IIA

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.

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 TITLE I—STEAMTOWN NATIONAL

2 HISTORIC SITE

3 SEC. 101. ESTABLISHMENT.

4 (a) ESTABLISHMENT.—In order to preserve and in5 terpret certain elements of railroading, especially steam6 operated railroads during the period of 1850 to 1950,

7 there is hereby established the Steamtown National His8 toric Site (hereinafter in this title referred to as the ‘‘his9 toric site’’). The purposes of the historic site shall include

10 interpretation of the evolution of railroads and their im11 pact on the development of this nation, including techno12 logical, economic, social, and political effects and the rela13 tionship of railroads to industrialization.

14 (b) BOUNDARIES.—The historic site shall consist of

15 the lands and interests in lands within the area generally

16 depicted on the map entitled ‘‘Boundary Map, Steamtown

17 National Historic Site’’, numbered STTO-80,000B, and

18 dated June, 1994. The map shall be on file and available

19 for public inspection in the offices of the National Park

20 Service, Department of the Interior. No revisions may be

21 made in the boundary of the historic site, except by Act

22 of Congress.

23 (c) REPEAL.—Sections 1 through 5 of the Steamtown

24 National Historic Site Act of 1986 (Public Law 99–591;

25 100 Stat. 3341–248–249) are hereby repealed.
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1 SEC. 102. ADMINISTRATION.

2 The Secretary of the Interior (hereinafter in this title

3 referred to as the ‘‘Secretary’’) shall administer the his4 toric site in accordance with this title and with the provi5 sions of law generally applicable to units of the national

6 park system, including the Act entitled ‘‘An Act to estab7 lish a National Park Service, and for other purposes’’, ap8 proved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2,

9 3, and 4). On or before September 30, 1995, the Secretary

10 shall prepare and submit to the Committee on Natural Re11 sources of the United States House of Representatives and

12 to the Committee on Energy and Natural Resources of

13 the United States Senate a new comprehensive general

14 management plan for the historic site. The plan shall be

15 prepared with the assistance of nationally recognized ex16 perts in railroad management and history and shall be

17 consistent with this title, with section 12 of the Act of

18 August 18, 1970 (16 U.S.C. 1a–1 through 1a–7) and with

19 other applicable provisions of law. The Secretary shall pro20 vide for public participation and comment in the develop21 ment of the plan.

22 SEC. 103. ACQUISITION OF LAND.

23 (a) IN GENERAL.—The Secretary may acquire lands

24 or interests in land within the boundaries of the historic

25 site only by donation or by purchase with donated funds.
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1 (b) CONTAMINATED LANDS.—The Secretary may not

2 acquire any lands or interests in lands for purposes of the

3 historic site unless such lands are not contaminated with

4 a hazardous substance or a pollutant or contaminant

5 which will require removal or remedial action at the ex6 pense of the United States. The Secretary shall take such

7 steps as are necessary to obtain cost recovery under the

8 Comprehensive Environmental Compensation, Response,

9 and Liability Act of 1980 (Superfund) for any funds of

10 the National Park Service expended, prior to the date of

11 the enactment of this Act, on removal or remedial action

12 with respect to any contamination of lands within the

13 boundaries of historic site. Any such reimbursement shall

14 be credited to miscellaneous receipts in the Treasury.

15 SEC. 104. PARK SERVICE ACTIVITIES.

16 (a) IN GENERAL.—The Secretary shall take such ac17 tions as necessary and appropriate to administer the his18 toric site, to maintain and preserve the facilities at the

19 historic site, to interpret the resources of the site and their

20 history to the public, and to provide essential services to

21 the public at the historic site.

22 (b) RAILROAD EQUIPMENT.—(1) The Secretary shall

23 preserve the collection of railroad equipment, including lo24 comotives and rolling stock, which is present at the his25 toric site as of the date of enactment of this Act. The
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1 Secretary may also preserve such equipment and essential

2 machinery as is necessary for the maintenance of the loco3 motives and rolling stock. The Secretary may not purchase

4 any additional locomotive for operation at the historic site

5 if such purchase would result in the operation by the

6 United States at the historic site of more locomotives than

7 the number of locomotives operating at the site as of June

8 22, 1994.

9 (2) No Federal funds may be expended to provide ac10 cess between the historic site and any structure that is

11 privately owned and operated for profit. The Secretary

12 may exchange or purchase appropriate examples of loco13 motives and rolling stock to enhance the site’s collection

14 if the total number of such equipment does not increase

15 and if all such actions are consistent with the general

16 management plan for the historic site.

17 (3) The Secretary shall dispose of all locomotives and

18 rolling stock that are not needed for exchange under para19 graph (2), that do not meet the criteria of the National

20 Register of Historic Places, and that are not necessary

21 for the interpretive activities of the historic site.

22 (4) The Secretary shall submit a report to the Con23 gress no later than February 31, 1995 containing an in24 ventory of all locomotive and rolling stock at the historic

25 site, a statement of the range of historic significance of
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1 the components of the collection, a statement of how many

2 of each are needed to meet the purposes of the historic

3 site, the restoration and repair plans and estimates of the

4 Secretary for facilities and equipment at the historic site,

5 and a detailed deaccession plan.

6 (5) The Secretary shall, to the extent practicable,

7 seek donations and assistance from volunteers and other

8 cost-sharing methods to restore the locomotives and roll9 ing stock.

10 (c) ARTIFACTS AND ARCHIVAL MATERIALS.—The

11 Secretary shall preserve the artifact collection and archival

12 materials located at the site.

13 (d) EXCURSIONS.—To the extent that it furthers

14 public understanding, and provided that appropriate inter15 pretation is provided, the Secretary may provide a regular

16 excursion from Scranton, Pennsylvania, to Moscow, Penn17 sylvania. For purposes of such excursions, the Secretary

18 may provide essential visitor services at Moscow, Penn19 sylvania. The Secretary may not expend funds of the Na20 tional Park Service for the restoration or maintenance of

21 tracks, bridges or tunnels located outside the historic site,

22 except that the Secretary may use funds appropriated

23 prior to November 15, 1991 for restoration of tracks and

24 bridges between the historic site and Moscow, Pennsylva25 nia, pursuant to a cooperative agreement to be entered
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1 into between the Secretary and the owner of such tracks

2 and bridges permitting the National Park Service to use

3 such tracks and bridges for excursions authorized under

4 this section. The Secretary may pay customary and appro5 priate track usage fees and may also provide additional

6 special excursions if no such excursion is longer than 60

7 miles one way.

8 (e) USER AND INTERPRETIVE FEES.—(1) User or in9 terpretive fees charged for the rail excursion from the his10 toric site to Moscow, Pennsylvania, or to any other loca11 tion shall be established at a level such that a minimum

12 of 100 percent of the costs of maintenance, personnel,

13 equipment, and fees imposed on the Secretary for the ex14 cursion shall be recovered by the Secretary.

15 (2)(A) Notwithstanding any other provision of law,

16 the Secretary is authorized to impose a fee on any person

17 using the core complex within the site. The amount of

18 such fee shall not exceed a single charge of $5 per person

19 per day for the use of the entire core complex. No fee

20 shall be imposed for the use of such complex by any person

21 under 16 years of age or any person who is part of an

22 organized school group or outing conducted for edu23 cational purposes by a school or other bona fide edu24 cational institution.
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1 (B) The proceeds of any fee imposed under this sec2 tion shall be credited to a special account established for

3 the National Park Service in the Treasury of the United

4 States and shall be available, without further appropria5 tion, for use by the Secretary of the Interior to further

6 educational and interpretive programs at the site, includ7 ing the cooperative agreement specified in subsection

8 (g)(2).

9 (C) As part of each annual budget submission to the

10 Congress, the Secretary shall provide a report detailing

11 the amount of fees received under subparagraph (A) and

12 the expenditures under subparagraph (B) during the im13 mediately preceding fiscal year. A copy of such report shall

14 also be made available annually to the Committee on Nat15 ural Resources and the Committee on Appropriations of

16 the United States House of Representatives and to the

17 Committee on Energy and Natural Resources and the

18 Committee on Appropriations of the United States Senate.

19 (D) For purposes of this section, the term ‘‘core com20 plex’’ means the two museums, the theater, the visitor cen21 ter, and roundhouse.

22 (f) TRACK AND SWITCH REHABILITATION.—The Sec23 retary may assist the owner of Bridge 60 and Bridge 60

24 Wye with track and switch rehabilitation to facilitate ac25 tivities directly associated with the historic site. Any finan-
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1 cial assistance for any such project shall be limited to a

2 portion of the total costs of the project. The portion paid

3 by the Secretary shall not exceed that fraction of the total

4 costs of the project which is equal to the fraction of the

5 total usage of such tracks and switches attributable to use

6 by equipment associated with the historic site. Nothing in

7 this Act or in any other provision of law shall authorize

8 the Secretary to acquire either of such bridges or the asso9 ciated tracks and switches.

10 (g) COOPERATIVE AGREEMENTS.—(1) The Secretary

11 may enter into cooperative agreements with appropriate

12 authorities for law enforcement and for purposes of con13 trolling rail traffic through the historic site, but the Sec14 retary may not enter into any other cooperative agreement

15 relating to administration of the historic site with any en16 tity (other than a department or agency of the United

17 States) without specific authorization by an Act of Con18 gress approved after the enactment of this Act, except as

19 provided in paragraph (2) of this subsection.

20 (2) The Secretary is authorized to enter into a coop21 erative agreement with a qualified educational institution

22 to provide, at the Secretary’s direction, certain visitor

23 services and educational programs within the historic site

24 and to collect the fees authorized under paragraph (2) of

25 subsection (e). The Secretary shall transmit any coopera-
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1 tive agreement proposed to be entered into under this

2 paragraph to the Committee on Natural Resources of the

3 United States House of Representatives and to the Com4 mittee on Energy and Natural Resources of the United

5 States Senate at least 60 days before such agreement is

6 entered into by the Secretary.

7 (h) REPORT ON ALTERNATIVES.—(1) The Secretary

8 shall prepare a report identifying any feasible and suitable

9 alternatives for managing the historic site, including part10 nerships or direct management by the Commonwealth of

11 Pennsylvania, local governments, other agencies, or pri12 vate entities. Such report shall be submitted to the Con13 gress not later than 2 years after the enactment of this

14 Act.

15 (2) In taking the action referred to in paragraph (1)

16 the Secretary shall consult with other Federal land man17 aging agencies, State and local officials, the national park

18 System Advisory Board, resource management, recreation,

19 and scholarly organizations, and other interested parties

20 as the Secretary deems advisable. Such consultation shall

21 include appropriate opportunities for public review and

22 comment.

23 SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

24 There are hereby authorized to be appropriated such

25 sums as may be necessary to carry out the purposes of
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1 this title, except that no funds may be appropriated after

2 the enactment of this Act for any construction, develop3 ment, or related activities with respect to the site without

4 specific authorization by an Act of Congress pursuant to

5 a law enacted after the enactment of this Act. No Federal

6 funds may be expended at the site for purposes other than

7 those specified in section 104 and in section 105(d). Not

8 more than 5 percent of the funds appropriated annually

9 for operation of the historic site may be used for the res10 toration or repair of locomotives, cars, and other rolling

11 stock without specific authorization by an Act of Congress

12 enacted after the enactment of this Act.

13 TITLE II—DELAWARE WATER

14 GAP NATIONAL RECREATION

15 AREA

16 SEC. 201. BOUNDARIES.

17 Section 2(a) of the Act of September 1, 1965 (79

18 Stat. 612; 16 U.S.C. 460o–1(a)) establishing the Dela19 ware Water Gap National Recreation Area is amended by

20 striking ‘‘as generally depicted on the drawing entitled

21 ‘Proposed Tocks Island National Recreation Area’ dated

22 and numbered September 1962, NRA–TI–7100, which

23 drawing is on file’’ and inserting ‘‘as generally depicted

24 on the map entitled ‘Delaware Water Gap National Recre-
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1 ation Area’ dated November 1991 and numbered

2 DWGNRA–620/80,900A which shall be on file’’.

Passed the House of Representatives July 12, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.