[Congressional Record Volume 158, Number 108 (Wednesday, July 18, 2012)]
[Senate]
[Pages S5136-S5138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (by request):
  S. 3398. A bill to provide for several critical National Park Service 
authorities, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. BINGAMAN. Mr. President, last month the Department of the 
Interior transmitted two draft legislative proposals relating to the 
National Park Service. Both executive communications were referred to 
the Committee on Energy and Natural Resources.
  The first legislative proposal, the National Park Service Critical 
Authorities Act of 2012, would address three National Park Service 
management concerns. The second proposal, the National Park Service 
Study Act of 2012, would authorize the Park Service to undertake or 
update fifteen special resource studies to determine the 
appropriateness of adding the study areas to the National Park System.
  I am pleased to introduce these bills, S. 3398 and S. 3399, by 
request as a courtesy to the Administration. Mr. President, I ask 
unanimous consent that the transmittal letters from the Secretary of 
the Interior, including a section-by-section analysis of each bill, be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


[[Page S5137]]


                                       Department of the Interior,


                                      Office of the Secretary,

                                     Washington, DC, June 5, 2012.
     Hon. Joseph R. Biden, Jr.,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Enclosed is a draft of a bill entitled, 
     ``National Park System Critical Authorities Act of 2012.'' 
     Also enclosed is a section-by-section analysis of the bill.
       We recommend that the bill be introduced, referred to the 
     appropriate committee for consideration, and enacted.
       This proposal is needed to resolve three specific National 
     Park Service issues that are of critical concern. Enactment 
     of this legislation would promote more effective and 
     efficient government operations. None of the three measures 
     would result in costs to the federal government, other than 
     very nominal costs.
       These new authorities address:
       District of Columbia Snow Removal: The proposal amends a 
     1922 law by requiring federal agencies in the District to be 
     responsible for the removal of snow and ice in the public 
     areas associated with their buildings. Although federal 
     agencies have assumed responsibility for snow removal at 
     their respective sites, the language in the 1922 law 
     specifies that the National Park Service is responsible. 
     Enactment of this provision would eliminate a longstanding 
     legal liability burden for the National Park Service.
       George Washington Memorial Parkway: The proposal authorizes 
     the Federal Highway Administration (FHA) and the National 
     Park Service to exchange lands along the George Washington 
     Memorial Parkway. Currently, the Service has a written 
     agreement with the FHA permitting public access to the Claude 
     Moore Historical Farm. Land exchange authority would allow 
     for a permanent guarantee of visitor access to the site as 
     well as the ability to increase security at the FHA's Turner-
     Fairbank Highway Research Center and the Central Intelligence 
     Agency complex adjacent to the farm.
       Uniform Penalties for Violations on Park Service Lands: The 
     inclusion of a number of military and historic sites into the 
     National Park System during the 1930's created 
     inconsistencies in the penalties used for violations at 
     various parks. This disparity in penalties undermines fair 
     and effective law enforcement and criminal prosecution. This 
     proposal would eliminate these inconsistencies in federal 
     penalties for crimes committed in certain park units.
       The Statutory Pay-As-You-Go Act of 2010 provides that 
     revenue and direct spending legislation cannot, in the 
     aggregate, increase the on-budget deficit. If such 
     legislation increases the on-budget deficit and that increase 
     is not offset by the end of the Congressional session, a 
     sequestration must be ordered. This proposal would affect 
     revenues, but the effects of this proposal would net to zero; 
     therefore, it is in compliance with the Statutory PAYGO Act.
       The Office of Management and Budget has advised that there 
     is no objection to the enactment of the attached draft 
     legislation from the standpoint of the Administration's 
     program.
           Sincerely,
                                                      Ken Salazar.
       Enclosures.

   National Park System Critical Authorities Act of 2012 Section-by-
                            Section Analysis

       Section 1: Provides a short title, ``National Park System 
     Critical Authorities Act of 2012''.
       Section 2: Amends ``An Act providing for the removal of 
     snow and ice from the paved sidewalks of the District of 
     Columbia'' by directing federal agencies in the District to 
     be responsible for snow and ice removal in public areas in 
     front of or adjacent to their managed properties.
       Section 3: Authorizes an exchange of land between the 
     National Park Service and the Federal Highway Administration. 
     The exchange would allow for permanent access to the Claude 
     Moore Colonial Farm, part of the George Washington Memorial 
     Parkway, and for improved security at the Turner-Fairbank 
     Highway Research Center and the Central Intelligence Agency's 
     Langley Headquarters.
       Section 4: Amends the Act of March 2, 1933, to make 
     violations occurring in various park sites consistent with 
     the penalties set out in 16 U.S.C. 3 and 18 U.S.C. 3571.
       Section 5: Authorizes appropriations to carry out this Act.
                                  ____



                                The Secretary of the Interior,

                                    Washington, DC, June 22, 2012.
     Hon. Joseph R. Biden, Jr.,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: Enclosed is a draft of a bill entitled. 
     the ``National Park Service Study Act of 2012.'' Also 
     enclosed is a section-by-section analysis of the bill.
       We recommend that the bill be introduced, referred to the 
     appropriate committee for consideration, and enacted.
       This proposed legislation would authorize the National Park 
     Service to conduct several studies of areas and themes that 
     merit consideration. The studies would include:
       Kau Coast--Adjacent to Hawaii Volcanoes National Park, the 
     area includes more than 20,000 acres along 27 miles of the 
     spectacular Kau Coast on the south side of the island of 
     Hawaii. A reconnaissance survey completed in 2006 found the 
     area contains significant natural, geological, and 
     archeological features including both black and green sand 
     beaches as well as a significant number of endangered and 
     threatened species, most notably the endangered hawksbill 
     turtle. It also exhibits some of the best remaining examples 
     of native coastal vegetation in Hawaii.
       Rota, Commonwealth of the Northern Mariana Islands--Rota 
     was the only major island in the Mariana Archipelago to be 
     spared the destruction and large-scale land use changes 
     brought about by World War II and its aftermath. The best 
     remaining examples of this island chain's native limestone 
     forest are found on Rota. Rota is also regarded as the 
     cultural home of the indigenous Chamorro people and contains 
     the most striking and well-preserved examples of their three 
     thousand-year old culture.
       Aleut Relocation and Confinement--Nine sites in the State 
     of Alaska are associated with the forced relocation of the 
     Aleut people by the United States during World War II. Unlike 
     the internment of Japanese-Americans during the war, the 
     forced evacuation and confinement of Alaska natives is little 
     known but equally poignant and historically significant. Four 
     Unangan villages were left behind in the evacuations and 
     never permanently resettled. Residents of the villages of 
     Biorka, Kashega, and Makushin, all in the Unalaska Island 
     area, were removed and taken to southeast Alaska. Residents 
     of Attu were taken by Japanese soldiers to an internment camp 
     on Hokkaido, Japan for the duration of the war.
       Japanese American Relocation Camps--Japanese Americans were 
     forced into 10 internment and relocation camps in the 
     contiguous United States by the U.S. Government during World 
     War II. The special resource study proposed by this 
     legislation would look at seven camps where the extant 
     resources remain without National Park Service protection: 
     Heart Mountain Relocation Center in Wyoming; Gila River and 
     Poston in Arizona; Grenada in Colorado; Jerome and Rohwer in 
     Arkansas; and Topaz in Utah.
       American Latino Heritage in the San Luis Valley and Central 
     Sangre de Cristo Mountains--The San Luis Valley represents 
     the northernmost expansion of the Spanish Colonial and 
     Mexican frontiers into North America. Here at the edge of the 
     southern Rocky Mountains, the legacy of this Latino 
     settlement is still clearly evident. A reconnaissance survey 
     conducted in 2011 identified a distinctive and exceptional 
     concentration of historic resources associated with Latino 
     settlement, including Colorado's oldest documented town, only 
     communal pasture, first water right, and oldest church, and 
     called for further study.
       Goldfield--Goldfield is a historic mining community in 
     southwestern Nevada. A reconnaissance survey completed in 
     2009 found the site contained nationally significant 
     resources, and recommended that a special resource study be 
     completed. The study would include extensive public 
     involvement with local landowners, government agencies, area 
     businesses and non-profit organizations. It would examine a 
     wide range of public and private options for the future 
     protection and interpretation of the Goldfield site in 
     relation to the mining history of the United States and the 
     State of Nevada.
       Hudson River Valley--The Hudson River Valley in New York is 
     known for its unique natural resources, its archeological 
     remains documenting 6,000 years of human occupation, and its 
     history as the river that revolutionized a new method of 
     waterborne transportation--the steamboat. It also provides 
     recreational opportunities to millions of residents. The area 
     may provide an opportunity to explore a new prototype of 
     landscape scale protection in an urban, suburban and rural 
     setting through the combination of potential unit designation 
     and a Federal, state and local cooperative effort to protect 
     non-federally owned natural and historic resources.
       Norman Studios--Norman Studios was a silent movie 
     production house in Jacksonville, Florida during the 1920s 
     specializing in what were then known as ``race films.'' These 
     films used African American writers and actors to create 
     entertainment for an African American audience, portraying 
     African Americans in realistic terms rather than the 
     caricatures and stereotypes commonly found in Hollywood films 
     of that era. On the basis of a reconnaissance survey 
     completed in 2010, the National Park Service concluded that a 
     special resource study of the Norman Studios site is 
     warranted.
       Mobile-Tensaw River Delta--This delta, in southern Alabama, 
     is the second largest delta in the United States, after the 
     Mississippi River Delta, and is considered the best remaining 
     delta ecosystem of its kind in the country. At 40 miles long 
     and 6 to 16 miles wide, it contains 300 square miles of flood 
     plains, cypress-gum swamps, tidal marshes, and bottomland 
     forests. The Delta is ecologically rich, supporting 126 
     species of fish, 46 species of mammals, 99 species of 
     reptiles and amphibians, and over 300 species of birds. It 
     was designated as a national natural landmark in 1974 and has 
     more than 100,000 contiguous acres of Federal and state 
     property.
       Galveston Bay--Galveston Bay is the largest, most 
     biologically productive estuary along the Texas Gulf coast. 
     The shallow bay's 600 square miles (384,000 acres) of open 
     water, freshwater and tidal marshes, seagrass meadows, and 
     oyster reefs are surrounded by bottomland forest and prairie 
     wetland and are home to over 1,800 pairs of

[[Page S5138]]

     endangered brown pelicans. The bay produces more oysters than 
     any other body of water in the United States, and yields 
     about one third of Texas' commercial fishing harvest. Dredged 
     shipping channels cross the bay to the busy port of Houston. 
     The east and west lobes of the bay adjoin the Anahuac and 
     Brazaria National Wildlife Refuges, which together protect 
     over 77,000 acres of habitat.
       Peleliu--A special resource study of the World War II 
     Peleliu battlefield was completed in 2003. The study found 
     that the Peleliu battlefield met significance and suitability 
     criteria but the village clans who claim ownership of the 
     lands would consider setting aside only a small portion as a 
     battlefield site. The area was considerably smaller than that 
     identified by the NPS as the minimum area for which a 
     determination of feasibility could be made. There has been a 
     substantial shift in support by the local people for the site 
     becoming a unit of the National Park System and an updated 
     study would allow a reexamination of the feasibility issue.
       Vermejo Park Ranch--A special resource study of the Vermejo 
     Park Ranch in New Mexico and Colorado was completed in 1979, 
     and concluded that the ranch possessed nationally significant 
     cultural and natural resources that merited inclusion in the 
     National Park System. Thirty-two years have elapsed since the 
     special resource study and several significant changes to the 
     ranch have occurred during the interim. A recent 
     reconnaissance survey recommended an update of the 1979 study 
     to determine whether this area still meets the criteria for 
     addition to the National Park System.
       Buffalo Soldiers in the National Parks--In the early years 
     of the National Parks, the Buffalo Soldiers were the 
     forerunners of today's park rangers, patrolling the 
     backcountry, building trails, and stopping poaching. The 
     study would evaluate the suitability and feasibility of 
     establishing a national historic trail commemorating the 
     route traveled by the Buffalo Soldiers from their post in the 
     Presidio of San Francisco to Sequoia and Yosemite National 
     Parks. It would also identify sites that could be further 
     evaluated for listing on the National Register of Historic 
     Places and for designation as National Historic Landmarks.
       Reconstruction Era in the South--A National Historic 
     Landmark theme study would identify sites that are 
     significant to the Reconstruction era in the south. It was a 
     controversial and difficult period in American history 
     characterized by the adoption of new constitutional 
     amendments and laws, the establishment of new institutions, 
     and the occurrence of significant political events all 
     surrounding the efforts to reincorporate the South into the 
     Union and to provide newly freed slaves with political rights 
     and opportunities to improve their lives. The theme study 
     would include recommendations for the nomination of any new 
     National Historic Landmarks, and sites which merit further 
     study for potential inclusion in the National Park System.
       Chattahoochee River National Recreation Area--A study of a 
     boundary expansion for the Chattahoochee River National 
     Recreation Area is proposed for an area extending 
     approximately 45 miles from the southern boundary of the 
     existing National Recreation Area south to the junction of 
     Coweta, Heard, and Carroll Counties. These areas along the 
     Chattahoochee River corridor include several state and county 
     parks.
       The Office of Management and Budget has advised that there 
     is no objection to the enactment of the attached draft 
     legislation from the standpoint of the Administration's 
     program.
           Sincerely,
                                                      Ken Salazar.
                                 ______