IB 

Union Calendar No. 212 

111TH CONGRESS 

1ST SESSION H. R. 3804 

[Report No. 111–360, Part I] 

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 

DECEMBER 7, 2009 

Reported from the Committee on Natural Resources 

DECEMBER 7, 2009 

Committees on Transportation and Infrastructure and Oversight and Government Reform discharged; committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 


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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. 


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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’’. 

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

8 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. 


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1 TITLE I—NATIONAL PARK 

2 SERVICE AUTHORIZATIONS 

3 SEC. 101. NATIONAL PARK SYSTEM ADVISORY BOARD. 

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

5 463(f)), is amended in the first sentence by striking 

6 ‘‘2010’’ and inserting ‘‘2020’’. 

7 SEC. 102. NATIONAL PARK SERVICE CONCESSIONS MAN8 AGEMENT ADVISORY BOARD. 

9 Section 409(d) of the National Park Service Conces10 sions Management Improvement Act of 1998 (Public Law 

11 105–391) is amended by striking ‘‘2009’’ and inserting 

12 ‘‘2019’’. 

13 SEC. 103. NATIONAL PARK SYSTEM UNIFORM PENALTIES. 

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

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

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

17 inserting ‘‘such fine and imprisonment; except if the viola18 tion occurs within a park, site, monument, or memorial 

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

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

21 3 of the Act of August 25, 1916 (16 U.S.C. 3; commonly 

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

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

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

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


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

2 the proceedings; except if the violation occurs within an 

3 area that is part of the National Park System, where vio4 lations shall be subject to the penalty provision set forth 

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

6 3; commonly known as the ‘National Park Service Organic 

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

8 SEC. 104. VOLUNTEERS IN THE PARKS. 

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

10 (16 U.S.C. 18j) is amended by striking ‘‘$3,500,000’’ and 

11 inserting ‘‘$10,000,000’’. 

12 TITLE II—PEARL HARBOR 

13 TICKETING 

14 SEC. 201. DEFINITIONS. 

15 In this title: 

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

17 the Secretary of the Interior. 

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

19 ‘‘Pearl Harbor historic site’’ means a historic attrac20 tion within the Pearl Harbor Naval Complex, includ21 ing the USS Bowfin Submarine Museum and Park, 

22 the Battleship Missouri Memorial, the Pacific Avia23 tion Museum—Pearl Harbor, and any other historic 

24 attraction that the Secretary identifies as a Pearl 


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1 Harbor historic site and that is not administered or 

2 managed by the Secretary. 

3 (3) VISITOR CENTER.—The term ‘‘visitor cen4 ter’’ means the visitor center located within the 

5 Pearl Harbor Naval Complex on lands that are with6 in the World War II Valor in the Pacific National 

7 Monument and managed by the Secretary through 

8 the National Park Service. 

9 SEC. 202. FACILITATION OF ADMISSION TO HISTORIC AT10 TRACTIONS WITHIN PEARL HARBOR NAVAL 

11 COMPLEX. 

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

13 World War II Valor in the Pacific National Monument, 

14 may enter into an agreement with the nonprofit organiza15 tions or other legally recognized entities that are author16 ized to administer or manage a Pearl Harbor historic 

17 site— 

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

19 site to gain access to the site by passing through se20 curity screening at the Visitor Center; and 

21 (2) to allow the sale of tickets to a Pearl Har22 bor historic site within the Visitor Center by employ23 ees of the National Park Service or by organizations 

24 that administer or manage a Pearl Harbor historic 

25 site. 


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1 (b) TERMS AND CONDITIONS.—In any agreement en2 tered into pursuant to this title, the Secretary— 

3 (1) shall require the organization administering 

4 or managing a Pearl Harbor historic site to pay to 

5 the Secretary a reasonable fee to recover administra6 tive costs associated with the use of the Visitor Cen7 ter for public access and ticket sales, the proceeds 

8 of which shall remain available, without further ap9 propriation, for use by the National Park Service at 

10 the World War II Valor in the Pacific National 

11 Monument; 

12 (2) shall ensure the limited liability of the 

13 United States arising from the admission of the pub14 lic through the Visitor Center to a Pearl Harbor his15 toric site and the sale or issuance of any tickets to 

16 the site; and 

17 (3) may include any other terms and conditions 

18 the Secretary deems appropriate. 

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

20 the Secretary shall have no authority— 

21 (1) to regulate or approve the rates for admis22 sion to an attraction within the Pearl Harbor his23 toric site; 

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

25 any historic sites within the Pearl Harbor Naval 


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1 Complex other than at those sites managed by the 

2 National Park Service as part of World War II 

3 Valor in the Pacific National Monument; or 

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

5 the World War II Valor in the Pacific National 

6 Monument. 

7 SEC. 203. PROTECTION OF RESOURCES. 

8 Nothing in this title authorizes the Secretary or any 

9 organization that administers or manages a Pearl Harbor 

10 historic site to take any action in derogation of the preser11 vation and protection of the values and resources of the 

12 World War II Valor in the Pacific National Monument. 

13 TITLE III—CHANGES TO 

14 NATIONAL PARK UNITS 

15 SEC. 301. GEORGE WASHINGTON MEMORIAL PARKWAY. 

16 (a) PURPOSE.—The purpose of this section is to au17 thorize, direct, facilitate, and expedite the transfer of ad18 ministrative jurisdiction of certain Federal land in accord19 ance with the terms and conditions of this section. 

20 (b) DEFINITIONS.—In this section: 

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

22 the Secretary of the Interior. 

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

24 Center’’ means the Federal Highway Administra25 tion’s Turner-Fairbank Highway Research Center. 


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

2 Claude Moore Colonial Farm. 

3 (4) MAP.—The term ‘‘Map’’ means the map ti4 tled ‘‘GWMP—Claude Moore Proposed Boundary 

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

6 2004. The map shall be available for public inspec7 tion in the appropriate offices of the National Park 

8 Service, Department of the Interior. 

9 (c) ADMINISTRATIVE JURISDICTION TRANSFER.— 

10 (1) TRANSFER OF JURISDICTION.— 

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

12 Secretary of Transportation are authorized to 

13 transfer administrative jurisdiction for approxi14 mately 0.342 acre of land under the jurisdiction 

15 of the Department of the Interior within the 

16 boundary of the George Washington Memorial 

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

18 Map, for approximately 0.479 acre within the 

19 boundary of the Research Center land under 

20 the jurisdiction of the Department of Transpor21 tation adjacent to the boundary of the George 

22 Washington Memorial Parkway, generally de23 picted as ‘‘A’’ on the Map. 

24 (B) USE RESTRICTION.—The Secretary 

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1 in the boundary of the George Washington Me2 morial Parkway immediately adjacent to part of 

3 the north perimeter fence of the Research Cen4 ter, generally depicted as ‘‘C’’ on the Map, by 

5 prohibiting the storage, construction, or instal6 lation of any item that may obstruct the view 

7 from the Research Center into the George 

8 Washington Memorial Parkway. 

9 (2) REIMBURSEMENT OR CONSIDERATION.— 

10 The transfer of administrative jurisdiction under 

11 this section shall occur without reimbursement or 

12 consideration. 

13 (3) COMPLIANCE WITH AGREEMENT.— 

14 (A) AGREEMENT.—The National Park 

15 Service and the Federal Highway Administra16 tion shall comply with all terms and conditions 

17 of the Agreement entered into by the parties on 

18 September 11, 2002, regarding the transfer of 

19 administrative jurisdiction, management, and 

20 maintenance of the lands discussed in the 

21 Agreement. 

22 (B) ACCESS TO LAND.—The Secretary 

23 shall allow the Research Center access to the 

24 land the Secretary restricts under paragraph 

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1 ance with National Park Service standards, 

2 which includes grass mowing and weed control, 

3 tree maintenance, fence maintenance, and vis4 ual appearance. No tree 6 inches or more in di5 ameter shall be pruned or removed without the 

6 advance written permission of the Secretary. 

7 Any pesticide use must be approved in writing 

8 by the Secretary prior to application of the pes9 ticide. 

10 (d) MANAGEMENT OF TRANSFERRED LANDS.— 

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

12 the Secretary under subsection (c)(1) shall be in13 cluded in the boundaries of the George Washington 

14 Memorial Parkway and shall be administered by the 

15 National Park Service as part of the parkway sub16 ject to applicable laws and regulations. 

17 (2) TRANSPORTATION LAND.—The land trans18 ferred to the Secretary of Transportation under sub19 section (c)(1) shall be included in the boundary of 

20 the Research Center and shall be removed from the 

21 boundary of the parkway. 

22 (3) RESTRICTED-USE LAND.—The land the Sec23 retary has designated for restricted use under sub24 section (c)(1) shall be maintained by the Research 

25 Center. 


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1 SEC. 302. DISTRICT OF COLUMBIA SNOW REMOVAL. 

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

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

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

5 (42 Stat. 845, ch. 318), is amended to read as follows: 

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

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

8 paved sidewalks and crosswalks within the fire limits of 

9 the District of Columbia that are— 

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

11 by the United States and under such Federal agen12 cy’s jurisdiction; or 

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

14 or through public squares, reservations, or open 

15 spaces and that are owned by the United States and 

16 under such Federal agency’s jurisdiction. 

17 ‘‘(b) The snow, sleet, or ice removal required by sub18 section (a) shall occur within a reasonable time period 

19 after snow or sleet ceases to fall or after ice has accumu20 lated. In the event that snow, sleet, or ice has hardened 

21 and cannot be removed, such Federal agency shall— 

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

23 under its jurisdiction described in subsection (a) rea24 sonably safe for travel by the application of sand, 

25 ashes, salt, or other acceptable materials; and 


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

2 the snow, sleet, or ice. 

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

4 subsections (a) and (b) may be delegated to another gov5 ernmental or nongovernmental entity through a lease, con6 tract, or other comparable arrangement. 

7 ‘‘(2) If two or more Federal agencies have overlap8 ping responsibility for the same sidewalk or crosswalk they 

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

10 SEC. 303. MARTIN LUTHER KING, JR. NATIONAL HISTOR11 ICAL PARK. 

12 (a) AMENDMENTS.—The Act entitled ‘‘An Act to es13 tablish the Martin Luther King, Junior, National Historic 

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

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

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

17 ‘Martin Luther King, Junior, National Historic 

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

19 1992’’ and inserting ‘‘the map titled ‘Martin Luther 

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

21 80,032, and dated April 2009’’; 

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

23 National Historic Site’’ each place it appears and in24 serting ‘‘Martin Luther King, Jr. National Histor25 ical Park’’; and 


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1 (3) by striking ‘‘historic site’’ each place it ap2 pears and inserting ‘‘historical park’’. 

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

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

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

6 Luther King, Junior, National Historic Site’’ shall be con7 sidered to be a reference to the ‘‘Martin Luther King, Jr. 

8 National Historical Park’’. 

9 SEC. 304. LAVA BEDS NATIONAL MONUMENT WILDERNESS 

10 BOUNDARY ADJUSTMENT. 

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

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

13 (1) by striking ‘‘That, in’’ and inserting ‘‘SEC14 TION 1. In’’; and 

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

16 that follows through the end of the sentence and in17 serting ‘‘10,431 acres, as depicted within the pro18 posed wilderness boundary on the map titled ‘Lava 

19 Beds National Monument, Proposed Wilderness 

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

21 dated September 2005, and those lands within the 

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

23 comprising approximately 18,029 acres, as depicted 

24 within the proposed wilderness boundary on the 

25 map, are designated as wilderness.’’. 


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1 TITLE IV—TECHNICAL 

2 CORRECTIONS 

3 SEC. 401. BALTIMORE NATIONAL HERITAGE AREA. 

4 The Omnibus Public Land Management Act of 2009 

5 (Public Law 111–11) is amended— 

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

7 striking ‘‘Baltimore Heritage Area Association’’ and 

8 inserting ‘‘Baltimore City Heritage Area Associa9 tion’’; and 

10 (2) in section 8005(i) by striking ‘‘EFFECTIVE11 NESS’’ and inserting ‘‘FINANCIAL ASSISTANCE’’. 

12 SEC. 402. MUSCLE SHOALS NATIONAL HERITAGE AREA. 

13 Section 8009(j) of the Omnibus Public Land Man14 agement Act of 2009 is amended by striking ‘‘EFFECTIVE15 NESS’’ and inserting ‘‘FINANCIAL ASSISTANCE’’. 

16 SEC. 403. SNAKE RIVER HEADWATERS. 

17 Section 5002(c)(1) of the Omnibus Public Land Man18 agement Act of 2009 is amended by striking ‘‘paragraph 

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

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

21 SEC. 404. TAUNTON RIVER. 

22 Section 5003(b) of the Omnibus Public Land Man23 agement Act of 2009 is amended by striking ‘‘section 

24 3(a)(206)’’ each place it appears and inserting ‘‘section 

25 3(a)(207)’’. 


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1 SEC. 405. CUMBERLAND ISLAND NATIONAL SEASHORE. 

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

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

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

5 prevailing’’ and inserting ‘‘physiographic conditions now 

6 prevailing’’. 

7 SEC. 406. NIAGARA FALLS NATIONAL HERITAGE AREA. 

8 Section 427(k) of the Consolidated Natural Re9 sources Act of 2008 (Public Law 110–229) is amended 

10 by striking ‘‘Except as provided for the leasing of adminis11 trative facilities under subsection (g)(1), the’’ and insert12 ing ‘‘The’’. 


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Union Calendar No. 212 

111TH CONGRESS 

1ST SESSION H. R. 3804 

[Report No. 111–360, Part I] 

A BILL 

To make technical corrections to various Acts afice authorities, and for other purposes. amend, or establish certain National Park Serv- fecting the National Park Service, to extend, 

DECEMBER 7, 2009 

Reported from the Committee on Natural Resources 

DECEMBER 7, 2009 

Committees on Transportation and Infrastructure and 

State of the Union and ordered to be printed mitted to the Committee of the Whole House on the Oversight and Government Reform discharged; comVerDate Nov 24 2008 21:19 Dec 07, 2009 Jkt 089200 PO 00000 Frm 00018 Fmt 6651 Sfmt 6651 E:\BILLS\H3804.RH H3804

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