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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2941 Engrossed in House (EH)]

  2d Session

                               H. R. 2941

_______________________________________________________________________

                                 AN ACT

 To improve the quantity and quality of the quarters of land management 
            agency field employees, and for other purposes.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
104th CONGRESS
  2d Session
                                H. R. 2941

_______________________________________________________________________

                                 AN ACT

 
 To improve the quantity and quality of the quarters of land management 
            agency field employees, and for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Park 
Service Administrative Reform Act of 1996''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. National Park Service Housing Improvement Act.
Sec. 3. Minor boundary revision authority.
Sec. 4. Authorization for certain park facilities to be located outside 
                            of units of the National Park System.
Sec. 5. Elimination of unnecessary congressional reporting 
                            requirements.
Sec. 6. Senate confirmation of the Director of the National Park 
                            Service.
Sec. 7. National Park System Advisory Board authorization.
Sec. 8. Challenge cost-share agreement authority.
Sec. 9. Cost recovery for damage to national park resources.

SEC. 2. NATIONAL PARK SERVICE HOUSING IMPROVEMENT ACT.

    (a) Purposes.--The purposes of this section are--
            (1) to develop where necessary an adequate supply of 
        quality housing units for field employees of the National Park 
        Service within a reasonable time frame;
            (2) to expand the alternatives available for construction 
        and repair of essential government housing;
            (3) to rely on the private sector to finance or supply 
        housing in carrying out this section, to the maximum extent 
        possible, in order to reduce the need for Federal 
        appropriations;
            (4) to provide increased opportunities for the ownership of 
        housing by field employees, together with the equity and tax 
        benefits associated with home ownership;
            (5) to ensure that adequate funds are available to provide 
        for long-term maintenance needs of field employee housing; and
            (6) to eliminate unnecessary government housing and locate 
        such housing as is required in a manner such that primary 
        resource values are not impaired.
    (b) General Authority.--To enhance the ability of the Secretary of 
the Interior (hereinafter in this section referred to as ``the 
Secretary''), acting through the Director of the National Park Service, 
to effectively manage units of the National Park System, the Secretary 
is authorized where necessary and justified to make available employee 
housing, on or off the lands under the administrative jurisdiction of 
the National Park Service, and to rent or lease such housing to field 
employees of the National Park Service at rates based on the reasonable 
value of the housing in accordance with requirements applicable under 
section 5911 of title 5, United States Code.
    (c) Review and Revision of Housing Criteria.--Upon the enactment of 
this Act, the Secretary shall review and revise the existing criteria 
under which housing is provided to employees of the National Park 
Service. The review and revision shall include consideration of the 
following criteria:
            (1) Required occupancy (whether and under what 
        circumstances the National Park Service requires, as a 
        condition of employment, that an employee live at a particular 
        site or in a specific geographic area). For each instance in 
        which occupancy is required, full consideration shall be given 
        to the concept of adequate response time.
            (2) Availability and adequacy of non-Federal housing in the 
        geographic area, including consideration of the degree of 
        isolation (the time and distance that separate other potential 
        housing from the workplace of a National Park Service 
        employee).
            (3) Category of employment (seasonal or permanent).
    (d) Submission of Report.--A report detailing the results of the 
revisions required by subsection (c) shall be submitted to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate not later than 
180 days after the date of the enactment of this Act. The report shall 
include justifications for keeping, or for changing, each of the 
criteria or factors used by the Department of the Interior with regard 
to the provision of housing to employees of the National Park Service.
    (e) Review of Condition of and Costs Relating to Housing.--Using 
the revised criteria developed under subsection (c), the Secretary 
shall undertake a review, for each unit of the National Park System, of 
existing government-owned housing provided to employees of the National 
Park Service. The review shall include an assessment of the physical 
condition of such housing and the suitability of such housing to 
effectively carry out the missions of the Department of the Interior 
and the National Park Service. For each unit of such housing, the 
Secretary shall determine whether the unit is needed and justified. The 
review shall include estimates of the cost of bringing each such unit 
that is needed and justified into usable condition that meets all 
applicable legal housing requirements or, if the unit is determined to 
be obsolete but is still warranted to carry out the missions of the 
Department of the Interior and the National Park Service, the cost of 
replacing the unit.
    (f) Authorization for Housing Agreements.--For those units of the 
National Park System for which the review required by subsections (c) 
and (e) has been completed, the Secretary is authorized, pursuant to 
the authorities contained in this Act and subject to the appropriation 
of necessary funds in advance, to enter into housing agreements with 
housing entities under which such housing entities may develop, 
construct, rehabilitate, or manage housing, located on or off public 
lands, for rent or lease to National Park Service employees who meet 
the housing eligibility criteria developed by the Secretary pursuant to 
this Act.
    (g) Joint Public-Private Sector Housing Programs.--
            (1) Lease to build program.--Subject to the appropriation 
        of necessary funds in advance, the Secretary may--
                    (A) lease Federal land and interests in land to 
                qualified persons for the construction of field 
                employee quarters for any period not to exceed 50 
                years; and
                    (B) lease developed and undeveloped non-Federal 
                land for providing field employee quarters.
            (2) Competitive leasing.--Each lease under paragraph (1)(A) 
        shall be awarded through the use of publicly advertised, 
        competitively bid, or competitively negotiated contracting 
        procedures, except that a lease to a field employee housing 
        cooperative may be awarded noncompetitively if construction on 
        the leased land is then competitively bid or competitively 
        negotiated.
            (3) Terms and conditions.--Each lease under paragraph 
        (1)(A)--
                    (A) shall stipulate whether operation and 
                maintenance of field employee quarters is to be 
                provided by the lessee, field employees or the Federal 
                Government;
                    (B) shall require that the construction and 
                rehabilitation of field employee quarters be done in 
                accordance with the requirements of the National Park 
                Service and local applicable building codes and 
                industry standards;
                    (C) shall contain such additional terms and 
                conditions as may be appropriate to protect the Federal 
                interest, including limits on rents the lessee may 
                charge field employees for the occupancy of quarters, 
                conditions on maintenance and repairs, and agreements 
                on the provision of charges for utilities and other 
                infrastructure; and
                    (D) may be granted at less than fair market value 
                if the Secretary determines that such lease will 
                improve the quality and availability of field employee 
                quarters available.
            (4) Contributions by united states.--The Secretary may make 
        payments, subject to appropriations, or contributions in kind 
        either in advance of or on a continuing basis to reduce the 
        costs of planning, construction, or rehabilitation of quarters 
        on or off Federal lands under a lease under this subsection.
            (5) Third party participation.--A lease under this 
        subsection may include provision for participation by a third 
        party, when third party presence is needed or required, and 
        approved by the Secretary.
    (h) Rental Guarantee Program.--
            (1) General authority.--Subject to the appropriation of 
        necessary funds in advance, the Secretary may enter into a 
        lease to build arrangement as set forth in subsection (g) with 
        further agreement to guarantee the occupancy of field employee 
        quarters constructed or rehabilitated under such lease. A 
        guarantee made under this subsection shall be in writing.
            (2) Limitations.--The Secretary may not guarantee--
                    (A) the occupancy of more than 75 percent of the 
                units constructed or rehabilitated under such lease; 
                and
                    (B) at a rental rate that exceeds the rate based on 
                the reasonable value of the housing in accordance with 
                requirements applicable under section 5911 of title 5, 
                United States Code.
        In no event shall outstanding guarantees be in excess of 
        $3,000,000.
            (3) Rental to government employees.--A guarantee may be 
        made under this subsection only if the lessee agrees to permit 
        the Secretary to utilize for housing purposes any units for 
        which the guarantee is made.
            (4) Failure to maintain a satisfactory level of operation 
        and maintenance.--The lease shall be null and void if the 
        lessee fails to maintain a satisfactory level of operation and 
        maintenance.
    (i) Joint Development Authority.--The Secretary may use authorities 
granted by statute in combination with one another in the furtherance 
of providing where necessary and justified affordable field employee 
housing.
    (j) Contracts for the Management of Field Employee Quarters.--
            (1) General authority.--Subject to the appropriation of 
        necessary funds in advance, the Secretary may enter into 
        contracts of any duration for the management, repair, and 
        maintenance of field employee quarters.
            (2) Terms and conditions.--Any such contract shall contain 
        such terms and conditions as the Secretary deems necessary or 
        appropriate to protect the interests of the United States and 
        assure that necessary quarters are available to field 
        employees.
    (k) Joint Employee-Agency Housing Programs.--
            (1) Sale of quarters.--
                    (A) General authority.--Notwithstanding any other 
                provision of law, the Secretary may sell field employee 
                quarters to field employees of the agency or a 
                cooperative whose membership is made up exclusively of 
                field employees of the agency.
                    (B) Interest in lands.--The Secretary may only sell 
                a leasehold interest in lands attendant to the sale of 
                any quarters under subparagraph (A).
            (2) Lease of quarters.--The Secretary may lease Federal 
        land to field employees of the National Park Service or a 
        cooperative made up of field employees of the National Park 
        Service for purposes of constructing employee housing.
            (3) Right of first refusal.--The Secretary shall have right 
        of first refusal when any property transferred under this 
        subsection is for sale.
            (4) Covenants.--The Secretary may establish and enforce 
        such covenants as may be appropriate to the property, upon its 
        sale by the Secretary under this subsection.
            (5) Fair market value.--The Secretary may sell or transfer 
        employee quarters under this subsection for less than fair 
        market value if the Secretary determines that such a sale or 
        transfer will improve the quality of field employee quarters 
        available and keep the quarters affordable at the salary ranges 
        of field employees normally occupying them.
            (6) Rule of construction.--Disposal of employee quarters 
        under this subsection to field employees and cooperatives whose 
        membership is made up exclusively of field employees shall not 
        be considered disposal of excess Federal real property under 
        the Federal Property and Administrative Services Act of 1949 
        (40 U.S.C. 471 et seq.).
            (7) Continuing employment requirement.--An individual may 
        occupy employee quarters under this subsection only if the 
        individual or a member of the family of the individual is 
        employed at the National Park System unit with respect to which 
        the quarters are made available.
            (8) Notice.--The Secretary may not take any action 
        authorized pursuant to this section until 180 days after the 
        Secretary submits a report to the appropriate congressional 
        committees respecting the authority of this subsection.
    (l) Leasing of Seasonal Employee Quarters.--
            (1) General authority.--Subject to paragraph (2), the 
        Secretary may lease quarters at or near a unit of the national 
        park system for use as seasonal quarters for field employees. 
        The rent charged to field employees under such a lease shall be 
        a rate based on the reasonable value of the quarters in 
        accordance with requirements applicable under section 5911 of 
        title 5, United States Code.
            (2) Limitation.--The Secretary may only issue a lease under 
        paragraph (1) if the Secretary finds that there is a shortage 
        of adequate and affordable seasonal quarters at or near such 
        unit and that--
                    (A) the requirement for such seasonal field 
                employee quarters is temporary; or
                    (B) leasing would be more cost effective than 
                construction of new seasonal field employee quarters.
            (3) Unrecovered costs.--The Secretary may pay the 
        unrecovered costs of leasing seasonal quarters under this 
        subsection from annual appropriations for the year in which 
        such lease is made.
    (m) Survey of Existing Facilities.--The Secretary shall--
            (1) complete a condition assessment for all field employee 
        housing, including the physical condition of such housing and 
        the necessity and suitability of such housing for the effective 
        prosecution of the agency mission, using existing information; 
        and
            (2) develop a agency-wide priority listing, by structure, 
        identifying those units in greatest need for repair, 
        rehabilitation, replacement, or initial construction.
    (n) Use of Housing-Related Funds.--Expenditure of any funds 
authorized and appropriated for new construction, repair, or 
rehabilitation of housing under this section shall follow the housing 
priority listing established by the agency under subsection (m), in 
sequential order, to the maximum extent practicable.
    (o) Annual Budget Submittal.--The President's proposed budget to 
Congress for the first fiscal year beginning after enactment of this 
Act, and for each subsequent fiscal year, shall include identification 
of nonconstruction funds to be spent for National Park Service housing 
maintenance and operations which are in addition to rental receipts 
collected.
    (p) Employee Transportation.--The Secretary may use applicable 
appropriations of the National Park System for transportation to and 
from work, outside of regular working hours, of field employees, 
residing in or near a national park system unit, such transportation to 
be between the unit and the city, or intervening points, at reasonable 
rates to be determined by the Secretary taking into consideration, 
among other factors, comparable rates charged by transportation 
companies in the locality for similar services, the amounts collected 
for such transportation to be credited to the current appropriation 
account available for administration of the national park system unit 
concerned and shall be available to the Secretary for obligation or 
expenditure. Any surplus proceeds shall be retained by the agency for 
those purposes until expended. If adequate transportation facilities 
are available, or shall be available by any common carrier, at 
reasonable rates, then and in that event the services contemplated by 
this subsection shall not be offered.
    (q) Study of Housing Allowances.--Within 12 months after the date 
of enactment of this Act, the Secretary shall conduct a study to 
determine the feasibility of providing eligible employees of the 
National Park Service with housing allowances rather than government 
housing. The study shall specifically examine the feasibility of 
providing rental allowances to temporary and lower paid permanent 
employees. Whenever the Secretary submits a copy of such study to the 
Office of Management and Budget, he shall concurrently transmit copies 
of the report to the Resources Committee of the United States House of 
Representatives and the Committee on Energy and Natural Resources of 
the United States Senate.
    (r) General Provisions.--
            (1) Construction limitations on federal lands.--The 
        Secretary may not utilize any lands for the purposes of 
        providing field employee housing under this section which could 
        impact primary resource values of the area or adversely affect 
        the mission of the agency. Any construction carried out under 
        this section shall be fully consistent with approved land 
        management agency plans.
            (2) Rental rates.--The Secretary shall establish rental 
        rates for all quarters occupied by field employees of the 
        National Park Service that are based on the reasonable value of 
        the quarters in accordance with requirements applicable under 
        section 5911 of title 5, United States Code.
            (3) Exemption from leasing requirements.--The provisions of 
        section 5 of the Act of July 15, 1968 (82 Stat. 354, 356; 16 
        U.S.C. 460l-22), and section 321 of the Act of June 30, 1932 
        (40 U.S.C. 303b; 47 Stat. 412), shall not apply to leases 
        issued by the Secretary under this section.
    (s) Proceeds.--The proceeds from any lease under subsection 
(g)(1)(A)(i), any lease under subsection (k)(2), and any lease of 
seasonal quarters under subsection (l), shall be retained by the 
National Park Service. Such proceeds shall be deposited into the 
special fund established for maintenance and operation of quarters.
    (t) Definitions.--For purposes of this section:
            (1) The term ``field employee'' means--
                    (A) an employee of the National Park Service who is 
                exclusively assigned by the National Park Service to 
                perform duties at a field unit, and the members of 
                their family; and
                    (B) other individuals who are authorized to occupy 
                Government quarters under section 5911 of title 5, 
                United States Code, and for whom there is no feasible 
                alternative to the provision of Government housing, and 
                the members of their family.
            (3) The term ``land management agency'' means the National 
        Park Service, Department of the Interior.
            (4) The term ``primary resource values'' means resources 
        which are specifically mentioned in the enabling legislation or 
        identified in the general management plan for that field unit 
        or other resource value recognized under Federal statute.
            (5) The term ``quarters'' means quarters owned or leased by 
        the Government.
            (6) The term ``seasonal quarters'' means quarters typically 
        occupied by field employees who are hired on assignments of 6 
        months or less.

SEC. 3. MINOR BOUNDARY REVISION AUTHORITY.

    Section 7(c) of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 4601-9(c)) is amended as follows:
            (1) In the first sentence, by striking ``Committee on 
        Natural'' and inserting ``Committee on''.
            (2) By striking ``: Provided, however,'' and all that 
        follows through ``1965'' and inserting the following after the 
        first sentence: ``In all cases except the case of technical 
        boundary revisions (resulting from such causes as survey error 
        or changed road alignments), the authority of the Secretary 
        under clause (i) shall apply only if each of the following 
        conditions is met:
            ``(1) The sum of the total acreage of lands, waters, and 
        interests therein to be added to the area and the total such 
        acreage to be deleted from the area is not more than 5 percent 
        of the total Federal acreage authorized to be included in the 
        area and is less than 200 acres in size.
            ``(2) The acquisition, if any, is not a major Federal 
        action significantly affecting the quality of the human 
        environment, as determined by the Secretary.
            ``(3) The sum of the total appraised value of the lands, 
        water, and interest therein to be added to the area and the 
        total appraised value of the lands, waters, and interests 
        therein to be deleted from the area does not exceed $750,000.
            ``(4) The proposed boundary revision is not an element of a 
        more comprehensive boundary modification proposal.
            ``(5) The proposed boundary has been subject to a public 
        review and comment period.
            ``(6) The Director of the National Park Service obtains 
        written support for the boundary modification from all property 
        owners whose lands, water, or interests therein, or a portion 
        of whose lands, water, or interests therein, will be added to 
        or deleted from the area by the boundary modification. Minor 
        boundary revisions involving only deletions of acreage owned by 
        the Federal Government and administered by the National Park 
        Service may be made only by Act of Congress.''.

SEC. 4. AUTHORIZATION FOR CERTAIN PARK FACILITIES TO BE LOCATED OUTSIDE 
              OF UNITS OF THE NATIONAL PARK SYSTEM.

    Section 4 of the Act entitled ``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'' approved August 18, 1970 (16 U.S.C. 1a-1 et seq.), 
is amended to read as follows:

``SEC. 4. AUTHORIZATION FOR PARK FACILITIES OUTSIDE BOUNDARIES OF 
              SYSTEM UNITS.

    ``(a) Authority.--In order to facilitate the administration of the 
national park system, the Secretary of the Interior is authorized, 
under such terms and conditions as he may deem advisable, to establish 
essential facilities for park administration, visitor use, and park 
employee residential housing outside the boundaries, but within the 
vicinity, of units of the national park system for purposes of assuring 
conservation, visitor use, and proper management of such units. Such 
facilities, and the use thereof, shall be in conformity with approved 
plans for the unit concerned. The Secretary shall use existing 
facilities wherever feasible. Such facilities may only be constructed 
by the Secretary upon finding that location of such facilities would--
            ``(1) avoid undue degradation of the primary natural or 
        cultural resources within the unit;
            ``(2) enhance service to the public; or
            ``(3) provide a cost saving to the Federal Government.
    ``(b) Agreements, Leases, Guidelines, and Construction.--For the 
purpose of establishing facilities under subsection (a):
            ``(1) The Secretary may enter into agreements permitting 
        the Secretary to use for such purposes those Federal lands that 
        the head of a Federal agency having primary authority over the 
        administration of such land and the Secretary determine to be 
        suitable for such use.
            ``(2) The Secretary, under such terms and conditions as the 
        Secretary determines are reasonable, may, subject to the 
        appropriation of necessary funds in advance, lease or acquire 
        (from willing sellers only) by purchase or donation, real 
        property (other than Federal land), for the purposes specified 
        in this section.
            ``(3) For real property acquired pursuant to paragraph (2), 
        the Secretary shall establish written guidelines setting forth 
        criteria to be used in determining whether the acquisition 
        would--
                    ``(A) reflect unfavorably upon the ability of the 
                Department or an employee to carry out its 
                responsibilities or official duties in a fair and 
                objective manner; or
                    ``(B) compromise the integrity, or the appearance 
                of integrity, of the Department's programs or of any 
                official involved in those programs.
            ``(4) The Secretary may, subject to the appropriation of 
        necessary funds in advance, construct, operate, and maintain 
        such permanent and temporary buildings and facilities as the 
        Secretary deems appropriate on land which is in the vicinity of 
        any unit of the national park system for which the Secretary 
        has acquired authority under this section, except that the 
        Secretary may not begin construction, operation, or maintenance 
        of buildings or facilities on land not owned by the United 
        States until the owner of such lands has entered into a binding 
        agreement with the Secretary, the terms of which assure the 
        continued use of such buildings and facilities for a period of 
        time commensurate with the level of Federal investment.
    ``(c) Cooperative Agreements and Joint Ventures for Infrastructure 
Facilities.--The Secretary is authorized, subject to the appropriation 
of necessary funds in advance, to enter into cooperative agreements or 
joint ventures with local or State governmental agencies, other Federal 
agencies, Indian Tribes, and private entities either on or off the 
lands subject to the jurisdiction of the Secretary, to provide 
appropriate and necessary utility and other infrastructure facilities 
in support of park administration, visitor use, and park employee 
residential housing.''.

SEC. 5. ELIMINATION OF UNNECESSARY CONGRESSIONAL REPORTING 
              REQUIREMENTS.

    (a) Repeals.--The following provisions are hereby repealed:
            (1) Section 302(c) of the Act entitled ``An Act to 
        authorize the establishment of the Chattahoochee River National 
        Recreation Area in the State of Georgia, and for other purposes 
        (Public Law 95-344; 92 Stat. 478; 16 U.S.C. 2302(c)).
            (2) Section 503 of the Act of December 19, 1980 (Public Law 
        96-550; 94 Stat. 3228; 16 U.S.C. 410ii-2).
            (3) Subsections (b) and (c) of section 4 of the Act of 
        October 15, 1982 (Public Law 97-335; 96 Stat. 1628; 16 U.S.C. 
        341 note).
            (4) Section 7 of Public Law 89-671 (96 Stat. 1457; 16 
        U.S.C. 284f).
            (5) Section 3(c) of the National Trails System Act (Public 
        Law 90-543; 82 Stat. 919; 16 U.S.C. 1242(c)).
            (6) Section 4(b) of the Act of October 24, 1984 (Public Law 
        98-540; 98 Stat. 2720; 16 U.S.C. 1a-8).
            (7) Section 106(b) of the National Visitor Center 
        Facilities Act of 1968 (Public Law 90-264; 82 Stat. 44; 40 
        U.S.C. 805(b)).
            (8) Section 6(f)(7) of the Act of September 3, 1964 (Public 
        Law 88-578; 78 Stat. 900; 16 U.S.C. 460l-8(f)(7)).
            (9) Subsection (b) of section 8 of the Act of August 18, 
        1970 (Public Law 91-383; 90 Stat. 1940; 16 U.S.C. 1a-5(b)).
            (10) The last sentence of section 10(a)(2) of the National 
        Trails System Act (Public Law 90-543; 82 Stat. 926; 16 U.S.C. 
        1249(a)(2)).
            (11) Section 4 of the Act of October 31, 1988 (Public Law 
        100-573; 102 Stat. 2891; 16 U.S.C. 460o note).
            (12) Section 104(b) of the Act of November 19, 1988 (Public 
        Law 100-698; 102 Stat. 4621).
            (13) Section 1015(b) of the Urban Park and Recreation 
        Recovery Act of 1978 (Public Law 95-625; 92 Stat. 3544; 16 
        U.S.C. 2514(b)).
            (14) Section 105 of the Act of August 13, 1970 (Public Law 
        91-378; 16 U.S.C. 1705).
            (15) Section 307(b) of the National Historic Preservation 
        Act (Public Law 89-665; 16 U.S.C. 470w-6(b)).
    (b) Amendments.--The following provisions are amended:
            (1) Section 10 of the Archaeological Resources Protection 
        Act of 1979, by striking the last sentence of subsection (c) 
        (Public Law 96-95; 16 U.S.C. 470ii(c)).
            (2) Section 5(c) of the Act of June 27, 1960 (Public Law 
        86-523; 16 U.S.C. 469a-3(c); 74 Stat. 220), by inserting a 
        period after ``Act'' and striking ``and shall submit'' and all 
        that follows.
            (3) Section 7(a)(3) of the Act of September 3, 1964 (Public 
        Law 88-578; 78 Stat. 903; 16 U.S.C. 460l-9(a)(3)), by striking 
        the last sentence.
            (4) Section 111 of the Petroglyph National Monument 
        Establishment Act of 1990 (Public Law 101-313; 104 Stat. 278), 
        by striking out the second sentence.
            (5) Section 307(a) of the National Historic Preservation 
        Act (Public Law 89-665; 16 U.S.C. 470w-6(a)) is amended by 
        striking the first and second sentences.
            (6) Section 101(a)(1)(B) of the National Historic 
        Preservation Act (Public Law 89-665; 16 U.S.C. 470a) by 
        inserting a period after ``Register'' the last place such term 
        appears and by striking ``and submitted'' and all that follows.

SEC. 6. SENATE CONFIRMATION OF THE DIRECTOR OF THE NATIONAL PARK 
              SERVICE.

    (a) In General.--The first section of the Act entitled ``An Act to 
establish a National Park Service, and for other purposes'', approved 
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1; commonly referred to as the 
``National Park Service Organic Act''), is amended in the first 
sentence by striking ``who shall be appointed by the Secretary'' and 
all that follows and inserting ``who shall be appointed by the 
President, by and with the advice and consent of the Senate. The 
Director shall have substantial experience and demonstrated competence 
in land management and natural or cultural resource conservation. The 
Director shall select two Deputy Directors. The first Deputy Director 
shall have responsibility for National Park Service operations, and the 
second Deputy Director shall have responsibility for other programs 
assigned to the National Park Service.''.
    (b) Effective Date and Application.--The amendment made by 
subsection (a) shall take effect on February 1, 1997, and shall apply 
with respect to the individual (if any) serving as the Director of the 
National Park Service on that date.

SEC. 7. NATIONAL PARK SYSTEM ADVISORY BOARD AUTHORIZATION.

    (a) National Park System Advisory Board.--Section 3 of the Act of 
August 21, 1935 (49 Stat. 667; 16 U.S.C. 463) is amended as follows:
            (1) In subsection (a) by striking the first 3 sentences and 
        inserting in lieu thereof: ``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. 
        The Board shall advise the Director on matters submitted to the 
        Board by the Director as well as any other issues identified by 
        the Board. Members of the Board shall be appointed on a 
        staggered term basis by the Secretary for a term not to exceed 
        4 years and shall serve at the pleasure of the Secretary. The 
        Board shall be comprised of no more than 12 persons, appointed 
        from among citizens of the United States having a demonstrated 
        commitment to the mission of the National Park Service. Board 
        members shall be selected to represent various geographic 
        regions, including each of the administrative regions of the 
        National Park Service. At least 6 of the members shall have 
        outstanding expertise in 1 or more of the following fields: 
        history, archaeology, anthropology, historical or landscape 
        architecture, biology, ecology, geology, marine science, or 
        social science. At least 4 of the members shall have 
        outstanding expertise and prior experience in the management of 
        national or State parks or protected areas, or national or 
        cultural resources management. The remaining members shall have 
        outstanding expertise in 1 or more of the areas described above 
        or in another professional or scientific discipline, such as 
        financial management, recreation use management, land use 
        planning or business management, important to the mission of 
        the National Park Service. At least 1 individual shall be a 
        locally elected official from an area adjacent to a park. The 
        Board shall hold its first meeting by no later than 60 days 
        after the date on which all members of the Advisory Board who 
        are to be appointed have been appointed. Any vacancy in the 
        Board shall not affect its powers, but shall be filled in the 
        same manner in which the original appointment was made. The 
        Board may adopt such rules as may be necessary to establish its 
        procedures and to govern the manner of its operations, 
        organization, and personnel. All members of the Board shall be 
        reimbursed for travel and per diem in lieu of subsistence 
        expenses during the performance of duties of the Board while 
        away from home or their regular place of business, in 
        accordance with subchapter 1 of chapter 57 of title 5, United 
        States Code. With the exception of travel and per diem as noted 
        above, a member of the Board who is otherwise an officer or 
        employee of the United States Government shall serve on the 
        Board without additional compensation.''.
            (2) By redesignating subsections (b) and (c) as (f) and (g) 
        and by striking from the first sentence of subsection (f), as 
        so redesignated ``1995'' and inserting in lieu thereof 
        ``2006''.
            (3) By adding the following new subsections after 
        subsection (a):
    ``(b)(1) The Secretary is authorized to hire 2 full-time staffers 
to meet the needs of the Advisory Board.
    ``(2) Service of an individual as a member of the Board shall not 
be considered as service or employment bringing such individual within 
the provisions of any Federal law relating to conflicts of interest or 
otherwise imposing restrictions, requirements, or penalties in relation 
to the employment of persons, the performance of services, or the 
payment or receipt of compensation in connection with claims, 
proceedings, or matters involving the United States. Service as a 
member of the Board, or as an employee of the Board, shall not be 
considered service in an appointive or elective position in the 
Government for purposes of section 8344 of title 5, United States Code, 
or comparable provisions of Federal law.
    ``(c)(1) Upon request of the Director, the Board is authorized to--
            ``(A) hold such hearings and sit and act at such times,
            ``(B) take such testimony,
            ``(C) have such printing and binding done,
            ``(D) enter into such contracts and other arrangements,
            ``(E) make such expenditures, and
            ``(F) take such other actions,
as the Board may deem advisable. Any member of the Board may administer 
oaths or affirmations to witnesses appearing before the Board.
    ``(2) The Board may establish committees or subcommittees. Any such 
subcommittees or committees shall be chaired by a voting member of the 
Board.
    ``(d) The provisions of the Federal Advisory Committee Act shall 
apply to the Board established under this section with the exception of 
section 14(b).
    ``(e)(1) The Board is authorized to secure directly from any 
office, department, agency, establishment, or instrumentality of the 
Federal Government such information as the Board may require for the 
purpose of this section, and each such officer, department, agency, 
establishment, or instrumentality is authorized and directed to 
furnish, to the extent permitted by law, such information, suggestions, 
estimates, and statistics directly to the Board, upon request made by a 
member of the Board.
    ``(2) Upon the request of the Board, the head of any Federal 
department, agency, or instrumentality is authorized to make any of the 
facilities and services of such department, agency, or instrumentality 
to the Board, on a nonreimbursable basis, to assist the Board in 
carrying out its duties under this section.
    ``(3) The Board may use the United States mails in the same manner 
and under the same conditions as other departments and agencies in the 
United States.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Park System Advisory Board $200,000 per 
year to carry out the provisions of section 3 of the Act of August 21, 
1935 (49 Stat. 667; 16 U.S.C. 463).
    (c) Effective Date.--This section shall take effect on December 7, 
1997.

SEC. 8. CHALLENGE COST-SHARE AGREEMENT AUTHORITY.

    (a) Definitions.--For purposes of this section--
            (1) The term ``challenge cost-share agreement'' means any 
        agreement entered into between the Secretary and any cooperator 
        for the purpose of sharing costs or services in carrying out 
        authorized functions and responsibilities of the Secretary of 
        the Interior with respect to any unit or program of the 
        National Park System (as defined in section 2(a) of the Act of 
        August 8, 1953 (16 U.S.C. 1c(a))), any affiliated area, or any 
        designated National Scenic or Historic Trail.
            (2) The term ``cooperator'' means any State or local 
        government, public or private agency, organization, 
        institution, corporation, individual, or other entity.
    (b) Challenge Cost-Share Agreements.--The Secretary of the Interior 
is authorized to negotiate and enter into challenge cost-share 
agreements with cooperators.
    (c) Use of Federal Funds.--In carrying out challenge cost-share 
agreements, the Secretary of the Interior is authorized to provide the 
Federal funding share from any funds available to the National Park 
Service.

SEC. 9. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.

    Public Law 101-337 is amended as follows:
            (1) In section 1 (16 U.S.C. 19jj), by amending subsection 
        (d) to read as follows:
    ``(d) `Park system resource' means any living or non-living 
resource that is located within the boundaries of a unit of the 
National Park System, except for resources owned by a non-Federal 
entity.''.
            (2) In section 1 (16 U.S.C. 19jj) by adding at the end 
        thereof the following:
    ``(g) `Marine or aquatic park system resource' means any living or 
non-living part of a marine or aquatic regimen within or is a living 
part of a marine or aquatic regimen within the boundaries of a unit of 
the National Park System, except for resources owned by a non-Federal 
entity.''.
            (3) In section 2(b) (16 U.S.C. 19jj-1(b)), by inserting 
        ``any marine or aquatic park resource'' after ``any park system 
        resource''.

            Passed the House of Representatives September 17, 1996.

            Attest:

                                                                 Clerk.
```