II 

112TH CONGRESS 

2D SESSION S. 3398 

To provide for several critical National Park Service authorities, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2012 

Mr. BINGAMAN (by request) introduced the following bill; which was read 

twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for several critical 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. 

4 This Act may be cited as the ‘‘National Park Service 

5 Critical Authorities Act of 2012’’. 

6 SEC. 2. DISTRICT OF COLUMBIA SNOW REMOVAL. 

7 The Act of September 16, 1922 (42 Stat. 845, chap8 ter 318) is amended by striking section 3 and inserting 

9 the following: 


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1 ‘‘SEC. 3. DUTIES OF FEDERAL AGENCIES. 

2 ‘‘(a) IN GENERAL.—It shall be the duty of a Federal 

3 agency to remove, or cause to be removed, snow, sleet, or 

4 ice from any paved sidewalk or crosswalk within the fire 

5 limits of the District of Columbia that is— 

6 ‘‘(1) in front of or adjacent to any building that 

7 is— 

8 ‘‘(A) owned by the United States; and 

9 ‘‘(B) under the jurisdiction of the Federal 

10 agency; or 

11 ‘‘(2) a public thoroughfare in front of, around, 

12 or through any public square, reservation, or open 

13 space that is— 

14 ‘‘(A) owned by the United States; and 

15 ‘‘(B) under the jurisdiction of the Federal 

16 agency. 

17 ‘‘(b) TIMING.—The removal of snow, sleet, or ice 

18 under subsection (a) shall occur within a reasonable period 

19 after the snow or sleet ceases to fall or the ice has accumu20 lated, as applicable. 

21 ‘‘(c) APPLICATION OF SAND, ASHES, AND SALT.—If 

22 snow, sleet, or ice has hardened and cannot be removed 

23 from a sidewalk or crosswalk described in subsection (a), 

24 the Federal agency shall— 

25 ‘‘(1) make the sidewalk or crosswalk reasonably 

26 safe for travel by applying sand, ashes, salt, or other 


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1 acceptable materials to the affected sidewalk or 

2 crosswalk; and 

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

4 the snow, sleet, or ice from the affected sidewalk or 

5 crosswalk. 

6 ‘‘(d) AUTHORITY TO DELEGATE.—A Federal agency 

7 may delegate the duty of the Federal agency under sub8 sections (a) and (c) to another governmental entity or a 

9 nongovernmental entity under a lease, contract, or other 

10 comparable arrangement. 

11 ‘‘(e) AGREEMENT.—If 2 or more Federal agencies 

12 have overlapping responsibility for a sidewalk or cross13 walk, the Federal agencies may enter into an agreement 

14 assigning responsibility for the removal of snow, sleet, or 

15 ice from the sidewalk or crosswalk.’’. 

16 SEC. 3. GEORGE WASHINGTON MEMORIAL PARKWAY. 

17 (a) PURPOSE.—The purpose of this section is to au18 thorize, direct, facilitate, and expedite the transfer of ad19 ministrative jurisdiction over certain Department of 

20 Transportation land and Department of the Interior land 

21 in accordance with the terms and conditions of this sec22 tion. 

23 (b) DEFINITIONS.—In this section: 

24 (1) AGREEMENT.—The term ‘‘Agreement’’ 

25 means the agreement entered into by the Federal 


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1 Highway Administration and the National Park 

2 Service on September 11, 2002, with respect to the 

3 Federal land described in this section. 

4 (2) DOI LAND.—The term ‘‘DOI land’’ means 

5 the approximately 0.342 acres of Department of the 

6 Interior land that is— 

7 (A) located within the boundary of the 

8 George Washington Memorial Parkway; and 

9 (B) generally depicted as ‘‘B’’ on the Map. 

10 (3) DOT LAND.—The term ‘‘DOT land’’ means 

11 the approximately 0.479 acres of Department of 

12 Transportation land within the boundary of the Re13 search Center that is— 

14 (A) adjacent to the boundary of the George 

15 Washington Memorial Parkway; and 

16 (B) generally depicted as ‘‘A’’ on the Map. 

17 (4) MAP.—The term ‘‘Map’’ means the map en18 titled ‘‘GWMP–Claude Moore Farm Proposed 

19 Boundary Adjustment’’, numbered 850/82003, and 

20 dated April 2004. 

21 (5) RESEARCH CENTER.—The term ‘‘Research 

22 Center’’ means the Turner-Fairbank Highway Re23 search Center of the Federal Highway Administra24 tion. 


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

2 the Secretary of the Interior. 

3 (c) ADMINISTRATIVE JURISDICTION.— 

4 (1) IN GENERAL.—The Secretary may transfer 

5 to the Secretary of Transportation administrative ju6 risdiction over the DOI land in exchange for the 

7 transfer by the Secretary of Transportation to the 

8 Secretary of administration jurisdiction over the 

9 DOT land. 

10 (2) USE RESTRICTION.— 

11 (A) IN GENERAL.—The Secretary shall re12 strict the use of the land described in subpara13 graph (B) by prohibiting the storage, construc14 tion, or installation of any item that may ob15 struct the view from the Research Center to the 

16 George Washington Memorial Parkway. 

17 (B) DESCRIPTION OF RESTRICTED

18 LAND.—The land referred to in subparagraph 

19 (A) is the approximately 0.139 acres of land 

20 within the boundary of the George Washington 

21 Memorial Parkway immediately adjacent to the 

22 north perimeter fence of the Research Center, 

23 generally depicted as ‘‘C’’ on the Map. 

24 (3) NO REIMBURSEMENT OR CONSIDER25 ATION.—No reimbursement or consideration shall be 


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1 required for the transfer of administrative jurisdic2 tion under this subsection. 

3 (4) COMPLIANCE WITH AGREEMENT.— 

4 (A) IN GENERAL.—The National Park 

5 Service and the Federal Highway Administra6 tion shall comply with all terms and conditions 

7 of the Agreement regarding the transfer of ad8 ministrative jurisdiction, management, and 

9 maintenance of the land described in the Agree10 ment. 

11 (B) ACCESS TO RESTRICTED LAND.— 

12 (i) IN GENERAL.—Subject to clauses 

13 (ii) and (iii), the Secretary shall allow the 

14 Research Center to access the land de15 scribed in paragraph (2)(B) for purposes 

16 of maintenance in accordance with Na17 tional Park Service standards, including 

18 grass mowing, weed control, tree mainte19 nance, fence maintenance, and mainte20 nance of the visual appearance of the land. 

21 (ii) PRUNING AND REMOVAL OF

22 TRESS.—No tree on the land described in 

23 paragraph (2)(B) that is 6 inches or more 

24 in diameter shall be pruned or removed 


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1 without the advance written permission of 

2 the Secretary. 

3 (iii) PESTICIDES.—The use of pes4 ticides on the land described in paragraph 

5 (2)(B) shall be approved in writing by the 

6 Secretary prior to application of the pes7 ticides. 

8 (5) AVAILABILITY OF MAP.—The Map shall be 

9 available for public inspection in the appropriate of10 fices of the National Park Service. 

11 (d) MANAGEMENT OF TRANSFERRED LAND.— 

12 (1) DOT LAND.—The DOT land transferred to 

13 the Secretary under subsection (c)(1) shall be— 

14 (A) included in the boundaries of the 

15 George Washington Memorial Parkway; and 

16 (B) administered as part of the George 

17 Washington Memorial Parkway, subject to ap18 plicable laws (including regulations). 

19 (2) DOI LAND.—The DOI land transferred to 

20 the Secretary of Transportation under subsection 

21 (c)(1) shall be— 

22 (A) included in the boundary of the Re23 search Center; and 

24 (B) removed from the boundary of the 

25 parkway. 


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1 (3) RESTRICTED-USE LAND.—The land de2 scribed in subsection (c)(2)(B) shall be maintained 

3 by the Research Center. 

4 SEC. 4. UNIFORM PENALTIES FOR VIOLATIONS ON PARK 

5 SERVICE LAND. 

6 (a) IN GENERAL.—The first section of the Act of 

7 March 2, 1933 (47 Stat. 1420, chapter 180), is amended 

8 by striking ‘‘imprisonment.’’ and inserting the following: 

9 ‘‘imprisonment, unless the violation occurs at a park, site, 

10 monument, or memorial that is part of the National Park 

11 System, in which case the violation shall be subject to the 

12 appropriate penalty under section 3 of the National Park 

13 Service Organic Act (16 U.S.C. 3) and subchapter C of 

14 chapter 227 of part II of title 18, United States Code.’’. 

15 (b) ADMINISTRATION BY SECRETARY OF INTE16 RIOR.—Section 2(k) of the Act of August 21, 1935 (16 

17 U.S.C. 462(k)), is amended by striking ‘‘proceedings.’’ 

18 and inserting the following: ‘‘proceedings, unless the viola19 tion occurs at an area that is part of the National Park 

20 System, in which case the violation shall be subject to the 

21 appropriate penalty under section 3 of the National Park 

22 Service Organic Act (16 U.S.C. 3) and subchapter C of 

23 chapter 227 of part II of title 18, United States Code.’’. 


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1 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

Æ 


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