exclusively of field employees shall not be considered
disposal of excess Federal real property under the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
(7) NOTICE.—The Secretary may not take any
action authorized pursuant to this section until 180
days after the Secretary submits a report to the ap-
propriate congressional committees respecting the au-
thority of this subsection.
(l) LEASING OF SEASONAL EMPLOYEE QUARTERS.—
(1) GENERAL
AUTHORITY.—Subject to para-
graph (2), the Secretary may lease quarters at or
near a unit of the park system for use as seasonal
quarters for field employees. The rent charged to field
employees under such a lease shall be that amount
which is equal to reasonable value.
(2) LIMITATION.—The Secretary may only issue
a lease under paragraph (1) if the Secretary finds
that there is a shortage of adequate and affordable
seasonal quarters at or near such unit and that—
(A) the requirement for such seasonal field
employee quarters is temporary; or
(B) leasing would be more cost effective
than construction of new seasonal field employee
quarters.
(3) UNRECOVERED COSTS.—The Secretary may
pay the unrecovered costs of leasing seasonal quarters
under this subsection from annual appropriations for
the year in which such lease is made.
(4) RENTAL TO NONGOVERNMENTAL PERSONS.—
The Secretary may rent seasonal quarters on Govern-
ment lands to nongovernment persons during those
times that such units are not required for seasonal
employees, except that the Secretary may only rent
such quarters if the Secretary determines the rent ex-
ceeds the cost of providing such quarters.
(m) SURVEY
OF EXISTING FACILITIES.—The Sec-
retary shall—
(1) complete a condition assessment for all field
employee housing, including the physical condition of
such housing and the necessity and suitability of such
housing for the effective prosecution of the agency
mission, using existing information; and
(2) develop a agency-wide priority listing, by
structure, identifying those units in greatest need for
repair, rehabilitation, replacement, or initial con-
struction.
(n) USE OF HOUSING-RELATED FUNDS.—Expendi-
ture of any funds authorized and appropriated for new con-
struction, repair, or rehabilitation of housing under this
section shall follow the housing priority listing established
by the agency under subsection (m), in sequential order,
to the maximum extent practicable.
(o) ANNUAL BUDGET SUBMITTAL.—The President’s
proposed budget to Congress for the first fiscal year begin-
ning after enactment of this Act, and for each subsequent
fiscal year, shall include for each agency under this section,
identification of nonconstruction funds to be spent for hous-
ing maintenance and operations which are in addition to
rental receipts collected.
(p) EMPLOYEE
TRANSPORTATION.—The Secretary
may use applicable appropriations of the National Park
System for transportation to and from work, outside of reg-
ular working hours, of field employees, residing in or near
a national park system unit, such transportation to be be-
tween the unit and the city, or intervening points, at rea-
sonable rates to be determined by the Secretary taking into
consideration, among other factors, comparable rates
charged by transportation companies in the locality for
similar services, the amounts collected for such transpor-
tation to be credited to the current appropriation account
available for administration of the park system unit con-
cerned and shall be available to the Secretary for obligation
or expenditure, notwithstanding section 1341 of title 31,
United States Code, for administration of such unit. Any
surplus proceeds shall be retained by the agency for those
purposes until expended. If adequate transportation facili-
ties are available, or shall be available by any common car-
rier, at reasonable rates, then and in that event the services
contemplated by this subsection shall not be offered.
(q) STUDY OF HOUSING ALLOWANCES.—Within 12
months after the date of enactment of this Act, the Secretary
shall conduct a study to determine the feasibility of provid-
ing eligible employees of the National Park Service with
housing allowances rather than government housing. The
study shall specifically examine the feasibility of providing
rental subsidies to temporary and lower paid permanent
employees. Whenever the Secretary submits a copy of such
study to the Office of Management and Budget, he shall con-
currently transmit copies of the report to the Resources
Committee of the United States House of Representatives
and the Committee on Energy and Natural Resources of
the United States Senate.
(r) GENERAL PROVISIONS.—
(1) CONSTRUCTION
LIMITATIONS
ON
FEDERAL
LANDS.—The Secretary may not utilize any lands for
the purposes of providing field employee housing
under this section which could impact primary re-
source values of the area or adversely affect the mis-
sion of the agency. Any construction carried out
under this section shall be fully consistent with ap-
proved land management agency plans.
(2) RENTAL RATES.—
(A) ESTABLISHMENT.—The Secretary shall
establish reasonable value rental rates for all
quarters occupied by field employees of land
management agencies.
(B) ANNUAL ADJUSTMENTS.—The Secretary
may annually make an adjustment for a cal-
endar year in the rental rates established under
paragraph (1). Such adjustment may not exceed
the Department of Labor’s then applicable
Consumer Price Index Residential Rent Series
annual adjustment factor except for increases at-
tributable to utility rates and other Government
provided services and improvements provided by
the United States.
(3) AVAILABILITY OF QUARTERS.—In carrying
out this section and section 5911 of title 5, United
States Code, with respect to land management agen-
cies, the Secretary shall determine the availability of
quarters on the basis of the existence, within reason-
able commuting range of well-constructed and main-
tained housing suitable to the individual and family
needs of the field employee at a reasonable value.
(4) EXEMPTION FROM NPS LEASING REQUIRE-
MENTS.—The provisions of section 5 of the Act of
July 15, 1968 (82 Stat. 354, 356; 16 U.S.C. 460l-22)
shall not apply to the issuance by the Secretary of
leases under this section.
(s) PROCEEDS.—The proceeds from any lease under
subsection (g)(1)(A)(i), any sale or lease under subsection
(k)(1), and any lease of seasonal quarters under subsection
(l), may, notwithstanding section 3302 of title 31, United
States Code, be retained by the land management agency
entering into such sale or lease. Such proceeds shall be cred-
ited to the current appropriation account available for pay-
ment of costs related to the housing program, including ad-
ministration, maintenance, repair, rehabilitation, and con-
struction activities. Such proceeds shall be available to the
agency, notwithstanding section 1341 of title 31, United
States Code, for obligation or expenditure by the agency for
such purposes and shall be retained by the agency for those
purposes until expended.
(t) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘essential amenities’’ means day
care, laundromats, and recreational facilities and
such other amenities as the Secretary deems appro-
priate.
(2) The term ‘‘field employee’’ means an em-
ployee who is exclusively assigned to perform duties
at a field unit and does not include any person as-
signed to any regional or other central office. A field
employee shall include Government employees, volun-
teers, concession employees, school teachers, cooperat-
ing association personnel and other essential coopera-
tors.
(3) The term ‘‘land management agency’’ means
the National Park Service, Department of the Inte-
rior.
(4) The term ‘‘primary resource values’’ means
resources which are specifically mentioned in the ena-
bling legislation for that field unit or other resource
value recognized under Federal statute.
(5) The term ‘‘quarters’’ means quarters owned
or leased by the Government.
(6) The term ‘‘seasonal quarters’’ means quarters
typically occupied by field employees who are hired
on assignments of 180 days or less.
SEC. 3. MINOR BOUNDARY REVISION AUTHORITY.
Section 7(c) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 4601–9(c)) is amended as fol-
lows:
(1) In the first sentence, by striking ‘‘Committee
on Natural’’ and inserting ‘‘Committee on’’.
(2) By striking ‘‘: Provided, however,’’ and all
that follows through ‘‘1965’’ and inserting the follow-
ing after the first sentence: ‘‘In all cases except the
case of technical boundary revisions (resulting from
such causes as survey error or changed road align-
ments), the authority of the Secretary under clause (i)
shall apply only if each of the following conditions is
met:
‘‘(1) The sum of the total acreage of lands, wa-
ters, and interests therein to be added to the area and
the total such acreage to be deleted from the area is
not more than 5 percent of the total Federal acreage
authorized to be included in the area and is less than
200 acres in size.
‘‘(2) The acquisition, if any, is not a major Fed-
eral action significantly affecting the quality of the
human environment, as determined by the Secretary.
‘‘(3) The sum of the total appraised value of the
lands, water, and interest therein to be added to the
area and the total appraised value of the lands, wa-
ters, and interests therein to be deleted from the area
does not exceed $750,000.
‘‘(4) The proposed boundary revision is not an
element of a more comprehensive boundary modifica-
tion proposal.
‘‘(5) The proposed boundary has been subject to
a public review and comment period.
‘‘(6) The Director of the National Park Service
obtains written support for the boundary modifica-
tion from all property owners whose lands, water, or
interests therein, or a portion of whose lands, water,
or interests therein, will be added to or deleted from
the area by the boundary modification.
Minor boundary revisions involving only deletions of
acreage owned by the Federal Government and ad-
ministered by the National Park Service may be
made only by Act of Congress.’’.
SEC. 4. AUTHORIZATION FOR CERTAIN PARK FACILITIES TO
BE LOCATED OUTSIDE OF UNITS OF THE NA-
TIONAL PARK SYSTEM.
Section 4 of the Act entitled ‘‘An Act to improve the
administration of the national park system by the Sec-
retary of the Interior, and to clarify the authorities applica-
ble to the system, and for other purposes’’ approved August
18, 1970 (16 U.S.C. 1a–1 et seq.), is amended to read as
follows:
‘‘SEC. 4. AUTHORIZATION FOR PARK FACILITIES OUTSIDE
BOUNDARIES OF SYSTEM UNITS.
‘‘(a) AUTHORITY.—In order to facilitate the adminis-
tration of the national park system, the Secretary of the
Interior is authorized, under such terms and conditions as
he may deem advisable, to establish essential facilities for
park administration, visitor use, and park employee resi-
dential housing outside the boundaries, but within the vi-
cinity, of units of the national park system for purposes
of assuring conservation, visitor use, and proper manage-
ment of such units. Such facilities, and the use thereof, shall
be in conformity with approved plans for the unit con-
cerned. The Secretary shall use existing facilities wherever
feasible. Such facilities may only be constructed by the Sec-
retary upon finding that location of such facilities would—
‘‘(1) avoid undue degradation of the primary
natural or cultural resources within the unit;
‘‘(2) enhance service to the public; or
‘‘(3) provide a cost saving to the Federal Govern-
ment.
‘‘(b) AGREEMENTS, LEASES, GUIDELINES, AND CON-
STRUCTION.—For the purpose of establishing facilities
under subsection (a):
‘‘(1) The Secretary may enter into agreements
permitting the Secretary to use for such purposes
those Federal lands that the head of a Federal agency
having primary authority over the administration of
such land and the Secretary determine to be suitable
for such use.
‘‘(2) The Secretary, under such terms and condi-
tions as the Secretary determines are reasonable, may
lease or acquire (from willing sellers only) by pur-
chase or donation, real property (other than Federal
land), for the purposes specified in this section.
‘‘(3) For real property acquired pursuant to
paragraph (2), the Secretary shall establish written
guidelines setting forth criteria to be used in deter-
mining whether the acquisition would—
‘‘(A) reflect unfavorably upon the ability of
the Department or an employee to carry out its
responsibilities or official duties in a fair and
objective manner; or
‘‘(B) compromise the integrity, or the ap-
pearance of integrity, of the Department’s pro-
grams or of any official involved in those pro-
grams.
‘‘(4) The Secretary may construct, operate, and
maintain such permanent and temporary buildings
and facilities as the Secretary deems appropriate on
land which is in the vicinity of any unit of the na-
tional park system for which the Secretary has ac-
quired authority under this section, except that the
Secretary may not begin construction, operation, or
maintenance of buildings or facilities on land not
owned by the United States until the owner of such
lands has entered into a binding agreement with the
Secretary, the terms of which assure the continued use
of such buildings and facilities for a period of time
commensurate with the level of Federal investment.
‘‘(c) COOPERATIVE AGREEMENTS
AND JOINT VEN-
TURES FOR INFRASTRUCTURE FACILITIES.—The Secretary
is authorized to enter into cooperative agreements or joint
ventures with local or State governmental agencies, other
Federal agencies, Indian Tribes, and private entities either
on or off the lands subject to the jurisdiction of the Sec-
retary, to provide appropriate and necessary utility and
other infrastructure facilities in support of park adminis-
tration, visitor use, and park employee residential hous-
ing.’’.
SEC. 5. ELIMINATION OF UNNECESSARY CONGRESSIONAL
REPORTING REQUIREMENTS.
(a) REPEALS.—The following provisions are hereby re-
pealed:
(1) Section 302(c) of the Act entitled ‘‘An Act to
authorize the establishment of the Chattahoochee River
National Recreation Area in the State of Georgia,
tional Park Service, the National Park System, and
programs administered by the National Park Service.
The Board shall advise the Director on matters sub-
mitted to the Board by the Director as well as any
other issues identified by the Board. Members of the
Board shall be appointed on a staggered term basis
by the Secretary for a term not to exceed 4 years and
shall serve at the pleasure of the Secretary. The Board
shall be comprised of no more than 12 persons, ap-
pointed from among citizens of the United States hav-
ing a demonstrated commitment to the mission of the
National Park Service. Board members shall be se-
lected to represent various geographic regions, includ-
ing each of the administrative regions of the National
Park Service. At least 6 of the members shall have
outstanding expertise in 1 or more of the following
fields: history, archeology, anthropology, historical or
landscape architecture, biology, ecology, geology, ma-
rine science, or social science. At least 4 of the mem-
bers shall have outstanding expertise and prior expe-
rience in the management of national or State parks
or protected areas, or national or cultural resources
management. The remaining members shall have out-
standing expertise in 1 or more of the areas described
above or in another professional or scientific dis-
cipline, such as financial management, recreation use
management, land use planning or business manage-
ment, important to the mission of the National Park
Service. At least 1 individual shall be a locally elected
official from an area adjacent to a park. The Board
shall hold its first meeting by no later than 60 days
after the date on which all members of the Advisory
Board who are to be appointed have been appointed.
Any vacancy in the Board shall not affect its powers,
but shall be filled in the same manner in which the
original appointment was made. The Board may
adopt such rules as may be necessary to establish its
procedures and to govern the manner of its oper-
ations, organization, and personnel. All members of
the Board shall be reimbursed for travel and per diem
in lieu of subsistence expenses during the performance
of duties of the Board while away from home or their
regular place of business, in accordance with sub-
chapter 1 of chapter 57 of title 5, United States Code.
With the exception of travel and per diem as noted
above, a member of the Board who is otherwise an
officer or employee of the United States Government
shall serve on the Board without additional com-
pensation.’’.
(2) By redesignating subsections (b) and (c) as
(f) and (g) and by striking from the first sentence of
subsection (f), as so redesignated ‘‘1995’’ and insert-
ing in lieu thereof ‘‘2006’’.
(3) By adding the following new subsections
after subsection (a):
‘‘(b)(1) The Secretary is authorized to hire 2 full-time
staffers to meet the needs of the Advisory Board.
‘‘(2) Service of an individual as a member of the
Board shall not be considered as service or employment
bringing such individual within the provisions of any Fed-
eral law relating to conflicts of interest or otherwise impos-
ing restrictions, requirements, or penalties in relation to
the employment of persons, the performance of services, or
the payment or receipt of compensation in connection with
claims, proceedings, or matters involving the United States.
Service as a member of the Board, or as an employee of
the Board, shall not be considered service in an appointive
or elective position in the Government for purposes of sec-
tion 8344 of title 5, United States Code, or comparable pro-
visions of Federal law.
‘‘(c)(1) Upon request of the Director, the Board is au-
thorized to—
‘‘(A) hold such hearings and sit and act at such
times,
‘‘(B) take such testimony,
‘‘(C) have such printing and binding done,
‘‘(D) enter into such contracts and other ar-
rangements,
‘‘(E) make such expenditures, and
‘‘(F) take such other actions,
as the Board may deem advisable. Any member of the
Board may administer oaths or affirmations to witnesses
appearing before the Board.
‘‘(2) The Board may establish committees or sub-
committees. Any such subcommittees or committees shall be
chaired by a voting member of the Board.
‘‘(d) The provisions of the Federal Advisory Committee
Act shall apply to the Board established under this section
with the exception of section 14(b).
‘‘(e)(1) The Board is authorized to secure directly from
any office, department, agency, establishment, or instru-
mentality of the Federal Government such information as
the Board may require for the purpose of this section, and
each such officer, department, agency, establishment, or in-
strumentality is authorized and directed to furnish, to the
extent permitted by law, such information, suggestions, esti-
mates, and statistics directly to the Board, upon request
made by a member of the Board.
‘‘(2) Upon the request of the Board, the head of any
Federal department, agency, or instrumentality is author-
ized to make any of the facilities and services of such de-
partment, agency, or instrumentality to the Board, on a
nonreimbursable basis, to assist the Board in carrying out
its duties under this section.
‘‘(3) The Board may use the United States mails in
the same manner and under the same conditions as other
departments and agencies in the United States.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the National Park System
Advisory Board $200,000 per year to carry out the provi-
sions of section 3 of the Act of August 21, 1935 (49 Stat.
667; 16 U.S.C. 463).
(c) EFFECTIVE DATE.—This section shall take effect
on December 7, 1997.
SEC. 8. CHALLENGE COST-SHARE AGREEMENT AUTHORITY.
(a) DEFINITIONS.—For purposes of this section—
(1) The term ‘‘challenge cost-share agreement’’
means any agreement entered into between the Sec-
retary and any cooperator for the purpose of sharing
costs or services in carrying out authorized functions
and responsibilities of the Secretary of the Interior
with respect to any unit or program of the National
Park System (as defined in section 2(a) of the Act of
August 8, 1953 (16 U.S.C. 1c(a))), any affiliated
area, or any designated National Scenic or Historic
Trail.
(2) The term ‘‘cooperator’’ means any State or
local government, public or private agency, organiza-
tion, institution, corporation, individual, or other en-
tity.
(b) CHALLENGE
COST-SHARE
AGREEMENTS.—The
Secretary of the Interior is authorized to negotiate and
enter into challenge cost-share agreements with cooperators.
(c) USE OF FEDERAL FUNDS.—In carrying out chal-
lenge cost-share agreements, the Secretary of the Interior is
authorized to provide the Federal funding share from any
funds available to the National Park Service.
SEC. 9. COST RECOVERY FOR DAMAGE TO NATIONAL PARK
RESOURCES.
Public Law 101–337 is amended as follows:
(1) In section 1 (16 U.S.C. 19jj), by amending
subsection (d) to read as follows:
‘‘(d) ‘Park system resource’ means any living or non-
living resource that is located within the boundaries of a
unit of the National Park System, except for resources
owned by a non-Federal entity.’’.
(2) In section 1 (16 U.S.C. 19jj) by adding at
the end thereof the following: