103D CONGRESS

2D SESSION H. R. 4476

AN ACT

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 1994’’.

6 TITLE I—NATIONAL PARK

7 SYSTEM PLAN

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

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

10 Interior (hereinafter in this Act referred to as the ‘‘Sec11 retary’’), acting through the Director of the National Park

12 Service, shall prepare a National Park System Plan (here13 inafter in this Act referred to as the ‘‘plan’’) to guide the

14 direction of the National Park System into the next cen15 tury. The plan shall include each of the following:
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1 (1) A statement of goals and objectives for use

2 in defining the mission and role of the National

3 Park Service in preserving our national natural and

4 cultural heritage, relative to other efforts at the

5 Federal, State, local, and private levels.

6 (2) Detailed criteria to be used in determining

7 which natural and cultural resources are appropriate

8 for inclusion as units of the National Park System.

9 (3) Identification of what constitutes adequate

10 representation of a particular resource type and

11 which aspects of the national heritage are adequately

12 represented in the existing National Park System or

13 in other protected areas.

14 (4) Identification of appropriate aspects of the

15 national heritage not currently represented in the

16 National Park System.

17 (5) Priorities of the themes and types of re18 sources which should be added to the National Park

19 System in order to provide more complete represen20 tation of our Nation’s heritage.

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

22 Park Service with respect to such topics as preserva23 tion of natural areas and ecosystems, preservation of

24 industrial America, preservation of nonphysical cul-
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1 tural resources, and provision of outdoor recreation

2 opportunities.

3 (7) A statement of what areas constitute units

4 of the National Park System and the distinction be5 tween units of the system, affiliated areas, and other

6 areas within the system.

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

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

9 other Federal land managing agencies, State and local of10 ficials, the National Park System Advisory Board, re11 source management, recreation and scholarly organiza12 tions and other interested parties as the Secretary deems

13 advisable. These consultations shall also include appro14 priate opportunities for public review and comment.

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

16 of the third complete fiscal year commencing after the

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

18 the plan developed under this section to the Committee

19 on Natural Resources of the United States House of Rep20 resentatives and the Committee on Energy and Natural

21 Resources of the United States Senate.

22 SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK

23 SYSTEM.

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

25 Plan prepared pursuant to section 101 as a guide, the Sec-
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1 retary shall review the existing National Park System to

2 determine whether there are more appropriate alternatives

3 for managing specific units or portions of units within the

4 system, including partnerships or direct management by

5 States, local governments, other agencies and the private

6 sector. The Secretary shall develop a report which contains

7 a list of areas within the National Park System where Na8 tional Park Service management should be modified or

9 terminated.

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

11 Secretary shall consider such factors as duplication within

12 the National Park System, better representation of a par13 ticular resource type under management of another entity,

14 lack of significance, lack of management feasibility, cost,

15 lack of visitor accessibility, modifications that change the

16 character of the resource, lack of collaboration to protect

17 resources, suitability for management by another agency,

18 and the compatibility of the resource with the present mis19 sion and role of the National Park Service.

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

21 Park Service management is recommended, the Secretary

22 shall make recommendations regarding management by an

23 entity or entities other than the National Park Service.

24 For any area determined to have national significance,

25 prior to including such area on the list under paragraph
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1 (1) the Secretary shall identify feasible alternatives to Na2 tional Park Service management which will protect the re3 sources thereof and assure continued public access

4 thereto.

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

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

7 Federal land managing agencies, State and local officials,

8 the National Park System Advisory Board, resource man9 agement, recreation and scholarly organizations and other

10 interested parties as the Secretary deems advisable. These

11 consultations shall also include appropriate opportunities

12 for public review and comment.

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

14 year after the Secretary completes the plan referred to in

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

16 report developed under this section simultaneously to the

17 Natural Resources Committee of the United States House

18 of Representatives and the Committee on Energy and

19 Natural Resources of the United States Senate. The re20 port shall contain the recommendations of the Secretary

21 concerning modifications or termination of National Park

22 Service management for any areas within the National

23 Park System and the recommendations regarding alter24 native management by an entity or entities other than the

25 National Park Service.
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1 SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION.

2 (a) ESTABLISHMENT OF COMMISSION.—If the Sec3 retary fails to transmit the report developed under section

4 102 within the 1-year period specified in section 102, a

5 National Park System Review Commission shall be estab6 lished to review existing National Park System units to

7 determine whether there are more appropriate alternatives

8 for managing specific units or portions thereof. Within one

9 year after the date of its establishment, the Commission

10 shall prepare and transmit to the Natural Resources Com11 mittee of the United States House of Representatives and

12 the Committee on Energy and Natural Resources of the

13 United States Senate a report containing a list of National

14 Park System units or portions thereof where National

15 Park Service management should be modified or termi16 nated. In developing the list, the Commission shall con17 sider the factors referred to in section 102(a)(2). For any

18 listed areas, the Commission shall suggest alternative

19 management by an entity or entities other than the Na20 tional Park Service, and for any area determined to have

21 national significance, prior to including such area on the

22 list the Commission shall identify feasible alternatives to

23 National Park Service management which will protect the

24 resources of the area and assure continued public access

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

26 consult with other Federal land managing agencies, State
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1 and local officials, the National Park System Advisory

2 Board, resource management, recreation and scholarly or3 ganizations and other interested parties as the Secretary

4 deems advisable. These consultations shall also include ap5 propriate opportunities for public review and comment.

6 (b) MEMBERSHIP AND APPOINTMENT.—The Com7 mission shall consist of 7 members each of whom shall

8 have substantial familiarity with, and understanding of,

9 the National Park System. Three members of the Com10 mission, one of whom shall be the Director of the National

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

12 members shall be appointed by the Speaker of the United

13 States House of Representatives and two shall be ap14 pointed by the President Pro Tem of the United States

15 Senate. Each member shall be appointed within 3 months

16 after the expiration of the 1-year period specified in sec17 tion 102(c).

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

19 among its members.

20 (d) VACANCIES.—Vacancies occurring on the Com21 mission shall not affect the authority of the remaining

22 members of the Commission to carry out the functions of

23 the Commission. Any vacancy in the Commission shall be

24 promptly filled in the same manner in which the original

25 appointment was made.
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1 (e) QUORUM.—A simple majority of Commission

2 members shall constitute a quorum.

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

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

5 the members of the Commission.

6 (g) COMPENSATION.—Members of the Commission

7 shall serve without compensation as such. Members of the

8 Commission, when engaged in official Commission busi9 ness, shall be entitled to travel expenses, including per

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

11 employed intermittently in government service under sec12 tion 5703 of title 5, United States Code.

13 (h) TERMINATION.—The Commission established

14 pursuant to this section shall terminate 90 days after the

15 transmittal of the report to Congress as provided in sub16 section (a).

17 (i) LIMITATION ON NATIONAL PARK SERVICE

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

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

20 professional staff of the Commission shall be made up of

21 current employees of the National Park Service.

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

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

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

25 such agency to the Commission to assist the Commission.
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1 (k) EXPERTS AND CONSULTANTS.—Subject to such

2 rules as may be adopted by the Commission, the Commis3 sion may procure temporary and intermittent services to

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

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

6 Commission to be advisable.

7 (l) POWERS OF THE COMMISSION.—(1) The Commis8 sion shall for the purpose of carrying out this title hold

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

10 take such testimony, and receive such evidence as the

11 Commission deems advisable.

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

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

14 necessary to carry out its functions under this title.

15 (3) When so authorized by the Commission any mem16 ber or agent of the Commission may take any action which

17 the Commission is authorized to take by this section.

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

19 in the same manner and upon the same conditions as

20 other departments and agencies of the United States.

21 (5) The Secretary shall provide to the Commission

22 any information available to the Secretary and requested

23 by the Commission regarding the plan referred to in sec24 tion 101 and any other information requested by the Com-
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1 mission which is relevant to the duties of the Commission

2 and available to the Secretary.

3 TITLE II—NEW AREA

4 ESTABLISHMENT

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

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

7 Act to improve the administration of the national park

8 system by the Secretary of the Interior, and to clarify the

9 authorities applicable to the system, and for other pur10 poses’’ (16 U.S.C. 1a–1 and following) is amended as

11 follows:

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

13 after ‘‘(a)’’.

14 (2) By striking the second through the seventh

15 sentences of subsection (a).

16 (3) By redesignating the last sentence of sub17 section (a) as subsection (e) and inserting in such

18 sentence before the words ‘‘For the purposes of car19 rying’’ the following: ‘‘(e) AUTHORIZATION OF

20 APPROPRIATIONS.—’’.

21 (4) By striking subsection (b).

22 (5) By inserting the following after subsection

23 (a):

24 ‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDI25 TION.—(1) At the beginning of each calendar year, along
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1 with the annual budget submission, the Secretary shall

2 submit to the Committee on Natural Resources of the

3 House of Representatives and to the Committee on En4 ergy and Natural Resources of the United States Senate

5 a list of areas recommended for study for potential inclu6 sion in the National Park System.

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

8 subsection, the Secretary shall give consideration to those

9 areas that have the greatest potential to meet the estab10 lished criteria of national significance, suitability, and fea11 sibility. The Secretary shall give special consideration to

12 themes, sites, and resources not already adequately rep13 resented in the National Park System as identified in the

14 National Park System Plan to be developed under section

15 101 of the National Park System Reform Act of 1994.

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

17 National Park System may be initiated after the date of

18 enactment of this section, except as provided by specific

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

20 shall limit the authority of the National Park Service to

21 conduct preliminary resource assessments, gather data on

22 potential study areas, provide technical and planning as23 sistance, prepare or process nominations for administra24 tive designations, update previous studies, or complete re25 connaissance surveys of individual areas requiring a total
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1 expenditure of less than $25,000. Nothing in this section

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

3 study of any river segment for potential addition to the

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

5 to affect or alter the study of any trail for potential addi6 tion to the national trails system.

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

8 study for each area for potential inclusion into the Na9 tional Park System within 3 complete fiscal years follow10 ing the date of enactment of specific legislation providing

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

12 shall be prepared with appropriate opportunity for public

13 involvement, including at least one public meeting in the

14 vicinity of the area under study, and reasonable efforts

15 to notify potentially affected landowners and State and

16 local governments. In conducting the study, the Secretary

17 shall consider whether the area under study—

18 ‘‘(1) possesses nationally significant natural or

19 cultural resources, or outstanding recreational op20 portunities, and that it represents one of the most

21 important examples of a particular resource type in

22 the country; and

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

24 system.
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1 Each study shall consider the following factors with regard

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

3 resources, the threats to those resources, whether similar

4 resources are already protected in the National Park Sys5 tem or in other Federal, state or private ownership, the

6 public use potential, the interpretive and educational po7 tential, costs associated with acquisition, development and

8 operation, the socioeconomic impacts of any designation,

9 the level of local and general public support and whether

10 the unit is of appropriate configuration to ensure long

11 term resource protection and visitor use. Each such study

12 shall also consider whether direct National Park Service

13 management or alternative protection by other agencies or

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

15 study shall identify what alternative or combination of al16 ternatives would in the professional judgment of the Di17 rector of the National Park Service, be most effective and

18 efficient in protecting significant resources and providing

19 for public enjoyment. The letter transmitting each com20 pleted study to Congress shall contain a recommendation

21 regarding the Administration’s preferred management op22 tion for the area.

23 ‘‘(d) LIST OF AREAS.—At the beginning of each cal24 endar year, along with the annual budget submission, the

25 Secretary shall submit to the Committee on Natural Re-
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1 sources of the House of Representatives and to the Com2 mittee on Energy and Natural Resources of the United

3 States Senate a list of areas which have been previously

4 studied which contain primarily cultural or historical re5 sources and a list of areas which have been previously

6 studied which contain primarily natural resources in nu7 merical order of priority for addition to the National Park

8 System. In developing the list, the Secretary should con9 sider threats to resource values, cost escalation factors and

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

Passed the House of Representatives September 28,

1994.

Attest:

Clerk.

103D CONGRESS

2D SESSION H. R. 4476

AN ACT

To provide for the development of a plan and a

tem, and for other purposes.considered for addition to the National Park Sysand to reform the process by which areas aremanagement review of the National Park System