99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–389

MAKING TECHNICAL CORRECTIONS TO LAWS PASSED BY 

THE 106TH CONGRESS RELATED TO PARKS AND PUBLIC 

LANDS, AND FOR OTHER PURPOSES

APRIL 9, 2002.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HANSEN, from the Committee on Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 3853] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 3853) to make technical corrections to laws passed by the 

106th Congress related to parks and public lands, and for other 

purposes, having considered the same, report favorably thereon 

with an amendment and recommend that the bill as amended do 

pass.

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. LACKAWANNA VALLEY HERITAGE AREA. 

Section 106(a) of the Lackawanna Valley National Heritage Area Act of 2000 

(Public Law 106–278; 114 Stat. 816; 16 U.S.C. 461 note) is amended to read as follows: 

‘‘(a) AUTHORITIES OF MANAGEMENT ENTITY.—For purposes of preparing and implementing the management plan, the management entity may—

‘‘(1) make grants to, and enter into cooperative agreements with, the State 

and political subdivisions of the State, private organizations, or any person; and 

‘‘(2) hire and compensate staff.’’. 

SEC. 2. HAWAIIAN SPELLING ERRORS. 

Section 5 of the Act entitled ‘‘An Act to add certain lands on the island of Hawaii 

to the Hawaii National Park, and for other purposes’’, as added by Public Law 99–

564 (100 Stat. 3179; 16 U.S.C. 392c) is amended by striking ‘‘Hawaii Volcanoes’’ 

each place it appears and inserting ‘‘Hawai’i Volcanoes’’. 

2

SEC. 3. ‘‘I HAVE A DREAM’’ PLAQUE AT LINCOLN MEMORIAL. 

Section 2 of Public Law 106–365 (114 Stat. 1409) is amended by striking ‘‘and expand contributions’’ and inserting ‘‘and expend contributions’’. 

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

(a) WILD AND SCENIC RIVERS.—Section 3(a) of the Wild and Scenic Rivers Act (16 

U.S.C. 1274(a)) is amended— (1) by redesignating paragraph (162), pertaining to White Clay Creek, Delaware and Pennsylvania, as paragraph (163); 

(2) by designating the second paragraph (161), pertaining to the Wekiva 

River, Wekiwa Springs Run, Rock Springs Run, and Black Water Creek, Florida, as paragraph (162); 

(3) by designating the undesignated paragraph pertaining to the Wildhorse 

and Kiger Creeks, Oregon, as paragraph (164); and 

(4) by redesignating the third paragraph (161), pertaining to the Lower Delaware River and associated tributaries, New Jersey and Pennsylvania, as paragraph (165) and by moving the margins of such paragraph 2 ems to the left. 

(b) NATIONAL TRAILS.—Section 5(a) of the National Trails System Act (16 U.S.C. 

1244(a)) is amended— (1) by redesignating the second paragraph (21), pertaining to the Ala Kahakai 

National Historic Trail, and enacted by Public Law 106–509 as paragraph (22); 

and 

(2) by moving the margins of paragraphs (21) and (22) 2 ems to the left. 

SEC. 5. JAMESTOWN 400TH COMMEMORATION COMMISSION. 

The Jamestown 400th Commemoration Commission Act of 2000 (Public Law 106– 565; 114 Stat. 2812; 16 U.S.C. 81 note) is amended— (1) in section 2(a)(5), by striking ‘‘State’’; 

(2) in sections 2(b), 3(3), and 4(h), by striking ‘‘State’’ and inserting ‘‘Commonwealth’’ each place it appears; 

(3) in section 3, by striking paragraph (5) and inserting the following: 

‘‘(5) COMMONWEALTH.—The term ‘Commonwealth’ means the Commonwealth 

of Virginia, including agencies and entities of the Commonwealth.’’; and 

(4) in section 4(b)(1), by striking ‘‘16’’ and inserting ‘‘15’’. 

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

The Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (Public Law 106–352; 114 Stat. 1371; 16 U.S.C. 410ggg et seq.) 

is amended—

(1) in section 2(b), by striking ‘‘numbered 963/80000’’ and inserting ‘‘numbered 

963/80,000’’; 

(2) in section 3(b)(1), by striking ‘‘the World War II Child Development Centers, the World War II worker housing, the Kaiser-Permanente Field Hospital, 

and Fire Station 67A,’’ and inserting ‘‘the Child Development Field Centers 

(Ruth C. Powers) (Maritime), Atchison Housing, the Kaiser-Permanente Field 

Hospital, and Richmond Fire Station 67A,’’; and 

(3) in section 3(e)(2), by striking ‘‘the World War II day care centers, the 

World War II worker housing, the Kaiser-Permanente Field Hospital, and Fire 

Station 67,’’ and inserting ‘‘the Child Development Field Centers (Ruth C. Powers) (Maritime), Atchison Housing, the Kaiser-Permanente Field Hospital, and 

Richmond Fire Station 67A,’’. 

SEC. 7. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS. 

The Vicksburg Campaign Trail Battlefields Preservation Act of 2000 (Public Law 

106–487; 114 Stat. 2202) is amended—

(1) in section 2(a)(1), by striking ‘‘and Tennessee’’ and inserting ‘‘Tennessee, 

and Kentucky’’; 

(2) in section 3(1), by striking ‘‘and Tennessee,’’ and inserting ‘‘Tennessee, and 

Kentucky,’’; and 

(3) in section 3(2)—

(A) by striking ‘‘and’’ at the end of subparagraph (R); 

(B) by redesignating subparagraph (S) as subparagraph (T); and 

(C) by inserting a new subparagraph (S) as follows: 

‘‘(S) Fort Heiman in Calloway County, Kentucky, and resources in and 

around Columbus in Hickman County, Kentucky; and’’. 

SEC. 8. HARRIET TUBMAN SPECIAL RESOURCE STUDY. 

Section 3(c) of the Harriet Tubman Special Resource Study Act (Public Law 106–

516; 114 Stat. 2405) is amended by striking ‘‘Public Law 91–383’’ and all that follows through ‘‘3501)’’ and inserting ‘‘the National Park System General Authorities 

Act (16 U.S.C. 1a–5)’’. 

3

SEC. 9. PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS. 

Employees of the foundations established by Acts of Congress to solicit private 

sector funds on behalf of Federal land management agencies shall qualify for General Service Administration contract airfares. 

SEC. 10. PERSONAL WATERCRAFT TIME EXTENSION. 

The grace period described in the final rule issued on March 21, 2000 (65 Fed. 

Reg. 15,077 (2000)), regarding personal watercraft use within certain units of the 

National Park System, is extended until December 31, 2004, for all 21 of the park 

areas specifically identified in the rule. 

SEC. 11. POPULAR NAMES. 

(a) NATIONAL PARK SERVICE ORGANIC ACT.—The Act of August 25, 1916 (16 

U.S.C. 1 et seq.; popularly known as the ‘‘National Park Service Organic Act’’) is 

amended by adding at the end the following new section: 

‘‘SEC. 5. This Act may be cited as the ‘National Park Service Organic Act’.’’. 

(b) NATIONAL PARK SYSTEM GENERAL AUTHORITIES ACT.—Public Law 91–383 (16 

U.S.C. 1a–1 et seq.; popularly known as the ‘‘National Park System General Authorities Act’’) is amended by adding at the end the following new section: 

‘‘SEC. 14. This Act may be cited as the ‘National Park System General Authorities 

Act’.’’. 

SEC. 12. PARK POLICE INDEMNIFICATION. 

Section 2(b) of the Act of November 6, 2000, (Public Law 106–437; 114 Stat.1921) 

is amended by striking ‘‘the Act’’ and inserting ‘‘of the Act’’.

PURPOSE OF THE BILL

The purpose of H.R. 3853 is to make technical corrections to laws 

passed by the 106th Congress related to parks and public lands, 

and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

On a regular basis, the National Park Service (NPS) will submit 

to the National Parks, Recreation, and Public Lands Subcommittee 

a list of technical changes necessary to correct bills that have recently become law. H.R. 3853 reflects technical changes requested 

by the Administration for bills approved during the 106th Congress 

as well as a request to extend the General Services Administration 

contract airfares to employees of foundations established by Congress to solicit private sector funds on behalf of federal land managers. In addition, the bill extends the grace period for continued 

personal watercraft (PWC) use in certain parks of the National 

Park System for up to two years to allow the NPS to complete 21 

Environmental Assessments to determine if PWC use should continue. 

COMMITTEE ACTION

H.R. 3853 was introduced on March 5, 2002, by Congressman 

George Radanovich (R–CA). The bill was referred to the Committee 

on Resources, and within the Committee to the Subcommittee on 

National Parks, Recreation, and Public Lands. On March 7, 2002, 

the Subcommittee met to mark up the bill. Congressman Rush Holt 

(D–NJ) offered an amendment to strike section 10 (relating to 

PWCs) from the bill. It was not adopted by a rollcall vote of 7 to 

10 as follows:

4


Insert offset folio 5 here HR389.001
5

The bill was then ordered favorably reported to the Full Committee by voice vote. 

On March 20, 2002, the Full Resources Committee met to consider the bill. Congressman Radanovich offered an amendment in 

the nature of a substitute that corrected two drafting errors in the 

original text and added a new section requested by the Administration on NPS police indemnification. Congressman Wayne Gilchrest 

(R–MD) offered and withdrew an amendment which reduced the 

grace period for PWCs to one year. Congressman Rush Holt offered 

an amendment to the Radanovich amendment to strike section 10 

(relating to PWCs) from the bill. The Holt amendment was not 

adopted by a rollcall vote of 18 to 24 as follows:

6


Insert offset folio 7 here HR389.002
7

The Radanovich amendment in the nature of a substitute was 

adopted by voice vote. The bill, as amended, was then ordered favorably reported to the House of Representatives by voice vote. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office:

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, April 1, 2002. 

Hon. JAMES V. HANSEN, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3853, a bill to make technical corrections to laws passed by the 106th Congress related to 

parks and public lands. 

If you wish further details on this estimate, we will pleased to 

provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure. 

8

H.R. 3853—A bill to make technical corrections to laws passed by 

the 106th Congress related to parks and public lands 

CBO estimates that enacting H.R. 3853 would have no significant impact on the federal budget. The bill would not affect direct 

spending or receipts; therefore, pay-as-you-go procedures would not 

apply. H.R. 3853 contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would have no significant impact on the budgets of state, local, or 

tribal governments. 

H.R. 3853 would amend several laws related to national parks 

and public lands. Most of these amendments would correct spelling 

and punctuation errors or make other nonsubstantive changes in 

the original laws. One provision would delay until December 31, 

2004, the implementation of a ban on the use of personal 

watercraft in certain national parks. Under current law, unless 

special regulations are issued to allow those parks to allow continued use of personal watercraft, the ban would start to take effect 

in April 2002. Based on information from the Department of the Interior, CBO estimates that none of the bill’s provisions would significantly affect federal spending. 

The CBO staff contact for this estimate is Megan Carroll. This 

estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 106 OF THE LACKAWANNA VALLEY NATIONAL 

HERITAGE AREA ACT OF 2000

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

ø(a) AUTHORITIES OF MANAGEMENT ENTITY.—The management 

entity may, for the purposes of preparing and implementing the 

management plan, use funds made available under this title to hire 

and compensate staff.¿

(a) AUTHORITIES OF MANAGEMENT ENTITY.—For purposes of preparing and implementing the management plan, the management 

entity may—

(1) make grants to, and enter into cooperative agreements 

with, the State and political subdivisions of the State, private 

organizations, or any person; and 

9

(2) hire and compensate staff.

* * * * * * *

SECTION 5 OF THE ACT OF JUNE 20, 1938

AN ACT To add certain lands on the island of Hawaii to the Hawaii National Park, 

and for other purposes 

SEC. 5. (a) Notwithstanding any other provision of this Act, the 

Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’) 

is authorized to acquire by donation or exchange the land and interests therein comprising approximately 5,650 acres and identified 

as tract number 118/22 on the map entitles ‘‘Recommended Land 

Acquisition’’, in the øHawaii Volcanoes¿ Hawai’i Volcanoes National Park Land Protection Plan as recommended May 17, 1985, 

which plan shall be on file and available for public inspection in 

the Office of the Director, National Park Service, Department of Interior, Washington, D.C. and the Office of the Superintended, øHawaii Volcanoes¿ Hawai’i Volcanoes National Park, Hawaii. 

* * * * * * *

(e) The real property acquired by the Secretary pursuant to this 

section shall be administered by the Secretary as part of øHawaii 

Volcanoes¿ Hawai’i Volcanoes National Park, subject to the laws 

and regulations applicable to the Park. 

* * * * * * *

SECTION 2 OF THE ACT OF OCTOBER 27, 2000

(Public Law 106–365) 

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

Dream’’ speech 

SEC. 2. ACCEPTANCE OF CONTRIBUTIONS. 

The Secretary of the Interior is authorized to accept øand expand 

contributions¿ and expend contributions toward the cost of preparing and installing the plaque, without further appropriation. 

Federal funds may be used to design, procure, or install the plaque. 

WILD AND SCENIC RIVERS ACT 

* * * * * * *

SEC. 3. (a) The following rivers and the land adjacent thereto are 

hereby designated as components of the national wild and scenic 

rivers system: 

(1) * * *

* * * * * * *

ø(161)¿ (162) WEKIVA RIVER, WEKIWA SPRINGS RUN, ROCK

SPRINGS RUN, AND BLACK WATER CREEK, FLORIDA.—The 41.6-mile 

segments referred to in this paragraph, to be administered by the 

Secretary of the Interior: 

(A) * * *

* * * * * * *

10

ø(162)¿ (163) WHITE CLAY CREEK, DELAWARE AND PENNSYL- VANIA.—The 190 miles of river segments of White Clay Creek (including tributaries of White Clay Creek and all second order tributaries of the designated segments) in the States of Delaware and 

Pennsylvania, as depicted on the recommended designation and 

classification maps (dated June 2000), to be administered by the 

Secretary of the Interior, as follows: 

(A) * * *

* * * * * * *

ø( )¿ (164) WILDHORSE AND KIGER CREEKS, OREGON.—The following segments in the Steens Mountain Cooperative Management 

and Protection Area in the State of Oregon, to be administered by 

the Secretary of the Interior as wild rivers: 

(A) * * *

* * * * * * *

ø(161)¿ (165) LOWER DELAWARE RIVER AND ASSOCIATED TRIBUTARIES, NEW JERSEY AND PENNSYLVANIA.—(A) The 65.6 miles 

of river segments in New Jersey and Pennsylvania, consisting 

of—

(i) * * *

* * * * * * *

SECTION 5 OF THE NATIONAL TRAILS SYSTEM ACT 

* * * * * * *

NATIONAL SCENIC AND NATIONAL HISTORICAL TRAILS

SEC. 5. (a) National scenic and national historic trails shall be 

authorized and designated only by Act of Congress. There are hereby established the following National Scenic and National Historic 

Trails: 

(1) * * *

* * * * * * *

(21) EL CAMINO REAL DE TIERRA ADENTRO.—

(A) El Camino Real de Tierra Adentro (the Royal Road 

of the Interior) National Historic Trail, a 404 mile long 

trail from the Rio Grande near El Paso, Texas to San Juan 

Pueblo, New Mexico, as generally depicted on the maps entitled ‘‘United States Route: El Camino Real de Tierra 

Adentro’’, contained in the report prepared pursuant to 

subsection (b) entitled ‘‘National Historic Trail Feasibility 

Study and Environmental Assessment: El Camino Real de 

Tierra Adentro, Texas-New Mexico’’, dated March 1997. 

* * * * * * *

ø(21)¿ (22) ALA KAHAKAI NATIONAL HISTORIC TRAIL.—

(A) IN GENERAL.—The Ala Kahakai National Historic 

Trail (the Trail by the Sea), a 175 mile long trail extending 

from ’Upolu Point on the north tip of Hawaii Island down 

the west coast of the Island around Ka Lae to the east 

boundary of Hawaii Volcanoes National Park at the ancient shoreline temple known as ‘‘Waha’ula’’, as generally 

depicted on the map entitled ‘‘Ala Kahakai Trail’’, conVerDate Jan 17 2002 03:53 Apr 11, 2002 Jkt 099006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\HR389.XXX pfrm03 PsN: HR389
11

tained in the report prepared pursuant to subsection (b) 

entitled ‘‘Ala Kahakai National Trail Study and Environmental Impact Statement’’, dated January 1998. 

* * * * * * *

JAMESTOWN 400TH COMMEMORATION COMMISSION 

ACT OF 2000

* * * * * * *

SEC. 2. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress finds that—

(1) * * *

* * * * * * *

(5) in 1996—

(A) the Commonwealth of Virginia designated the 

Jamestown-Yorktown Foundation as the øState¿ agency 

responsible for planning and implementing the Commonwealth’s portion of the commemoration of the 400th anniversary of the founding of the Jamestown settlement; 

* * * * * * *

(b) PURPOSE.—The purpose of this Act is to establish the Jamestown 400th Commemoration Commission to—

(1) ensure a suitable national observance of the Jamestown 

2007 anniversary by complementing the programs and activities of the øState¿ Commonwealth of Virginia; 

(2) cooperate with and assist the programs and activities of 

the øState¿ Commonwealth in observance of the Jamestown 

2007 anniversary; 

* * * * * * *

SEC. 3. DEFINITIONS. 

In this Act: 

(1) * * *

* * * * * * *

(3) GOVERNOR.—The term ‘‘Governor’’ means the Governor of 

the øState¿ Commonwealth. 

* * * * * * *

ø(5) STATE.—

ø(A) IN GENERAL.—The term ‘‘State’’ means the State of 

Virginia. 

ø(B) INCLUSIONS.—The term ‘‘State’’ includes agencies 

and entities of the State.¿

(5) COMMONWEALTH.—The term ‘‘Commonwealth’’ means the 

Commonwealth of Virginia, including agencies and entities of 

the Commonwealth.

SEC. 4. JAMESTOWN 400TH COMMEMORATION COMMISSION. 

(a) * * *

(b) MEMBERSHIP.—

(1) IN GENERAL.—The Commission shall be composed of ø16¿

15 members, of whom—

12

(A) * * *

* * * * * * *

(h) NO EFFECT ON AUTHORITY.—Nothing in this section supersedes the authority of the øState¿ Commonwealth, the National 

Park Service, or the Association for the Preservation of Virginia 

Antiquities, concerning the commemoration. 

* * * * * * *

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

2000

* * * * * * *

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

HISTORICAL PARK. 

(a) * * *

(b) AREAS INCLUDED.—The boundaries of the park shall be those 

generally depicted on the map entitled ‘‘Proposed Boundary Map, 

Rosie the Riveter/World War II Home Front National Historical 

Park’’ ønumbered 963/80000¿ numbered 963/80,000 and dated May 

2000. The map shall be on file and available for public inspection 

in the appropriate offices of the National Park Service. 

* * * * * * *

SEC. 3. ADMINISTRATION OF THE NATIONAL HISTORICAL PARK. 

(a) * * *

(b) COOPERATIVE AGREEMENTS.—

(1) GENERAL AGREEMENTS.—The Secretary may enter into cooperative agreements with the owners of øthe World War II 

Child Development Centers, the World War II worker housing, 

the Kaiser-Permanente Field Hospital, and Fire Station 67A,¿

the Child Development Field Centers (Ruth C. Powers) (Maritime), Atchison Housing, the Kaiser-Permanente Field Hospital, 

and Richmond Fire Station 67A, pursuant to which the Secretary may mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of such properties. Such agreements shall contain, but 

need not be limited to, provisions under which the Secretary 

shall have the right of access at reasonable times to public portions of the property for interpretive and other purposes, and 

that no changes or alterations shall be made in the property 

except by mutual agreement. 

* * * * * * *

(e) ACQUISITION.—

(1) * * *

(2) OTHER FACILITIES.—The Secretary may acquire, from 

willing sellers, lands or interests in øthe World War II day 

care centers, the World War II worker housing, the KaiserPermanente Field Hospital, and Fire Station 67,¿ the Child Development Field Centers (Ruth C. Powers) (Maritime), Atchison 

Housing, the Kaiser-Permanente Field Hospital, and Richmond 

Fire Station 67A, through donation, purchase with donated or 

13

appropriated funds, transfer from any other Federal agency, or 

exchange. 

* * * * * * *

VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS 

PRESERVATION ACT OF 2000

* * * * * * *

SEC. 2. FINDINGS AND PURPOSES. 

(a) FINDINGS.—Congress finds that—

(1) there are situated along the Vicksburg Campaign Trail in 

the States of Mississippi, Louisiana, Arkansas, øand Tennessee¿ Tennessee, and Kentucky the sites of several key Civil 

War battles; 

* * * * * * *

SEC. 3. DEFINITIONS. 

In this Act: 

(1) CAMPAIGN TRAIL STATE.—The term ‘‘Campaign Trail 

State’’ means each of the States of Mississippi, Louisiana, Arkansas, øand Tennessee,¿ Tennessee, and Kentucky, including 

political subdivisions of those States. 

(2) CIVIL WAR BATTLEFIELD.—The term ‘‘Civil War battlefield’’ includes the following sites (including related structures 

adjacent to or thereon)—

(A) * * *

* * * * * * *

(R) the site of the start of Greirson’s Raid and other related sites, LaGrange, Tennessee; øand¿

(S) Fort Heiman in Calloway County, Kentucky, and resources in and around Columbus in Hickman County, Kentucky; and

ø(S)¿ (T) any other sites considered appropriate by the 

Secretary. 

* * * * * * *

SECTION 3 OF THE HARRIET TUBMAN SPECIAL 

RESOURCE STUDY ACT 

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

(a) * * *

* * * * * * *

(c) STUDY GUIDELINES.—In conducting the study authorized by 

this Act, the Secretary shall use the criteria for the study of areas 

for potential inclusion in the National Park System contained in 

section 8 of øPublic Law 91–383, as amended by section 303 of the 

National Park Omnibus Management Act (P.L. 105–391; 112 Stat. 

14

3501)¿ the National Park System General Authorities Act (16 

U.S.C. 1a–5). 

* * * * * * *

SECTION 5 OF THE ACT OF AUGUST 25, 1916

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

SEC. 5. This Act may be cited as the ‘‘National Park Service Organic Act’’.

SECTION 14 OF THE ACT OF AUGUST 18, 1970

(Public Law 91–383) 

AN ACT To improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and 

for other purposes

SEC. 14. This Act may be cited as the ‘‘National Park System General Authorities Act’’.

SECTION 2 OF THE ACT OF NOVEMBER 6, 2000

AN ACT To permit the payment of medical expenses incurred by the United States 

Park Police in the performance of duty to be made directly by the National Park 

Service, to allow for waiver and indemnification in mutual law enforcement agreements between the National Park Service and a State or political subdivision 

when required by State law, and for other purposes 

SEC. 2. INDEMNIFICATION. 

(a) * * *

(b) TECHNICAL AMENDMENT.—Paragraph (5) of section 10(c) øthe 

Act¿ of the Act of August 18, 1970 (Public Law 91–383; 16 U.S.C. 

1a–6(c)) (as redesignated by subsection (a)(2)), is further amended—

(1) by striking ‘‘(5) the’’ and inserting ‘‘The’’; and 

(2) by moving the text flush and 2 ems to the left.

(15)

DISSENTING VIEWS 

We oppose H.R. 3853. While eleven of the bill’s twelve sections 

are noncontroversial, and therefore legitimate, technical corrections 

to existing statutes, section ten would overturn a federal court 

order governing the use of personal watercraft (PWCs) in our national parks. The inclusion of this section in an alleged ‘‘technical’’

corrections bill, without a single public hearing, is an abuse of the 

legislative process and, if enacted, would constitute an abuse of the 

judicial process. As a result, we urge our colleagues to join us in 

opposing this measure. 

The first sign that section ten should not be included among a 

collection of simple technical corrections is the complicated and divisive history of the issue with which it deals. While we will not 

relate the details here (see: Stipulated Settlement Agreement, 

Memorandum and Order, Blue Water Network, et al. v. Robert 

Stanton, et al., 00CV02093 (GK), United States District Court for 

the District of Columbia, April 11, 2001), the salient fact is that 

National Park Service (NPS) policy regarding the use of PWCs in 

the National Park system is no longer dictated by agency regulations. Rather, the current policy is the result of a federal court 

order ratifying a consent decree entered into by the National Park 

Service in order to settle litigation. 

That litigation followed more than ten years of heated public policy debate and agency study of the resource impacts of personal 

watercraft. The judicial decision regarding PWCs in the National 

Parks considered the basic meaning of the National Park Service 

Organic Act and the fundamental mission of the National Park 

Service. Congressional involvement in such a critical policy determination should be measured, judicious and public. A provision 

simply resolving the issue in favor of the PWC industry, buried in 

a supposedly ‘‘technical’’ corrections bill, without public hearings, 

fails on every count. 

Should the Congress approve H.R. 3853, the result would be an 

abuse of the judicial process, as well. Congressional action to effectively overturn an existing federal court order and consent decree 

is highly unusual. In this instance, Congress would be taking such 

action for the benefit of an industry lobbying organization, the Personal WaterCraft Industry Association (PWIA), which was not a 

party to the litigation and to the detriment of the plaintiff in the 

suit, Blue Water Network. Neither the PWIA nor NPS, also known 

as the defendant in this case, have approached the Court seeking 

to alter the terms of the existing order. Rather, they have pursued 

a legislated ‘‘Get Out of Your Consent Decree Free’’ card. 

On the merits, the principal justification given for such Congressional intervention is unconvincing. Under the original NPS rule 

and the existing federal court order, PWC use is banned in all 

units of the National Park System. However, twenty-one units 

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where PWC use was most prevalent have been granted a two-year 

grace period, during which such use may continue. Further, the 

order creates a special rule-making process whereby, should the 

National Park Service elect to do so, PWC use may be permanently 

authorized in any of those twenty-one units. 

The Majority argues that this legislation is necessary because 

the NPS will not complete the special rule-making within the grace 

period, meaning that the ban will take full effect for some period 

of time. They claim that such an outcome is contrary to the Court’s 

intent and is a possibility only because the previous Administration 

failed to request adequate funding to complete the rule-making 

process during the grace period. 

However, the alleged requirement that any special rule-making 

undertaken by the NPS be completed within the grace period is 

never mentioned in the original NPS rule, the Court’s discussion of 

this case, nor in any of its rulings. Given that the initiation of a 

rule making to allow permanent PWC use in any of the twenty-one 

units is optional, it is certainly not the case that the work must be 

completed by a date certain. That the Federal District Court intended such a requirement, but neglected to include it in the order, 

strains credulity. Furthermore, the current Administration took office in January of 2001 but waited more than nine months before 

requesting additional funding for this rule-making process. Responsibility for any funding shortfalls lies squarely with the current Administration. 

Once these flimsy justifications are dispensed with, the real purpose of this legislation becomes evident. Passage of this measure is 

more than a simple case of altering a date to allow an agency to 

complete its work. Rather, the PWC industry is seeking legislation 

to provide them a benefit not included in the consent decree: uninterrupted PWC access in these twenty-one areas. H.R. 3853 proposes to grant the industry this benefit despite the fact that to do 

so vandalizes an existing court order, undermines a legitimate 

plaintiff without judicial process and awards the PWC industry a 

victory in a decade-old public policy dispute. 

All this without a single public hearing. H.R. 3853 should be defeated. 

DONNA M. CHRISTENSEN. RUSH HOLT.

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