I 

111TH CONGRESS 

1ST SESSION H. R. 3804 

To make technical corrections to various Acts affecting the National Park 

Service, to extend, amend, or establish certain National Park Service 

authorities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 13, 2009 

Mr. TONKO introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committees on Transportation and Infrastructure and Oversight and Government Reform, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To make technical corrections to various Acts affecting the 

National Park Service, to extend, amend, or establish 

certain National Park Service authorities, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Park Service Authorities and Corrections Act 

6 of 2009’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—NATIONAL PARK SERVICE AUTHORIZATIONS 

Sec. 101. National Park System Advisory Board. 

Sec. 102. National Park Service Concessions Management Advisory Board. 

Sec. 103. National Park System uniform penalties. 

Sec. 104. Volunteers in the parks. 

TITLE II—PEARL HARBOR TICKETING 

Sec. 201. Definitions. 

Sec. 202. Facilitation of admission to historic attractions within Pearl Harbor 

Naval Complex. 

Sec. 203. Protection of resources. 

TITLE III—CHANGES TO NATIONAL PARK UNITS 

Sec. 301. George Washington Memorial Parkway. 

Sec. 302. District of Columbia snow removal. 

Sec. 303. Martin Luther King, Jr. National Historical Park. 

Sec. 304. Lava Beds National Monument Wilderness boundary adjustment. 

TITLE IV—TECHNICAL CORRECTIONS 

Sec. 401. Baltimore National Heritage Area. 

Sec. 402. Muscle shoals national heritage area. 

Sec. 403. Snake River headwaters. 

Sec. 404. Taunton River. 

Sec. 405. Cumberland Island National Seashore. 

Sec. 406. Niagara Falls National Heritage Area. 

3 TITLE I—NATIONAL PARK 

4 SERVICE AUTHORIZATIONS 

5 SEC. 101. NATIONAL PARK SYSTEM ADVISORY BOARD. 

6 Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 

7 463(f)), is amended in the first sentence by striking 

8 ‘‘2010’’ and inserting ‘‘2020’’. 

9 SEC. 102. NATIONAL PARK SERVICE CONCESSIONS MAN10 AGEMENT ADVISORY BOARD. 

11 Section 409(d) of the National Park Service Conces12 sions Management Improvement Act of 1998 (Public Law 


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1 105–391) is amended by striking ‘‘2009’’ and inserting 

2 ‘‘2019’’. 

3 SEC. 103. NATIONAL PARK SYSTEM UNIFORM PENALTIES. 

4 (a) FINES AND IMPRISONMENT.—The first section of 

5 the Act of March 2, 1933 (47 Stat. 1420, ch. 180), is 

6 amended by striking ‘‘such fine and imprisonment.’’ and 

7 inserting ‘‘such fine and imprisonment; except if the viola8 tion occurs within a park, site, monument, or memorial 

9 that is part of the National Park System, where violations 

10 shall be subject to the penalty provision set forth in section 

11 3 of the Act of August 25, 1916 (16 U.S.C. 3; commonly 

12 known as the ‘National Park Service Organic Act’) and 

13 section 3571 of title 18, United States Code.’’. 

14 (b) COST OF PROCEEDINGS.—Section 2(k) of the Act 

15 of August 21, 1935 (16 U.S.C. 462(k)), is amended by 

16 striking ‘‘cost of the proceedings.’’ and inserting ‘‘cost of 

17 the proceedings; except if the violation occurs within an 

18 area that is part of the National Park System, where vio19 lations shall be subject to the penalty provision set forth 

20 in section 3 of the Act of August 25, 1916 (16 U.S.C. 

21 3; commonly known as the ‘National Park Service Organic 

22 Act’), and section 3571 of title 18, United States Code.’’. 


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1 SEC. 104. VOLUNTEERS IN THE PARKS. 

2 Section 4 of the Volunteers in the Parks Act of 1969 

3 (16 U.S.C. 18j) is amended by striking ‘‘$3,500,000’’ and 

4 inserting ‘‘$10,000,000’’. 

5 TITLE II—PEARL HARBOR 

6 TICKETING 

7 SEC. 201. DEFINITIONS. 

8 In this title: 

9 (1) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (2) PEARL HARBOR HISTORIC SITE.—The term 

12 ‘‘Pearl Harbor historic site’’ means a historic attrac13 tion within the Pearl Harbor Naval Complex, includ14 ing the USS Bowfin Submarine Museum and Park, 

15 the Battleship Missouri Memorial, the Pacific Avia16 tion Museum—Pearl Harbor, and any other historic 

17 attraction that the Secretary identifies as a Pearl 

18 Harbor historic site and that is not administered or 

19 managed by the Secretary. 

20 (3) VISITOR CENTER.—The term ‘‘visitor cen21 ter’’ means the visitor center located within the 

22 Pearl Harbor Naval Complex on lands that are with23 in the World War II Valor in the Pacific National 

24 Monument and managed by the Secretary through 

25 the National Park Service. 


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1 SEC. 202. FACILITATION OF ADMISSION TO HISTORIC AT2 TRACTIONS WITHIN PEARL HARBOR NAVAL 

3 COMPLEX. 

4 (a) IN GENERAL.—The Secretary, in managing the 

5 World War II Valor in the Pacific National Monument, 

6 may enter into an agreement with the nonprofit organiza7 tions or other legally recognized entities that are author8 ized to administer or manage a Pearl Harbor historic 

9 site— 

10 (1) to allow visitors to a Pearl Harbor historic 

11 site to gain access to the site by passing through se12 curity screening at the Visitor Center; and 

13 (2) to allow the sale of tickets to a Pearl Har14 bor historic site within the Visitor Center by employ15 ees of the National Park Service or by organizations 

16 that administer or manage a Pearl Harbor historic 

17 site. 

18 (b) TERMS AND CONDITIONS.—In any agreement en19 tered into pursuant to this title, the Secretary— 

20 (1) shall require the organization administering 

21 or managing a Pearl Harbor historic site to pay to 

22 the Secretary a reasonable fee to recover administra23 tive costs associated with the use of the Visitor Cen24 ter for public access and ticket sales, the proceeds 

25 of which shall remain available, without further ap26 propriation, for use by the National Park Service at 


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1 the World War II Valor in the Pacific National 

2 Monument; 

3 (2) shall ensure the limited liability of the 

4 United States arising from the admission of the pub5 lic through the Visitor Center to a Pearl Harbor his6 toric site and the sale or issuance of any tickets to 

7 the site; and 

8 (3) may include any other terms and conditions 

9 the Secretary deems appropriate. 

10 (c) LIMITATION OF AUTHORITY.—Under this title, 

11 the Secretary shall have no authority— 

12 (1) to regulate or approve the rates for admis13 sion to an attraction within the Pearl Harbor his14 toric site; 

15 (2) to regulate or manage any visitor services of 

16 any historic sites within the Pearl Harbor Naval 

17 Complex other than at those sites managed by the 

18 National Park Service as part of World War II 

19 Valor in the Pacific National Monument; or 

20 (3) to charge an entrance fee for admission to 

21 the World War II Valor in the Pacific National 

22 Monument. 

23 SEC. 203. PROTECTION OF RESOURCES. 

24 Nothing in this title authorizes the Secretary or any 

25 organization that administers or manages a Pearl Harbor 


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1 historic site to take any action in derogation of the preser2 vation and protection of the values and resources of the 

3 World War II Valor in the Pacific National Monument. 

4 TITLE III—CHANGES TO 

5 NATIONAL PARK UNITS 

6 SEC. 301. GEORGE WASHINGTON MEMORIAL PARKWAY. 

7 (a) PURPOSE.—The purpose of this section is to au8 thorize, direct, facilitate, and expedite the transfer of ad9 ministrative jurisdiction of certain Federal land in accord10 ance with the terms and conditions of this section. 

11 (b) DEFINITIONS.—In this section: 

12 (1) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (2) RESEARCH CENTER.—The term ‘‘Research 

15 Center’’ means the Federal Highway Administra16 tion’s Turner-Fairbank Highway Research Center. 

17 (3) FARM.—The term ‘‘Farm’’ means the 

18 Claude Moore Colonial Farm. 

19 (4) MAP.—The term ‘‘Map’’ means the map ti20 tled ‘‘GWMP—Claude Moore Proposed Boundary 

21 Adjustment’’, numbered 850/82003, and dated April 

22 2004. The map shall be available for public inspec23 tion in the appropriate offices of the National Park 

24 Service, Department of the Interior. 

25 (c) ADMINISTRATIVE JURISDICTION TRANSFER.— 


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1 (1) TRANSFER OF JURISDICTION.— 

2 (A) IN GENERAL.—The Secretary and the 

3 Secretary of Transportation are authorized to 

4 transfer administrative jurisdiction for approxi5 mately 0.342 acre of land under the jurisdiction 

6 of the Department of the Interior within the 

7 boundary of the George Washington Memorial 

8 Parkway, generally depicted as ‘‘B’’ on the 

9 Map, for approximately 0.479 acre within the 

10 boundary of the Research Center land under 

11 the jurisdiction of the Department of Transpor12 tation adjacent to the boundary of the George 

13 Washington Memorial Parkway, generally de14 picted as ‘‘A’’ on the Map. 

15 (B) USE RESTRICTION.—The Secretary 

16 shall restrict the use of 0.139 acre of land with17 in the boundary of the George Washington Me18 morial Parkway immediately adjacent to part of 

19 the north perimeter fence of the Research Cen20 ter, generally depicted as ‘‘C’’ on the Map, by 

21 prohibiting the storage, construction, or instal22 lation of any item that may obstruct the view 

23 from the Research Center into the George 

24 Washington Memorial Parkway. 


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1 (2) REIMBURSEMENT OR CONSIDERATION.— 

2 The transfer of administrative jurisdiction under 

3 this section shall occur without reimbursement or 

4 consideration. 

5 (3) COMPLIANCE WITH AGREEMENT.— 

6 (A) AGREEMENT.—The National Park 

7 Service and the Federal Highway Administra8 tion shall comply with all terms and conditions 

9 of the Agreement entered into by the parties on 

10 September 11, 2002, regarding the transfer of 

11 administrative jurisdiction, management, and 

12 maintenance of the lands discussed in the 

13 Agreement. 

14 (B) ACCESS TO LAND.—The Secretary 

15 shall allow the Research Center access to the 

16 land the Secretary restricts under paragraph 

17 (1)(B) for purposes of maintenance in accord18 ance with National Park Service standards, 

19 which includes grass mowing and weed control, 

20 tree maintenance, fence maintenance, and vis21 ual appearance. No tree 6 inches or more in di22 ameter shall be pruned or removed without the 

23 advance written permission of the Secretary. 

24 Any pesticide use must be approved in writing 


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1 by the Secretary prior to application of the pes2 ticide. 

3 (d) MANAGEMENT OF TRANSFERRED LANDS.— 

4 (1) INTERIOR LAND.—The land transferred to 

5 the Secretary under subsection (c)(1) shall be in6 cluded in the boundaries of the George Washington 

7 Memorial Parkway and shall be administered by the 

8 National Park Service as part of the parkway sub9 ject to applicable laws and regulations. 

10 (2) TRANSPORTATION LAND.—The land trans11 ferred to the Secretary of Transportation under sub12 section (c)(1) shall be included in the boundary of 

13 the Research Center and shall be removed from the 

14 boundary of the parkway. 

15 (3) RESTRICTED-USE LAND.—The land the Sec16 retary has designated for restricted use under sub17 section (c)(1) shall be maintained by the Research 

18 Center. 

19 SEC. 302. DISTRICT OF COLUMBIA SNOW REMOVAL. 

20 Section 3 of the Act entitled, ‘‘An Act Providing for 

21 the removal of snow and ice from the paved sidewalks of 

22 the District of Columbia’’, approved September 16, 1922 

23 (42 Stat. 845, ch. 318), is amended to read as follows: 

24 ‘‘SEC. 3. (a) It shall be the duty of a Federal agency 

25 to remove, or cause to be removed, snow, sleet, or ice from 


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1 paved sidewalks and crosswalks within the fire limits of 

2 the District of Columbia that are— 

3 ‘‘(1) in front of or adjacent to buildings owned 

4 by the United States and under such Federal agen5 cy’s jurisdiction; or 

6 ‘‘(2) public thoroughfares in front of, around, 

7 or through public squares, reservations, or open 

8 spaces and that are owned by the United States and 

9 under such Federal agency’s jurisdiction. 

10 ‘‘(b) The snow, sleet, or ice removal required by sub11 section (a) shall occur within a reasonable time period 

12 after snow or sleet ceases to fall or after ice has accumu13 lated. In the event that snow, sleet, or ice has hardened 

14 and cannot be removed, such Federal agency shall— 

15 ‘‘(1) make the paved sidewalks and crosswalks 

16 under its jurisdiction described in subsection (a) rea17 sonably safe for travel by the application of sand, 

18 ashes, salt, or other acceptable materials; and 

19 ‘‘(2) as soon as practicable, thoroughly remove 

20 the snow, sleet, or ice. 

21 ‘‘(c)(1) The duty of a Federal agency described in 

22 subsections (a) and (b) may be delegated to another gov23 ernmental or nongovernmental entity through a lease, con24 tract, or other comparable arrangement. 


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1 ‘‘(2) If two or more Federal agencies have overlap2 ping responsibility for the same sidewalk or crosswalk they 

3 may enter into an arrangement assigning responsibility.’’. 

4 SEC. 303. MARTIN LUTHER KING, JR. NATIONAL HISTOR5 ICAL PARK. 

6 (a) AMENDMENTS.—The Act entitled ‘‘An Act to es7 tablish the Martin Luther King, Junior, National Historic 

8 Site in the State of Georgia, and for other purposes’’ 

9 (Public Law 96–428; 94 Stat. 1839) is amended— 

10 (1) in section 1, by striking ‘‘the map entitled 

11 ‘Martin Luther King, Junior, National Historic 

12 Site’, numbered 489/80,013B, and dated September 

13 1992’’ and inserting ‘‘the map titled ‘Martin Luther 

14 King, Jr. National Historical Park’, numbered 489/ 

15 80,032, and dated April 2009’’; 

16 (2) by striking ‘‘Martin Luther King, Junior, 

17 National Historic Site’’ each place it appears and in18 serting ‘‘Martin Luther King, Jr. National Histor19 ical Park’’; and 

20 (3) by striking ‘‘historic site’’ each place it ap21 pears and inserting ‘‘historical park’’. 

22 (b) REFERENCES.—Any reference in any law (other 

23 than this Act), map, regulation, document, record, or 

24 other official paper of the United States to the ‘‘Martin 

25 Luther King, Junior, National Historic Site’’ shall be conVerDate Nov 24 2008 00:10 Oct 16, 2009 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3804.IH H3804

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1 sidered to be a reference to the ‘‘Martin Luther King, Jr. 

2 National Historical Park’’. 

3 SEC. 304. LAVA BEDS NATIONAL MONUMENT WILDERNESS 

4 BOUNDARY ADJUSTMENT. 

5 The first section of the Act of October 13, 1972 

6 (Public Law 92–493), is amended in the first sentence— 

7 (1) by striking ‘‘That, in’’ and inserting ‘‘SEC8 TION 1. In’’; and 

9 (2) by striking ‘‘ten thousand acres’’ and all 

10 that follows through the end of the sentence and in11 serting ‘‘10,431 acres, as depicted within the pro12 posed wilderness boundary on the map titled ‘Lava 

13 Beds National Monument, Proposed Wilderness 

14 Boundary Adjustment’, numbered 147/80,015, and 

15 dated September 2005, and those lands within the 

16 area generally known as the ‘Schonchin Lava Flow’, 

17 comprising approximately 18,029 acres, as depicted 

18 within the proposed wilderness boundary on the 

19 map, are designated as wilderness.’’. 

20 TITLE IV—TECHNICAL 

21 CORRECTIONS 

22 SEC. 401. BALTIMORE NATIONAL HERITAGE AREA. 

23 The Omnibus Public Land Management Act of 2009 

24 (Public Law 111–11) is amended— 


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1 (1) in sections 8005(b)(3) and 8005(b)(4) by 

2 striking ‘‘Baltimore Heritage Area Association’’ and 

3 inserting ‘‘Baltimore City Heritage Area Associa4 tion’’; and 

5 (2) in section 8005(i) by striking ‘‘EFFECTIVE6 NESS’’ and inserting ‘‘FINANCIAL ASSISTANCE’’. 

7 SEC. 402. MUSCLE SHOALS NATIONAL HERITAGE AREA. 

8 Section 8009(j) of the Omnibus Public Land Man9 agement Act of 2009 is amended by striking ‘‘EFFECTIVE10 NESS’’ and inserting ‘‘FINANCIAL ASSISTANCE’’. 

11 SEC. 403. SNAKE RIVER HEADWATERS. 

12 Section 5002(c)(1) of the Omnibus Public Land Man13 agement Act of 2009 is amended by striking ‘‘paragraph 

14 (205) of section 3(a)’’ each place it appears and inserting 

15 ‘‘paragraph (206) of section 3(a)’’. 

16 SEC. 404. TAUNTON RIVER. 

17 Section 5003(b) of the Omnibus Public Land Man18 agement Act of 2009 is amended by striking ‘‘section 

19 3(a)(206)’’ each place it appears and inserting ‘‘section 

20 3(a)(207)’’. 

21 SEC. 405. CUMBERLAND ISLAND NATIONAL SEASHORE. 

22 Section 6(b) of the Act titled ‘‘An Act to establish 

23 Cumberland Island National Seashore’’ (Public Law 92– 

24 536) is amended by striking ‘‘physiographic conditions not 


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1 prevailing’’ and inserting ‘‘physiographic conditions now 

2 prevailing’’. 

3 SEC. 406. NIAGARA FALLS NATIONAL HERITAGE AREA. 

4 Section 427(k) of the Consolidated Natural Re5 sources Act of 2008 (Public Law 110–229) is amended 

6 by striking ‘‘Except as provided for the leasing of adminis7 trative facilities under subsection (g)(1), the’’ and insert8 ing ‘‘The’’. 

Æ 


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