``Map'' means the map titled ``GWMP--
     Claude Moore Proposed Boundary Adjustment'', numbered 850/
     82003, and dated April 2004. The map shall be available for 
     public inspection in the appropriate offices of the National 
     Park Service, Department of the Interior.
       (c) Administrative Jurisdiction Transfer.--
       (1) Transfer of jurisdiction.--
       (A) In general.--The Secretary and the Secretary of 
     Transportation are authorized to transfer administrative 
     jurisdiction for approximately 0.342 acre of land under the 
     jurisdiction of the Department of the Interior within the 
     boundary of the George Washington Memorial Parkway, generally 
     depicted as ``B'' on the Map, for approximately 0.479 acre 
     within the boundary of the Research Center land under the 
     jurisdiction of the Department of Transportation adjacent to 
     the boundary of the George Washington Memorial Parkway, 
     generally depicted as ``A'' on the Map.
       (B) Use restriction.--The Secretary shall restrict the use 
     of 0.139 acre of land within the boundary of the George 
     Washington Memorial Parkway immediately adjacent to part of 
     the north perimeter fence of the Research Center, generally 
     depicted as ``C'' on the Map, by prohibiting the storage, 
     construction, or installation of any item that may obstruct 
     the view from the Research Center into the George Washington 
     Memorial Parkway.
       (2) Reimbursement or consideration.--The transfer of 
     administrative jurisdiction under this section shall occur 
     without reimbursement or consideration.
       (3) Compliance with agreement.--
       (A) Agreement.--The National Park Service and the Federal 
     Highway Administration shall comply with all terms and 
     conditions of the Agreement entered into by the parties on 
     September 11, 2002, regarding the transfer of administrative 
     jurisdiction, management, and maintenance of the lands 
     discussed in the Agreement.
       (B) Access to land.--The Secretary shall allow the Research 
     Center access to the land the Secretary restricts under 
     paragraph (1)(B) for purposes of maintenance in accordance 
     with National Park Service standards, which includes grass 
     mowing and weed control, tree maintenance, fence maintenance, 
     and visual appearance. No tree 6 inches or more in diameter 
     shall be pruned or removed without the advance written 
     permission of the Secretary. Any pesticide use must be 
     approved in writing by the Secretary prior to application of 
     the pesticide.
       (d) Management of Transferred Lands.--
       (1) Interior land.--The land transferred to the Secretary 
     under subsection (c)(1) shall be included in the boundaries 
     of the George Washington Memorial Parkway and shall be 
     administered by the National Park Service as part of the 
     parkway subject to applicable laws and regulations.
       (2) Transportation land.--The land transferred to the 
     Secretary of Transportation under subsection (c)(1) shall be 
     included in the boundary of the Research Center and shall be 
     removed from the boundary of the parkway.
       (3) Restricted-use land.--The land the Secretary has 
     designated for restricted use under subsection (c)(1) shall 
     be maintained by the Research Center.

     SEC. 302. DISTRICT OF COLUMBIA SNOW REMOVAL.

       Section 3 of the Act entitled, ``An Act Providing for the 
     removal of snow and ice from the paved sidewalks of the 
     District of Columbia'', approved September 16, 1922 (Sec. 9-
     603, D.C. Official Code), is amended to read as follows:
       ``Sec. 3. (a) It shall be the duty of a Federal agency to 
     remove, or cause to be removed, snow, sleet, or ice from 
     paved sidewalks and crosswalks within the fire limits of the 
     District of Columbia that are--
       ``(1) in front of or adjacent to buildings owned by the 
     United States and under such Federal agency's jurisdiction; 
     or
       ``(2) public thoroughfares in front of, around, or through 
     public squares, reservations, or open spaces and that are 
     owned by the United States and under such Federal agency's 
     jurisdiction.
       ``(b) The snow, sleet, or ice removal required by 
     subsection (a) shall occur within a reasonable time period 
     after snow or sleet ceases to fall or after ice has 
     accumulated. In the event that snow, sleet, or ice has 
     hardened and cannot be removed, such Federal agency shall--
       ``(1) make the paved sidewalks and crosswalks under its 
     jurisdiction described in subsection (a) reasonably safe for 
     travel by the application of sand, ashes, salt, or other 
     acceptable materials; and
       ``(2) as soon as practicable, thoroughly remove the snow, 
     sleet, or ice.
       ``(c)(1) The duty of a Federal agency described in 
     subsections (a) and (b) may be delegated to another 
     governmental or nongovernmental entity through a lease, 
     contract, or other comparable arrangement.
       ``(2) If two or more Federal agencies have overlapping 
     responsibility for the same sidewalk or crosswalk they may 
     enter into an arrangement assigning responsibility.''.

     SEC. 303. MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK.

       (a) Amendments.--The Act entitled ``An Act to establish the 
     Martin Luther King, Junior, National Historic Site in the 
     State of Georgia, and for other purposes'', approved October 
     10, 1980 (Public Law 96-428; 94 Stat. 1839) is amended--
       (1) in the first section, by striking ``the map entitled 
     `Martin Luther King, Junior, National Historic Site Boundary 
     Map', number 489/80,013B, and dated September 1992''

[[Page H13539]]

     and inserting ``the map titled `Martin Luther King, Jr. 
     National Historical Park', numbered 489/80,032, and dated 
     April 2009'';
       (2) by striking ``Martin Luther King, Junior, National 
     Historic Site'' each place it appears and inserting ``Martin 
     Luther King, Jr. National Historical Park''; and
       (3) by striking ``historic site'' each place it appears and 
     inserting ``historical park''.
       (b) References.--Any reference in any law (other than this 
     Act), map, regulation, document, record, or other official 
     paper of the United States to the ``Martin Luther King, 
     Junior, National Historic Site'' shall be considered to be a 
     reference to the ``Martin Luther King, Jr. National 
     Historical Park''.

     SEC. 304. LAVA BEDS NATIONAL MONUMENT WILDERNESS BOUNDARY 
                   ADJUSTMENT.

       The first section of the Act of October 13, 1972 (Public 
     Law 92-493; 16 U.S.C. 1132 note), is amended in the first 
     sentence--
       (1) by striking ``That, in'' and inserting the following:
       ``Section 1.  In''; and
       (2) by striking ``ten thousand acres'' and all that follows 
     through the end of the sentence and inserting ``10,431 acres, 
     as depicted within the proposed wilderness boundary on the 
     map titled `Lava Beds National Monument, Proposed Wilderness 
     Boundary Adjustment', numbered 147/80,015, and dated 
     September 2005, and those lands within the area generally 
     known as the `Schonchin Lava Flow', comprising approximately 
     18,029 acres, as depicted within the proposed wilderness 
     boundary on the map, are designated as wilderness.''.

                    TITLE IV--TECHNICAL CORRECTIONS

     SEC. 401. BALTIMORE NATIONAL HERITAGE AREA.

       The Omnibus Public Land Management Act of 2009 (Public Law 
     111-11) is amended--
       (1) in sections 8005(b)(3) and 8005(b)(4) by striking 
     ``Baltimore Heritage Area Association'' and inserting 
     ``Baltimore City Heritage Area Association''; and
       (2) in section 8005(i) by striking ``Effectiveness'' and 
     inserting ``Financial Assistance''.

     SEC. 402. MUSCLE SHOALS NATIONAL HERITAGE AREA.

       Section 8009(j) of the Omnibus Public Land Management Act 
     of 2009 is amended by striking ``Effectiveness'' and 
     inserting ``Financial Assistance''.

     SEC. 403. SNAKE RIVER HEADWATERS.

       Section 5002(c)(1) of the Omnibus Public Land Management 
     Act of 2009 is amended by striking ``paragraph (205) of 
     section 3(a)'' each place it appears and inserting 
     ``paragraph (206) of section 3(a)''.

     SEC. 404. TAUNTON RIVER.

       Section 5003(b) of the Omnibus Public Land Management Act 
     of 2009 is amended by striking ``section 3(a)(206)'' each 
     place it appears and inserting ``section 3(a)(207)''.

     SEC. 405. CUMBERLAND ISLAND NATIONAL SEASHORE.

       Section 6(b) of the Act titled ``An Act to establish the 
     Cumberland Island National Seashore in the State of Georgia, 
     and for other purposes'' (Public Law 92-536) is amended by 
     striking ``physiographic conditions not prevailing'' and 
     inserting ``physiographic conditions now prevailing''.

     SEC. 406. NIAGARA FALLS NATIONAL HERITAGE AREA.

       Section 427(k) of the Consolidated Natural Resources Act of 
     2008 (Public Law 110-229) is amended by striking ``Except as 
     provided for the leasing of administrative facilities under 
     subsection (g)(1), the'' and inserting ``The''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from South Carolina (Mr. Brown) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 3804 is a package of reauthorizations and technical corrections 
introduced at the request of the National Park Service by 
Representative Paul Tonko.
  The bill includes 10-year reauthorizations for the National Park 
System Advisory Board and the National Park Service Concession 
Management Advisory Board.
  H.R. 3804 also increases the authorization for the popular Volunteers 
in Parks program, which provides reimbursement for travel costs and 
other small expenses to volunteers whose contributions to our parks are 
enormous.
  Among other provisions, H.R. 3804 also changes the designation of the 
Martin Luther King, Jr. National Historic Site in Atlanta, makes 
several minor boundary adjustments, and allows park staff at the USS 
Arizona Memorial to work with other organizations to ease visitors' 
admission to the many historic sites at Pearl Harbor in Hawaii.
  Mr. Speaker, Representative Tonko is to be commended for helping the 
National Park System with this legislation, and I urge my colleagues to 
support it.
         House of Representatives, Committee on Oversight and 
           Government Reform,
                                 Washington, DC, December 2, 2009.
     Hon. Nick Rahall,
     Chairman, Committee on Natural Resources, Longworth House 
         Office Building, Washington, DC.
       Dear Chairman Rahall: I am writing about H.R. 3804, the 
     ``National Park Service Authorities and Corrections Act of 
     2009'', which the Committee on Natural Resources ordered 
     reported to the House on November 10, 2009.
       I appreciate your effort to consult with the Committee on 
     Oversight and Government Reform regarding those provisions of 
     H.R. 3804 that fall within the Oversight Committee's 
     jurisdiction. These provisions include matters related to 
     snow and ice removal within the District of Columbia.
       In the interest of expediting consideration of H.R. 3804, 
     the Committee on Oversight and Government Reform will not 
     object to the consideration of this bill in the House. I 
     would, however, request your support for the appointment of 
     conferees from the Committee on Oversight and Government 
     Reform should H.R. 3804 or a similar Senate bill be 
     considered in conference with the Senate.
       This letter should not be construed as a waiver of the 
     Committee on Oversight and Government Reform's legislative 
     jurisdiction over subjects addressed in H.R. 3804 that fall 
     within the jurisdiction of the Oversight Committee.
       Finally, I request that you include our exchange of letters 
     on this matter in the Committee on Natural Resources report 
     on H.R. 3804 and in the Congressional Record during 
     consideration of this legislation on the House floor.
           Sincerely,
                                                   Edolphus Towns,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Natural Resources,

                                 Washington, DC, December 2, 2009.
     Hon. Edolphus Towns,
     Chairman, Committee on Oversight and Government Reform, 
         Rayburn H.O.B., Washington, DC.
       Dear Mr. Chairman: Thank you for your willingness to 
     expedite floor consideration of H.R. 3804, the National Park 
     Service Authorities and Corrections Act of 2009, which 
     contains provisions that fall within the jurisdiction of the 
     Committee on Oversight and Government Reform.
       I appreciate your willingness to waive rights to further 
     consideration of H.R. 3804, even though your Committee has 
     received an additional referral. Of course, this waiver does 
     not prejudice any further jurisdictional claims by your 
     Committee over this legislation or similar language. 
     Furthermore, I agree to support your request for appointment 
     of conferees from the Committee on Oversight and Government 
     Reform if a conference is held on this matter.
       This exchange of letters will be inserted in the 
     Congressional Record as part of the consideration of the bill 
     on the House floor. Thank you for the cooperative spirit in 
     which you have worked regarding this matter and others 
     between our respective committees.
       With warm regards, I am
           Sincerely,
                                               Nick J. Rahall, II,
                         Chairman, Committee on Natural Resources.

  Mr. Speaker, I reserve the balance of my time.
  Mr. BROWN of South Carolina. Mr. Speaker, I yield myself such time as 
I may consume.
  Although many parts of this legislation are technical, there are a 
few extra ``want list'' items thrown in by the National Park Service. 
It is a bad practice for us to enact substantive changes in law or 
extensions of authority under the guise of a technical corrections 
bill.
  I want to call the attention of the House to two of the provisions of 
this bill that should have been subject to hearings and thoughtful 
deliberation.
  First, the reauthorization of the NPS Advisory Board is not a 
technical matter. The board has recently been reauthorized through 
annual appropriations bills, but issues such as conflicts of interest, 
membership qualifications, and the independence of board members who 
work for organizations that receive funds from the Department of the 
Interior should be addressed by Congress. The usefulness of the board 
itself came into question under previous Park Service Directors as it 
was routinely used to stall difficult decisions.
  Second, the Concessions Advisory Board has received little if any 
oversight, and a 10-year reauthorization without any specific inquiry 
may be unjustifiable at this time.
  Typically, these boards have been used as ``plums'' by sitting 
administrations, Republican and Democrat. The

[[Page H13540]]

National Park System has many strong supporters in Congress, including 
me, but I do not think we help the Park Service by enacting unexamined 
provisions of law buried in a technical corrections bill.
  Mr. Speaker, I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support this bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 3804, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________