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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3708 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 3708

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 14 (legislative day, July 11), 1994

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
To reform the operation, maintenance, and development of the Steamtown 
            National Historic Site, and for other purposes.

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

               TITLE I--STEAMTOWN NATIONAL HISTORIC SITE

SEC. 101. ESTABLISHMENT.

    (a) Establishment.--In order to preserve and interpret certain 
elements of railroading, especially steam-operated railroads during the 
period of 1850 to 1950, there is hereby established the Steamtown 
National Historic Site (hereinafter in this title referred to as the 
``historic site''). The purposes of the historic site shall include 
interpretation of the evolution of railroads and their impact on the 
development of this nation, including technological, economic, social, 
and political effects and the relationship of railroads to 
industrialization.
     (b) Boundaries.--The historic site shall consist of the lands and 
interests in lands within the area generally depicted on the map 
entitled ``Boundary Map, Steamtown National Historic Site'', numbered 
STTO-80,000B, and dated June, 1994. The map shall be on file and 
available for public inspection in the offices of the National Park 
Service, Department of the Interior. No revisions may be made in the 
boundary of the historic site, except by Act of Congress.
    (c) Repeal.--Sections 1 through 5 of the Steamtown National 
Historic Site Act of 1986 (Public Law 99-591; 100 Stat. 3341-248-249) 
are hereby repealed.

SEC. 102. ADMINISTRATION.

    The Secretary of the Interior (hereinafter in this title referred 
to as the ``Secretary'') shall administer the historic site in 
accordance with this title and with the provisions of law generally 
applicable to units of the national park system, including 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, 2, 3, 
and 4). On or before September 30, 1995, the Secretary shall prepare 
and submit to the Committee on Natural Resources of the United States 
House of Representatives and to the Committee on Energy and Natural 
Resources of the United States Senate a new comprehensive general 
management plan for the historic site. The plan shall be prepared with 
the assistance of nationally recognized experts in railroad management 
and history and shall be consistent with this title, with section 12 of 
the Act of August 18, 1970 (16 U.S.C. 1a-1 through 1a-7) and with other 
applicable provisions of law. The Secretary shall provide for public 
participation and comment in the development of the plan.

SEC. 103. ACQUISITION OF LAND.

    (a) In General.--The Secretary may acquire lands or interests in 
land within the boundaries of the historic site only by donation or by 
purchase with donated funds.
    (b) Contaminated Lands.--The Secretary may not acquire any lands or 
interests in lands for purposes of the historic site unless such lands 
are not contaminated with a hazardous substance or a pollutant or 
contaminant which will require removal or remedial action at the 
expense of the United States. The Secretary shall take such steps as 
are necessary to obtain cost recovery under the Comprehensive 
Environmental Compensation, Response, and Liability Act of 1980 
(Superfund) for any funds of the National Park Service expended, prior 
to the date of the enactment of this Act, on removal or remedial action 
with respect to any contamination of lands within the boundaries of 
historic site. Any such reimbursement shall be credited to 
miscellaneous receipts in the Treasury.

SEC. 104. PARK SERVICE ACTIVITIES.

    (a) In General.--The Secretary shall take such actions as necessary 
and appropriate to administer the historic site, to maintain and 
preserve the facilities at the historic site, to interpret the 
resources of the site and their history to the public, and to provide 
essential services to the public at the historic site.
    (b) Railroad Equipment.--(1) The Secretary shall preserve the 
collection of railroad equipment, including locomotives and rolling 
stock, which is present at the historic site as of the date of 
enactment of this Act. The Secretary may also preserve such equipment 
and essential machinery as is necessary for the maintenance of the 
locomotives and rolling stock. The Secretary may not purchase any 
additional locomotive for operation at the historic site if such 
purchase would result in the operation by the United States at the 
historic site of more locomotives than the number of locomotives 
operating at the site as of June 22, 1994.
    (2) No Federal funds may be expended to provide access between the 
historic site and any structure that is privately owned and operated 
for profit. The Secretary may exchange or purchase appropriate examples 
of locomotives and rolling stock to enhance the site's collection if 
the total number of such equipment does not increase and if all such 
actions are consistent with the general management plan for the 
historic site.
    (3) The Secretary shall dispose of all locomotives and rolling 
stock that are not needed for exchange under paragraph (2), that do not 
meet the criteria of the National Register of Historic Places, and that 
are not necessary for the interpretive activities of the historic site.
    (4) The Secretary shall submit a report to the Congress no later 
than February 31, 1995 containing an inventory of all locomotive and 
rolling stock at the historic site, a statement of the range of 
historic significance of the components of the collection, a statement 
of how many of each are needed to meet the purposes of the historic 
site, the restoration and repair plans and estimates of the Secretary 
for facilities and equipment at the historic site, and a detailed 
deaccession plan.
    (5) The Secretary shall, to the extent practicable, seek donations 
and assistance from volunteers and other cost-sharing methods to 
restore the locomotives and rolling stock.
    (c) Artifacts and Archival Materials.--The Secretary shall preserve 
the artifact collection and archival materials located at the site.
    (d) Excursions.--To the extent that it furthers public 
understanding, and provided that appropriate interpretation is 
provided, the Secretary may provide a regular excursion from Scranton, 
Pennsylvania, to Moscow, Pennsylvania. For purposes of such excursions, 
the Secretary may provide essential visitor services at Moscow, 
Pennsylvania. The Secretary may not expend funds of the National Park 
Service for the restoration or maintenance of tracks, bridges or 
tunnels located outside the historic site, except that the Secretary 
may use funds appropriated prior to November 15, 1991 for restoration 
of tracks and bridges between the historic site and Moscow, 
Pennsylvania, pursuant to a cooperative agreement to be entered into 
between the Secretary and the owner of such tracks and bridges 
permitting the National Park Service to use such tracks and bridges for 
excursions authorized under this section. The Secretary may pay 
customary and appropriate track usage fees and may also provide 
additional special excursions if no such excursion is longer than 60 
miles one way.
    (e) User and Interpretive Fees.--(1) User or interpretive fees 
charged for the rail excursion from the historic site to Moscow, 
Pennsylvania, or to any other location shall be established at a level 
such that a minimum of 100 percent of the costs of maintenance, 
personnel, equipment, and fees imposed on the Secretary for the 
excursion shall be recovered by the Secretary.
    (2)(A) Notwithstanding any other provision of law, the Secretary is 
authorized to impose a fee on any person using the core complex within 
the site. The amount of such fee shall not exceed a single charge of $5 
per person per day for the use of the entire core complex. No fee shall 
be imposed for the use of such complex by any person under 16 years of 
age or any person who is part of an organized school group or outing 
conducted for educational purposes by a school or other bona fide 
educational institution.
    (B) The proceeds of any fee imposed under this section shall be 
credited to a special account established for the National Park Service 
in the Treasury of the United States and shall be available, without 
further appropriation, for use by the Secretary of the Interior to 
further educational and interpretive programs at the site, including 
the cooperative agreement specified in subsection (g)(2).
    (C) As part of each annual budget submission to the Congress, the 
Secretary shall provide a report detailing the amount of fees received 
under subparagraph (A) and the expenditures under subparagraph (B) 
during the immediately preceding fiscal year. A copy of such report 
shall also be made available annually to the Committee on Natural 
Resources and the Committee on Appropriations of the United States 
House of Representatives and to the Committee on Energy and Natural 
Resources and the Committee on Appropriations of the United States 
Senate.
    (D) For purposes of this section, the term ``core complex'' means 
the two museums, the theater, the visitor center, and roundhouse.
    (f) Track and Switch Rehabilitation.--The Secretary may assist the 
owner of Bridge 60 and Bridge 60 Wye with track and switch 
rehabilitation to facilitate activities directly associated with the 
historic site. Any financial assistance for any such project shall be 
limited to a portion of the total costs of the project. The portion 
paid by the Secretary shall not exceed that fraction of the total costs 
of the project which is equal to the fraction of the total usage of 
such tracks and switches attributable to use by equipment associated 
with the historic site. Nothing in this Act or in any other provision 
of law shall authorize the Secretary to acquire either of such bridges 
or the associated tracks and switches.
    (g) Cooperative Agreements.--(1) The Secretary may enter into 
cooperative agreements with appropriate authorities for law enforcement 
and for purposes of controlling rail traffic through the historic site, 
but the Secretary may not enter into any other cooperative agreement 
relating to administration of the historic site with any entity (other 
than a department or agency of the United States) without specific 
authorization by an Act of Congress approved after the enactment of 
this Act, except as provided in paragraph (2) of this subsection.
    (2) The Secretary is authorized to enter into a cooperative 
agreement with a qualified educational institution to provide, at the 
Secretary's direction, certain visitor services and educational 
programs within the historic site and to collect the fees authorized 
under paragraph (2) of subsection (e). The Secretary shall transmit any 
cooperative agreement proposed to be entered into under this paragraph 
to the Committee on Natural Resources of the United States House of 
Representatives and to the Committee on Energy and Natural Resources of 
the United States Senate at least 60 days before such agreement is 
entered into by the Secretary.
    (h) Report on Alternatives.--(1) The Secretary shall prepare a 
report identifying any feasible and suitable alternatives for managing 
the historic site, including partnerships or direct management by the 
Commonwealth of Pennsylvania, local governments, other agencies, or 
private entities. Such report shall be submitted to the Congress not 
later than 2 years after the enactment of this Act.
    (2) In taking the action referred to in paragraph (1) the Secretary 
shall consult with other Federal land managing agencies, State and 
local officials, the national park System Advisory Board, resource 
management, recreation, and scholarly organizations, and other 
interested parties as the Secretary deems advisable. Such consultation 
shall include appropriate opportunities for public review and comment.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this title, except that no funds 
may be appropriated after the enactment of this Act for any 
construction, development, or related activities with respect to the 
site without specific authorization by an Act of Congress pursuant to a 
law enacted after the enactment of this Act. No Federal funds may be 
expended at the site for purposes other than those specified in section 
104 and in section 105(d). Not more than 5 percent of the funds 
appropriated annually for operation of the historic site may be used 
for the restoration or repair of locomotives, cars, and other rolling 
stock without specific authorization by an Act of Congress enacted 
after the enactment of this Act.

         TITLE II--DELAWARE WATER GAP NATIONAL RECREATION AREA

SEC. 201. BOUNDARIES.

    Section 2(a) of the Act of September 1, 1965 (79 Stat. 612; 16 
U.S.C. 460o-1(a)) establishing the Delaware Water Gap National 
Recreation Area is amended by striking ``as generally depicted on the 
drawing entitled `Proposed Tocks Island National Recreation Area' dated 
and numbered September 1962, NRA-TI-7100, which drawing is on file'' 
and inserting ``as generally depicted on the map entitled `Delaware 
Water Gap National Recreation Area' dated November 1991 and numbered 
DWGNRA-620/80,900A which shall be on file''.

            Passed the House of Representatives July 12, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
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