105TH CONGRESS
2D SESSION
H. R. 1728
AN ACT
To provide for the development of a plan and a management
review of the National Park System and to reform the
process by which areas are considered for addition to
the National Park System, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Park System
New Area Studies Act’’.
SEC. 2. STUDY OF NEW PARK SYSTEM AREAS.
Section 8 of Public Law 91–383 (16 U.S.C. 1a–5;
popularly known as the National Park System General
Authorities Act) is amended as follows:
(1) By inserting ‘‘GENERAL AUTHORITY.—’’
after ‘‘(a)’’.
(2) By striking the second through the seventh
sentences of subsection (a).
(3) By designating the last two sentences of
subsection (a) as subsection (e) and inserting in the
first of such sentences before the words ‘‘For the
purposes of carrying’’ the following: ‘‘(e) AUTHOR-
IZATION OF APPROPRIATIONS.—’’.
(4) By inserting the following after subsection
(a):
‘‘(b) STUDIES
OF AREAS
FOR POTENTIAL ADDI-
TION.—(1) At the beginning of each calendar year, along
with the annual budget submission, the Secretary of the
Interior shall submit to the Committee on Resources of
the House of Representatives and to the Committee on
Energy and Natural Resources of the United States Sen-
ate a list of areas recommended for study for potential
inclusion in the National Park System.
‘‘(2) In developing the list to be submitted under this
subsection, the Secretary shall give consideration to those
areas that have the greatest potential to meet the estab-
lished criteria of national significance, suitability, and fea-
sibility. The Secretary shall give special consideration to
themes, sites, and resources not already adequately rep-
resented in the National Park System.
‘‘(3) No study of the potential of an area for inclusion
in the National Park System may be initiated after the
date of enactment of this subsection, except as provided
by specific authorization of an Act of Congress.
‘‘(4) Nothing in this Act shall limit the authority of
the National Park Service to conduct preliminary resource
assessments, gather data on potential study areas, provide
technical and planning assistance, prepare or process
nominations for administrative designations, update pre-
vious studies, or complete reconnaissance surveys of indi-
vidual areas requiring a total expenditure of less than
$25,000.
‘‘(5) Nothing in this section shall be construed to
apply to or to affect or alter the study of any river segment
for potential addition to the national wild and scenic rivers
system or to apply to or to affect or alter the study of
any trail for potential addition to the national trails sys-
tem.
‘‘(c) REPORT.—(1) The Secretary of the Interior
shall complete the study for each area for potential inclu-
sion in the National Park System within 3 complete fiscal
years following the date of enactment of specific legislation
providing for the study of such area. Each study under
this section shall be prepared with appropriate opportunity
for public involvement, including at least one public meet-
ing in the vicinity of the area under study, and after rea-
sonable efforts to notify potentially affected landowners
and State and local governments.
‘‘(2) In conducting the study, the Secretary shall con-
sider whether the area under study—
‘‘(A) possesses nationally significant natural or
cultural resources and represents one of the most
important examples of a particular resource type in
the country; and
‘‘(B) is a suitable and feasible addition to the
system.
‘‘(3) Each study—
‘‘(A) shall consider the following factors with
regard to the area being studied—
‘‘(i) the rarity and integrity of the re-
sources;
‘‘(ii) the threats to those resources;
‘‘(iii) similar resources are already pro-
tected in the National Park System or in other
public or private ownership;
‘‘(iv) the public use potential;
‘‘(v) the interpretive and educational po-
tential;
‘‘(vi) costs associated with acquisition, de-
velopment and operation;
‘‘(vii) the socioeconomic impacts of any
designation;
‘‘(viii) the level of local and general public
support; and
‘‘(ix) whether the area is of appropriate
configuration to ensure long-term resource pro-
tection and visitor use;
‘‘(B) shall consider whether direct National
Park Service management or alternative protection
by other public agencies or the private sector is ap-
propriate for the area;
‘‘(C) shall identify what alternative or combina-
tion of alternatives would in the professional judg-
ment of the Director of the National Park Service
be most effective and efficient in protecting signifi-
cant resources and providing for public enjoyment;
and
‘‘(D) may include any other information which
the Secretary deems to be relevant.
‘‘(4) Each study shall be completed in compliance
with the National Environmental Policy Act of 1969.
‘‘(5) The letter transmitting each completed study to
Congress shall contain a recommendation regarding the
Secretary’s preferred management option for the area.
‘‘(d) LIST OF AREAS.—At the beginning of each cal-
endar year, along with the annual budget submission, the
Secretary of the Interior shall submit to the Committee
on Resources of the House of Representatives and to the
Committee on Energy and Natural Resources of the
United States Senate a list of areas which have been pre-
viously studied which contain primarily historical re-
sources, and a list of areas which have been previously
studied which contain primarily natural resources, in nu-
merical order of priority for addition to the National Park
System. In developing the lists, the Secretary should con-
sider threats to resource values, cost escalation factors,
and other factors listed in subsection (c) of this section.
The Secretary should only include on the lists areas for
which the supporting data is current and accurate.’’.
(5) By adding at the end of subsection (e) (as
designated by paragraph (3) of this section) the fol-
lowing: ‘‘For carrying out subsections (b) through