IIA

103D CONGRESS

2D SESSION H. R. 4476

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994

Received

OCTOBER 8 (legislative day, SEPTEMBER 12), 1994

Read twice and referred to the Committee on Energy and Natural Resources

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 ‘‘Sec-
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1 retary’’), acting through the Director of the National Park

2 Service, shall prepare a National Park System Plan (here3 inafter in this Act referred to as the ‘‘plan’’) to guide the

4 direction of the National Park System into the next cen5 tury. The plan shall include each of the following:

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

7 in defining the mission and role of the National

8 Park Service in preserving our national natural and

9 cultural heritage, relative to other efforts at the

10 Federal, State, local, and private levels.

11 (2) Detailed criteria to be used in determining

12 which natural and cultural resources are appropriate

13 for inclusion as units of the National Park System.

14 (3) Identification of what constitutes adequate

15 representation of a particular resource type and

16 which aspects of the national heritage are adequately

17 represented in the existing National Park System or

18 in other protected areas.

19 (4) Identification of appropriate aspects of the

20 national heritage not currently represented in the

21 National Park System.

22 (5) Priorities of the themes and types of re23 sources which should be added to the National Park

24 System in order to provide more complete represen25 tation of our Nation’s heritage.
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1 (6) A statement of the role of the National

2 Park Service with respect to such topics as preserva3 tion of natural areas and ecosystems, preservation of

4 industrial America, preservation of nonphysical cul5 tural resources, and provision of outdoor recreation

6 opportunities.

7 (7) A statement of what areas constitute units

8 of the National Park System and the distinction be9 tween units of the system, affiliated areas, and other

10 areas within the system.

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

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

13 other Federal land managing agencies, State and local of14 ficials, the National Park System Advisory Board, re15 source management, recreation and scholarly organiza16 tions and other interested parties as the Secretary deems

17 advisable. These consultations shall also include appro18 priate opportunities for public review and comment.

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

20 of the third complete fiscal year commencing after the

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

22 the plan developed under this section to the Committee

23 on Natural Resources of the United States House of Rep24 resentatives and the Committee on Energy and Natural

25 Resources of the United States Senate.
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1 SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK SYS2 TEM.

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

4 Plan prepared pursuant to section 101 as a guide, the Sec5 retary shall review the existing National Park System to

6 determine whether there are more appropriate alternatives

7 for managing specific units or portions of units within the

8 system, including partnerships or direct management by

9 States, local governments, other agencies and the private

10 sector. The Secretary shall develop a report which contains

11 a list of areas within the National Park System where Na12 tional Park Service management should be modified or

13 terminated.

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

15 Secretary shall consider such factors as duplication within

16 the National Park System, better representation of a par17 ticular resource type under management of another entity,

18 lack of significance, lack of management feasibility, cost,

19 lack of visitor accessibility, modifications that change the

20 character of the resource, lack of collaboration to protect

21 resources, suitability for management by another agency,

22 and the compatibility of the resource with the present mis23 sion and role of the National Park Service.

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

25 Park Service management is recommended, the Secretary

26 shall make recommendations regarding management by an
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1 entity or entities other than the National Park Service.

2 For any area determined to have national significance,

3 prior to including such area on the list under paragraph

4 (1) the Secretary shall identify feasible alternatives to Na5 tional Park Service management which will protect the re6 sources thereof and assure continued public access there7 to.

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

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

10 Federal land managing agencies, State and local officials,

11 the National Park System Advisory Board, resource man12 agement, recreation and scholarly organizations and other

13 interested parties as the Secretary deems advisable. These

14 consultations shall also include appropriate opportunities

15 for public review and comment.

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

17 year after the Secretary completes the plan referred to in

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

19 report developed under this section simultaneously to the

20 Natural Resources Committee of the United States House

21 of Representatives and the Committee on Energy and

22 Natural Resources of the United States Senate. The re23 port shall contain the recommendations of the Secretary

24 concerning modifications or termination of National Park

25 Service management for any areas within the National
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1 Park System and the recommendations regarding alter2 native management by an entity or entities other than the

3 National Park Service.

4 SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION.

5 (a) ESTABLISHMENT OF COMMISSION.—If the Sec6 retary fails to transmit the report developed under section

7 102 within the 1-year period specified in section 102, a

8 National Park System Review Commission shall be estab9 lished to review existing National Park System units to

10 determine whether there are more appropriate alternatives

11 for managing specific units or portions thereof. Within one

12 year after the date of its establishment, the Commission

13 shall prepare and transmit to the Natural Resources Com14 mittee of the United States House of Representatives and

15 the Committee on Energy and Natural Resources of the

16 United States Senate a report containing a list of National

17 Park System units or portions thereof where National

18 Park Service management should be modified or termi19 nated. In developing the list, the Commission shall con20 sider the factors referred to in section 102(a)(2). For any

21 listed areas, the Commission shall suggest alternative

22 management by an entity or entities other than the Na23 tional Park Service, and for any area determined to have

24 national significance, prior to including such area on the

25 list the Commission shall identify feasible alternatives to
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1 National Park Service management which will protect the

2 resources of the area and assure continued public access

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

4 consult with other Federal land managing agencies, State

5 and local officials, the National Park System Advisory

6 Board, resource management, recreation and scholarly or7 ganizations and other interested parties as the Secretary

8 deems advisable. These consultations shall also include ap9 propriate opportunities for public review and comment.

10 (b) MEMBERSHIP AND APPOINTMENT.—The Com11 mission shall consist of 7 members each of whom shall

12 have substantial familiarity with, and understanding of,

13 the National Park System. Three members of the Com14 mission, one of whom shall be the Director of the National

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

16 members shall be appointed by the Speaker of the United

17 States House of Representatives and two shall be ap18 pointed by the President Pro Tem of the United States

19 Senate. Each member shall be appointed within 3 months

20 after the expiration of the 1-year period specified in sec21 tion 102(c).

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

23 among its members.

24 (d) VACANCIES.—Vacancies occurring on the Com25 mission shall not affect the authority of the remaining
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1 members of the Commission to carry out the functions of

2 the Commission. Any vacancy in the Commission shall be

3 promptly filled in the same manner in which the original

4 appointment was made.

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

6 members shall constitute a quorum.

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

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

9 the members of the Commission.

10 (g) COMPENSATION.—Members of the Commission

11 shall serve without compensation as such. Members of the

12 Commission, when engaged in official Commission busi13 ness, shall be entitled to travel expenses, including per

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

15 employed intermittently in government service under sec16 tion 5703 of title 5, United States Code.

17 (h) TERMINATION.—The Commission established

18 pursuant to this section shall terminate 90 days after the

19 transmittal of the report to Congress as provided in sub20 section (a).

21 (i) LIMITATION ON NATIONAL PARK SERVICE

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

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

24 professional staff of the Commission shall be made up of

25 current employees of the National Park Service.
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1 (j) STAFF OF OTHER AGENCIES.—Upon the request

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

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

4 such agency to the Commission to assist the Commission.

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

6 rules as may be adopted by the Commission, the Commis7 sion may procure temporary and intermittent services to

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

9 5, United States Code, but at rates determined by the

10 Commission to be advisable.

11 (l) POWERS OF THE COMMISSION.—(1) The Commis12 sion shall for the purpose of carrying out this title hold

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

14 take such testimony, and receive such evidence as the

15 Commission deems advisable.

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

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

18 necessary to carry out its functions under this title.

19 (3) When so authorized by the Commission any mem20 ber or agent of the Commission may take any action which

21 the Commission is authorized to take by this section.

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

23 in the same manner and upon the same conditions as

24 other departments and agencies of the United States.
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1 (5) The Secretary shall provide to the Commission

2 any information available to the Secretary and requested

3 by the Commission regarding the plan referred to in sec4 tion 101 and any other information requested by the Com5 mission which is relevant to the duties of the Commission

6 and available to the Secretary.

7 TITLE II—NEW AREA

8 ESTABLISHMENT

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

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

11 Act to improve the administration of the national park

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

13 authorities applicable to the system, and for other pur14 poses’’ (16 U.S.C. 1a–1 and following) is amended as fol15 lows:

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

17 after ‘‘(a)’’.

18 (2) By striking the second through the seventh

19 sentences of subsection (a).

20 (3) By redesignating the last sentence of sub21 section (a) as subsection (e) and inserting in such

22 sentence before the words ‘‘For the purposes of car23 rying’’ the following: ‘‘(e) AUTHORIZATION OF AP24 PROPRIATIONS.—’’.

25 (4) By striking subsection (b).
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1 (5) By inserting the following after subsection

2 (a):

3 ‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDI4 TION.—(1) At the beginning of each calendar year, along

5 with the annual budget submission, the Secretary shall

6 submit to the Committee on Natural Resources of the

7 House of Representatives and to the Committee on En8 ergy and Natural Resources of the United States Senate

9 a list of areas recommended for study for potential inclu10 sion in the National Park System.

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

12 subsection, the Secretary shall give consideration to those

13 areas that have the greatest potential to meet the estab14 lished criteria of national significance, suitability, and fea15 sibility. The Secretary shall give special consideration to

16 themes, sites, and resources not already adequately rep17 resented in the National Park System as identified in the

18 National Park System Plan to be developed under section

19 101 of the National Park System Reform Act of 1994.

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

21 National Park System may be initiated after the date of

22 enactment of this section, except as provided by specific

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

24 shall limit the authority of the National Park Service to

25 conduct preliminary resource assessments, gather data on
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1 potential study areas, provide technical and planning as2 sistance, prepare or process nominations for administra3 tive designations, update previous studies, or complete re4 connaissance surveys of individual areas requiring a total

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

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

7 study of any river segment for potential addition to the

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

9 to affect or alter the study of any trail for potential addi10 tion to the national trails system.

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

12 study for each area for potential inclusion into the Na13 tional Park System within 3 complete fiscal years follow14 ing the date of enactment of specific legislation providing

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

16 shall be prepared with appropriate opportunity for public

17 involvement, including at least one public meeting in the

18 vicinity of the area under study, and reasonable efforts

19 to notify potentially affected landowners and State and

20 local governments. In conducting the study, the Secretary

21 shall consider whether the area under study—

22 ‘‘(1) possesses nationally significant natural or

23 cultural resources, or outstanding recreational op24 portunities, and that it represents one of the most
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1 important examples of a particular resource type in

2 the country; and

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

4 system.

5 Each study shall consider the following factors with regard

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

7 resources, the threats to those resources, whether similar

8 resources are already protected in the National Park Sys9 tem or in other Federal, state or private ownership, the

10 public use potential, the interpretive and educational po11 tential, costs associated with acquisition, development and

12 operation, the socioeconomic impacts of any designation,

13 the level of local and general public support and whether

14 the unit is of appropriate configuration to ensure long

15 term resource protection and visitor use. Each such study

16 shall also consider whether direct National Park Service

17 management or alternative protection by other agencies or

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

19 study shall identify what alternative or combination of al20 ternatives would in the professional judgment of the Di21 rector of the National Park Service, be most effective and

22 efficient in protecting significant resources and providing

23 for public enjoyment. The letter transmitting each com24 pleted study to Congress shall contain a recommendation
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1 regarding the Administration’s preferred management op2 tion for the area.

3 ‘‘(d) LIST OF AREAS.—At the beginning of each cal4 endar year, along with the annual budget submission, the

5 Secretary shall submit to the Committee on Natural Re6 sources of the House of Representatives and to the Com7 mittee on Energy and Natural Resources of the United

8 States Senate a list of areas which have been previously

9 studied which contain primarily cultural or historical re10 sources and a list of areas which have been previously

11 studied which contain primarily natural resources in nu12 merical order of priority for addition to the National Park

13 System. In developing the list, the Secretary should con14 sider threats to resource values, cost escalation factors and

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

Passed the House of Representatives September 28,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.