Union Calendar No. 402

103D CONGRESS

2D SESSION H. R. 4476

[Report No. 103–725

A BILL

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

SEPTEMBER 19, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 402

103D CONGRESS

2D SESSION H. R. 4476

[Report No. 103–725]

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

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

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

purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 1994

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

following bill; which was referred to the Committee on Natural Resources

SEPTEMBER 19, 1994

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To provide for the development of a plan and a management

review of the National Park System and to reform the

process by which areas are considered for addition to

the National Park System, and for other purposes.

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

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

3 Reform Act of 1994’’.

4 TITLE I—NATIONAL PARK

5 SYSTEM PLAN

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

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

8 Interior (hereinafter in this Act referred to as the ‘‘Sec9 retary’’), acting through the Director of the National Park

10 Service, shall prepare a National Park System Plan (here11 inafter in this Act referred to as the ‘‘plan’’) to guide the

12 direction of the National Park System into the next cen13 tury. The plan shall include each of the following:

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

15 in defining the mission and role of the National

16 Park Service in preserving our national natural and

17 cultural heritage, relative to other efforts at the

18 Federal, State, local, and private levels.

19 (2) Detailed criteria to be used in determining

20 which natural and cultural resources are appropriate

21 for inclusion as units of the National Park System.

22 (3) Identification of what constitutes adequate

23 representation of a particular resource type and

24 which aspects of the national heritage are adequately

25 represented in the existing National Park System or

26 in other protected areas.
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1 (4) Identification of appropriate aspects of the

2 national heritage not currently represented in the

3 National Park System.

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

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

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

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

11 industrial America, preservation of nonphysical cul12 tural resources, and provision of outdoor recreation

13 opportunities.

14 (7) A statement of what areas constitute units

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

17 areas within the system.

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

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

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

24 advisable. These consultations shall also include appro25 priate opportunities for public review and comment.
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1 (c) TRANSMITTAL TO CONGRESS.—Prior to the end

2 of the third complete fiscal year commencing after the

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

4 the plan developed under this section to the Committee

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

7 Resources of the United States Senate.

8 SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK SYS9 TEM.

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

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

13 determine whether there are more appropriate alternatives

14 for managing specific units or portions of units within the

15 system, including partnerships or direct management by

16 States, local governments, other agencies and the private

17 sector. The Secretary shall develop a report which contains

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

20 terminated.

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

22 Secretary shall consider such factors as duplication within

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

25 lack of significance, lack of management feasibility, cost,
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1 lack of visitor accessibility, modifications that change the

2 character of the resource, lack of collaboration to protect

3 resources, suitability for management by another agency,

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

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

7 Park Service management is recommended, the Secretary

8 shall make recommendations regarding management by an

9 entity or entities other than the National Park Service.

10 For any area determined to have national significance,

11 prior to including such area on the list under paragraph

12 (1) the Secretary shall identify feasible alternatives to Na13 tional Park Service management which will protect the re14 sources thereof and assure continued public access there15 to.

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

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

18 Federal land managing agencies, State and local officials,

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

21 interested parties as the Secretary deems advisable. These

22 consultations shall also include appropriate opportunities

23 for public review and comment.

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

25 year after the Secretary completes the plan referred to in
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1 section 101 of this Act, the Secretary shall transmit the

2 report developed under this section simultaneously to the

3 Natural Resources Committee of the United States House

4 of Representatives and the Committee on Energy and

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

7 concerning modifications or termination of National Park

8 Service management for any areas within the National

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

11 National Park Service.

12 SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION.

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

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

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

18 determine whether there are more appropriate alternatives

19 for managing specific units or portions thereof. Within one

20 year after the date of its establishment, the Commission

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

23 the Committee on Energy and Natural Resources of the

24 United States Senate a report containing a list of National

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

4 listed areas, the Commission shall suggest alternative

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

7 national significance, prior to including such area on the

8 list the Commission shall identify feasible alternatives to

9 National Park Service management which will protect the

10 resources of the area and assure continued public access

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

12 consult with other Federal land managing agencies, State

13 and local officials, the National Park System Advisory

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

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

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

20 have substantial familiarity with, and understanding of,

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

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

24 members shall be appointed by the Speaker of the United

25 States House of Representatives and two shall be ap-
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1 pointed by the President Pro Tem of the United States

2 Senate. Each member shall be appointed within 3 months

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

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

6 among its members.

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

9 members of the Commission to carry out the functions of

10 the Commission. Any vacancy in the Commission shall be

11 promptly filled in the same manner in which the original

12 appointment was made.

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

14 members shall constitute a quorum.

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

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

17 the members of the Commission.

18 (g) COMPENSATION.—Members of the Commission

19 shall serve without compensation as such. Members of the

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

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

23 employed intermittently in government service under sec24 tion 5703 of title 5, United States Code.
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1 (h) TERMINATION.—The Commission established

2 pursuant to this section shall terminate 90 days after the

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

5 (i) LIMITATION ON NATIONAL PARK SERVICE

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

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

8 professional staff of the Commission shall be made up of

9 current employees of the National Park Service.

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

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

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

13 such agency to the Commission to assist the Commission.

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

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

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

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

19 Commission to be advisable.

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

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

23 take such testimony, and receive such evidence as the

24 Commission deems advisable.
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1 (2) The Commission may make such bylaws, rules,

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

3 necessary to carry out its functions under this title.

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

6 the Commission is authorized to take by this section.

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

8 in the same manner and upon the same conditions as

9 other departments and agencies of the United States.

10 (5) The Secretary shall provide to the Commission

11 any information available to the Secretary and requested

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

15 and available to the Secretary.

16 TITLE II—NEW AREA

17 ESTABLISHMENT

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

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

20 Act to improve the Administration of the National Park

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

22 authorities applicable to the system, and for other pur23 poses’’ (16 U.S.C. 1a–1 and following) is amended as fol24 lows:
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1 (1) By inserting ‘‘GENERAL AUTHORITY.—’’

2 after ‘‘(a)’’.

3 (2) By striking the second through the sixth

4 sentences of subsection (a).

5 (3) By redesignating the last sentence of sub6 section (a) as subsection (e) and inserting in such

7 sentence before the words ‘‘For the purposes of car8 rying’’ the following: ‘‘(e) AUTHORIZATION OF AP9 PROPRIATIONS.—’’.

10 (4) By striking subsection (b).

11 (5) By inserting the following after subsection

12 (a):

13 ‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDI14 TION.—(1) At the beginning of each calendar year, along

15 with the annual budget submission, the Secretary shall

16 submit to the Committee on Natural Resources of the

17 House of Representatives and to the Committee on En18 ergy and Natural Resources of the United States Senate

19 a list of areas recommended for study for potential inclu20 sion in the National Park System.

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

22 subsection, the Secretary shall give consideration to those

23 areas that have the greatest potential to meet the estab24 lished criteria of national significance, suitability, and fea25 sibility. The Secretary shall give special consideration to
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1 themes, sites, and resources not already adequately rep2 resented in the National Park System as identified in the

3 National Park System Plan to be developed under section

4 101 of the National Park System Reform Act of 1994.

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

6 National Park System may be initiated after the date of

7 enactment of this section, except as provided by specific

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

9 shall limit the authority of the National Park Service to

10 conduct preliminary resource assessments, gather data on

11 potential study areas, provide technical and planning as12 sistance, prepare or process nominations for administra13 tive designations, update previous studies, or complete re14 connaissance surveys of individual areas requiring a total

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

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

17 study of any river segment for potential addition to the

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

19 to affect or alter the study of any trail for potential addi20 tion to the national trails system.

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

22 study for each area for potential inclusion into the Na23 tional Park System within 3 complete fiscal years follow24 ing the date of enactment of specific legislation providing

25 for the study of such area. Each study under this section
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1 shall be prepared with appropriate opportunity for public

2 involvement, including at least one public meeting in the

3 vicinity of the area under study, and reasonable efforts

4 to notify potentially affected landowners and State and

5 local governments. In conducting the study, the Secretary

6 shall consider whether the area under study—

7 ‘‘(1) possesses nationally significant natural or

8 cultural resources, or outstanding recreational op9 portunities, and that it represents one of the most

10 important examples of a particular resource type in

11 the country; and

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

13 system.

14 Each study shall consider the following factors with regard

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

16 resources, the threats to those resources, whether similar

17 resources are already protected in the National Park Sys18 tem or in other Federal, state or private ownership, the

19 public use potential, the interpretive and educational po20 tential, costs associated with acquisition, development and

21 operation, the socioeconomic impacts of any designation,

22 the level of local and general public support and whether

23 the unit is of appropriate configuration to ensure long

24 term resource protection and visitor use. Each such study

25 shall also consider whether direct National Park Service
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1 management or alternative protection by other agencies or

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

3 study shall identify what alternative or combination of al4 ternatives would in the professional judgment of the Di5 rector of the National Park Service, be most effective and

6 efficient in protecting significant resources and providing

7 for public enjoyment. The letter transmitting each com8 pleted study to Congress shall contain a recommendation

9 regarding the Administration’s preferred management op10 tion for the area.

11 ‘‘(d) LIST OF AREAS.—At the beginning of each cal12 endar year, along with the annual budget submission, the

13 Secretary shall submit to the Committee on Natural Re14 sources of the House of Representatives and to the Com15 mittee on Energy and Natural Resources of the United

16 States Senate a list of areas which have been previously

17 studied which contain primarily cultural or historical re18 sources and a list of areas which have been previously

19 studied which contain primarily natural resources in nu20 merical order of priority for addition to the National Park

21 System. In developing the list, the Secretary should con22 sider threats to resource values, cost escalation factors and

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