I

104TH CONGRESS

1ST SESSION H. R. 260

To provide for the development of a plan and a management review of

the National Park System and to reform the process by which areas

are considered for addition to the National Park System, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. HEFLEY (for himself, Mr. HANSEN, and Mr. VENTO) introduced the

following bill; which was referred to the Committee on Resources

A BILL

To provide for the development of a plan and a management

review of the National Park System and to reform the

process by which areas are considered for addition to

the National Park System, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Park System

5 Reform Act of 1995’’.
2

•HR 260 IH

1 TITLE I—NATIONAL PARK

2 SYSTEM PLAN

3 SEC. 101. PREPARATION OF NATIONAL PARK SYSTEM PLAN.

4 (a) PREPARATION OF PLAN.—The Secretary of the

5 Interior (hereinafter in this Act referred to as the ‘‘Sec6 retary’’), acting through the Director of the National Park

7 Service, shall prepare a National Park System Plan (here8 inafter in this Act referred to as the ‘‘plan’’) to guide the

9 direction of the National Park System into the next cen10 tury. The plan shall include each of the following:

11 (1) A statement of goals and objectives for use

12 in defining the mission and role of the National

13 Park Service in preserving our national natural and

14 cultural heritage, relative to other efforts at the

15 Federal, State, local, and private levels.

16 (2) Detailed criteria to be used in determining

17 which natural and cultural resources are appropriate

18 for inclusion as units of the National Park System.

19 (3) Identification of what constitutes adequate

20 representation of a particular resource type and

21 which aspects of the national heritage are adequately

22 represented in the existing National Park System or

23 in other protected areas.
3

•HR 260 IH

1 (4) Identification of appropriate aspects of the

2 national heritage not currently represented in the

3 National Park System.

4 (5) Priorities of the themes and types of re5 sources which should be added to the National Park

6 System in order to provide more complete represen7 tation of our Nation’s heritage.

8 (6) A statement of the role of the National

9 Park Service with respect to such topics as preserva10 tion of natural areas and ecosystems, preservation of

11 industrial America, preservation of nonphysical cul12 tural resources, open space preservation, and provi13 sion of outdoor recreation opportunities.

14 (7) A statement of what areas constitute units

15 of the National Park System and the distinction be16 tween units of the system, affiliated areas, and other

17 areas within the system.

18 (b) CONSULTATION.—During the preparation of the

19 plan under subsection (a), the Secretary shall consult with

20 other Federal land managing agencies, State and local of21 ficials, the National Park System Advisory Board, re22 source management, recreation and scholarly organiza23 tions and other interested parties as the Secretary deems

24 advisable. These consultations shall also include appro25 priate opportunities for public review and comment.
4

•HR 260 IH

1 (c) TRANSMITTAL TO CONGRESS.—Prior to the end

2 of the third complete fiscal year commencing after the

3 date of enactment of this Act, the Secretary shall transmit

4 the plan developed under this section to the Committee

5 on Natural Resources of the United States House of Rep6 resentatives and the Committee on Energy and Natural

7 Resources of the United States Senate.

8 SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK

9 SYSTEM.

10 (a) REVIEW.—(1) Using the National Park System

11 Plan prepared pursuant to section 101 as a guide, the Sec12 retary shall review the existing National Park System to

13 determine whether there are more appropriate alternatives

14 for managing specific units or portions of units within the

15 system, including partnerships or direct management by

16 States, local governments, other agencies and the private

17 sector. The Secretary shall develop a report which contains

18 a list of areas within the National Park System where Na19 tional Park Service management should be modified or

20 terminated.

21 (2) In developing the list under paragraph (1), the

22 Secretary shall consider such factors as duplication within

23 the National Park System, better representation of a par24 ticular resource type under management of another entity,

25 lack of significance, lack of management feasibility, cost,
5

•HR 260 IH

1 lack of visitor accessibility, modifications that change the

2 character of the resource, lack of collaboration to protect

3 resources, suitability for management by another agency,

4 and the compatibility of the resource with the present mis5 sion and role of the National Park Service.

6 (3) For any areas for which termination of National

7 Park Service management is recommended, the Secretary

8 shall make recommendations regarding management by an

9 entity or entities other than the National Park Service.

10 For any area determined to have national significance,

11 prior to including such area on the list under paragraph

12 (1) the Secretary shall identify feasible alternatives to

13 National Park Service management which will protect the

14 resources thereof and assure continued public access

15 thereto.

16 (b) CONSULTATION.—In developing the list referred

17 to in subsection (a), the Secretary shall consult with other

18 Federal land managing agencies, State and local officials,

19 the National Park System Advisory Board, resource man20 agement, recreation and scholarly organizations and other

21 interested parties as the Secretary deems advisable. These

22 consultations shall also include appropriate opportunities

23 for public review and comment.

24 (c) TRANSMITTAL TO CONGRESS.—Not later than 1

25 year after the Secretary completes the plan referred to in
6

•HR 260 IH

1 section 101 of this Act, the Secretary shall transmit the

2 report developed under this section simultaneously to the

3 Natural Resources Committee of the United States House

4 of Representatives and the Committee on Energy and

5 Natural Resources of the United States Senate. The re6 port shall contain the recommendations of the Secretary

7 concerning modifications or termination of National Park

8 Service management for any areas within the National

9 Park System and the recommendations regarding alter10 native management by an entity or entities other than the

11 National Park Service.

12 SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION.

13 (a) ESTABLISHMENT OF COMMISSION.—If the Sec14 retary fails to transmit the report developed under section

15 102 within the 1-year period specified in section 102, a

16 National Park System Review Commission shall be estab17 lished to review existing National Park System units to

18 determine whether there are more appropriate alternatives

19 for managing specific units or portions thereof. Within one

20 year after the date of its establishment, the Commission

21 shall prepare and transmit to the Natural Resources Com22 mittee of the United States House of Representatives and

23 the Committee on Energy and Natural Resources of the

24 United States Senate a report containing a list of National

25 Park System units or portions thereof where National
7

•HR 260 IH

1 Park Service management should be modified or termi2 nated. In developing the list, the Commission shall con3 sider the factors referred to in section 102(a)(2). For any

4 listed areas, the Commission shall suggest alternative

5 management by an entity or entities other than the Na6 tional Park Service, and for any area determined to have

7 national significance, prior to including such area on the

8 list the Commission shall identify feasible alternatives to

9 National Park Service management which will protect the

10 resources of the area and assure continued public access

11 to thereto. In developing the list, the Commission shall

12 consult with other Federal land managing agencies, State

13 and local officials, the National Park System Advisory

14 Board, resource management, recreation and scholarly or15 ganizations and other interested parties as the Secretary

16 deems advisable. These consultations shall also include ap17 propriate opportunities for public review and comment.

18 (b) MEMBERSHIP AND APPOINTMENT.—The Com19 mission shall consist of 7 members each of whom shall

20 have substantial familiarity with, and understanding of,

21 the National Park System. Three members of the Com22 mission, one of whom shall be the Director of the National

23 Park Service, shall be appointed by the Secretary. Two

24 members shall be appointed by the Speaker of the United

25 States House of Representatives and two shall be ap-
8

•HR 260 IH

1 pointed by the President Pro Tem of the United States

2 Senate. Each member shall be appointed within 3 months

3 after the expiration of the 1-year period specified in sec4 tion 102(c).

5 (c) CHAIR.—The Commission shall elect a chair from

6 among its members.

7 (d) VACANCIES.—Vacancies occurring on the Com8 mission shall not affect the authority of the remaining

9 members of the Commission to carry out the functions of

10 the Commission. Any vacancy in the Commission shall be

11 promptly filled in the same manner in which the original

12 appointment was made.

13 (e) QUORUM.—A simple majority of Commission

14 members shall constitute a quorum.

15 (f) MEETINGS.—The Commission shall meet at least

16 quarterly or upon the call of the chair or a majority of

17 the members of the Commission.

18 (g) COMPENSATION.—Members of the Commission

19 shall serve without compensation as such. Members of the

20 Commission, when engaged in official Commission busi21 ness, shall be entitled to travel expenses, including per

22 diem in lieu of subsistence, in the same manner as persons

23 employed intermittently in government service under sec24 tion 5703 of title 5, United States Code.
9

•HR 260 IH

1 (h) TERMINATION.—The Commission established

2 pursuant to this section shall terminate 90 days after the

3 transmittal of the report to Congress as provided in sub4 section (a).

5 (i) LIMITATION ON NATIONAL PARK SERVICE

6 STAFF.—The Commission may hire staff to carry out its

7 assigned responsibilities. Not more than one-half of the

8 professional staff of the Commission shall be made up of

9 current employees of the National Park Service.

10 (j) STAFF OF OTHER AGENCIES.—Upon the request

11 of the Commission, the head of any Federal agency may

12 detail, on a reimbursable basis, any of the personnel of

13 such agency to the Commission to assist the Commission.

14 (k) EXPERTS AND CONSULTANTS.—Subject to such

15 rules as may be adopted by the Commission, the Commis16 sion may procure temporary and intermittent services to

17 the same extent as authorized by section 3109(b) of title

18 5, United States Code, but at rates determined by the

19 Commission to be advisable.

20 (l) POWERS OF THE COMMISSION.—(1) The Commis21 sion shall for the purpose of carrying out this title hold

22 such public hearings, sit and act at such times and places,

23 take such testimony, and receive such evidence as the

24 Commission deems advisable.
10

•HR 260 IH

1 (2) The Commission may make such bylaws, rules,

2 and regulations, consistent with this title, as it considers

3 necessary to carry out its functions under this title.

4 (3) When so authorized by the Commission any mem5 ber or agent of the Commission may take any action which

6 the Commission is authorized to take by this section.

7 (4) The Commission may use the United States mails

8 in the same manner and upon the same conditions as

9 other departments and agencies of the United States.

10 (5) The Secretary shall provide to the Commission

11 any information available to the Secretary and requested

12 by the Commission regarding the plan referred to in sec13 tion 101 and any other information requested by the Com14 mission which is relevant to the duties of the Commission

15 and available to the Secretary.

16 SEC. 104. NEPA.

17 The provisions of the National Environmental Policy

18 Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to

19 the preparation of any report pursuant to section 102 or

20 103 of this Act.

21 TITLE II—NEW AREA

22 ESTABLISHMENT

23 SEC. 201. STUDY OF NEW PARK SYSTEM AREAS.

24 Section 8 of the Act of August 18, 1970, entitled ‘‘An

25 Act to improve the Administration of the National Park
11

•HR 260 IH

1 System by the Secretary of the Interior, and to clarify the

2 authorities applicable to the system, and for other pur3 poses’’ (16 U.S.C. 1a–1 and following) is amended as

4 follows:

5 (1) By inserting ‘‘GENERAL AUTHORITY.—’’

6 after ‘‘(a)’’.

7 (2) By striking the second through the sixth

8 sentences of subsection (a).

9 (3) By redesignating the last sentence of sub10 section (a) as subsection (e) and inserting in such

11 sentence before the words ‘‘For the purposes of car12 rying’’ the following: ‘‘(e) AUTHORIZATION OF AP13 PROPRIATIONS.—’’.

14 (4) By striking subsection (b).

15 (5) By inserting the following after subsection

16 (a):

17 ‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDI18 TION.—(1) At the beginning of each calendar year, along

19 with the annual budget submission, the Secretary shall

20 submit to the Committee on Natural Resources of the

21 House of Representatives and to the Committee on En22 ergy and Natural Resources of the United States Senate

23 a list of areas recommended for study for potential inclu24 sion in the National Park System.
12

•HR 260 IH

1 ‘‘(2) In developing the list to be submitted under this

2 subsection, the Secretary shall give consideration to those

3 areas that have the greatest potential to meet the estab4 lished criteria of national significance, suitability, and fea5 sibility. The Secretary shall give special consideration to

6 themes, sites, and resources not already adequately rep7 resented in the National Park System as identified in the

8 National Park System Plan to be developed under section

9 101 of the National Park System Reform Act of 1994.

10 No study of the potential of an area for inclusion in the

11 National Park System may be initiated after the date of

12 enactment of this section, except as provided by specific

13 authorization of an Act of Congress. Nothing in this Act

14 shall limit the authority of the National Park Service to

15 conduct preliminary resource assessments, gather data on

16 potential study areas, provide technical and planning as17 sistance, prepare or process nominations for administra18 tive designations, update previous studies, or complete re19 connaissance surveys of individual areas requiring a total

20 expenditure of less than $25,000. Nothing in this section

21 shall be construed to apply to or to affect or alter the

22 study of any river segment for potential addition to the

23 national wild and scenic rivers system or to apply to or

24 to affect or alter the study of any trail for potential addi25 tion to the national trails system.
13

•HR 260 IH

1 ‘‘(c) REPORT.—The Secretary shall complete the

2 study for each area for potential inclusion into the Na3 tional Park System within 3 complete fiscal years follow4 ing the date of enactment of specific legislation providing

5 for the study of such area. Each study under this section

6 shall be prepared with appropriate opportunity for public

7 involvement, including at least one public meeting in the

8 vicinity of the area under study, and reasonable efforts

9 to notify potentially affected landowners and State and

10 local governments. In conducting the study, the Secretary

11 shall consider whether the area under study—

12 ‘‘(1) possesses nationally significant natural or

13 cultural resources, or outstanding recreational op14 portunities, and that it represents one of the most

15 important examples of a particular resource type in

16 the country; and

17 ‘‘(2) is a suitable and feasible addition to the

18 system.

19 Each study shall consider the following factors with regard

20 to the area being studied: the rarity and integrity of the

21 resources, the threats to those resources, whether similar

22 resources are already protected in the National Park Sys23 tem or in other Federal, state or private ownership, the

24 public use potential, the interpretive and educational po25 tential, costs associated with acquisition, development and
14

•HR 260 IH

1 operation, the socioeconomic impacts of any designation,

2 the level of local and general public support and whether

3 the unit is of appropriate configuration to ensure long4 term resource protection and visitor use. Each such study

5 shall also consider whether direct National Park Service

6 management or alternative protection by other agencies or

7 the private sector is appropriate for the area. Each such

8 study shall identify what alternative or combination of al9 ternatives would in the professional judgment of the Di10 rector of the National Park Service, be most effective and

11 efficient in protecting significant resources and providing

12 for public enjoyment. Each study shall be completed in

13 compliance with the National Environmental Policy Act

14 of 1969. The letter transmitting each completed study to

15 Congress shall contain a recommendation regarding the

16 Administration’s preferred management option for the

17 area.

18 ‘‘(d) LIST OF AREAS.—At the beginning of each cal19 endar year, along with the annual budget submission, the

20 Secretary shall submit to the Committee on Natural Re21 sources of the House of Representatives and to the Com22 mittee on Energy and Natural Resources of the United

23 States Senate a list of areas which have been previously

24 studied which contain primarily cultural or historical re25 sources and a list of areas which have been previously
15

•HR 260 IH

1 studied which contain primarily natural resources in nu2 merical order of priority for addition to the National Park

3 System. In developing the list, the Secretary should con4 sider threats to resource values, cost escalation factors and

5 other factors listed in subsection (c) of this section.’’.

Æ