I

103D CONGRESS

1ST SESSION H. R. 1508

To provide for the reformation of the National Park System, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 29, 1993

Mr. HEFLEY (for himself, Mr. GALLEGLY, Mr. YOUNG of Alaska, and Mr.

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

A BILL

To provide for the reformation of 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 Reformation Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the National Park Service was created in

9 1916 and is charged by Congress to provide for pro10 tection and management of nationally significant
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1 natural, cultural, and recreational resources

2 throughout the country;

3 (2) the National Park System has now ex4 panded to incorporate over 360 diverse units and is

5 continuing to expand;

6 (3) in the 75 years since the National Park

7 System was established, certain units have been

8 added to the System which have resulted in perma9 nent financial commitments on behalf of the Federal

10 Government for areas which lack national signifi11 cance, suitability, or feasibility and diverting funds

12 from deserving units of the National Park System;

13 (4) while the National Park Service has com14 pleted a number of broad natural and cultural theme

15 studies as well as numerous site-specific studies, it

16 has no systematic plan or program to ensure that

17 the most important areas are considered for addition

18 to the National Park System; and

19 (5) in addition to refinement of the National

20 Park System, there exists a serious need to

21 strengthen National Park Service programs with re22 spect to providing assistance in the management of

23 natural, cultural, and recreational resources which

24 do not belong in the National Park System.
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1 SEC. 3. DEFINITIONS.

2 As used in this Act:

3 (1) The term ‘‘Commission’’ means the Na4 tional Park System Strategic Planning Commission

5 established by section 101.

6 (2) The term ‘‘Secretary’’ means the Secretary

7 of the Interior.

8 TITLE I—DEVELOPMENT OF A

9 COMPREHENSIVE PLAN FOR

10 THE FUTURE OF THE NA11 TIONAL PARK SYSTEM

12 SEC. 101. NATIONAL PARK SYSTEM STRATEGIC PLANNING

13 COMMISSION.

14 (a) ESTABLISHMENT.—There is hereby established

15 the National Park System Strategic Planning Commission

16 whose purpose shall be to develop a long-term plan to out17 line a direction for the National Park System.

18 (b) MEMBERS.—The Commission shall consist of 13

19 members appointed by the Secretary based on consultation

20 with constituencies representing each of the areas of ex21 pertise referred to in paragraphs (1) through (12). Each

22 of the Commission members shall have substantial experi23 ence in the member’s area of expertise and understanding

24 of the National Park System and shall be free of economic

25 conflict of interest in terms of employment or other eco26 nomic benefit which the member would expect to receive
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1 solely by virtue of the member’s service on the Commis2 sion. Of the members of the Commission—

3 (1) one shall be a recognized expert in botany;

4 (2) one shall be a recognized expert in wildlife

5 ecology;

6 (3) one shall be a recognized expert in the field

7 of natural systems;

8 (4) one shall be a recognized expert in

9 geomorphology;

10 (5) one shall be a recognized expert in Amer11 ican history;

12 (6) one shall be a recognized expert in archaeol13 ogy;

14 (7) one shall be a recognized expert in historical

15 architecture;

16 (8) one shall be a recognized expert in anthro17 pology;

18 (9) one shall be a recognized expert in social

19 science with expertise in outdoor recreation;

20 (10) one shall be a recognized expert in protec21 tion of private property rights;

22 (11) one shall be a representative of a national

23 conservation group;

24 (12) one shall be a representative of park rec25 reational users; and
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1 (13) one shall be the Director of the National

2 Park Service, ex officio.

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

4 among its members.

5 (d) VACANCIES.—Vacancies occurring on the Com6 mission shall not affect the authority of the remaining

7 members of the Commission to carry out the functions of

8 the Commission. Any vacancy in the Commission shall be

9 promptly filled in the same manner in which the original

10 appointment was made.

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

12 members shall constitute a quorum.

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

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

15 the members of the Commission.

16 (g) COMPENSATION.—Members of the Commission

17 shall serve without compensation as such. Members of the

18 Commission, when engaged in official Commission busi19 ness, shall be entitled to travel expenses, including per

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

21 employed intermittently in government service under sec22 tion 5703 of title 5, United States Code.

23 (h) TERMINATION.—The Commission established

24 pursuant to this section shall terminate 90 days after the
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1 transmittal of the report to Congress as provided in sec2 tion 104.

3 SEC. 102. STAFF OF THE COMMISSION.

4 (a) LIMITATION ON NATIONAL PARK SERVICE

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

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

7 professional staff of the Commission shall be made up of

8 current employees of the National Park Service.

9 (b) STAFF OF OTHER AGENCIES.—Upon the request

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

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

12 such agency to the Commission to assist the Commission.

13 (c) EXPERTS AND CONSULTANTS.—Subject to such

14 rules as may be adopted by the Commission, the Commis15 sion may procure temporary and intermittent services to

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

17 5, United States Code, but at rates determined by the

18 Commission to be advisable.

19 SEC. 103. POWERS OF THE COMMISSION.

20 (a) IN GENERAL.—The Commission shall for the pur21 pose of carrying out this title hold such public hearings,

22 sit and act at such times and places, take such testimony,

23 and receive such evidence as the Commission deems advis24 able.
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1 (b) BYLAWS.—The Commission may make such by2 laws, rules, and regulations, consistent with this title, as

3 it considers necessary to carry out its functions under this

4 title.

5 (c) DELEGATION.—When so authorized by the Com6 mission any member or agent of the Commission may take

7 any action which the Commission is authorized to take by

8 this section.

9 (d) MAILS.—The Commission may use the United

10 States mails in the same manner and upon the same con11 ditions as other departments and agencies of the United

12 States.

13 SEC. 104. DUTIES OF THE COMMISSION.

14 (a) PREPARATION OF PLAN.—The Commission shall

15 prepare a plan to outline the direction of the National

16 Park System. The plan shall be designed to guide the Na17 tional Park System for the next 10 to 20 years. This plan

18 shall include the following:

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

20 in defining the role of the National Park System in

21 preserving our national heritage, relative to other ef22 forts at the Federal, State, local, and private levels.

23 (2) Detailed criteria to be used in determining

24 which natural and cultural resources are appropriate

25 for inclusion within the National Park System.
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1 (3) Identification of what constitutes adequate

2 representation of a particular resource type and

3 which aspects of the American heritage are ade4 quately represented in the existing National Park

5 System or in other protected areas.

6 (4) Identification of appropriate aspects of

7 American heritage not currently represented in the

8 National Park System.

9 (5) Priorities of sites which should be added to

10 the National Park System in order to provide more

11 complete representation of our Nation’s heritage, in12 cluding an outline for completion of the National

13 Park System with respect to natural areas.

14 (6) The role of the National Park System with

15 respect to such topics as preservation of industrial

16 America, preservation of nonphysical cultural re17 sources, and provision of outdoor recreation opportu18 nities.

19 (7) Identification of those areas which are more

20 appropriately managed outside the National Park

21 System based on such factors as duplication within

22 the National Park System, better representation of

23 a particular resource type under management of an24 other entity, lack of significance, lack of manage-
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1 ment feasibility, cost, and lack of visitor accessibil2 ity.

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

4 plan under subsection (a), the Commission shall consult

5 with the Secretary of the Interior, the Governors of af6 fected States, the National Park System Advisory Board,

7 affected units of local government, State and local re8 source management and recreation organizations, schol9 arly organizations, park inholders, and such other inter10 ested parties as the Commission deems advisable. These

11 consulations shall also include appropriate opportunities

12 for public testimony and comment.

13 (c) TRANSMITTAL TO THE SECRETARY AND CON14 GRESS.—Not later than 2 years after the date that funds

15 are made available to carry out subsection (a), the Com16 mission shall transmit the plan developed under this sec17 tion simultaneously to the Secretary and the Committee

18 on Interior and Insular Affairs of the United States House

19 of Representatives and the Committee on Energy and

20 Natural Resources of the United States Senate.

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There

22 are hereby authorized to be appropriated not to exceed

23 $500,000 to carry out the purposes of this section.
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1 SEC. 105. TERMINATION OF NATIONAL PARK SERVICE MAN2 AGEMENT AT NONESSENTIAL NATIONAL

3 PARK SYSTEM AREAS.

4 (a) TERMINATION OF NATIONAL PARK SERVICE

5 MANAGEMENT.—The Secretary shall—

6 (1) terminate National Park Service Manage7 ment at all park areas as recommended by the Com8 mission in the report transmitted to the Secretary

9 pursuant to section 104;

10 (2) initiate all such actions not later than 2

11 years after completion of the report and shall com12 plete termination of National Park Service manage13 ment at all areas no later than 5 years after comple14 tion of the report;

15 (3) before taking any action with respect to dis16 posal of any surplus real property or facility located

17 at any park, consult with the Governor of the State

18 and the heads of the local governments and any in19 terested nongovernmental entities for the purpose of

20 considering any plan for the use of such property by

21 State or local governments or nongovernmental enti22 ties; and

23 (4) carry out this title without regard to any

24 provision of law restricting the use of funds for pur25 poses as outlined in section 105 as may be included

26 in any authorization or appropriation Act.
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1 (b) EXCEPTION.—The Secretary may not carry out

2 any action under section 105 if, within the 60-day period

3 beginning on the date on which the Commission submits

4 its report to Congress, a joint resolution rejecting all rec5 ommendations of the Commission for termination of Na6 tional Park Service management of park areas is enacted.

7 The days on which either House of Congress is not in ses8 sion because of an adjournment of more than 3 days shall

9 be excluded in the computation of such 60-day period.

10 (c) APPLICABILITY OF OTHER LAW.—(1) The provi11 sions of the National Environmental Policy Act of 1969

12 (42 U.S.C. 4321 et seq.) shall not apply to—

13 (A) the actions of the Commission, including se14 lecting the parks which the Commission recommends

15 for termination of National Park Service manage16 ment under this title and making its report to the

17 Secretary and the committees under section 104;

18 and

19 (B) the actions of the Secretary in establishing

20 the Commission and in transmitting the report to

21 the committees under this section.

22 (2) The provisions of the National Environmental

23 Policy Act of 1969 shall apply to the actions of the Sec24 retary during the process of terminating National Park

25 Service management of a park after such park has been
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1 selected by the Commission. In applying the provisions of

2 such Act, the Secretary shall not have to consider—

3 (A) the need for terminating National Park

4 Service management at a park which has been se5 lected by the Commission; or

6 (B) alternative parks other than those selected.

7 (3) A civil action for judicial review, with respect to

8 any requirement of the National Environmental Policy Act

9 of 1969 to the extent such Act is applicable to this title,

10 may not be brought later than the 60th day after the date

11 of such action or failure to act.

12 (d) DISPOSAL OF PROPERTY.—(1) The Adminis13 trator of General Services shall delegate to the Secretary,

14 with respect to excess and surplus real property and facili15 ties located at a park identified in section 105—

16 (A) the authority of the Administrator to dis17 pose of surplus property under section 203 of that

18 Act (40 U.S.C. 484); and

19 (B) the authority of the Administrator to grant

20 approvals and make determinations under section

21 13(g) of the Surplus Property Act of 1944 (50

22 U.S.C. App. 1622(g)).

23 (2)(A) Subject to subparagraph (A), the Secretary

24 shall exercise authority delegated to the Secretary pursu25 ant to paragraph (1) in accordance with—
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1 (i) all regulations in effect on the date of the

2 enactment of this title governing utilization of excess

3 property and disposal of surplus property under the

4 Federal Property and Administrative Services Act of

5 1949; and

6 (ii) all regulations in effect on the date of the

7 enactment of this title governing the conveyance and

8 disposal of property under section 13(g) of the Sur9 plus Property Act of 1944 (50 U.S.C. App.

10 1622(g)).

11 (B) The Secretary, after consulting with the Adminis12 trator of General Services, may issue regulations that are

13 necessary to carry out the delegation of authority required

14 by paragraph (1).

15 (C) The authority required to be delegated by para16 graph (1) to the Secretary by the Administrator of Gen17 eral Services shall not include the authority to prescribe

18 general policies and methods for utilizing excess property

19 and disposing of surplus property.

20 (e) REPORTS.—As part of each annual budget re21 quest for the Department of the Interior, the Secretary

22 shall transmit to the appropriate committees of Congress

23 a schedule of actions to be carried out under this title in

24 the fiscal year in which the request is made and an esti25 mate of the total expenditures required and cost savings
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1 to be achieved by each such closure and of the time period

2 in which these savings are to be achieved in each case,

3 together with the Secretary’s assessment of the environ4 mental effects of such actions.

5 SEC. 106. TRANSFER OF FUNDS FROM PARK AREAS WHERE

6 NATIONAL PARK SERVICE MANAGEMENT IS

7 TO BE TERMINATED.

8 All funds appropriated or otherwise made available

9 for operation of park areas identified in section 105 shall

10 remain available for allocation to other units of the Na11 tional Park System.

12 SEC. 107. LIMITATION ON ESTABLISHMENT OF NEW AREAS

13 OF THE NATIONAL PARK SYSTEM.

14 Until the Commission transmits its report to Con15 gress in accordance with section 104 of this title, the Sec16 retary may not implement any legislation establishing new

17 units of the National Park System, except for areas stud18 ied by the National Park Service pursuant to a specific

19 congressional authorization enacted prior to the date of

20 enactment of this Act.
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1 TITLE II—NEW AREA

2 ESTABLISHMENT

3 SEC. 201. NEW AREA STUDIES FOR UNITS OF THE NA4 TIONAL PARK SYSTEM.

5 (a) IN GENERAL.—The Secretary shall undertake

6 and submit to the appropriate committees of Congress re7 ports of such new area studies as are herein or may here8 after be authorized by Congress for the purpose of deter9 mining the feasibility and suitability of designating areas

10 for addition to the National Park System and any feasible

11 alternatives to such action. The Secretary shall undertake

12 both site specific and thematic studies. All such studies

13 shall be made in consultation with affected agencies at the

14 Federal, State, and local levels, public and private organi15 zations and concerned landowners and users. Each study

16 shall be completed in compliance with the National Envi17 ronmental Policy Act of 1969 and with an appropriate

18 level of public involvement, including public meetings in

19 the vicinity of the study area.

20 (b) FACTORS.—All new area studies referred to in

21 this section shall consider each of the following—

22 (1) whether the resource is nationally signifi23 cant in that it represents one of the most important

24 examples of a particular resource type in the coun25 try,
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1 (2) whether similar resources are already pro2 tected in the National Park System or in other Fed3 eral, State, or private ownership,

4 (3) whether the unit is of appropriate configu5 ration to ensure long-term resource protection and

6 visitor use,

7 (4) whether any other management entity

8 would be more appropriate,

9 (5) public use potential,

10 (6) resource integrity,

11 (7) cost-effectiveness of such designation associ12 ated with both acquisition and annual operation, and

13 (8) socioeconomic impacts of any designation.

14 (c) CONGRESSIONAL TESTIMONY.—When submitting

15 testimony or other recommendations to Congress regard16 ing any potential addition to the National Park System,

17 the Secretary shall specifically address all factors required

18 to be considered under subsection (b).

19 (d) REPORTS TO CONGRESS.—Within 18 months

20 after the date that funds are made available for the study

21 of an area designated pursuant to subsection (d), the

22 President shall transmit to the Congress a report of such

23 study. Each such report shall indicate the suitability and

24 feasibility of authorizing the area as a unit of the National

25 Park System and any feasible alternative to such action.
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1 The report shall identify a preferred alternative and also

2 discuss any contentious issues related to each alternative

3 considered.

4 SEC. 202. PRIORITY LIST OF POTENTIAL PARK SYSTEM AD5 DITIONS.

6 (a) LIST.—The National Park Service shall develop

7 and maintain a single list of units in order of their numeri8 cal priority for potential addition to the National Park

9 System. This list shall be initially comprised of areas for

10 which the agency has completed adequate new area studies

11 which are consistent with the plan developed under section

12 104. The list shall be updated and republished periodi13 cally.

14 (b) ESTABLISHING PRIORITIES.—In addition to the

15 factors referred to in section 201(b), the Secretary shall

16 consider each of the following in establishing priorities for

17 inclusion of new areas in the National Park System—

18 (1) imminence of any threats to the resource or

19 nature of ongoing degradation,

20 (2) extent to which similar resources are pro21 tected by the National Park Service or by another

22 entity,

23 (3) cost escalation factors,

24 (4) level of local and general public support,

25 and
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1 (5) any other factors deemed appropriate by the

2 Secretary.

3 (c) TRANSMISSION OF PRIORITY LIST TO CON4 GRESS.—At the beginning of each Congress, the Secretary

5 shall transmit to the Speaker of the House of Representa6 tives and to the President of the Senate, a copy of the

7 most recent numerical priority list prepared under this

8 section. In addition, the Secretary is encouraged to peri9 odically transmit any recommendations for new area stud10 ies which he deems appropriate. Such recommendations

11 should be based on an objective preliminary review of such

12 proposals.

13 (d) CONGRESSIONAL TESTIMONY.—When submitting

14 testimony or other recommendations to Congress concern15 ing any new additions to the National Park System, the

16 Secretary shall include the priority ranking of the area

17 on the nationwide priority list.

18 SEC. 203. REPEAL OF EXISTING STATUTE.

19 Section 8 of the Act entitled ‘‘An Act to improve the

20 Administration of the national park system by the Sec21 retary of the Interior, and to clarify the authorities appli22 cable to the system, and for other purposes’’, approved

23 August 18, 1970 (16 U.S.C. 1a–5), is amended by striking

24 out the first through the seventh sentences of subsection

25 (a).
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1 SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated $1,000,000

3 for each fiscal year to carry out this title. Half of these

4 funds shall be allocated for planning purposes and the

5 other half shall be allocated for expansion of the congres6 sional support services. These funds shall be in addition

7 to any funds authorized by Congress for specific studies

8 directed by Congress.

9 TITLE III—ENHANCED NA10 TIONAL PARK SERVICE TECH11 NICAL ASSISTANCE PROGRAM

12 FOR PROTECTION AND MAN13 AGEMENT OF NATURAL, CUL14 TURAL, AND RECREATION

15 SITES

16 SEC. 301. ESTABLISHMENT OF THE AMERICAN HERITAGE

17 SITE SYSTEM.

18 (a) IN GENERAL.—In order to better protect natural,

19 cultural, and recreational resources of national or State

20 significance which do not belong in the National Park Sys21 tem, there is hereby established the American Heritage

22 System. This program is intended to provide recognition

23 for a diversity of special places of American Heritage.

24 These American Heritage Sites will range in complexity

25 from relatively small sites comprised of a single historic

26 structure to geographic regions and landscapes. In these
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1 larger landscapes, the pursuit of economic opportunity and

2 enhancement of the quality of life of residents will often

3 be at least as important as stewardship of natural and

4 cultural resources.

5 (b) ADMINISTRATION.—These sites would be admin6 istered by State and local governments as well as private

7 entities in partnership with private landowners and com8 munity organizations, with technical assistance from the

9 Federal Government. Federal funds will be available on

10 a matching basis only, but shall not be used for either

11 land acquisition or for day-to-day operations and manage12 ment. The Secretary shall establish broad criteria and

13 guidelines governing the selection and management of

14 American Heritage sites.

15 (c) ESTABLISHMENT PROCESS.—The National Park

16 Service shall establish a grant program to conduct studies

17 of sites for potential designation as American Heritage

18 sites as follows:

19 (1) When the National Park Service receives a

20 request for funding by a project proponent, the

21 agency shall conduct a preliminary investigation of

22 the site, in conjunction with other State and local

23 entities, to determine if any further Federal involve24 ment is appropriate.
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1 (2) If the site is found to merit further consid2 eration for potential designation, the Secretary shall

3 provide a grant to the project proponent to carry out

4 the study. The National Park Service may provide

5 technical assistance during the study process upon

6 the request of the State or local government.

7 (3) Based on a review of the study, the Sec8 retary shall periodically submit proposals for des9 ignation of American Heritage sites to Congress.

10 (d) PLAN OF OPERATIONS.—After designation, the

11 primary managing body (identified in the legislation des12 ignating the site) shall prepare a plan of operations which

13 shall be transmitted to the Secretary.

14 (e) ASSISTANCE.—As part of the plan implementa15 tion, special Federal technical and financial assistance

16 would be granted during a specified period (not to exceed

17 10 years), after which time the project would be expected

18 to rely on other funding sources, including other existing

19 Federal assistance programs. In addition, the Secretary

20 shall periodically conduct on-site evaluations of the site to

21 ensure its continued operation in conformance with guide22 lines of the Secretary.

23 (f) DIRECTOR OF PROGRAM.—The American Herit24 age Program shall be under the direction of a Deputy Di25 rector for Non-Federal Conservation and Recreation.
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1 SEC. 302. DEFINITION OF NATIONAL PARK SYSTEM.

2 Section 2(a) of the Act entitled ‘‘An Act to facilitate

3 the management of the National Park System and mis4 cellaneous areas administered in connection with that Sys5 tem, and for other purposes’’, approved August 8, 1953

6 (16 U.S.C. 1c), is amended to read as follows:

7 ‘‘SEC. 2. (a)(1) The ‘National Park System’ shall in8 clude both designated areas and affiliated areas which are

9 administered by the Secretary of the Interior through the

10 National Park Service in accordance with a specific Act

11 of Congress.

12 ‘‘(2) Designated areas of the National Park System

13 are those areas with Federal land ownership and where

14 the National Park Service has primary responsibility for

15 the management and protection of the site.

16 ‘‘(3) Affiliated areas are those areas which are ad17 ministered on a partnership basis with Federal and non18 Federal funds. Federal involvement typically includes

19 technical assistance and may also include Federal support

20 for daily operation of the area and Federal land acquisi21 tion authority for a specified period of time.’’.

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