[House Report 107-389]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-389

======================================================================



 
   MAKING TECHNICAL CORRECTIONS TO LAWS PASSED BY THE 106TH CONGRESS 
       RELATED TO PARKS AND PUBLIC LANDS, AND FOR OTHER PURPOSES

                                _______
                                

 April 9, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3853]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3853) to make technical corrections to laws passed by the 
106th Congress related to parks and public lands, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. LACKAWANNA VALLEY HERITAGE AREA.

  Section 106(a) of the Lackawanna Valley National Heritage Area Act of 
2000 (Public Law 106-278; 114 Stat. 816; 16 U.S.C. 461 note) is amended 
to read as follows:
  ``(a) Authorities of Management Entity.--For purposes of preparing 
and implementing the management plan, the management entity may--
          ``(1) make grants to, and enter into cooperative agreements 
        with, the State and political subdivisions of the State, 
        private organizations, or any person; and
          ``(2) hire and compensate staff.''.

SEC. 2. HAWAIIAN SPELLING ERRORS.

  Section 5 of the Act entitled ``An Act to add certain lands on the 
island of Hawaii to the Hawaii National Park, and for other purposes'', 
as added by Public Law 99-564 (100 Stat. 3179; 16 U.S.C. 392c) is 
amended by striking ``Hawaii Volcanoes'' each place it appears and 
inserting ``Hawai'i Volcanoes''.

SEC. 3. ``I HAVE A DREAM'' PLAQUE AT LINCOLN MEMORIAL.

  Section 2 of Public Law 106-365 (114 Stat. 1409) is amended by 
striking ``and expand contributions'' and inserting ``and expend 
contributions''.

SEC. 4. WILD AND SCENIC RIVERS AND NATIONAL TRAILS.

  (a) Wild and Scenic Rivers.--Section 3(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)) is amended--
          (1) by redesignating paragraph (162), pertaining to White 
        Clay Creek, Delaware and Pennsylvania, as paragraph (163);
          (2) by designating the second paragraph (161), pertaining to 
        the Wekiva River, Wekiwa Springs Run, Rock Springs Run, and 
        Black Water Creek, Florida, as paragraph (162);
          (3) by designating the undesignated paragraph pertaining to 
        the Wildhorse and Kiger Creeks, Oregon, as paragraph (164); and
          (4) by redesignating the third paragraph (161), pertaining to 
        the Lower Delaware River and associated tributaries, New Jersey 
        and Pennsylvania, as paragraph (165) and by moving the margins 
        of such paragraph 2 ems to the left.
  (b) National Trails.--Section 5(a) of the National Trails System Act 
(16 U.S.C. 1244(a)) is amended--
          (1) by redesignating the second paragraph (21), pertaining to 
        the Ala Kahakai National Historic Trail, and enacted by Public 
        Law 106-509 as paragraph (22); and
          (2) by moving the margins of paragraphs (21) and (22) 2 ems 
        to the left.

SEC. 5. JAMESTOWN 400TH COMMEMORATION COMMISSION.

  The Jamestown 400th Commemoration Commission Act of 2000 (Public Law 
106-565; 114 Stat. 2812; 16 U.S.C. 81 note) is amended--
          (1) in section 2(a)(5), by striking ``State'';
          (2) in sections 2(b), 3(3), and 4(h), by striking ``State'' 
        and inserting ``Commonwealth'' each place it appears;
          (3) in section 3, by striking paragraph (5) and inserting the 
        following:
          ``(5) Commonwealth.--The term `Commonwealth' means the 
        Commonwealth of Virginia, including agencies and entities of 
        the Commonwealth.''; and
          (4) in section 4(b)(1), by striking ``16'' and inserting 
        ``15''.

SEC. 6. ROSIE THE RIVETER-WORLD WAR II HOME FRONT NATIONAL HISTORICAL 
                    PARK.

  The Rosie the Riveter/World War II Home Front National Historical 
Park Establishment Act of 2000 (Public Law 106-352; 114 Stat. 1371; 16 
U.S.C. 410ggg et seq.) is amended--
          (1) in section 2(b), by striking ``numbered 963/80000'' and 
        inserting ``numbered 963/80,000'';
          (2) in section 3(b)(1), by striking ``the World War II Child 
        Development Centers, the World War II worker housing, the 
        Kaiser-Permanente Field Hospital, and Fire Station 67A,'' and 
        inserting ``the Child Development Field Centers (Ruth C. 
        Powers) (Maritime), Atchison Housing, the Kaiser-Permanente 
        Field Hospital, and Richmond Fire Station 67A,''; and
          (3) in section 3(e)(2), by striking ``the World War II day 
        care centers, the World War II worker housing, the Kaiser-
        Permanente Field Hospital, and Fire Station 67,'' and inserting 
        ``the Child Development Field Centers (Ruth C. Powers) 
        (Maritime), Atchison Housing, the Kaiser-Permanente Field 
        Hospital, and Richmond Fire Station 67A,''.

SEC. 7. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS.

  The Vicksburg Campaign Trail Battlefields Preservation Act of 2000 
(Public Law 106-487; 114 Stat. 2202) is amended--
          (1) in section 2(a)(1), by striking ``and Tennessee'' and 
        inserting ``Tennessee, and Kentucky'';
          (2) in section 3(1), by striking ``and Tennessee,'' and 
        inserting ``Tennessee, and Kentucky,''; and
          (3) in section 3(2)--
                  (A) by striking ``and'' at the end of subparagraph 
                (R);
                  (B) by redesignating subparagraph (S) as subparagraph 
                (T); and
                  (C) by inserting a new subparagraph (S) as follows:
                  ``(S) Fort Heiman in Calloway County, Kentucky, and 
                resources in and around Columbus in Hickman County, 
                Kentucky; and''.

SEC. 8. HARRIET TUBMAN SPECIAL RESOURCE STUDY.

  Section 3(c) of the Harriet Tubman Special Resource Study Act (Public 
Law 106-516; 114 Stat. 2405) is amended by striking ``Public Law 91-
383'' and all that follows through ``3501)'' and inserting ``the 
National Park System General Authorities Act (16 U.S.C. 1a-5)''.

SEC. 9. PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS.

  Employees of the foundations established by Acts of Congress to 
solicit private sector funds on behalf of Federal land management 
agencies shall qualify for General Service Administration contract 
airfares.

SEC. 10. PERSONAL WATERCRAFT TIME EXTENSION.

  The grace period described in the final rule issued on March 21, 2000 
(65 Fed. Reg. 15,077 (2000)), regarding personal watercraft use within 
certain units of the National Park System, is extended until December 
31, 2004, for all 21 of the park areas specifically identified in the 
rule.

SEC. 11. POPULAR NAMES.

  (a) National Park Service Organic Act.--The Act of August 25, 1916 
(16 U.S.C. 1 et seq.; popularly known as the ``National Park Service 
Organic Act'') is amended by adding at the end the following new 
section:
  ``Sec. 5. This Act may be cited as the `National Park Service Organic 
Act'.''.
  (b) National Park System General Authorities Act.--Public Law 91-383 
(16 U.S.C. 1a-1 et seq.; popularly known as the ``National Park System 
General Authorities Act'') is amended by adding at the end the 
following new section:
  ``Sec. 14. This Act may be cited as the `National Park System General 
Authorities Act'.''.

SEC. 12. PARK POLICE INDEMNIFICATION.

  Section 2(b) of the Act of November 6, 2000, (Public Law 106-437; 114 
Stat.1921) is amended by striking ``the Act'' and inserting ``of the 
Act''.

                          Purpose of the Bill

    The purpose of H.R. 3853 is to make technical corrections 
to laws passed by the 106th Congress related to parks and 
public lands, and for other purposes.

                  Background and Need for Legislation

    On a regular basis, the National Park Service (NPS) will 
submit to the National Parks, Recreation, and Public Lands 
Subcommittee a list of technical changes necessary to correct 
bills that have recently become law. H.R. 3853 reflects 
technical changes requested by the Administration for bills 
approved during the 106th Congress as well as a request to 
extend the General Services Administration contract airfares to 
employees of foundations established by Congress to solicit 
private sector funds on behalf of federal land managers. In 
addition, the bill extends the grace period for continued 
personal watercraft (PWC) use in certain parks of the National 
Park System for up to two years to allow the NPS to complete 21 
Environmental Assessments to determine if PWC use should 
continue.

                            Committee Action

    H.R. 3853 was introduced on March 5, 2002, by Congressman 
George Radanovich (R-CA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Recreation, and Public Lands. 
On March 7, 2002, the Subcommittee met to mark up the bill. 
Congressman Rush Holt (D-NJ) offered an amendment to strike 
section 10 (relating to PWCs) from the bill. It was not adopted 
by a rollcall vote of 7 to 10 as follows:


    The bill was then ordered favorably reported to the Full 
Committee by voice vote.
    On March 20, 2002, the Full Resources Committee met to 
consider the bill. Congressman Radanovich offered an amendment 
in the nature of a substitute that corrected two drafting 
errors in the original text and added a new section requested 
by the Administration on NPS police indemnification. 
Congressman Wayne Gilchrest (R-MD) offered and withdrew an 
amendment which reduced the grace period for PWCs to one year. 
Congressman Rush Holt offered an amendment to the Radanovich 
amendment to strike section 10 (relating to PWCs) from the 
bill. The Holt amendment was not adopted by a rollcall vote of 
18 to 24 as follows:


    The Radanovich amendment in the nature of a substitute was 
adopted by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 1, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3853, a bill to 
make technical corrections to laws passed by the 106th Congress 
related to parks and public lands.
    If you wish further details on this estimate, we will 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3853--A bill to make technical corrections to laws passed by the 
        106th Congress related to parks and public lands

    CBO estimates that enacting H.R. 3853 would have no 
significant impact on the federal budget. The bill would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. H.R. 3853 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    H.R. 3853 would amend several laws related to national 
parks and public lands. Most of these amendments would correct 
spelling and punctuation errors or make other nonsubstantive 
changes in the original laws. One provision would delay until 
December 31, 2004, the implementation of a ban on the use of 
personal watercraft in certain national parks. Under current 
law, unless special regulations are issued to allow those parks 
to allow continued use of personal watercraft, the ban would 
start to take effect in April 2002. Based on information from 
the Department of the Interior, CBO estimates that none of the 
bill's provisions would significantly affect federal spending.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

SECTION 106 OF THE LACKAWANNA VALLEY NATIONAL HERITAGE AREA ACT OF 2000


SEC. 106. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

  [(a) Authorities of Management Entity.--The management entity 
may, for the purposes of preparing and implementing the 
management plan, use funds made available under this title to 
hire and compensate staff.]
  (a) Authorities of Management Entity.--For purposes of 
preparing and implementing the management plan, the management 
entity may--
          (1) make grants to, and enter into cooperative 
        agreements with, the State and political subdivisions 
        of the State, private organizations, or any person; and
          (2) hire and compensate staff.

           *       *       *       *       *       *       *

                              ----------                              


                 SECTION 5 OF THE ACT OF JUNE 20, 1938

   AN ACT To add certain lands on the island of Hawaii to the Hawaii 
                 National Park, and for other purposes

  Sec. 5. (a) Notwithstanding any other provision of this Act, 
the Secretary of the Interior (hereinafter referred to as the 
``Secretary'') is authorized to acquire by donation or exchange 
the land and interests therein comprising approximately 5,650 
acres and identified as tract number 118/22 on the map entitles 
``Recommended Land Acquisition'', in the [Hawaii Volcanoes] 
Hawai'i Volcanoes National Park Land Protection Plan as 
recommended May 17, 1985, which plan shall be on file and 
available for public inspection in the Office of the Director, 
National Park Service, Department of Interior, Washington, D.C. 
and the Office of the Superintended, [Hawaii Volcanoes] Hawai'i 
Volcanoes National Park, Hawaii.

           *       *       *       *       *       *       *

  (e) The real property acquired by the Secretary pursuant to 
this section shall be administered by the Secretary as part of 
[Hawaii Volcanoes] Hawai'i Volcanoes National Park, subject to 
the laws and regulations applicable to the Park.

           *       *       *       *       *       *       *

                              ----------                              


                SECTION 2 OF THE ACT OF OCTOBER 27, 2000

                          (Public Law 106-365)

AN ACT To provide for the placement at the Lincoln Memorial of a plaque 
 commemorating the speech of Martin Luther King, Jr., known as the ``I 
                         Have A Dream'' speech

SEC. 2. ACCEPTANCE OF CONTRIBUTIONS.

  The Secretary of the Interior is authorized to accept [and 
expand contributions] and expend contributions toward the cost 
of preparing and installing the plaque, without further 
appropriation. Federal funds may be used to design, procure, or 
install the plaque.
                              ----------                              


                      WILD AND SCENIC RIVERS ACT

           *       *       *       *       *       *       *


  Sec. 3. (a) The following rivers and the land adjacent 
thereto are hereby designated as components of the national 
wild and scenic rivers system:
  (1)  * * *

           *       *       *       *       *       *       *

  [(161)] (162) Wekiva River, Wekiwa Springs Run, Rock Springs 
Run, and Black Water Creek, Florida.--The 41.6-mile segments 
referred to in this paragraph, to be administered by the 
Secretary of the Interior:
          (A)  * * *

           *       *       *       *       *       *       *

  [(162)] (163) White Clay Creek, Delaware and Pennsylvania.--
The 190 miles of river segments of White Clay Creek (including 
tributaries of White Clay Creek and all second order 
tributaries of the designated segments) in the States of 
Delaware and Pennsylvania, as depicted on the recommended 
designation and classification maps (dated June 2000), to be 
administered by the Secretary of the Interior, as follows:
          (A)  * * *

           *       *       *       *       *       *       *

  [( )] (164) Wildhorse and Kiger Creeks, Oregon.--The 
following segments in the Steens Mountain Cooperative 
Management and Protection Area in the State of Oregon, to be 
administered by the Secretary of the Interior as wild rivers:
          (A)  * * *

           *       *       *       *       *       *       *

          [(161)] (165) Lower delaware river and associated 
        tributaries, new jersey and pennsylvania.--(A) The 65.6 
        miles of river segments in New Jersey and Pennsylvania, 
        consisting of--
                  (i)  * * *

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 5 OF THE NATIONAL TRAILS SYSTEM ACT

           *       *       *       *       *       *       *


             national scenic and national historical trails

  Sec. 5. (a) National scenic and national historic trails 
shall be authorized and designated only by Act of Congress. 
There are hereby established the following National Scenic and 
National Historic Trails:
  (1)  * * *

           *       *       *       *       *       *       *

  (21) El camino real de tierra adentro.--
                  (A) El Camino Real de Tierra Adentro (the 
                Royal Road of the Interior) National Historic 
                Trail, a 404 mile long trail from the Rio 
                Grande near El Paso, Texas to San Juan Pueblo, 
                New Mexico, as generally depicted on the maps 
                entitled ``United States Route: El Camino Real 
                de Tierra Adentro'', contained in the report 
                prepared pursuant to subsection (b) entitled 
                ``National Historic Trail Feasibility Study and 
                Environmental Assessment: El Camino Real de 
                Tierra Adentro, Texas-New Mexico'', dated March 
                1997.

           *       *       *       *       *       *       *

  [(21)] (22) Ala kahakai national historic trail.--
                  (A) In general.--The Ala Kahakai National 
                Historic Trail (the Trail by the Sea), a 175 
                mile long trail extending from 'Upolu Point on 
                the north tip of Hawaii Island down the west 
                coast of the Island around Ka Lae to the east 
                boundary of Hawaii Volcanoes National Park at 
                the ancient shoreline temple known as 
                ``Waha'ula'', as generally depicted on the map 
                entitled ``Ala Kahakai Trail'', contained in 
                the report prepared pursuant to subsection (b) 
                entitled ``Ala Kahakai National Trail Study and 
                Environmental Impact Statement'', dated January 
                1998.

           *       *       *       *       *       *       *

                              ----------                              


         JAMESTOWN 400TH COMMEMORATION COMMISSION ACT OF 2000

           *       *       *       *       *       *       *


SEC. 2. FINDINGS AND PURPOSE.

  (a) Findings.--Congress finds that--
          (1)  * * *

           *       *       *       *       *       *       *

          (5) in 1996--
                  (A) the Commonwealth of Virginia designated 
                the Jamestown-Yorktown Foundation as the 
                [State] agency responsible for planning and 
                implementing the Commonwealth's portion of the 
                commemoration of the 400th anniversary of the 
                founding of the Jamestown settlement;

           *       *       *       *       *       *       *

  (b) Purpose.--The purpose of this Act is to establish the 
Jamestown 400th Commemoration Commission to--
          (1) ensure a suitable national observance of the 
        Jamestown 2007 anniversary by complementing the 
        programs and activities of the [State] Commonwealth of 
        Virginia;
          (2) cooperate with and assist the programs and 
        activities of the [State] Commonwealth in observance of 
        the Jamestown 2007 anniversary;

           *       *       *       *       *       *       *


SEC. 3. DEFINITIONS.

  In this Act:
          (1)  * * *

           *       *       *       *       *       *       *

          (3) Governor.--The term ``Governor'' means the 
        Governor of the [State] Commonwealth.

           *       *       *       *       *       *       *

          [(5) State.--
                  [(A) In general.--The term ``State'' means 
                the State of Virginia.
                  [(B) Inclusions.--The term ``State'' includes 
                agencies and entities of the State.]
          (5) Commonwealth.--The term ``Commonwealth'' means 
        the Commonwealth of Virginia, including agencies and 
        entities of the Commonwealth.

SEC. 4. JAMESTOWN 400TH COMMEMORATION COMMISSION.

  (a)  * * *
  (b) Membership.--
          (1) In general.--The Commission shall be composed of 
        [16] 15 members, of whom--
                  (A)  * * *

           *       *       *       *       *       *       *

  (h) No Effect on Authority.--Nothing in this section 
supersedes the authority of the [State] Commonwealth, the 
National Park Service, or the Association for the Preservation 
of Virginia Antiquities, concerning the commemoration.

           *       *       *       *       *       *       *

                              ----------                              


  ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK 
                       ESTABLISHMENT ACT OF 2000

           *       *       *       *       *       *       *


SEC. 2. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL 
                    PARK.

  (a)  * * *
  (b) Areas Included.--The boundaries of the park shall be 
those generally depicted on the map entitled ``Proposed 
Boundary Map, Rosie the Riveter/World War II Home Front 
National Historical Park'' [numbered 963/80000] numbered 963/
80,000 and dated May 2000. The map shall be on file and 
available for public inspection in the appropriate offices of 
the National Park Service.

           *       *       *       *       *       *       *


SEC. 3. ADMINISTRATION OF THE NATIONAL HISTORICAL PARK.

  (a)  * * *
  (b) Cooperative Agreements.--
          (1) General agreements.--The Secretary may enter into 
        cooperative agreements with the owners of [the World 
        War II Child Development Centers, the World War II 
        worker housing, the Kaiser-Permanente Field Hospital, 
        and Fire Station 67A,] the Child Development Field 
        Centers (Ruth C. Powers) (Maritime), Atchison Housing, 
        the Kaiser-Permanente Field Hospital, and Richmond Fire 
        Station 67A, pursuant to which the Secretary may mark, 
        interpret, improve, restore, and provide technical 
        assistance with respect to the preservation and 
        interpretation of such properties. Such agreements 
        shall contain, but need not be limited to, provisions 
        under which the Secretary shall have the right of 
        access at reasonable times to public portions of the 
        property for interpretive and other purposes, and that 
        no changes or alterations shall be made in the property 
        except by mutual agreement.

           *       *       *       *       *       *       *

  (e) Acquisition.--
          (1)  * * *
          (2) Other facilities.--The Secretary may acquire, 
        from willing sellers, lands or interests in [the World 
        War II day care centers, the World War II worker 
        housing, the Kaiser-Permanente Field Hospital, and Fire 
        Station 67,] the Child Development Field Centers (Ruth 
        C. Powers) (Maritime), Atchison Housing, the Kaiser-
        Permanente Field Hospital, and Richmond Fire Station 
        67A, through donation, purchase with donated or 
        appropriated funds, transfer from any other Federal 
        agency, or exchange.

           *       *       *       *       *       *       *

                              ----------                              


    VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS PRESERVATION ACT OF 2000

           *       *       *       *       *       *       *


SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds that--
          (1) there are situated along the Vicksburg Campaign 
        Trail in the States of Mississippi, Louisiana, 
        Arkansas, [and Tennessee] Tennessee, and Kentucky the 
        sites of several key Civil War battles;

           *       *       *       *       *       *       *


SEC. 3. DEFINITIONS.

  In this Act:
          (1) Campaign trail state.--The term ``Campaign Trail 
        State'' means each of the States of Mississippi, 
        Louisiana, Arkansas, [and Tennessee,] Tennessee, and 
        Kentucky, including political subdivisions of those 
        States.
          (2) Civil war battlefield.--The term ``Civil War 
        battlefield'' includes the following sites (including 
        related structures adjacent to or thereon)--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (R) the site of the start of Greirson's Raid 
                and other related sites, LaGrange, Tennessee; 
                [and]
                  (S) Fort Heiman in Calloway County, Kentucky, 
                and resources in and around Columbus in Hickman 
                County, Kentucky; and
                  [(S)] (T) any other sites considered 
                appropriate by the Secretary.

           *       *       *       *       *       *       *

                              ----------                              


       SECTION 3 OF THE HARRIET TUBMAN SPECIAL RESOURCE STUDY ACT

SEC. 3. STUDY CONCERNING SITES IN AUBURN, NEW YORK, ASSOCIATED WITH 
                    HARRIET TUBMAN.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Study Guidelines.--In conducting the study authorized by 
this Act, the Secretary shall use the criteria for the study of 
areas for potential inclusion in the National Park System 
contained in section 8 of [Public Law 91-383, as amended by 
section 303 of the National Park Omnibus Management Act (P.L. 
105-391; 112 Stat. 3501)] the National Park System General 
Authorities Act (16 U.S.C. 1a-5).

           *       *       *       *       *       *       *

                              ----------                              


                SECTION 5 OF THE ACT OF AUGUST 25, 1916

  AN ACT To establish a National Park Service, and for other purposes

  Sec. 5. This Act may be cited as the ``National Park Service 
Organic Act''.
                              ----------                              


                SECTION 14 OF THE ACT OF AUGUST 18, 1970

                          (Public Law 91-383)

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

  Sec. 14. This Act may be cited as the ``National Park System 
General Authorities Act''.
                              ----------                              


                SECTION 2 OF THE ACT OF NOVEMBER 6, 2000

AN ACT To permit the payment of medical expenses incurred by the United 
 States Park Police in the performance of duty to be made directly by 
 the National Park Service, to allow for waiver and indemnification in 
mutual law enforcement agreements between the National Park Service and 
 a State or political subdivision when required by State law, and for 
                             other purposes

SEC. 2. INDEMNIFICATION.

  (a)  * * *
  (b) Technical Amendment.--Paragraph (5) of section 10(c) [the 
Act] of the Act of August 18, 1970 (Public Law 91-383; 16 
U.S.C. 1a-6(c)) (as redesignated by subsection (a)(2)), is 
further amended--
          (1) by striking ``(5) the'' and inserting ``The''; 
        and
          (2) by moving the text flush and 2 ems to the left.

                            DISSENTING VIEWS

    We oppose H.R. 3853. While eleven of the bill's twelve 
sections are noncontroversial, and therefore legitimate, 
technical corrections to existing statutes, section ten would 
overturn a federal court order governing the use of personal 
watercraft (PWCs) in our national parks. The inclusion of this 
section in an alleged ``technical'' corrections bill, without a 
single public hearing, is an abuse of the legislative process 
and, if enacted, would constitute an abuse of the judicial 
process. As a result, we urge our colleagues to join us in 
opposing this measure.
    The first sign that section ten should not be included 
among a collection of simple technical corrections is the 
complicated and divisive history of the issue with which it 
deals. While we will not relate the details here (see: 
Stipulated Settlement Agreement, Memorandum and Order, Blue 
Water Network, et al. v. Robert Stanton, et al., 00CV02093 
(GK), United States District Court for the District of 
Columbia, April 11, 2001), the salient fact is that National 
Park Service (NPS) policy regarding the use of PWCs in the 
National Park system is no longer dictated by agency 
regulations. Rather, the current policy is the result of a 
federal court order ratifying a consent decree entered into by 
the National Park Service in order to settle litigation.
    That litigation followed more than ten years of heated 
public policy debate and agency study of the resource impacts 
of personal watercraft. The judicial decision regarding PWCs in 
the National Parks considered the basic meaning of the National 
Park Service Organic Act and the fundamental mission of the 
National Park Service. Congressional involvement in such a 
critical policy determination should be measured, judicious and 
public. A provision simply resolving the issue in favor of the 
PWC industry, buried in a supposedly ``technical'' corrections 
bill, without public hearings, fails on every count.
    Should the Congress approve H.R. 3853, the result would be 
an abuse of the judicial process, as well. Congressional action 
to effectively overturn an existing federal court order and 
consent decree is highly unusual. In this instance, Congress 
would be taking such action for the benefit of an industry 
lobbying organization, the Personal WaterCraft Industry 
Association (PWIA), which was not a party to the litigation and 
to the detriment of the plaintiff in the suit, Blue Water 
Network. Neither the PWIA nor NPS, also known as the defendant 
in this case, have approached the Court seeking to alter the 
terms of the existing order. Rather, they have pursued a 
legislated ``Get Out of Your Consent Decree Free'' card.
    On the merits, the principal justification given for such 
Congressional intervention is unconvincing. Under the original 
NPS rule and the existing federal court order, PWC use is 
banned in all units of the National Park System. However, 
twenty-one units where PWC use was most prevalent have been 
granted a two-year grace period, during which such use may 
continue. Further, the order creates a special rule-making 
process whereby, should the National Park Service elect to do 
so, PWC use may be permanently authorized in any of those 
twenty-one units.
    The Majority argues that this legislation is necessary 
because the NPS will not complete the special rule-making 
within the grace period, meaning that the ban will take full 
effect for some period of time. They claim that such an outcome 
is contrary to the Court's intent and is a possibility only 
because the previous Administration failed to request adequate 
funding to complete the rule-making process during the grace 
period.
    However, the alleged requirement that any special rule-
making undertaken by the NPS be completed within the grace 
period is never mentioned in the original NPS rule, the Court's 
discussion of this case, nor in any of its rulings. Given that 
the initiation of a rule making to allow permanent PWC use in 
any of the twenty-one units is optional, it is certainly not 
the case that the work must be completed by a date certain. 
That the Federal District Court intended such a requirement, 
but neglected to include it in the order, strains credulity. 
Furthermore, the current Administration took office in January 
of 2001 but waited more than nine months before requesting 
additional funding for this rule-making process. Responsibility 
for any funding shortfalls lies squarely with the current 
Administration.
    Once these flimsy justifications are dispensed with, the 
real purpose of this legislation becomes evident. Passage of 
this measure is more than a simple case of altering a date to 
allow an agency to complete its work. Rather, the PWC industry 
is seeking legislation to provide them a benefit not included 
in the consent decree: uninterrupted PWC access in these 
twenty-one areas. H.R. 3853 proposes to grant the industry this 
benefit despite the fact that to do so vandalizes an existing 
court order, undermines a legitimate plaintiff without judicial 
process and awards the PWC industry a victory in a decade-old 
public policy dispute.
    All this without a single public hearing. H.R. 3853 should 
be defeated.
                                   Donna M. Christensen.
                                   Rush Holt.

                                  
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