[Senate Report 111-276]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 546
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-276

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



 
         NATIONAL PARK SERVICE AUTHORITIES AND CORRECTIONS ACT

                                _______
                                

                 August 5, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3804]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (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, having considered the same, reports 
favorably thereon without amendment and recommends that the Act 
do pass.

                                Purpose

    The purpose of H.R. 3804 is to make technical corrections 
to various Acts affecting the National Park Service, and to 
extend, amend, or establish certain NPS authorities.

                          Background and Need

    H.R. 3804 combines several authorizations, 
reauthorizations, and technical corrections for various units 
of the National Park System and activities of the National Park 
Service.
    Among other items, the bill authorizes ten-year extensions 
of the National Park System Advisory Board and the National 
Park Service Concessions Management Advisory Board. The 
National Park System Advisory Board, first authorized in 1935 
under the Historic Sites, Buildings, and Antiquities Act, 
advises the Director of the National Park Service (NPS) and the 
Secretary of the Interior (Secretary) on matters relating to 
the NPS, the National Park System, and programs administered by 
the NPS. The Concession Management Advisory Board (Board) was 
established in 1998 by Public Law 105-391, and is composed of 
seven members appointed by the Secretary. The Board's purpose 
is to advise the Secretary and the NPS on matters relating to 
the effective management of concessions in the National Park 
System. The Board helps make recommendations on ways to make 
the concession programs more cost effective, mitigate impacts 
of concession operations on park resources, improve visitor 
services, and allocate concession fees.
    Another provision of H.R. 3804 provides for uniform, 
consistent penalties for each violation, regardless of where it 
occurs. The bill also raises the authorization ceiling for the 
popular Volunteers in Parks (VIP) program from $3.5 million to 
$10 million.
    Title II of H.R. 3804 allows the World War II Valor in the 
Pacific National Monument (formerly known as the USS Arizona 
Memorial) in Hawaii to offer joint ticketing services at the 
monument's new visitor center. This would enable the NPS to 
offer visitors a central location to buy tickets for the 
various Pearl Harbor sites. H.R. 3804 would not change the law 
prohibiting the NPS from charging an entrance fee at the USS 
Arizona.
    The bill authorizes a land exchange between the George 
Washington Memorial Parkway in Virginia and Federal Highway 
Administration to allow better public access to the Claude 
Moore Colonial Farm, inside the parkway boundaries, and better 
security for the FHA's Turner-Fairbank Highway Research Center, 
which is adjacent to the parkway. Transfer of administrative 
jurisdiction would occur without reimbursement or 
consideration.
    The bill also changes the designation of the Martin Luther 
King, Junior, National Historic Site to the Martin Luther King, 
Jr. National Historical Park, to better reflect the size and 
complexity of the unit, and adjusts the boundary of the Lava 
Beds National Monument in California to correct errors in the 
boundary of the 1972 law that designated wilderness at Lava 
Beds National Monument. Through the substitution of a new 
wilderness boundary map, certain improved areas would be 
excluded from wilderness and other areas that are appropriate 
for designation would be included for a net increase of 399 
acres in the actual amount of designated wilderness.
    The bill also includes provisions regarding the removal of 
snow and ice around Federal buildings in the District of 
Columbia. Under a 1922 law, the National Park Service Director 
is required to remove snow, sleet, and ice from around Federal 
buildings within a reasonable time period after snow or sleet 
ceases to fall or after ice has accumulated. In practice, the 
General Services Administration has for many years required the 
Federal agencies occupying the building to remove snow. H.R. 
3804 would amend the law to reflect current practice.
    The final title of H.R. 3804 makes technical corrections 
for six provisions in Public Law 111-11, the Omnibus Public 
Land Management Act of 2009. The changes include correcting 
section numbers and titles, and fixing typographical errors.

                          Legislative History

    H.R. 3804, sponsored by Representative Tonko, passed the 
House of Representatives by a voice vote on December 7, 2009.
    The Subcommittee on National Parks held a hearing on H.R. 
3804 on March 17, 2010. The Committee on Energy and Natural 
Resources considered the bill at its business meeting on June 
16, 2010, and ordered H.R. 3804 favorably reported without 
amendment at its business meeting on June 21, 2010.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on June 21, 2010, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 3804.

                      Section-by-Section Analysis

    Section 1 provides the short title as the ``National Park 
Service Authorities and Corrections Act of 2009'' and provides 
a table of contents.

             TITLE I--NATIONAL PARK SERVICE AUTHORIZATIONS

    Section 101 reauthorizes the National Park System Advisory 
Board through fiscal year 2020.
    Section 102 reauthorizes the National Park Service 
Concessions Management Advisory Board through fiscal year 2019.
    Section 103 provides that violations in National Park 
System units 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.
    Section 104 increases the funding authorization for the 
Volunteers in the Parks program from $3,500,000 to $10,000,000.

                    TITLE II--PEARL HARBOR TICKETING

    Section 201 defines key terms used in the title.
    Section 202 allows the Secretary of the Interior 
(Secretary) to enter into an agreement with the organizations 
authorized to manage a Pearl Harbor historic site to allow 
visitors to gain access to those sites by passing through 
security screening at the Pearl Harbor Naval Complex Visitor 
Center and for ticket sales, by either National Park Service 
employees or the organizations that manage a Pearl Harbor 
historic site. Organizations managing a Pearl Harbor historic 
site must pay the Secretary a reasonable fee to cover 
administrative costs, and that revenue is to remain available, 
without further appropriation, for use by the National Park 
Service at the World War II Valor in the Pacific National 
Monument. The section outlines other administrative 
requirements and specifies that the Secretary shall have no 
authority to charge an entrance fee for admission to the World 
War II Valor in the Pacific National Monument.
    Section 203 clarifies that nothing in this Act authorizes 
the Secretary or any organization that manages a Pearl Harbor 
historic site to harm the values and resources of the World War 
II Valor in the Pacific National Monument.

               TITLE III--CHANGES TO NATIONAL PARK UNITS

    Section 301 directs the transfer of administrative 
jurisdiction of certain Federal land comprising less than one 
acre between the Claude Moore Colonial Farm (a National Park 
Service property within the George Washington Memorial Parkway 
in Virginia) and the Federal Highway Administration's Turner-
Fairbank Highway Research Center.
    Section 302 amends a 1922 law (42 Stat. 845, ch. 318) that 
made it the responsibility of the National Park Service to 
remove snow from the sidewalks and crosswalks in front of 
Federal buildings. Under this change, the law will reflect the 
current practice whereby each Federal agency will be 
responsible for the removal of snow, sleet, or ice from paved 
sidewalks and crosswalks in front of their own buildings.
    Section 303 renames the Martin Luther King, Junior, 
National Historic Site in the State of Georgia as the Martin 
Luther King, Jr. National Historical Park, and directs 
conforming changes in Federal documents and signs.
    Section 304 corrects the acreage numbers for two wilderness 
areas within Lava Beds National Monument, to reflect more 
accurate mapping.

                    TITLE IV--TECHNICAL CORRECTIONS

    Section 401 amends the Omnibus Public Land Management Act 
of 2009 (Public Law 111-11) to correct typographical and other 
technical errors relating to the Baltimore National Heritage 
Area.
    Section 402 amends the Omnibus Public Land Management Act 
of 2009 (Public Law 111-11) to correct typographical and other 
technical errors relating to the Muscle Shoals National 
Heritage Area.
    Section 403 amends the Omnibus Public Land Management Act 
of 2009 (Public Law 111-11) to correct typographical and other 
technical errors relating to the Snake River Headwaters wild 
and scenic river designation.
    Section 404 amends the Omnibus Public Land Management Act 
of 2009 (Public Law 111-11) to correct typographical and other 
technical errors relating to the Taunton River wild and scenic 
river designation.
    Section 405 amends the law establishing Cumberland Island 
National Seashore (Public Law 92-536) to correct a 
typographical error.
    Section 406 corrects a typographical error in the 
Consolidated Natural Resources Act of 2008 (Public Law 110-229) 
relating to the Niagara Falls National Heritage Area.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 3804--National Park Service Authorities and Corrections Act of 
        2009

    Summary: H.R. 3804 would make a variety of changes to 
policies and procedures of the National Park Service (NPS) as 
well as to laws governing NPS property management. The act also 
would raise the current ceiling on amounts authorized to be 
appropriated for the NPS volunteer program. Based on 
information provided by the NPS and assuming appropriation of 
the necessary amounts, CBO estimates that carrying out the 
volunteer program under the act would cost $24 million over the 
2011-2015 period.
    The act also would adjust certain fines and penalties for 
violations of various laws on properties managed by the NPS. 
Changing those fines and penalties could increase revenues; 
therefore, pay-as-you-go procedures would apply, but CBO 
estimates that any increases would be insignificant.
    H.R. 3804 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3804 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                                                                          2011-
                                                        2011      2012      2013      2014      2015      2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level.......................         3         6         6         6         6        27
Estimated Outlays...................................         1         5         6         6         6        24
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
3804 will be enacted near the end of 2010 and that the 
necessary amounts for the volunteer program will be 
appropriated for each year. Estimates of outlays are based on 
historical spending patterns of programs that support volunteer 
workers in the national parks.
    H.R. 3804 would raise the current ceiling on amounts 
authorized to be appropriated for the NPS volunteer program 
from $3.5 million to $10 million annually. In 2010, the program 
received an appropriation of about $3 million. Based on 
information provided by the NPS, CBO estimates that, under the 
legislation, the program would expand by 2012 to reach an 
annual cost of $10 million. Costs for implementing the bill 
would total $24 million over the 2011-2015 period, assuming 
appropriation of the necessary amounts.
    The legislation also would extend the terms of two advisory 
boards to the NPS, permit the NPS to enter into agreements with 
nonprofit organizations at Pearl Harbor, designate the current 
Martin Luther King, Junior, National Historical Site as an 
historical park, correct errors in the boundaries of the Lava 
Beds National Monument, authorize a transfer of land between 
the NPS and the Department of Transportation, clarify policies 
regarding the responsibility for snow removal by federal 
agencies, and make technical changes to laws governing 
properties managed by the NPS. Based on information from the 
NPS, CBO estimates that none of those changes would have a 
significant effect on the federal budget.
    Pay-as-you-go considerations: Enacting H.R. 3804 could 
increase revenues, but CBO estimates that any such increases 
would be insignificant.

  CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 3804, THE NATIONAL PARK SERVICE AUTHORITIES AND
  CORRECTIONS ACT OF 2009, AS REPORTED BY THE SENATE COMMITTEE ON ENERGY AND NATURAL RESOURCES ON JUNE 21, 2010
----------------------------------------------------------------------------------------------------------------
                                                        By fiscal year, in millions of dollars--
                                       -------------------------------------------------------------------------
                                                                                                    2011-  2011-
                                        2011  2012  2013  2014  2015  2016  2017  2018  2019  2020   2015   2020
----------------------------------------------------------------------------------------------------------------
                                   NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact........     0     0     0     0     0     0     0     0     0     0     0      0
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 3804 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On December 3, 2009, CBO transmitted 
a cost estimate for H.R. 3804 as ordered reported by the House 
Committee on Natural Resources on November 18, 2009. The two 
versions of the legislation are very similar. The CBO cost 
estimate for the version of the legislation ordered reported by 
the Senate Committee on Energy and Resources supersedes the 
earlier CBO cost estimate, which contained an error that 
overstated the cost of implementing the legislation.
    Estimate prepared by: Federal Costs: Martin von Gnechten; 
Impact on State, Local, and Tribal Governments: Melissa 
Merrell; Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Regulatory Impact Evaluations

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 3804.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 3804, as ordered reported.

                   Congressionally Directed Spending

    H.R. 3804, as reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the National Park Service at the 
March 17, 2010 Subcommittee hearing on H.R. 3804 follows:

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
    Department of the Interior, Authorities, and for Other Purposes

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on H.R. 3804, a bill 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.
    The Department supports H.R. 3804, which addresses several 
issues that are important to the National Park Service (NPS). 
The Department testified in support of this bill before the 
House Subcommittee on National Parks, Forest and Public Lands 
in a hearing on November 5, 2009. The bill passed the House on 
December 7, 2009. We will discuss each of the portions of the 
bill separately in this testimony.
    H.R. 3804 would authorize ten-year extensions to the 
National Park System Advisory Board and the National Park 
Service Concessions Management Advisory Board. The bill also 
would standardize the penalties for violations of NPS 
regulations at military parks and national historic sites and 
would raise the ceiling for annual appropriations used to fund 
the Volunteers in the Parks Program. The bill would authorize 
the Secretary of the Interior (Secretary) to enter into an 
agreement with nonprofit organizations or other entities that 
manage or administer historic sites at Pearl Harbor and to 
allow the sale of tickets to those historic sites by NPS staff 
or employees of the organizations that administer the historic 
sites. In addition, H.R. 3804 would authorize a land exchange 
to address a long-standing access issue on the George 
Washington Memorial Parkway and would amend the D.C. Snow 
Removal Act of 1922 to clarify which federal agency is 
responsible for clearing snow from sidewalks and crosswalks in 
front of or around public buildings in the District of 
Columbia. The Martin Luther King, Junior, National Historic 
Site would be redesignated as a National Historical Park and 
the boundary of the Lava Beds National Monument Wilderness 
would be adjusted. Finally, the bill would make technical 
corrections to laws for a national seashore, wild and scenic 
rivers, and national heritage areas.


            section 101: national park system advisory board


    H.R. 3804 would extend the authorization for the National 
Park System Advisory Board to January 1, 2020. The Advisory 
Board was first authorized in 1935 under the Historic Sites, 
Buildings, and Antiquities Act. The Board advises the Director 
of the National Park Service (Director) and the Secretary on 
matters relating to the NPS, the National Park System, and 
programs administered by the NPS, including the administration 
of the Historic Sites, Buildings, and Antiquities Act; the 
designation of national historic landmarks and national natural 
landmarks; and the national historic significance of proposed 
national historic trails.
    The Advisory Board meets approximately twice yearly, at the 
call of the Director or the Director's designee. The NPS 
provides support for the Advisory Board and members are 
appointed on a staggered-term basis for terms not to exceed 4 
years. The Advisory Board has been a valuable partner of the 
NPS, and we look forward to continuing this partnership in the 
coming years. After several one-year authorizations, the NPS 
supports the longer time extension for this important body.


  section 102: national park service concessions management advisory 
                                 board


    H.R. 3804 would also extend the authorization for the NPS 
Concession Management Advisory Board for ten years, to December 
31, 2019. The Concession Management Advisory Board was 
established on November 13, 1998 by Public Law 105-391, and is 
composed of seven members appointed by the Secretary. Advisory 
Board members must be United States citizens, and not employed 
by the Federal Government. Members are appointed on a staggered 
basis for terms not to exceed 4 years.
    The Advisory Board's purpose is to advise the Secretary and 
the NPS on matters relating to the effective management of 
concessions in the National Park System. The Board helps make 
recommendations on ways to make the concession programs more 
cost effective, mitigate impacts of concession operations on 
park resources, improve visitor services, and allocate 
concession fees.
    Board members are experts in hospitality, tourism, 
accounting, outfitting and guide industries, parks concession 
management, traditional arts and crafts, and parks and 
recreation programs, and are selected for their expertise and 
area of professional skills in concessions management and 
oversight. The combination of the expert advice and the public 
forum that the Board offers provides a practical approach to 
consider contentious concession management topics and issues.
    Historically, the Board has held two to three public 
meetings annually. This board has also been continued by a one-
year authorization and the NPS supports the longer term 
extension of this important body.


                     section 103: uniform penalties


    Section 103 of H.R. 3804 addresses a lack of uniformity in 
the penalties for violating regulations throughout the National 
Park System. Having different penalties for violation of the 
same NPS regulation, in parks that originated as military parks 
or national historic sites is confusing and inappropriate. The 
NPS has recognized that the framework for penalties for 
violating regulations in these military parks and historic 
sites was derived from unique historic statutes enacted over 60 
years ago. This disparity in penalties may undermine effective 
and uniform law enforcement and criminal prosecution for 
violations on parkland.
    H.R. 3804 would provide the necessary legislative authority 
to provide uniform, consistent penalties for NPS regulations, 
including in parks that originated as military parks or 
national historic sites. This would be accomplished by 
increasing the penalties for these sites from the current 
penalty of only a fine or a fine and/or imprisonment up to six 
months as provided under the NPS Organic Act, 16 U.S.C. Sec. 3, 
and the long-standing fine-enhancement provision of 18 U.S.C. 
Sec. 3571.


                  section 104: volunteers in the parks


    H.R. 3804 would raise the ceiling for funding for the 
Volunteers in the Parks (VIP) program from $3.5 million to $10 
million annually. In 1970 the VIP program started with a few 
hundred volunteers. Today, there are more than 175,000 VIPs 
helping to preserve and protect our natural and cultural 
resources. More than 370 NPS areas currently use VIPs. 
Volunteers range in age from young children to senior citizens. 
They come from all over the United States, and the world, 
bringing different backgrounds, skills, and talents that enrich 
our park programs.
    The increase in the VIP ceiling proposed in H.R. 3804 is 
needed to more accurately reflect the resources that are being 
devoted to this popular program. Although the enacted levels 
for the VIP program were $2.794 million in FY 2009 and $2.797 
million in FY 2010, expenditures for the program were $5.021 
million in FY 2008 and $4.753 million (with a few expenditure 
reports outstanding) for FY 2009--the two most recent years for 
which data is available. With the President's and the Secretary 
of the Interior's emphasis on the importance of volunteerism, 
the increased ceiling would allow the NPS to recognize the 
benefits offered by our many volunteers each year.


                    title ii: pearl harbor ticketing


    World War II Valor in the Pacific National Monument 
includes 11 acres at Halawa Landing at Pearl Harbor and the USS 
Oklahoma Memorial across the harbor on Ford Island. The NPS and 
the U.S. Navy are developing an overarching Memorandum of 
Understanding to address cooperative management at Pearl 
Harbor.
    The Pearl Harbor Naval Base is a secure site. Halawa 
Landing sits outside the main gates of the Base, but still 
within the area for enhanced security, and visitors arrive by 
tour bus, public transit or private car. Access to Ford Island 
is permitted only by shuttle bus.
    In addition to the NPS's USS Arizona Memorial Visitor 
Center, there are two other Pearl Harbor partner-operated 
historic sites that are accessed through the NPS facility: the 
Battleship Missouri Memorial and the Pacific Aviation Museum. 
Visitors surrender all bags and luggage before entering the NPS 
facility to visit NPS sites or the partner-operated sites. 
Currently, the other partner at Halawa Landing, the USS Bowfin 
Submarine Museum, requires visitors to store their bags in a 
separate secure facility.
    The NPS is in the midst of a $50 million replacement of the 
USS Arizona Memorial Visitor Center, at Halawa Landing. When 
completed, this new facility will include space for a ticket 
counter for the Pearl Harbor historic sites partners to sell 
their tickets, which will be adjacent to the NPS information 
and ticketing counter.
    Free admission to the USS Arizona Memorial is required by 
law. If H.R. 3804 is enacted, visitors would approach the NPS 
ticket booth at the entrance to the Visitor Center and receive 
a free, timed ticket to the USS Arizona Memorial. At the same 
time, visitors would be able to purchase all their tickets to 
other Pearl Harbor historic sites and plan their visit. H.R. 
3804 would authorize NPS to work with our partners on a joint 
ticketing operation, and recover a reasonable fee to cover any 
administrative costs associated with such operation.
    Our partners at Pearl Harbor enhance visitor understanding 
and increase appreciation for World War II Pacific Theatre 
history. Entrance fees to Pearl Harbor historic sites are the 
partners' critical source of revenue for operations and 
allowing the sale of their tickets at the NPS visitor center 
supports the NPS's broader mission to tell the story of the 
Pacific Theater. Joint ticket sales would be the next step in 
enhancing the visitor experience and our partnership. For 
example, visitors waiting for the launch to the USS Arizona 
Memorial would have additional time to explore the USS Bowfin 
Museum, or start their tours on Ford Island, returning to board 
their launch to the USS Arizona Memorial.
    Section 121 of Public Law 111-88--The Department of the 
Interior, Environment and Related Agencies Appropriations Act, 
2010, enacted on October 30, 2009, provides the same authority 
contained in Title II of H.R. 3804 regarding Pearl Harbor 
Ticketing for fiscal year 2010. However, the permanent 
authority provided by H.R. 3804 remains necessary.


            section 301: george washington memorial parkway


    Section 301 of H.R. 3804 would address a long-standing 
access issue on the George Washington Memorial Parkway. The 
Claude Moore Colonial Farm (Farm) is a 68.5-acre working 
colonial farm, part of the 235-acre Langley Tract property that 
was transferred to the George Washington Memorial Parkway in 
1971 to provide public recreation and open space. The 
greenhouses, administrative offices, staff parking, a storage 
area for Farm equipment, and animal pens are located in the 
administration and maintenance area of the Farm. Colonial Farm 
Road forms the eastern boundary between the Langley Tract and 
the Farm and provides the main public access to the Farm from 
Georgetown Pike. In addition to providing Farm access, Colonial 
Farm Road serves as an entrance road to the Federal Highway 
Administration's Turner-Fairbank Highway Research Center 
(Research Center) and the George Bush Center for Intelligence 
(CIA).
    The three federal agencies have discussed concerns about 
crossing property lines, the need to have uninterrupted access 
to their properties, and the need to improve security 
(visibility) near perimeter fencing of the Research Center. 
They have identified properties suitable for exchange that 
would provide access to the Farm's administrative and 
maintenance area and the means to improve security outside the 
fencing of the Research Center and CIA acceptable to NPS 
standards.
    H.R. 3804 would authorize the transfer of administrative 
jurisdiction of land between the NPS and the Federal Highway 
Administration to provide the NPS with a separate access road 
in the administration and maintenance area for the Farm that 
will not go through the Research Center. In exchange, NPS would 
provide the Federal Highway Administration with a visible 
buffer on parkland outside the perimeter fence of the Research 
Center. NPS would also place use restrictions on another parcel 
of land to improve security of the Research Center.


                      section 302: dc snow removal


    Section 302 of H.R. 3804 addresses snow removal within the 
District of Columbia. The Chief of Engineers of the U.S. Army 
was originally given responsibility for snow removal on 
sidewalks in front of all buildings owned or leased by the 
United States (except the Capitol grounds and the Library of 
Congress) and from all sidewalks or crosswalks used as public 
thoroughfares in and around all public squares, reservations, 
or open spaces within the fire limits of the District of 
Columbia. In 1925, the duties of the Chief of Engineers were 
transferred to the Director of Public Buildings and Public 
Parks of the National Capital, and subsequently to the NPS.
    The NPS has not removed snow from the sidewalks of non-NPS 
buildings and lots for more than thirty years. Instead, the 
respective federal agency has taken responsibility for snow 
removal on public thoroughfares or on sidewalks or crosswalks 
in front of buildings that are owned or leased by the United 
States and are under such agency's administrative jurisdiction. 
The General Services Administration (GSA), which operates, 
protects, and maintains most government-owned and leased 
buildings and grounds in the District of Columbia, has 
regulations at 41 CFR Part 102-74 providing that GSA maintains 
and repairs such sidewalks and that snow removal is part of its 
complete facility maintenance schedule. The D.C. Snow Removal 
Act of 1922 was never amended, however, to reflect the 
effective change in responsibility.
    H.R. 3804 would amend the D.C. Snow Removal Act of 1922 to 
clarify that each federal agency would be responsible for 
property owned by the United States and under that agency's 
administrative jurisdiction, including snow removal. This would 
make the law consistent with modern snow removal practices and 
would change the time period for snow removal to reflect the 
realities of street snow removal where plows usually clear the 
streets by pushing snow onto the adjacent sidewalks, and where 
additional time is necessary to remove it. The legislation also 
would allow for the duty of a federal agency to be delegated to 
another governmental or nongovernmental entity through a lease, 
contract, or other comparable arrangement. If two federal 
agencies have overlapping responsibility for the same sidewalk, 
the bill would provide the authority for the agencies to enter 
into an arrangement assigning responsibility.


     section 303: martin luther king, jr. national historical park


    H.R. 3804 would redesignate the Martin Luther King, Junior, 
National Historic Site as a National Historical Park to reflect 
its multiple properties and broad themes, and provide a new map 
reference for the park, which reflects the proposed name change 
and indicates a land exchange that occurred in 2004.


     section 304: lava beds national wilderness boundary adjustment


    H.R. 3804 would correct errors in the 1972 law that 
designated wilderness at Lava Beds National Monument. Through 
the substitution of a new wilderness boundary map, certain 
improved areas would be excluded from wilderness and other 
areas that are appropriate for designation would be included.
    Adding and subtracting parts of the two wilderness areas 
would produce a net increase of 399 acres in the actual amount 
of designated wilderness. Although the 1972 law provides for 
about 10,000 acres of wilderness in the Black Lava Flow area 
and about 18,460 in the Schonchin Lava Flow area, a 1993 survey 
that used Geographic Information Systems (GIS) and a map 
produced by the U.S. Geological Survey found that the actual 
acreage in the two wilderness areas is 10,125 and 17,936 
respectively. The proposed legislation would provide for about 
10,431 acres within the Black Lava Flow area and about 18,029 
acres in the Schonchin Lava Flow area, and the map referenced 
in H.R. 3804 depicts two wilderness areas with the same amount 
of acreage as those two figures indicate. Added together, the 
acreage of the two wilderness areas would be the same total 
amount (28,460) that Congress intended to designate in the 1972 
law, only distributed differently between the two areas and 
measured more accurately.
    This proposal is consistent with Lava Bed National 
Monument's 1996 General Management Plan and 2006 Wilderness 
Stewardship Plan. The only costs anticipated from this proposal 
would be for signs and maps, which would be negligible.


                            other provisions


    Finally, Title IV of H.R. 3804 would make technical 
corrections to several acts that involve a national seashore, 
wild and scenic rivers, and national heritage areas addressing 
a number of small issues for various parks that have been 
needed for a long time. We look forward to working with you for 
their enactment.
    Mr. Chairman, that concludes my statement. I would be happy 
to answer any questions that you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the Act H.R. 3804 as ordered 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):

           A. HISTORIC SITES, BUILDINGS, AND ANTIQUITIES ACT


  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. 461 et seq.)

           *       *       *       *       *       *       *


    Sec. 2. The Secretary of the Interior (hereinafter referred 
to as the Secretary), through the National Park Service, for 
the purpose of effectuating the policy expressed in section 1 
hereof, shall have the following powers and perform the 
following duties and functions:
    (a) Secure, collate, and preserve drawings, plans, 
photographs, and other data of historic and archaeologic sites, 
buildings, and objects.

           *       *       *       *       *       *       *

    (k) Perform any and all acts, and make such rules and 
regulations not inconsistent with this Act as may be necessary 
and proper to carry out the provisions thereof. Any person 
violating any of the rules and regulations authorized by this 
Act shall be punished by a fine of not more than $500 and be 
adjudged to pay all [cost of the proceedings.] 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. 3. (a) There is hereby established a National Park 
System Advisory Board, whose purpose shall be to advise the 
Director of the National Park Service on matters relating to 
the National Park Service, the National Park System, and 
programs administered by the National Park Service.

           *       *       *       *       *       *       *

    (f) The National Park System Advisory Board shall continue 
to exist until January 1, [2010] 2020. The provisions of 
section 14(b) of the Federal Advisory Committee Act (the Act of 
October 6, 1972; 86 Stat. 776) are hereby waived with respect 
to the Board, but in all other respects, it shall be subject to 
the provisions of the Federal Advisory Committee Act.

           *       *       *       *       *       *       *


            B. NATIONAL PARKS OMNIBUS MANAGEMENT ACT OF 1998


AN ACT To provide for improved management and increased accountability 
   for certain National Park Service programs, and for other purposes

            (Public Law 105-319; Approved November 13, 1998)


SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Parks Omnibus Management Act of 1998''.

           *       *       *       *       *       *       *


TITLE IV--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT IMPROVEMENT ACT 
OF 1998 (16 U.S.C. 5951 et seq.)

           *       *       *       *       *       *       *



SEC. 401. SHORT TITLE.

    This Act may be cited as the ``National Park Service 
Concessions Management Improvement Act of 1998''.

           *       *       *       *       *       *       *


SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT ADVISORY BOARD.

    (a) Establishment.--There is hereby established a National 
Park Service Concessions Management Advisory Board (in this 
title referred to as the ``Advisory Board'') whose purpose 
shall be to advise the Secretary and National Park Service on 
matters relating to management of concessions in the National 
Park System.

           *       *       *       *       *       *       *

    (d) Termination.--The Advisory Board shall continue to 
exist until December 31, [2009] 2019. In all other respects, it 
shall be subject to the provisions of the Federal Advisory 
Committee Act.

           *       *       *       *       *       *       *


              C. NATIONAL MILITARY PARKS, MONUMENTS, ETC.


   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; 16 U.S.C. 9a)

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
Secretary of War is hereby authorized to prescribe and publish 
such regulations as he deems necessary for the proper 
government and protection of, and maintenance of good order in, 
national military parks, national parks, battlefield sites, 
national monuments, and miscellaneous memorials as are now or 
hereafter may be under the control of the Department of the 
Army; and any person who knowingly and willfully violates any 
such regulation shall be deemed guilty of a misdemeanor and 
punishable by a fine of not more than $100 or by imprisonment 
for not more than three months, or by both [such fine and 
imprisonment.] 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 Act'') and section 3571 of 
title 18, United States Code.

           *       *       *       *       *       *       *


                 D. VOLUNTEERS IN THE PARKS ACT OF 1969


   AN ACT To authorize the Secretary of the Interior to establish a 
         volunteers in the park program, and for other purposes

(Public Law 91-357; Approved July 29, 1970)

           *       *       *       *       *       *       *



SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

                            (16 U.S.C. 18j)

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act, but not more 
than [$3,500,000] $10,000,000 shall be appropriated in any one 
year.

           *       *       *       *       *       *       *


             E. DISTRICT OF COLUMBIA, SNOW AND ICE REMOVAL


    AN ACT Providing for the removal of snow and ice from the paved 
                 sidewalks of the District of Columbia

 (67 P.L. 304; 67 Cong. Ch. 318; 42 Stat. 845; Approved September 16, 
                                 1922)

    [Sec. 3. That it shall be the duty of the Chief Engineer of 
the United States Army, within the first eight hours of 
daylight after the ceasing to fall of any snow or sleet, or 
after the accumulation of ice upon the paved sidewalks within 
the fire limits of the District of Columbia, to remove or cause 
to be removed from such sidewalks as are in front of or 
adjacent to all buildings owned or leased by the United States, 
except the Capitol buildings and grounds and the Congressional 
Library building, and from all paved sidewalks or crosswalks 
used as public thoroughfares in front of, around, or through 
all public squares, reservations, or open spaces within the 
fire limits of the District of Columbia, owned or leased by the 
United States, such snow, sleet, and ice; but in the event of 
inability to remove such accumulation of snow, sleet, and ice, 
by reason of the hardening thereof, without injury to the 
sidewalk, it shall be his duty, within the first eight hours of 
daylight after the hardening of such snow, sleet, and ice, to 
make reasonably safe for travel, or cause to be made reasonably 
safe for travel, by the sprinkling of sand or ashes thereon, 
such paved sidewalks and crosswalks, and shall, as soon 
thereafter as the weather shall permit, thoroughly clean said 
sidewalks and crosswalks.] 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.

           *       *       *       *       *       *       *


         F. MARTIN LUTHER KING, JUNIOR, NATIONAL HISTORIC SITE


 AN ACT To establish the Martin Luther King, Junior, National Historic 
          Site in the State of Georgia, and for other purposes

   (Public Law 96-428; Approved October 10, 1980; 16 U.S.C. 461 note)

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) in 
order to protect and interpret for the benefit, inspiration, 
and education of present and future generations the places 
where Martin Luther King, Junior, was born, where he lived, 
worked, and worshipped, and where he is buried, there is hereby 
established the [Martin Luther King, Junior, National Historic 
Site] Martin Luther King, Jr. National Historical Park in the 
State of Georgia. The national [historic site] historical park 
shall consist of that real property in the city of Atlanta, 
Georgia, within the boundary generally depicted on [the map 
entitled ``Martin Luther King, Junior, National Historic Site 
Boundary Map'', number 489/80,013B, and dated September 1992] 
the map titled ``Martin Luther King, Jr. National Historical 
Park'', numbered 489/80,032, and dated April 2009 together with 
the property known as 234 Sunset Avenue, Northwest. The map 
referred to in this subsection shall be on file and available 
for public inspection in the local and Washington, District of 
Columbia offices of the National Park Service, Department of 
the Interior.
    (b) In furtherance of the purposes of this Act, there is 
hereby established the Martin Luther King, Junior, Preservation 
District, which shall consist of the area identified as 
``Preservation District'' in the map referred to in subsection 
(a) of this section.
    Sec. 2. (a) The Secretary of the Interior (hereinafter 
referred to as ``the Secretary'') shall administer the [Martin 
Luther King, Junior, National Historic Site] Martin Luther 
King, Jr. National Historical Park and Preservation District in 
accordance with the provisions of this Act, and the provisions 
of law generally applicable to national historic sites, 
including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 
1, 2-4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 
461-7).
    (b)(1) Within the national [historic site] historical park 
the Secretary is authorized to acquire by donation, purchase 
with donated or appropriated funds, transfer, or exchange, 
lands and interests therein, except that property owned by the 
State of Georgia or any political subdivision thereof may be 
acquired only by donation or exchange.

           *       *       *       *       *       *       *

    (3) Property may be acquired pursuant to this section 
subject to such conditions and reservations as in the judgment 
of the Secretary are not inconsistent with the purposes of this 
Act and the administration of the national [historic site] 
historical park, including, in the event that the burial site 
of Martin Luther King, Junior, is acquired, the condition that 
his window may be interred therein.

           *       *       *       *       *       *       *

    (5) Structural space requirements of the National Park 
Service to meet its administration, operational, and 
interpretive functions for the national [historic site] 
historical park and preservation district shall, to the maximum 
extent feasible without displacing residents, be met within the 
district through the adaptive use of existing structures.
    Sec. 3. (a) Within the national [historic site] historical 
park, the Secretary may convey a freehold or leasehold interest 
in any property, for such sums as he deems appropriate, and 
subject to such terms and conditions and reservations as will 
assure the use of the property in a manner which is, in the 
judgment of the Secretary, consistent with the purposes of this 
Act and the administration of the national [historic site] 
historical park. The Secretary shall offer the last owner or 
tenant of record a reasonable opportunity to purchase or lease, 
as appropriate, the property proposed to be conveyed prior to 
any conveyance under this subsection, and in the case of a 
lease to such tenant of record, the initial rental charge shall 
not be substantially more than the last rent paid by the tenant 
for that property, with any future increases not to exceed the 
general escalation of rental rates in the surrounding area.

           *       *       *       *       *       *       *

    (c) The Secretary may, in carrying out his authorities with 
respect to the interpretation of properties within the national 
[historic site] historical park and the preservation district, 
accept the services and assistance, with or without 
reimbursement therefor, of qualified persons and entities to 
the extent he deems necessary and appropriate. Funds 
appropriated for the purposes of this Act may be expended for 
the improvement, restoration, and maintenance of properties in 
which the Secretary has acquired a leasehold interest.
    (d) Notwithstanding any other provision of law, the 
Secretary shall give first preference to the Martin Luther 
King, Junior, Center for Social Change with respect to any 
contract for a concession to sell books, postcards, tapes, or 
similar types of appropriate mementos related to the purpose of 
this Act, on facilities operated and maintained by the 
Secretary within the [historic site] historical park: Provided, 
That agreement can be reached on terms and conditions 
acceptable to the Secretary.

           *       *       *       *       *       *       *

    Sec. 4. (a) There is hereby established the [Martin Luther 
King, Junior, National Historic Site] Martin Luther King, Jr. 
National Historical Park Advisory Commission (hereinafter 
referred to in this section as the ``Commission''). The 
Commission shall consist of thirteen members, eleven of whom 
shall be appointed by the Secretary as follows:

           *       *       *       *       *       *       *

    (c) The function of the Commission shall be to:
          (1) advise the Secretary with respect to the 
        formulation and execution of plans for and the overall 
        administration of the national [historic site] 
        historical park and the preservation district, 
        including advice with respect to the consummation of 
        cooperative agreements, and interpretation of 
        properties, and the use and appreciation of the 
        national [historic site] historical park and the 
        preservation district by the public;

           *       *       *       *       *       *       *

    Sec. 5. Notwithstanding any other provision of law, no fees 
shall be charged for entrance or admission to the national 
[historic site] historical park or the preservation district 
established by this Act.

           *       *       *       *       *       *       *

    Sec. 8. Within three complete fiscal years from the 
effective date of this Act, the Secretary shall submit to the 
Committee on Interior and Insular Affairs of the United States 
House of Representatives and the Committee on Energy and 
Natural Resources of the United States Senate, a comprehensive 
general management plan for the [historic site] historical park 
and the preservation district consistent with the provisions of 
this Act and pursuant to the provisions of section 12(b) of the 
Act of August 18, 1970 (84 Stat. 825), as amended (16 U.S.C. 
1a-1 et seq.).

           *       *       *       *       *       *       *


             G. LAVA BEDS NATIONAL MONUMENT WILDERNESS AREA


AN ACT To designate certain lands in the Lava Beds National Monument in 
                       California, as wilderness

  (Public Law 92-493; Approved October 13, 1972; 16 U.S.C. 1132 note)

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That, in] 
Section 1. In accordance with section 3(c) of the Wilderness 
Act (78 Stat. 892; 16 U.S.C. 1132(c)), those lands within the 
area generally known as the Black Lava Flow in the Lava Beds 
National Monument comprising about [ten thousand acres, as 
depicted on the map entitled ``Wilderness Plan, Lava Beds 
National Monument, California'', numbered NM-LB-3227H and dated 
August 1972, and those lands within the area generally known as 
the Schonchin Lava Flow comprising about eighteen thousand four 
hundred and sixty acres, as depicted on such map, are hereby 
designated as wilderness.] 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. The map and a description of the boundary of such 
lands shall be on file and available for public inspection in 
the offices of the National Park Service, Department of the 
Interior.

           *       *       *       *       *       *       *


             H. OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009


    AN ACT To designate certain land as components of the National 
   Wilderness Preservation System, to authorize certain programs and 
  activities in the Department of the Interior and the Department of 
                  Agriculture, and for other purposes

     (Public Law 111-11; Approved March 30, 2009; 16 U.S.C. 1 note)


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Omnibus 
Public Land Management Act of 2009''.

           *       *       *       *       *       *       *


                       TITLE V--RIVERS AND TRAILS


Subtitle A--Additions to the National Wild and Scenic Rivers System

           *       *       *       *       *       *       *



SEC. 5002. SNAKE RIVER HEADWATERS, WYOMING.

                         (16 U.S.C. 1274 note)

    (a) Short Title.--This section may be cited as the ``Craig 
Thomas Snake Headwaters Legacy Act of 2008''.

           *       *       *       *       *       *       *

    (c) Definitions.--In this section:
          (1) Secretary concerned.--The term ``Secretary 
        concerned'' means--
                  (A) the Secretary of Agriculture (acting 
                through the Chief of the Forest Service), with 
                respect to each river segment described in 
                [paragraph (205) of section 3(a)] paragraph 
                (206) of section 3(a) of the Wild and Scenic 
                Rivers Act (16 U.S.C. 1274(a)) (as added by 
                subsection (d)) that is not located in--

           *       *       *       *       *       *       *

                  (B) the Secretary of the Interior, with 
                respect to each river segment described in 
                [paragraph (205) of section 3(a)] paragraph 
                (206) of section 3(a) of the Wild and Scenic 
                Rivers Act (16 U.S.C. 1274(a)) (as added by 
                subsection (d)) that is located in--

           *       *       *       *       *       *       *


SEC. 5003. TAUNTON RIVER, MASSACHUSETTS.

                         (16 U.S.C. 1274 note)

    (a) Designation.--Section 3(a) of the Wild and Scenic 
Rivers Act (16 U.S.C. 1274(a)) (as amended by section 5002(d)) 
is amended by adding at the end the following:

           *       *       *       *       *       *       *

    (b) Management of Taunton River, Massachusetts.--
          (1) Taunton river stewardship plan.--
                  (A) In general.--Each river segment 
                designated by [section 3(a)(206)] section 
                3(a)(207) of the Wild and Scenic Rivers Act (as 
                added by subsection (a)) shall be managed in 
                accordance with the Taunton River Stewardship 
                Plan, dated July 2005 (including any amendment 
                to the Taunton River Stewardship Plan that the 
                Secretary of the Interior (referred to in this 
                subsection as the ``Secretary'') determines to 
                be consistent with this section).

           *       *       *       *       *       *       *

          (2) Cooperative agreements.--To provide for the long-
        term protection, preservation, and enhancement of each 
        river segment designated by [section 3(a)(206)] section 
        3(a)(207) of the Wild and Scenic Rivers Act (as added 
        by subsection (a)), pursuant to sections 10(e) and 
        11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1281(e) and 1282(b)(1)), the Secretary may enter into 
        cooperative agreements (which may include provisions 
        for financial and other assistance) with--

           *       *       *       *       *       *       *

          (3) Relation to national park system.--
        Notwithstanding section 10(c) of the Wild and Scenic 
        Rivers Act (16 U.S.C. 1281(c)), each river segment 
        designated by [section 3(a)(206)] section 3(a)(207) of 
        the Wild and Scenic Rivers Act (as added by subsection 
        (a)) shall not be--

           *       *       *       *       *       *       *

          (4) Land management.--
                  (A) Zoning ordinances.--The zoning ordinances 
                adopted by the Towns of Bridgewater, Halifax, 
                Middleborough, Raynham, Berkley, Dighton, 
                Freetown, and Somerset, and the Cities of 
                Taunton and Fall River, Massachusetts 
                (including any provision of the zoning 
                ordinances relating to the conservation of 
                floodplains, wetlands, and watercourses 
                associated with any river segment designated by 
                [section 3(a)(206)] section 3(a)(207) of the 
                Wild and Scenic Rivers Act (as added by 
                subsection (a))), shall be considered to 
                satisfy each standard and requirement described 
                in section 6(c) of the Wild and Scenic Rivers 
                Act (16 U.S.C. 1277(c)).
                  (B) Villages.--For the purpose of section 
                6(c) of the Wild and Scenic Rivers Act (16 
                U.S.C. 1277(c)), each town described in 
                subparagraph (A) shall be considered to be a 
                village.
                  (C) Acquisition of land.--
                          (i) Limitation of authority of 
                        secretary.--With respect to each river 
                        segment designated by [section 
                        3(a)(206)] section 3(a)(207) of the 
                        Wild and Scenic Rivers Act (as added by 
                        subsection (a)), the Secretary may only 
                        acquire parcels of land--
                                  (I) by donation; or
                                  (II) with the consent of the 
                                owner of the parcel of land.
                          (ii) Prohibition relating to 
                        acquisition of land by condemnation.--
                        In accordance with section 6(c) of the 
                        Wild and Scenic Rivers Act (16 U.S.C. 
                        1277(c)), with respect to each river 
                        segment designated by [section 
                        3(a)(206)] section 3(a)(207) of the 
                        Wild and Scenic Rivers Act (as added by 
                        subsection (a)), the Secretary may not 
                        acquire any parcel of land by 
                        condemnation.

           *       *       *       *       *       *       *


                  TITLE VIII--NATIONAL HERITAGE AREAS


Subtitle A--Designation of National Heritage Areas

           *       *       *       *       *       *       *



SEC. 8005. BALTIMORE NATIONAL HERITAGE AREA, MARYLAND.

                          (16 U.S.C. 461 note)

    (a) Definitions.--In this section:
    (b) Baltimore National Heritage Area.--
          (1) Establishment.--There is established the 
        Baltimore National Heritage Area in the State.

           *       *       *       *       *       *       *

          (3) Availability of map.--The map shall be on file 
        and available for public inspection in the appropriate 
        offices of the National Park Service and the [Baltimore 
        Heritage Area Association] Baltimore City Heritage Area 
        Association.
          (4) Local coordinating entity.--The [Baltimore 
        Heritage Area Association] Baltimore City Heritage Area 
        Association shall be the local coordinating entity for 
        the Heritage Area.

           *       *       *       *       *       *       *

    (i) Termination of [Effectiveness] Financial Assistance.--
The authority of the Secretary to provide assistance under this 
section terminates on the date that is 15 years after the date 
of enactment of this Act.

           *       *       *       *       *       *       *


SEC. 8009. MUSCLE SHOALS NATIONAL HERITAGE AREA, ALABAMA.

    (a) Purposes.--The purposes of this section are--

           *       *       *       *       *       *       *

    (j) Termination of [Effectiveness] Financial Assistance.--
The authority of the Secretary to provide financial assistance 
under this section terminates on the date that is 15 years 
after the date of enactment of this Act.

           *       *       *       *       *       *       *


               I. CUMBERLAND ISLAND NATIONAL SEASHORE ACT


  AN ACT To establish the Cumberland Island National Seashore in the 
                State of Georgia, and for other purposes

             (Public Law 92-536; Approved October 23, 1972)

    Sec. 6. (a) The seashore shall be administered, protected, 
and developed in accordance with the provisions of the Act of 
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), as amended 
and supplemented, except that any other statutory authority 
available to the Secretary for the conservation and management 
of natural resources may be utilized to the extent he finds 
such authority will further the purposes of the Act.
    (b) Except for certain portions of the seashore deemed to 
be especially adaptable for recreational uses, particularly 
swimming, boating, fishing, hiking, horseback riding, and other 
recreational activities of similar nature, which shall be 
developed for such uses as needed, the seashore shall be 
permanently preserved in its primitive state, and, except as 
provided in subsection (c), no development of the project or 
plan for the convenience of visitors shall be undertaken which 
would be incompatible with the preservation of the unique flora 
and fauna or the [physiographic conditions not prevailing] 
physiographic conditions now prevailing, nor shall any road or 
causeway connecting Cumberland Island to the mainland be 
constructed.

           *       *       *       *       *       *       *


             J. CONSOLIDATED NATURAL RESOURCES ACT OF 2008


 AN ACT To authorize certain programs and activities in the Department 
 of the Interior, the Forest Service, and the Department of Energy, to 
    implement further the Act approving the Covenant to Establish a 
 Commonwealth of the Northern Mariana Islands in Political Union with 
the United States of America, to amend the Compact of Free Association 
             Amendments Act of 2003, and for other purposes

(Public Law 110-229; Approved May 8, 2008)

           *       *       *       *       *       *       *



                   TITLE IV--NATIONAL HERITAGE AREAS


Subtitle A--Journey Through Hallowed Ground National Heritage Area

           *       *       *       *       *       *       *



            Subtitle B--Niagara Falls National Heritage Area


(16 U.S.C. 461 note)

           *       *       *       *       *       *       *



SEC. 427. NIAGARA FALLS HERITAGE AREA COMMISSION.

    (a) Establishment.--There is established within the 
Department of the Interior the Niagara Falls National Heritage 
Area Commission.

           *       *       *       *       *       *       *

    (k) Use of Federal Funds.--[Except as provided for the 
leasing of administrative facilities under subsection (g)(1), 
the] The Commission may not use Federal funds made available to 
the Commission under this subtitle to acquire any real property 
or interest in real property.

           *       *       *       *       *       *       *


                                  
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