[Congressional Record Volume 167, Number 108 (Tuesday, June 22, 2021)]
[House]
[Pages H2977-H2980]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MAKING IMPROVEMENTS IN ENACTMENT OF TITLE 54, UNITED STATES CODE, INTO
A POSITIVE LAW TITLE AND TO IMPROVE CODE
Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3241) to make improvements in the enactment of title 54,
United States Code, into a positive law title and to improve the Code,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3241
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Purpose.
Sec. 3. Title 15, United States Code.
Sec. 4. Title 16, United States Code.
Sec. 5. Title 43, United States Code.
Sec. 6. Amendments to Public Law 113-287 and Title 54, United States
Code.
Sec. 7. Transitional and savings provisions.
Sec. 8. Repeals.
SEC. 2. PURPOSE.
The purpose of this Act is to make improvements in the
enactment of title 54, United States Code, into a positive
law title and to improve the Code.
SEC. 3. TITLE 15, UNITED STATES CODE.
Section 107(a)(3)(D) of the Alaska Natural Gas Pipeline Act
(15 U.S.C. 720e(a)(3)(D)) is amended by striking ``the
National Historic Preservation Act (16 U.S.C. 470 et seq.);''
and inserting ``division A of subtitle III of title 54,
United States Code;''.
SEC. 4. TITLE 16, UNITED STATES CODE.
Section 815(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3125(4)) is amended by striking
``section 100101(b)(1)'' and inserting ``section 100101(a)''.
SEC. 5. TITLE 43, UNITED STATES CODE.
Section 4(b) of the Abandoned Shipwreck Act of 1987 (43
U.S.C. 2103(b)) is amended by striking ``title I of the
National Historic Preservation Act,'' and inserting ``chapter
3029 of title 54, United States Code,''.
SEC. 6. AMENDMENTS TO PUBLIC LAW 113-287 AND TITLE 54, UNITED
STATES CODE.
(a) Section 7 of Public Law 113-287.--Effective December
19, 2014, the Schedule of Laws Repealed in section 7 of
Public Law 113-287 (128 Stat. 3273) is amended as follows:
(1) National historic preservation act.--The item relating
to section 401 of the National Historic Preservation Act
(Public Law 89-665, 16 U.S.C. 470x) (128 Stat. 3276) is
stricken and that section is revived to read as if that item
had not been enacted.
(2) Public Law 91-383.--The item relating to section 3 of
Public Law 91-383 (16 U.S.C. 1a-2) (128 Stat. 3277) is
amended to read as follows and subsection (g) (words after
1st sentence) is revived to read as if that item had been
enacted as follows:
``Schedule of Laws Repealed
----------------------------------------------------------------------------------------------------------------
United States Code Former
``Act Section Classification
----------------------------------------------------------------------------------------------------------------
``3 (less (g) (words after 1a-2 (less(g) (words after
----------------------------------------------------------------------------------------------------------------
[[Page H2978]]
(3) Urban park and recreation recovery act.--The items
relating to title X, Sec. Sec. 1004 through 1015 of the Urban
Park and Recreation Recovery Act of 1978 (Public Law 95-625,
92 Stat. 3538) (128 Stat. 3277) are amended to read as
follows:
``Schedule of Laws Repealed
----------------------------------------------------------------------------------------------------------------
United States Code Former
``Act Section Classification
----------------------------------------------------------------------------------------------------------------
``Urban Park and Recreation Recovery Act of 1978 title X, Sec. 1004 16 U.S.C. 2503
``title X, Sec. 1005 16 U.S.C. 2504
``title X, Sec. 1006 16 U.S.C. 2505
``title X, Sec. 1007 16 U.S.C. 2506
``title X, Sec. 1008 16 U.S.C. 2507
``title X, Sec. 1009 16 U.S.C. 2508
``title X, Sec. 1010 16 U.S.C. 2509
``title X, Sec. 1011 16 U.S.C. 2510
``title X, Sec. 1012 16 U.S.C. 2511
``title X, Sec. 1013 16 U.S.C. 2512
``title X, Sec. 1014 16 U.S.C. 2513
``title X, Sec. 1015 16 U.S.C. 2514.''
----------------------------------------------------------------------------------------------------------------
(b) Section 100507.--The heading for subsection (h)(3) of
section 100507 of title 54, United States Code, is amended by
striking ``(b), (c), and (g)'' and inserting ``(b), (c), and
(g)''.
(c) Section 100903.--The heading for subsection (a) of
section 100903 of title 54, United States Code, is amended by
striking ``General'' and inserting ``General.''.
(d) Chapter 1013.--Chapter 1013 of title 54, United States
Code, is amended--
(1) by amending section 101331 to read as follows:
``Sec. 101331. Purposes; definitions
``(a) Purposes.--The purposes of this subchapter are--
``(1) to develop where necessary an adequate supply of
quality housing units for field employees of the Service in a
reasonable timeframe;
``(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 carryout out this subchapter, to the maximum
extent possible, to reduce the need for Federal
appropriations;
``(4) to ensure that adequate funds are available to
provide for long-term maintenance needs of field employee
housing; and
``(5) to eliminate unnecessary Government housing and
locate such housing as is required in a manner such that
primary resource values are not impaired.
``(b) Definitions.--In this subchapter:
``(1) Field employee.--The term `field employee' means--
``(A) an employee of the Service who is exclusively
assigned by the Service to perform duties at a field unit,
and the members of the employee's family; and
``(B) any other individual who is authorized to occupy
Federal Government quarters under section 5911 of title 5,
and for whom there is no feasible alternative to the
provision of Federal Government housing, and the members of
the individual's family.
``(2) Primary resource values.--The term `primary resource
values' means resources that are specifically mentioned in
the enabling legislation for that field unit or other
resource value recognized under Federal statute.
``(3) Quarters.--The term `quarters' means quarters owned
or leased by the Federal Government.
``(4) Seasonal quarters.---The term `seasonal quarters'
means quarters typically occupied by field employees who are
hired on assignments of 6 months or less.''; and
(2) in the chapter table of contents, by amending the item
relating to section 101331 to read as follows:
``101331. Purposes; definitions.''.
(e) Chapter 1015.--Chapter 1015 of title 54, United States
Code, is amended--
(1) by redesignating sections 101521 through 101524 as
sections 101522 through 101525;
(2) by inserting before section 101522, as redesignated by
paragraph (1), the following:
``Sec. 101521. Purpose
``The purpose of this subchapter is to make the System more
accessible in a manner consistent with the preservation of
parks and the conservation of energy by encouraging the use
of transportation modes other than personal motor vehicles
for access to and in System units with minimum disruption to
nearby communities through authorization of a pilot
transportation program.'';
(3) in section 101522(b)(2)(B), as redesignated by
paragraph (1), by striking ``Acquistion'' and inserting
``Acquisition'';
(4) in section 101524(a), as redesignated by paragraph (1),
by striking ``101521'' and inserting ``101522''; and
(5) in the chapter table of contents--
(A) by redesignating the items relating to sections 101521
through 101524 as items relating to sections 101522 through
101525; and
(B) by inserting before the item relating to section
101522, as redesignated by subparagraph (A), the following:
``101521. Purpose.''.
(f) Section 101913.--The heading for paragraph (4)(C) of
section 101913 of title 54, United States Code, is amended by
striking ``mimimum'' and inserting ``minimum''.
(g) Section 102302.--The heading for subsection (d) of
section 102302 of title 54, United States Code, is amended by
striking ``Responsbilities'' and inserting
``Responsibilities''.
(h) Chapter 2003.--Chapter 2003 of title 54, United States
Code, is amended--
(1) by amending section 200301 to read as follows:
``Sec. 200301. Purposes; definitions
``(a) Purposes.--The purposes of this chapter are--
``(1) to assist in preserving, developing, and assuring
accessibility to all citizens of the United States and
visitors who are lawfully present in the United States such
quality and quantity of outdoor recreation resources as may
be available and are necessary and desirable for individual
active participation in that recreation; and
``(2) to strengthen the health and vitality of the citizens
of the United States by--
``(A) providing funds for and authorizing Federal
assistance to the States in planning, acquisition, and
development of needed land and water areas and facilities;
and
``(B) providing funds for the Federal acquisition and
development of certain land and other areas.
``(b) Definitions.--In this chapter:
``(1) Fund.--The term `Fund' means the Land and Water
Conservation Fund established under section 200302 of this
title.
``(2) State.--The term `State' means a State, the District
of Columbia, Puerto Rico, Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands.'';
(2) in section 200310(a), by striking ``section
9503(c)(3)(B) of the Internal Revenue Code of 1986 (26 U.S.C.
9503(c)(3)(B))'' and inserting ``section 9503(c)(3)(A) of the
Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(A))'';
and
(3) in the chapter table of contents, by amending the item
relating to section 200301 to read as follows:
``200301. Purposes; definitions.''.
(i) Chapter 2005.--Chapter 2005 of title 54, United States
Code, is amended--
(1) by amending section 200501 to read as follows:
``Sec. 200501. Purposes; complement to existing Federal
programs; definitions
``(a) Purposes.-- The purposes of this chapter are--
``(1) to authorize the Secretary to establish an urban park
and recreation recovery program that would provide Federal
grants to economically hard-pressed communities specifically
for the rehabilitation of critically needed recreation areas,
facilities, and development of improved recreation programs;
``(2) to improve recreation facilities and expand
recreation services in urban areas with a high incidence of
crime and to help deter crime through the expansion of
recreation opportunities for at-risk youth; and
``(3) to increase the security of urban parks and to
promote collaboration between local agencies involved in
parks and recreation, law enforcement, youth social services,
and juvenile justice system.
``(b) Complement Existing Federal Programs.--The urban park
and recreation recovery program is intended to complement
existing Federal programs such as the Land and Water
Conservation Fund and Community Development Grant Programs by
encouraging and stimulating local governments to revitalize
their park and recreation systems and to make long-term
commitments to continuing maintenance of these systems. The
assistance shall be subject to such terms and conditions as
the Secretary considers appropriate and in the public
interest to carry out the purposes of this chapter.
``(c) Definitions.-- In this chapter:
``(1) At-risk youth recreation grant.--
``(A) In general.--The term `at-risk youth recreation
grant' means a grant in a neighborhood or community with a
high prevalence of crime, particularly violent crime or crime
committed by youthful offenders.
``(B) Inclusions.--The term `at-risk youth recreation
grant' includes--
``(i) a rehabilitation grant;
``(ii) an innovation grant; and
``(iii) a matching grant for continuing program support for
a program of demonstrated value or success in providing
constructive alternatives to youth at risk for engaging in
[[Page H2979]]
criminal behavior, including a grant for operating, or
coordinating, a recreation program or service.
``(C) Additional uses of rehabilitation grant.--In addition
to the purposes specified in paragraph (8), a rehabilitation
grant that serves as an at-risk youth recreation grant may be
used for the provision of lighting, emergency phones, or any
other capital improvement that will improve the security of
an urban park.
``(2) General purpose local government.--The term `general
purpose local government' means--
``(A) a city, county, town, township, village, or other
general purpose political subdivision of a State; and
``(B) the District of Columbia.
``(3) Innovation grant.--The term `innovation grant' means
a matching grant to a local government to cover costs of
personnel, facilities, equipment, supplies, or services
designed to demonstrate innovative and cost-effective ways to
augment park and recreation opportunities at the neighborhood
level and to address common problems related to facility
operations and improved delivery of recreation service, not
including routine operation and maintenance activities.
``(4) Maintenance.--The term `maintenance' means all
commonly accepted practices necessary to keep recreation
areas and facilities operating in a state of good repair and
to protect them from deterioration resulting from normal wear
and tear.
``(5) Private, nonprofit agency.--The term `private,
nonprofit agency' means a community-based, nonprofit
organization, corporation, or association organized for
purposes of providing recreational, conservation, and
educational services directly to urban residents on a
neighborhood or communitywide basis through voluntary
donations, voluntary labor, or public or private grants.
``(6) Recovery action program grant.--
``(A) In general.--The term `recovery action program grant'
means a matching grant to a local government for development
of local park and recreation recovery action programs to meet
the requirements of this chapter.
``(B) Use.--A recovery action program grant shall be used
for resource and needs assessment, coordination, citizen
involvement and planning, and program development activities
to--
``(i) encourage public definition of goals; and
``(ii) develop priorities and strategies for overall
recreation system recovery.
``(7) Recreation area or facility.--The term `recreation
area or facility' means an indoor or outdoor park, building,
site, or other facility that is dedicated to recreation
purposes and administered by a public or private nonprofit
agency to serve the recreation needs of community residents.
Emphasis shall be on public facilities readily accessible to
residential neighborhoods, including multiple-use community
centers that have recreation as 1 of their primary purposes,
but excluding major sports arenas, exhibition areas, and
conference halls used primarily for commercial sports,
spectator, or display activities.
``(8) Rehabilitation grant.--The term `rehabilitation
grant' means a matching capital grant to a local government
for rebuilding, remodeling, expanding, or developing an
existing outdoor or indoor recreation area or facility,
including improvements in park landscapes, buildings, and
support facilities, but excluding routine maintenance and
upkeep activities.
``(9) Special purpose local government.--
``(A) In general.--The term `special purpose local
government' means a local or regional special district,
public-purpose corporation, or other limited political
subdivision of a State.
``(B) Inclusions.--The term `special purpose local
government' includes--
``(i) a park authority;
``(ii) a park, conservation, water, or sanitary district;
and
``(iii) a school district.
``(10) State.--The term `State' means a State, an
instrumentality of a State approved by the Governor of the
State, Puerto Rico, Guam, American Samoa, the Virgin Islands,
and the Northern Mariana Islands.'';
(2) in section 200503(c), by striking ``transferree'' and
inserting ``transferee''; and
(3) in the chapter table of contents, by amending the item
relating to section 200501 to read as follows:
``200501. Purposes; complement to existing Federal programs;
definitions.''.
(j) Section 302302.--The heading for subsection (a) of
section 302302 of title 54, United States Code, is amended by
striking ``Occcur'' and inserting ``Occur''.
(k) Section 302701.--Section 302701(e) of title 54, United
States Code, is amended by striking ``Preservations'' and
inserting ``Preservation''.
(l) Section 302902.--The heading for paragraph (1) of
subsection (b) of section 302902 of title 54, United States
Code is amended by striking ``In general'' and inserting ``In
general''.
(m) Section 302908.--Section 302908(a) of title 54, United
States Code, is amended by inserting ``the'' before
``Government of Palau''.
(n) Chapter 3083.--Chapter 3083 of title 54, United States
Code is amended--
(1) by redesignating sections 308301 through 308304 as
sections 308302 through 308305;
(2) by inserting before section 308302, as redesignated by
paragraph (1), the following:
``Sec. 308301. Purposes
``The purposes of this chapter are--
``(1) to recognize the importance of the Underground
Railroad, the sacrifices made by those who used the
Underground Railroad in search of freedom from tyranny and
oppression, and the sacrifices made by the people who helped
them; and
``(2) to authorize the Service to coordinate and facilitate
Federal and non-Federal activities to commemorate, honor, and
interpret the history of the Underground Railroad, its
significance as a crucial element in the evolution of the
national civil rights movement, and its relevance in
fostering the spirit of racial harmony and national
reconciliation.'';
(3) in section 308302, as redesignated by paragraph (1), by
striking ``308302'' and inserting ``308303'';
(4) in section 308305(a), as redesignated by paragraph
(1)--
(A) in paragraph (1), by striking ``308302'' and inserting
``308303''; and
(B) in paragraph (2), by striking `308303'' and inserting
``308304''; and
(5) in the chapter table of contents--
(A) by redesignating the items relating to sections 308301
through 308304 as items relating to sections 308302 through
308305; and
(B) by inserting before the item relating to section
308302, as redesignated by subparagraph (A), the following:
``308301. Purposes.''.
(o) Section 308704.--Section 308704(a)(1) of title 54,
United States Code, is amended by inserting ``subsection (c)
of this section or'' after ``sold under''.
(p) Section 309101.--The heading for subsection (d) of
section 309101 of title 54, United States Code, is amended by
striking ``Acquistion'' and inserting ``Acquisition''.
(q) Chapter 3111.--Chapter 3111 of title 54, United States
Code, is amended--
(1) by amending section 311101 to read as follows:
``Sec. 311101. Purpose; definitions
``(a) Purpose.--The purpose of this section is to authorize
the Preserve America Program, including--
``(1) the Preserve America grant program in the Department
of the Interior;
``(2) the recognition programs administered by the Advisory
Council on Historic Preservation; and
``(3) the related efforts of Federal agencies, working in
partnership with State, tribal, and local governments and the
private sector, to support and promote the preservation of
historic resources.
``(b) Definitions.--In this chapter:
``(1) Council.--The term `Council' means the Advisory
Council on Historic Preservation.
``(2) Heritage tourism.--The term `heritage tourism' means
the conduct of activities to attract and accommodate visitors
to a site or area based on the unique or special aspects of
the history, landscape (including trail systems), and culture
of the site or area.
``(3) Program.--The term `program' means the Preserve
America Program established under section 311102(a)''; and
(2) in the chapter table of contents, by amending the item
relating to section 311101 to read as follows:
``311101. Purpose; definitions.''.
(r) Section 312304.--The heading for paragraph (4) of
subsection (b) of section 312304 of title 54, United States
Code, is amended by striking ``commisison'' and inserting
``commission''.
SEC. 7. TRANSITIONAL AND SAVINGS PROVISIONS
(a) Definitions.--In this section:
(1) Restated provision.--The term ``restated provision''
means a provision of law that is enacted by section 6.
(2) Source provision.--The term ``source provision'' means
a provision of law that is replaced by a restated provision.
(b) Cutoff Date.--The restated provisions replace certain
provisions of law enacted on or before May 6, 2021. If a law
enacted after that date amends or repeals a source provision,
that law is deemed to amend or repeal, as the case may be,
the corresponding restated provision. If a law enacted after
that date is otherwise inconsistent with a restated provision
or a provision of this Act, that law supersedes the restated
provision or provision of this Act to the extent of the
inconsistency.
(c) Original Date of Enactment Unchanged.--A restated
provision is deemed to have been enacted on the date of
enactment of the source provision.
(d) References to Restated Provisions.--A reference to a
restated provision is deemed to refer to the corresponding
source provision.
(e) References to Source Provisions.--A reference to a
source provision, including a reference in a regulation,
order, or other law, is deemed to refer to the corresponding
restated provision.
(f) Regulations, Orders, and Other Administrative
Actions.--A regulation, order, or other administrative action
in effect under a source provision continues in effect under
the corresponding restated 54 provision.
(g) Actions Taken and Offenses Committed.--An action taken
or an offense committed under a source provision is deemed to
have been taken or committed under the corresponding restated
provision.
[[Page H2980]]
(h) Legislative Construction.--An inference of legislative
construction is not to be drawn by reason of a restated
provision's location in the United States Code or by reason
of the heading used for the restated provision.
SEC. 8. REPEALS.
The following provisions of law are repealed, except with
respect to rights and duties that matured, penalties that
were incurred, or proceedings that were begun before December
19, 2014:
Schedule of Laws Repealed
----------------------------------------------------------------------------------------------------------------
United States Code Former
Act Section Classification
----------------------------------------------------------------------------------------------------------------
Act of May 15, 1896 (ch. 182)..................... 1 16 U.S.C. 411
2 16 U.S.C. 412
Act of March 3, 1897 (ch. 372).................... 1 16 U.S.C. 413
2 16 U.S.C. 414
4 16 U.S.C. 416
5 16 U.S.C. 413, 414, 416
Act of August 24, 1912 (ch. 355 (last paragraph 1 16 U.S.C. 421
under heading ``national military parks'' at 37
Stat. 442).......................................
Land and Water Conservation Fund Act of 1965 (Pub. title I, Sec. 1(b) 16 U.S.C. 460l-4
L. 88-578).......................................
Public Law 95-344................................. title III, Sec. 301(b) 16 U.S.C. 2301(b)
Urban Park and Recreation Recovery Act of 1978 title X, Sec. 1003 16 U.S.C. 2502
(Pub. L. 95-625).................................
National Park System Visitor Facilities Fund Act 1 16 U.S.C. 19gg note
(Pub. L. 97-433).................................
2 16 U.S.C. 19aa note
3 16 U.S.C. 19bb note
4 16 U.S.C. 19cc note
5 16 U.S.C. 19dd note
6 16 U.S.C. 19ee note
7 16 U.S.C. 19ff note
8 16 U.S.C. 19gg note
Omnibus Parks and Public Land Management Act of div. I, title VIII, Sec. 16 U.S.C. 17o(1)
1996 (Pub. L. 104-333)........................... 814(a)(1)
div. I, title VIII, Sec. 16 U.S.C. 1f
814(g)(4, (5))
National Underground Railroad Network to Freedom 2(b) 16 U.S.C. 469l(b)
Act of 1998 (Pub. L. 105-203)....................
Omnibus Public Land Management Act of 2009 (Pub. title VII, Sec. 7302(a) 16 U.S.C. 469n(a)
L. 111-11).......................................
----------------------------------------------------------------------------------------------------------------
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Nadler) and the gentleman from North Carolina (Mr. Bishop)
each will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 3241.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, just like H.R. 3239, this bill has been prepared by the
Office of the Law Revision Counsel, and it makes a number of technical
changes to update title 54 of the United States Code while making no
substantive changes in law.
I thank the gentlewoman from Missouri (Ms. Bush) for introducing this
legislation, and I urge all Members to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of North Carolina. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, I rise in support of H.R. 3241, introduced by
Representative Bush, which makes technical changes to title 54 of the
United States Code relating to National Park Service and related
programs.
Title 54 was enacted by Public Law 113-287 on December 19, 2014. Laws
to codify titles of the Code do not create new law. They simply restate
the many laws that Congress has already created in a more organized and
readable manner.
After codifying a new title in the Code, often other technical
corrections through the rest of the Code are needed to update cross
references to that new title. This bill does just that.
Mr. Speaker, I urge my colleagues to support H.R. 3241, and I reserve
the balance of my time.
Mr. NADLER. Mr. Speaker, I have no further speakers, and I reserve
the balance of my time.
Mr. BISHOP of North Carolina. Mr. Speaker, I urge my colleagues to
support the bill, and I yield back the balance of my time.
{time} 1630
Mr. NADLER. Mr. Speaker, I urge my colleagues 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
gentleman from New York (Mr. Nadler) that the House suspend the rules
and pass the bill, H.R. 3241, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________