243
(iii) CONSIDERATION
AS
MEMORIAL
SITE.—The 
parcels 
transferred 
by
sibclause (I) of clause (i) may be consid-
ered as a site for a national memorial to
Japanese American patriotism in World
War II.
(B) TRANSFERS
TO
ARCHITECT
OF
THE
CAPITOL.—Jurisdiction over the following par-
cels is transferred to the Architect of the Cap-
itol:
(i) That portion of the triangle of
Federal land in Reservation No. 204 in the
District of Columbia under the jurisdiction
of the Secretary of the Interior, including
any contiguous sidewalks, bound by Con-
stitution Avenue, N.E., on the north, the
branch of Maryland Avenue, N.E., running
in a northeast direction on the west, the
major portion of Maryland Avenue, N.E.,
on the south, and 2nd Street, N.E., on the
east, including the contiguous sidewalks.
(ii) That irregular area of Federal
land in Reservation No. 204 in the District
of Columbia under the jurisdiction of the
Secretary of the Interior, including any
244
contiguous sidewalks, northeast of the real
property described in clause (i) bound by
Constitution Avenue, N.E., on the north,
the branch of Maryland Avenue, N.E., run-
ning to the northeast on the south, and the
private property on the west known as lot
7 in square 726.
(iii) The two irregularly shaped medi-
ans lying north and east of the property
described in clause (i), located between the
north and south curbs of Constitution Ave-
nue, N.E., west of its intersection with
Second Street, N.E., all as shown in Land
Record No. 268, dated November 22,
1957, in the Office of the Surveyor, Dis-
trict of Columbia, in Book 138, Page 58.
(iv) All sidewalks under the jurisdic-
tion of the District of Columbia abutting
on and contiguous to the land described in
clauses (i), (ii), and (iii).
(C) TRANSFERS TO DISTRICT OF COLUM-
BIA.—Jurisdiction over the following parcels is
transferred to the Government of the District of
Columbia:
245
(i) That portion of New Jersey Ave-
nue, N.W., between the northernmost point
of the intersection of New Jersey Avenue,
N.W., and D Street, N.W., and the north-
ernmost point of the intersection of New
Jersey Avenue, N.W., and Louisiana Ave-
nue, N.W., between squares 631 and
W632, which remains Federal property.
(ii) That portion of D Street, N.W.,
between its intersection with New Jersey
Avenue, N.W., and its intersection with
Louisiana Avenue, N.W., between Squares
630 and W632, which remains Federal
property.
(c) MISCELLANEOUS.—
(1) COMPLIANCE WITH OTHER LAWS.—Compli-
ance with this section shall be deemed to satisfy the
requirements of all laws otherwise applicable to
transfers of jurisdiction over parcels of Federal real
property.
(2) LAW
ENFORCEMENT
RESPONSIBILITY.—
Law enforcement responsibility for the parcels of
Federal real property for which jurisdiction is trans-
ferred by subsection (b) shall be assumed by the per-
son acquiring such jurisdiction.
246
(3) UNITED STATES CAPITOL GROUNDS.—
(A) DEFINITION.—The first section of the
Act entitled ‘‘An Act to define the United
States Capitol Grounds, to regulate the use
thereof, and for other purposes’’, approved July
31, 1946 (40 U.S.C. 193a), is amended to in-
clude within the definition of the United States
Capitol Grounds the parcels of Federal real
property described in subsection (b)(2)(B).
(B) JURISDICTION OF CAPITOL POLICE.—
The United States Capitol Police shall have ju-
risdiction over the parcels of Federal real prop-
erty described in subsection (b)(2)(B) in ac-
cordance with section 9 of such Act of July 31,
1946 (40 U.S.C. 212a).
(4) EFFECT OF TRANSFERS.—A person relin-
quishing jurisdiction over a parcel of Federal real
property transferred by subsection (b) shall not re-
tain any interest in the parcel except as specifically
provided by this section.
SEC. 515. MANZANAR NATIONAL HISTORIC SITE.
(a) TERMINATION OF WITHDRAWALS.—
(1) UNAVAILABILITY OF CERTAIN LANDS.—The
Congress, by enacting the Act entitled ‘‘An Act to
establish the Manzanar National Historic Site in the
247
State of California, and for other purposes’’, ap-
proved March 3, 1992 (106 Stat. 40; Public Law
102–248), (1) provided for the protection and inter-
pretation of the historical, cultural, and natural re-
sources associated with the relocation of Japanese-
Americans during World War II and established the
Manzanar National Historic Site in the State of
California, and (2) authorized the Secretary of the
Interior to acquire lands or interests therein within
the boundary of the Historic Site by donation, pur-
chase with donated or appropriated funds, or by ex-
change. The public lands identified for disposal in
the Bureau of Land Management’s Bishop Resource
Area Resource Management Plan that could be
made available for exchange in support of acquiring
lands within the boundary of the Historic Site are
currently unavailable for this purpose because they
are withdrawn by an Act of Congress.
(2) TERMINATION OF WITHDRAWAL.—To pro-
vide a land base with which to allow land exchanges
in support of acquiring lands within the boundary of
the Manzanar National Historic Site, the withdrawal
of the following described lands is terminated and
such lands shall not be subject to the Act of March
4, 1931 (chap. 517; 46 Stat. 1530):
248
MOUNT DIABLO MERIDIAN
Township 2 North, Range 26 East
Section 7:
North half south half of lot 1 of southwest
quarter, north half south half of lot 2 of southwest
quarter, north half south half southeast quarter.
Township 4 South, Range 33 East
Section 31:
Lot 1 of southwest quarter, northwest quarter
northeast quarter, southeast quarter;
Section 32:
Southeast quarter northwest quarter, northeast
quarter southwest quarter, southwest quarter south-
east quarter.
Township 5 South, Range 33 East
Section 4:
West half of lot 1 of northwest quarter, west
half of lot 2 of northwest quarter.
Section 5:
East half of lot 1 of northeast quarter, east half
of lot 2 of northeast quarter.
Section 9:
Northwest quarter southwest quarter northeast
quarter.
Section 17:
249
Southeast quarter northwest quarter, northwest
quarter southeast quarter.
Section 22:
Lot 1 and 2.
Section 27:
Lot 2, west half northeast quarter, southeast
quarter northwest quarter, northeast quarter south-
west quarter, northwest quarter southeast quarter.
Section 34:
Northeast quarter, northwest quarter, southeast
quarter.
Township 6 South, Range 31 East
Section 19:
East half northeast quarter southeast quarter.
Township 6 South, Range 33 East
Section 10:
East half southeast quarter.
Section 11:
Lot 1 and 2, west half northeast quarter, north-
west quarter, west half southwest quarter, northeast
quarter southwest quarter.
Section 14:
Lots 1 through 4, west half northeast quarter,
southeast quarter northwest quarter, northeast quar-
250
ter southwest quarter, northwest quarter southeast
quarter.
Township 7 South, Range 32 East
Section 23:
South half southwest quarter.
Section 25:
Lot 2, northeast quarter northwest quarter.
Township 7 South, Range 33 East
Section 30:
South half of lot 2 of northwest quarter, lot 1
and 2 of southwest quarter.
Section 31:
North half of lot 2 of northwest quarter, south-
east quarter northeast quarter, northeast quarter
southeast quarter.
Township 8 South, Range 33 East
Section 5:
Northwest quarter southwest quarter.
Township 13 South, Range 34 East
Section 1:
Lots 43, 46, and 49 thru 51.
Section 2:
North half northwest quarter southeast quarter
southeast quarter.
251
Township 11 South, Range 35 East
Section 30:
Lots 1 and 2, east half northwest quarter, east
half southwest quarter, and west half southwest
quarter southeast quarter.
Section 31:
Lot 8, west half west half northeast quarter,
east half northwest quarter, and west half southeast
quarter.
Township 13, South, Range 35 East
Section 18:
South half of lot 2 of northwest quarter, lot 1
and 2 of southwest quarter, southwest quarter
northeast quarter, northwest quarter southeast quar-
ter.
Section 29:
Southeast quarter northeast quarter, northeast
quarter southeast quarter.
Township 13 South, Range 36 East
Section 17:
Southwest quarter northwest quarter, southwest
quarter.
Section 18:
252
South half of lot 1 of northwest quarter, lot 1
of southwest quarter, northeast quarter, southeast
quarter.
Section 19:
North half of lot 1 of northwest quarter, east
half northeast quarter, northwest quarter northeast
quarter.
Section 20:
Southwest quarter northeast quarter, northwest
quarter, northeast quarter southwest quarter, south-
east quarter.
Section 28:
Southwest quarter southwest quarter.
Section 29:
East half northeast quarter.
Section 33:
Northwest quarter northwest quarter, southeast
quarter northwest quarter.
Township 14 South, Range 36 East
Section 31:
Lot 1 and 2 of southwest quarter, southwest
quarter southeast quarter.
aggregating 5,630 acres, more or less.
(b) AVAILABILITY OF LANDS.—Upon enactment of
this Act, the lands specified in subsection (a) shall be open
253
to operation of the public land laws, including the mining
and mineral leasing laws, only after the Secretary of the
Interior has published a notice in the Federal Register
opening such lands.
(c) ADDITIONAL AREA.—Section 101 of Public Law
102–248 is amended by inserting in subsection (b) after
the second sentence ‘‘The site shall also include an addi-
tional area of approximately 300 acres as demarcated as
the new proposed boundaries in the map dated March 8,
1996, entitled ‘Manzanar National Historic Site Archae-
ological Base Map’.’’
SEC. 516. RECOGNITION AND DESIGNATION OF THE AIDS
MEMORIAL GROVE AS NATIONAL MEMORIAL.
(a) RECOGNITION OF SIGNIFICANCE OF THE AIDS
MEMORIAL GROVE.—The Congress hereby recognizes the
significance of the AIDS Memorial Grove, located in Gold-
en Gate Park in San Francisco, California, as a memo-
rial—
(1) dedicated to individuals who have died as a
result of acquired immune deficiency syndrome; and
(2) in support of individuals who are living with
acquired immune deficiency syndrome and their
loved ones and caregivers.
(b) DESIGNATION AS NATIONAL MEMORIAL.—Not
later than 90 days after the date of enactment of this Act,
254
the Secretary of the Interior shall designate the AIDS Me-
morial Grove as a national memorial.
TITLE VI—CIVIL AND
REVOLUTIONARY WAR SITES
SEC. 601. UNITED STATES CIVIL WAR CENTER.
(a) DESIGNATION.—The Civil War Center, located on
Raphael Semmes Drive at Louisiana State University in
Baton Rouge, Louisiana (hereinafter in this section re-
ferred to as the ‘‘center’’) shall be known and designated
as the ‘‘United States Civil War Center’’.
(b) LEGAL REFERENCES.—Any reference in any law,
regulation, paper, record, map, or any other document of
the United States to the center referred to in subsection
(b) shall be deemed to be a reference to the ‘‘United States
Civil War Center’’.
(c) FLAGSHIP INSTITUTIONS.—The center and the
Civil War Institute of Gettysburg College, located at 233
North Washington Street in Gettysburg, Pennsylvania,
shall be the flagship institutions for planning the sesqui-
centennial commemoration of the Civil War.
SEC. 602. CORINTH, MISSISSIPPI, BATTLEFIELD ACT.
(a) PURPOSE.—The purpose of this section is to pro-
vide for a center for the interpretation of the Siege and
Battle of Corinth and other Civil War actions in the Re-
gion and to enhance public understanding of the signifi-
256
(2) MARKING.—The Secretary may mark sites
associated with the Siege and Battle of Corinth Na-
tional Historic Landmark, as designated on May 6,
1991, if the sites are determined by the Secretary to
be protected by State or local governmental agencies.
(3) ADMINISTRATION.—The land and interests
in land acquired, and the facilities constructed and
maintained pursuant to this section, shall be admin-
istered by the Secretary as a part of Shiloh National
Military Park, subject to the appropriate laws (in-
cluding regulations) applicable to the Park, the Act
entitled ‘‘An Act to establish a National Park Serv-
ice, and for other purposes’’, approved August 25,
1916 (16 U.S.C. 1 et seq.), and the Act entitled ‘‘An
Act to provide for the preservation of historic Amer-
ican sites, buildings, objects, and antiquities of na-
tional significance, and for other purposes’’, ap-
proved August 21, 1935 (16 U.S.C. 461 et seq.).
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $6,000,000 for develop-
ment to carry out this section.
SEC. 603. RICHMOND NATIONAL BATTLEFIELD PARK.
(a) FINDINGS AND PURPOSE.—Section 1 of the Act
of March 2, 1936 (chapter 113, 49 Stat. 1155; 16 U.S.C.
423j), is amended to read as follows:
257
‘‘SECTION 1. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—In 1996 the Congress finds that:
‘‘(1) In 1936 the Congress established the
Richmond National Battlefield Park in and around
the city of Richmond, Virginia. The park’s boundary
was established to permit the inclusion of all mili-
tary battlefield areas related to the battles fought
during the Civil War in defense of and against the
city of Richmond. The park originally included the
area then known as the Richmond Battlefield State
Park.
‘‘(2) The total acreage of the area identified in
1936 for consideration for inclusion in the Richmond
National Battlefield Park encompasses approxi-
mately 225,000 acres in and around the city of
Richmond, Virginia. A study undertaken by the con-
gressionally authorized Civil War Sites Advisory
Committee determined that within those 225,000
acres, the historically significant areas in and
around Richmond relating to the campaigns against
and in defense of Richmond encompass approxi-
mately 38,000 acres. The National Park Service,
through its general management planning process
for Richmond National Battlefield Park, has identi-
fied approximately 7,121 acres which satisfy the Na-
tional Park Service criteria of significance, integrity,
258
feasibility, and suitability for inclusion in Richmond
National Battlefield Park.
‘‘(3) There is national interest in protecting
and preserving sites of historic significance associ-
ated with the Civil War and Richmond.
‘‘(4) The Commonwealth of Virginia and its
local units of government have authority to prevent
or minimize adverse uses of these historic resources
and can play a significant role in the protection of
the historic resources related to the battles of Rich-
mond.
‘‘(b) PURPOSES.—Therefore, it is the purpose of this
Act—
‘‘(1) to establish a revised boundary for the
Richmond National Battlefield Park based on the
findings of the Civil War Sites Advisory Committee
and the National Park Service; and
‘‘(2) to direct the Secretary of the Interior to
work in cooperation with the Commonwealth of Vir-
ginia, the city of Richmond, and other political sub-
divisions of the Commonwealth, other public entities,
and the private sector in the management, protec-
tion, and interpretation of the resources associated
with the Civil War and the Battles of Richmond in
and around the city of Richmond, Virginia.’’.
259
(b) MODIFICATION OF BOUNDARY.—Section 2 of the
Act of March 2, 1936 (chapter 113, 49 Stat. 1155; 16
U.S.C. 423k), is amended to read as follows:
‘‘SEC. 2. BOUNDARY.
‘‘The boundary of the Richmond National Battlefield
Park (hereinafter in this Act referred to as the ‘park’)
is hereby modified to comprise the lands, waters, and in-
terests in lands therein that, on the day before the date
of the enactment of this Act, were in Federal ownership
and were administered by the Secretary of the Interior as
part of the park.’’.
(c) LAND ACQUISITION.—The Act of March 2, 1936
(chapter 113, 49 Stat. 1155; 16 U.S.C. 423j and follow-
ing), is amended by adding the following new section after
section 3:
‘‘SEC. 4. LAND ACQUISITION.
‘‘(a) The Secretary is authorized to acquire any lands
and interests in lands identified in the general manage-
ment plan for the park approved June 7, 1996, and de-
picted within the area delineated as ‘Park Boundary’ on
the map entitled ‘Richmond National Battlefield Park
Boundary Map’, as numbered 367–NEFA 80026 and
dated August 1996, which shall be on file and available
for inspection in the Office of the Director of the National
Park Service, Department of the Interior.
260
‘‘(b) The Secretary is authorized to acquire the lands
identified in subsection (a) by donation, purchase with do-
nated or appropriated funds, exchange, or otherwise. Pri-
vately owned lands or the interest therein may be acquired
only with the consent of the property owner. In acquiring
lands and interest in lands under this Act, the Secretary
shall acquire the minimum Federal interests necessary to
achieve the objectives of the park.
‘‘(c) Upon acquisition by the Secretary of any lands
and interests in lands identified in subsection (a), the Sec-
retary shall revise the boundary of the park to include
those lands within the boundary of the park and shall
manage them as part of the park and consistent with the
purposes of the Act.’’.
(d) PARK MANAGEMENT AND ADMINISTRATION.—
The Act of March 2, 1936 (chapter 113; 49 Stat. 1155;
16 U.S.C. 423j and following), is amended by adding the
following new section after section 4:
‘‘SEC. 5. PARK MANAGEMENT AND ADMINISTRATION.
‘‘(a) In administering the park, the Secretary shall
interpret, for the benefit of visitors to the park and the
general public, the Battles of Richmond in the larger con-
text of the Civil War and American history, including the
causes and consequences of the Civil War and the effects
of the war on all the American people.
261
‘‘(b) The Secretary is directed to work with the Com-
monwealth of Virginia, its political subdivisions, including
the city of Richmond, private property owners, and the
private sector to develop mechanisms to protect and inter-
pret the resources identified within the boundary as de-
picted on the map identified in section 2 of this Act. In
order to carry out this section, the Secretary is authorized
to enter into cooperative agreements with the public and
private sectors to carry out the purposes of this Act, and
to find means of protecting and interpreting the historic
resources for the benefit of present and future generations
in a manner that would allow for continued private owner-
ship and use where compatible with the purposes of the
park. The Secretary is also authorized to provide technical
assistance to governmental entities, nonprofit organiza-
tions, and private property owners in the development of
comprehensive plans, land use guidelines, and other activi-
ties which are consistent with conserving the historic, cul-
tural, natural, and scenic resources found within the park
boundary.
‘‘(c) The Secretary is authorized to provide technical
assistance to the Commonwealth of Virginia, its political
subdivisions, nonprofit entities, and private property own-
ers engaged in the protection, interpretation, or com-
memoration of historically significant Civil War resources
262
located outside of the park boundary. Such technical as-
sistance does not authorize the Secretary to own or man-
age any of the resources outside the park boundary.’’.
(e) TECHNICAL AMENDMENT.—Section 3 of the Act
of March 2, 1936 (chapter 113, 49 Stat. 1156; 16 U.S.C.
423l) is amended by striking the period and inserting ‘‘,
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C.
461–467).’’.
SEC. 604. REVOLUTIONARY WAR AND WAR OF 1812 HIS-
TORIC PRESERVATION STUDY.
(a) SHORT TITLE.—This section may be cited as the
‘‘Revolutionary War and War of 1812 Historic Preserva-
tion Study Act of 1996’’.
(b) FINDINGS.—The Congress finds that—
(1) Revolutionary War sites and War of 1812
sites provide a means for Americans to understand
and interpret the periods in American history during
which the Revolutionary War and War of 1812 were
fought;
(2) the historical integrity of many Revolution-
ary War sites and War of 1812 sites is at risk be-
cause many of the sites are located in regions that
are undergoing rapid urban or suburban develop-
ment; and
263
(3) it is important, for the benefit of the United
States, to obtain current information on the signifi-
cance of, threats to the integrity of, and alternatives
for the preservation and interpretation of Revolu-
tionary War sites and War of 1812 sites.
(c) DEFINITIONS.—In this section:
(1) DIRECTOR.—The term ‘‘Director’’ means
the Director of the National Park Service.
(2) REVOLUTIONARY
WAR
SITE.—The term
‘‘Revolutionary War site’’ means a site or structure
situated in the United States that is thematically
tied with the nationally significant events that oc-
curred during the Revolutionary War.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) WAR
OF
1812
SITE.—The term ‘‘War of
1812 site’’ means a site or structure situated in the
United States that is thematically tied with the na-
tionally significant events that occurred during the
War of 1812.
(d) STUDY.—
(1) 
PREPARATION.—The 
Secretary, 
acting
through the Director, shall prepare a study of Revo-
lutionary War sites and War of 1812 sites.
264
(2) MATTERS TO BE ADDRESSED.—The study
under subsection (b) shall—
(A) identify Revolutionary War sites and
War of 1812 sites, including sites within units
of the National Park System in existence on the
date of enactment of this Act;
(B) determine the relative significance of
the sites;
(C) assess short- and long-term threats to
the integrity of the sites;
(D) provide alternatives for the preserva-
tion and interpretation of the sites by Federal,
State, and local governments, or other public or
private entities, including designation of the
sites as units of the National Park System; and
(E) research and propose land preservation
techniques.
(3) CONSULTATION.—During the preparation
of the study under paragraph (1), the Director shall
consult with—
(A) the Governor of each affected States;
(B) each affected unit of local government;
(C) State and local historic preservation
organizations;
(D) scholarly organizations; and
265
(E) such other interested parties as the
Secretary considers advisable.
(4) TRANSMITTAL
TO
CONGRESS.—Not later
than 2 years after the date on which funds are made
available to carry out the study under paragraph
(1), the Director shall transmit a report describing
the results of the study to the Committee on Re-
sources of the House of Representatives and the
Committee on Energy and Natural Resources of the
State.
(5) REPORT.—If the Director submits a report
on the study to the Director of the Office of Man-
agement and Budget, the Secretary shall concur-
rently transmit copies of the report to the Commit-
tee on Resources of the House of Representatives
and the Committee on Energy and Natural Re-
sources of the Senate.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$750,000, to remain available until expended.
SEC. 605. AMERICAN BATTLEFIELD PROTECTION PRO-
GRAM.
(a) SHORT TITLE.—This section may be cited as the
‘‘American Battlefield Protection Act of 1996’’.
266
(b) PURPOSE.—The purpose of this section is to as-
sist citizens, public and private institutions, and govern-
ments at all levels in planning, interpreting, and protect-
ing sites where historic battles were fought on American
soil during the armed conflicts that shaped the growth and
development of the United States, in order that present
and future generations may learn and gain inspiration
from the ground where Americans made their ultimate
sacrifice.
(c) PRESERVATION ASSISTANCE.—
(1) IN
GENERAL.—Using the established na-
tional historic preservation program to the extent
practicable, the Secretary of the Interior, acting
through the American Battlefield Protection Pro-
gram, shall encourage, support, assist, recognize,
and work in partnership with citizens, Federal,
State, local, and tribal governments, other public en-
tities, educational institutions, and private nonprofit
organizations in identifying, researching, evaluating,
interpreting, and protecting historic battlefields and
associated sites on a National, State, and local level.
(2) FINANCIAL
ASSISTANCE.—To carry out
paragraph (1), the Secretary may use a cooperative
agreement, grant, contract, or other generally adopt-
ed means of providing financial assistance.
267
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $3,000,000 annually to
carry out this section, to remain available until expended.
(e) REPEAL.—
(1) IN GENERAL.—This section is repealed as
of the date that is 10 years after the date of enact-
ment of this section.
(2) NO
EFFECT
ON
GENERAL
AUTHORITY.—
The Secretary may continue to conduct battlefield
studies in accordance with other authorities available
to the Secretary.
(3) UNOBLIGATED
FUNDS.—Any funds made
available under this section that remain unobligated
shall be credited to the general fund of the Treas-
ury.
SEC. 606. CHICKAMAUGA AND CHATTANOOGA NATIONAL
MILITARY PARKS.
Section 1(c) of the Act entitled ‘‘An Act to authorize
and direct the National Park Service to assist the State
of Georgia in relocating a highway affecting the Chicka-
mauga and Chattanooga National Military Park in Geor-
gia’’, approved December 24, 1987 (101 Stat. 1442), is
amended by striking ‘‘$30,000,000’’ and inserting
‘‘$51,900,000’’.
268
SEC. 607. SHENANDOAH VALLEY BATTLEFIELDS.
(a) SHORT TITLE.—This section may be cited as the
‘‘Shenandoah Valley Battlefields National Historic Dis-
trict and Commission Act of 1996’’.
(b) CONGRESSIONAL FINDINGS.—The Congress finds
that—
(1) there are situated in the Shenandoah Valley
in the Commonwealth of Virginia the sites of several
key Civil War battles;
(2) certain sites, battlefields, structures, and
districts in the Shenandoah Valley are collectively of
national significance in the history of the Civil War;
(3) in 1992, the Secretary of the Interior issued
a comprehensive study of significant sites and struc-
tures associated with Civil War battles in the Shen-
andoah Valley, and found that many of the sites
within the Shenandoah Valley possess national sig-
nificance and retain a high degree of historical in-
tegrity;
(4) the preservation and interpretation of these
sites will make a vital contribution to the under-
standing of the heritage of the United States;
(5) the preservation of Civil War sites within a
regional framework requires cooperation among local
property owners and Federal, State, and local gov-
ernment entities; and
269
(6) partnerships between Federal, State, and
local governments, the regional entities of such gov-
ernments, and the private sector offer the most ef-
fective opportunities for the enhancement and man-
agement of the Civil War battlefields and related
sites in the Shenandoah Valley.
(c) STATEMENT OF PURPOSE.—The purposes of this
section are to—
(1) preserve, conserve, and interpret the legacy
of the Civil War in the Shenandoah Valley;
(2) recognize and interpret important events
and geographic locations representing key Civil War
battles in the Shenandoah Valley, including those
battlefields associated with the Thomas J. (Stone-
wall) Jackson campaign of 1862 and the decisive
campaigns of 1864;
(3) recognize and interpret the effect of the
Civil War on the civilian population of the Shen-
andoah Valley during the war and postwar recon-
struction period; and
(4) create partnerships among Federal, State,
and local governments, the regional entities of such
governments, and the private sector to preserve, con-
serve, enhance, and interpret the nationally signifi-
270
cant battlefields and related sites associated with the
Civil War in the Shenandoah Valley.
(d) DEFINITIONS.—As used in this section:
(1) The term ‘‘District’’ means the Shenandoah
Valley Battlefields National Historic District estab-
lished by section 5.
(2) The term ‘‘Commission’’ means the Shen-
andoah Valley Battlefields National Historic District
Commission established by section 9.
(3) The term ‘‘plan’’ means the Shenandoah
Valley Battlefields National Historic District Com-
mission plan approved by the Secretary under sec-
tion 6.
(4) The term ‘‘management entity’’ means a
unit of government or nonprofit organization des-
ignated by the plan to manage and administer the
District.
(5) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(6) The term ‘‘Shenandoah Valley’’ means the
Shenandoah Valley in the Commonwealth of Vir-
ginia.
(e) SHENANDOAH
VALLEY
BATTLEFIELDS
NA-
TIONAL HISTORIC DISTRICT.—
271
(1) ESTABLISHMENT.—To carry out the pur-
poses of this section, there is hereby established the
Shenandoah Valley Battlefields National Historic
District in the Commonwealth of Virginia.
(2) BOUNDARIES.—(A) The corridor shall con-
sist of lands and interests therein as generally de-
picted on the map entitled ‘‘Shenandoah Valley Na-
tional Battlefields’’, numbered SHVA/80,000, and
dated April 1994.
(B) The District shall consist of historic trans-
portation routes linking the units depicted on the
map referred to in subparagraph (A).
(C) The map referred to in subparagraph (A)
shall be on file and available for public inspection in
the offices of the Commission, the management en-
tity, and in the appropriate offices of the National
Park Service.
(f) SHENANDOAH VALLEY BATTLEFIELDS NATIONAL
HISTORIC DISTRICT PLAN.—
(1) IN GENERAL.—The District shall be man-
aged and administered by the Commission and the
management entity in accordance with the purposes
of this Act and the Shenandoah Valley Battlefields
National Historic District Plan developed by the
272
Commission and approved by the Secretary, as pro-
vided in this subsection.
(2) SPECIFIC PROVISIONS.—The plan shall in-
clude—
(A) an inventory which includes any prop-
erty in the District which should be preserved,
restored, managed, maintained, or acquired be-
cause of its national historic significance;
(B) provisions for the protection and inter-
pretation of the natural, cultural, and historic
resources of the District consistent with the
purposes of this section;
(C) provisions for the establishment of a
management entity which shall be a unit of gov-
ernment or a private nonprofit organization
that administers and manages the District con-
sistent with the plan, and possesses the legal
ability to—
(i) receive Federal funds and funds
from other units of government or other
organizations for use in preparing and im-
plementing the management plan;
(ii) disburse Federal funds to other
units of government or other nonprofit or-
273
ganizations for use in preparing and imple-
menting the plan;
(iii) enter into agreements with the
Federal, State, or other units of govern-
ment and nonprofit organizations;
(iv) acquire lands or interests therein
by gift or devise, or by purchase from a
willing seller using donated or appropriated
funds, or by donation and no lands or in-
terests therein may be acquired by con-
demnation; and
(v) make such reasonable and nec-
essary modifications to the plan which
shall be approved by the Secretary;
(D) recommendations to the Common-
wealth of Virginia (and political subdivisions
thereof) for the management, protection, and
interpretation of the natural, cultural, and his-
torical resources of the District;
(E) identification of appropriate partner-
ships between the Federal, State, and local gov-
ernments and regional entities, and the private
sector, in furtherance of the purposes of this
section;
274
(F) locations for visitor contact and major
interpretive facilities;
(G) provisions for implementing a continu-
ing program of interpretation and visitor edu-
cation concerning the resources and values of
the District;
(H) provisions for a uniform historical
marker and wayside exhibit program in the Dis-
trict, including a provision for marking, with
the consent of the owner, historic structures
and properties that are contained within the
historic core areas and contribute to the under-
standing of the District;
(I) recommendations for means of ensuring
continued local involvement and participation in
the management, protection, and development
of the District; and
(J) provisions for appropriate living history
demonstrations and battlefield reenactments.
(3) PREPARATION OF DRAFT PLAN.—(A) Not
later than 3 years after the date on which the Com-
mission conducts its first meeting, the Commission
shall submit to the Secretary a draft plan that meets
the requirements of paragraph (2).
275
(B) Prior to submitting the draft plan to
the Secretary, the Commission shall ensure
that—
(i) the Commonwealth of Virginia,
and any political subdivision thereof that
would be affected by the plan, receives a
copy of the draft plan;
(ii) adequate notice of the availability
of the draft plan is provided through publi-
cation in appropriate local newspapers in
the area of the District; and
(iii) at least one public hearing in the
vicinity of the District is conducted by the
Commission with respect to the draft plan.
(4) REVIEW
OF
THE
PLAN
BY
THE
SEC-
RETARY.—The Secretary shall review the draft plan
submitted under paragraph (3) and, not later than
90 days after the date on which the draft plan is
submitted, shall either—
(A) approve the draft plan as the plan if
the Secretary finds that the plan, when imple-
mented, would adequately protect the signifi-
cant historical and cultural resources of the
District; or
276
(B) reject the draft plan and advise the
Commission in writing of the reasons therefore
and indicate any recommendations for revisions
that would make the draft plan acceptable.
(g) DUTIES OF THE SECRETARY.—
(1) IN
GENERAL.—(A) The Secretary may
award grants, provide technical assistance and enter
into cooperative agreements with the Commission,
management entity, other units of government, or
other persons to provide for the preservation and in-
terpretation of the natural, cultural, and historical
resources within the District.
(2) TECHNICAL
ASSISTANCE.—The Secretary
may make grants, provide technical assistance, and
enter into cooperative agreements for—
(A) the preparation and implementation of
the plan pursuant to subsection (f);
(B) interpretive and educational programs;
(C) acquiring lands or interests in lands
from willing sellers;
(D) capital projects and improvements un-
dertaken pursuant to the plan; and
(E) facilitating public access to historic re-
sources within the District.
277
(3) EARLY ACTIONS.—After enactment of this
Act but prior to approval of the plan, the Secretary
may provide technical and financial assistance for
early actions which are important to the purposes of
this Act and which protect and preserve resources in
imminent danger of irreversible damage but for the
fact of such early action.
(4) ACQUISITION
OF
LAND.—The Secretary
may acquire land and interests in lands from a will-
ing seller or donee within the District that have been
specifically identified by the Commission for acquisi-
tion by the Federal Government. No lands or inter-
ests therein may be acquired by condemnation.
(5) DETAIL.—Each fiscal year during the exist-
ence of the Commission and upon request of the
Commission, the Secretary shall detail to the Com-
mission, on a nonreimbursable basis, 2 employees of
the Department of the Interior to enable the Com-
mission to carry out the Commission’s duties under
section 9. Such detail shall be without interruption
or loss of civil service status, benefits, or privileges.
(6) REPORT.—Not later than 2 years after ap-
proval of the plan, the Secretary shall submit to
Congress a report recommending whether the Dis-
278
trict or components thereof meet the criteria for des-
ignation as a unit of the National Park Service.
(7) OTHER ASSISTANCE.—Nothing in this sec-
tion shall be deemed to prohibit the Secretary or
units of government from providing technical or fi-
nancial assistance under any other provision of law.
(h) SHENANDOAH
VALLEY
BATTLEFIELDS
NA-
TIONAL HISTORIC DISTRICT COMMISSION.—
(1) ESTABLISHMENT.—There is hereby estab-
lished the Shenandoah Valley Battlefields National
Historic District Commission.
(2) MEMBERSHIP.—The Commission shall be
composed of 19 members, to be appointed by the
Secretary as follows:
(A) 5 members representing local govern-
ments of communities in the vicinity of the Dis-
trict, appointed after the Secretary considers
recommendations made by appropriate local
governing bodies.
(B) 10 members representing property
owners within the District (1 member within
each unit of the battlefields).
(C) 1 member with demonstrated expertise
in historic preservation.
279
(D) 1 member who is a recognized histo-
rian with expertise in Civil War history.
(E) The Governor of Virginia, or a des-
ignee of the Governor, ex officio.
(F) The Director of the National Park
Service, or a designee of the Director, ex officio.
(3) APPOINTMENTS.—Members of the Commis-
sion shall be appointed for terms of 3 years. Any
member of the Commission appointed for a definite
term may serve after the expiration of the term until
the successor of the members is appointed.
(4) ELECTION OF OFFICERS.—The Commission
shall elect 1 of its members as Chairperson and 1
as Vice Chairperson. The Vice Chairperson shall
serve as Chairperson in the absence of the Chair-
person.
(5) VACANCY.—Any vacancy on the Commis-
sion shall be filled in the same manner in which the
original appointment was made, except that the Sec-
retary shall fill any vacancy within 30 days after the
vacancy occurs.
(6) QUORUM.—Any majority of the Commission
shall constitute a quorum.
(7) MEETINGS.—The Commission shall meet at
the call of the Chairperson or a majority of the
280
members of the Commission, but not less than quar-
terly. Notice of the Commission meetings and agen-
das for the meetings shall be published in local
newspapers that have a distribution throughout the
Shenandoah Valley. Meetings of the Commission
shall be subject to section 552b of title 5, United
States Code (relating to open meetings).
(8) STAFF OF THE COMMISSION.—The Commis-
sion shall have the power to appoint and fix the
compensation of such staff as may be necessary to
carry out its duties.
(9) ADMINISTRATIVE SUPPORT SERVICES.—The
Administrator of the General Services Administra-
tion shall provide to the Commission, without reim-
bursement, such administrative support services as
the Commission may request.
(10) FEDERAL
AGENCIES.—Upon request of
the Commission, the head of any Federal agency
may detail to the Commission or management entity,
without reimbursement, personnel of the agency to
assist the Commission or management entity in car-
rying out its duties and such detail shall be without
interruption or loss of civil service status, benefits,
or privileges.
281
(11) SUBPOENAS.—The Commission may not
issue subpoenas or exercise any subpoena authority.
(12) EXPENSES.—Members of the Commission
shall serve without compensation, but the Secretary
may reimburse members for expenses reasonably in-
curred in carrying out the responsibilities of the
Commission under this Act.
(13) MAILS.—The Commission may use the
United States mails in the same manner and under
the same conditions as other departments and agen-
cies of the United States.
(14) GIFTS.—The Commission may, for pur-
poses of carrying out the duties of the Commission,
seek, accept, and dispose of gifts, bequests, or dona-
tions of money, personal or real property, or services
received from any source.
(15) TERMINATION.—The Commission shall
terminate at the expiration of the 45-day period be-
ginning on the date on which the Secretary approves
the plan under subsection (f)(4).
(i) DUTIES OF THE COMMISSION.—
(1) IN GENERAL.—The Commission shall—
(A) develop the plan and draft plan re-
ferred to in subsection (f), in consultation with
the Secretary;
282
(B) assist the Commonwealth of Virginia,
and any political subdivision thereof, in the
management, protection, and interpretation of
the natural, cultural, and historical resources
within the District, except that the Commission
shall in no way infringe upon the authorities
and policies of the Commonwealth of Virginia
or any political subdivision; and
(C) take appropriate action to encourage
protection of the natural, cultural, and historic
resources within the District by landowners,
local governments, organizations, and busi-
nesses.
(j) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN
GENERAL.—From the amounts made
available to carry out the National Historic Preser-
vation Act, there are authorized to be appropriated
to the Commission not more than $250,000 annually
to remain available until expended.
(2) ASSISTANCE.—(A) From the amounts made
available to carry out the National Historic Preser-
vation Act, there are authorized to be appropriated
to the Secretary for grants and technical assistance
pursuant to subsections (g)(1), (2), and (3) not
283
more than $2,000,000 annually to remain available
until expended.
(B) The Federal share of any funds awarded
under subsection (g)(2) may not exceed the amount
of non-Federal funds provided for the preservation,
interpretation, planning, development, or implemen-
tation with respect to which the grant is awarded.
(3) LAND
ACQUISITION.—From the amounts
made available to carry out the National Historic
Preservation Act, there are authorized to be appro-
priated for land acquisition pursuant to subsection
(g)(4) not more than $2,000,000 annually to remain
available until expended.
(4) MANAGEMENT ENTITY.—From the amounts
made available to carry out the National Historic
Preservation Act, there are authorized to be appro-
priated to the management entity not more than
$500,000 annually to remain available until ex-
pended.
SEC. 608. WASHITA BATTLEFIELD.
(a) FINDINGS AND PURPOSES.—
(1) FINDINGS.—The Congress finds that—
(A) the Battle of the Washita, November
27, 1868, was one of the largest engagements
between Plains tribes and the United States
284
Army on the Southern Great Plains. The site is
a registered National Historic Landmark;
(B) Lt. Col. George A. Custer, leading the
7th United States Calvary, attacked the sleep-
ing Cheyenne village of peace chief Black Ket-
tle. Custer’s attack resulted in more than 150
Indian casualties, many of them women and
children;
(C) the Battle of the Washita symbolizes
the struggle of the Southern Great Plains tribes
to maintain their traditional lifeways and not to
submit to reservation confinement; and
(D) the Washita battle site possesses a
high degree of integrity and the cultural land-
scape is essentially intact. The Cheyenne village
site has not been altered substantially except by
periodic flooding of the Washita River.
(2) PURPOSES.—The purposes of this section
are to—
(A) recognize the importance of the Battle
of the Washita as a nationally significant ele-
ment of frontier military history and as a sym-
bol of the struggles of the Southern Great
Plains tribes to maintain control of their tradi-
tional use areas; and
285
(B) establish the site of the Battle of the
Washita as a national historic site and provide
opportunities for American Indian groups in-
cluding the Cheyenne-Arapaho Tribe to be in-
volved in the formulation of plans and edu-
cational programs for the national historic site.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—In order to provide for the
preservation and interpretation of the Battle of the
Washita, there is hereby established the Washita
Battlefield National Historic Site in the State of
Oklahoma (hereafter in this section referred to as
the ‘‘national historic site’’).
(2) BOUNDARY.—
(A) IN
GENERAL.—The national historic
site shall consist of—
(i) approximately 326 acres, as gen-
erally depicted on the map entitled
‘‘Washita Battlefield National Historic
Site’’, numbered 22,000A and dated 12/95;
and
(ii) the private lands subject to con-
servation easements referred to in sub-
section (d)(2).
286
(B) MAP.—The map referred to in sub-
paragraph (A)(i) shall be on file in the offices
of the Director of the National Park Service,
Department of the Interior, and other appro-
priate offices of the National Park Service. The
Secretary of the Interior (hereafter in this sec-
tion referred to as the ‘‘Secretary’’) may, from
time to time, make minor revisions in the
boundary of the national historic site in accord-
ance with section 7(c) of the Land and Water
Conservation Act of 1965 (16 U.S.C. 460l–4
and following).
(c) ADMINISTRATION.—
(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Director of the National Park Service,
shall manage the national historic site in accordance
with this section and the provisions of law generally
applicable to units of the National Park System, in-
cluding ‘‘An Act to establish a National Park Serv-
ice, and for other purposes’’, approved August 25,
1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), and the Act
of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–
467).
287
(2) MANAGEMENT PURPOSES.—The Secretary
shall manage the national historic site for the follow-
ing purposes, among others:
(A) To protect and preserve the national
historic site, including the topographic features
important to the battle site, artifacts and other
physical remains of the battle, and the visual
scene as closely as possible as it was at the time
of the battle.
(B) To interpret the cultural and natural
resources of the historic site, providing for pub-
lic understanding and appreciation of the area
in such manner as to perpetuate these qualities
and values for future generations.
(3) CONSULTATION AND TRAINING.—The Sec-
retary, acting through the Director of the National
Park Service, shall consult regularly with the Chey-
enne-Arapaho Tribe on the formulation of the man-
agement plan provisions referred to in subsection
(e)(5) and on preparation of educational programs
provided to the public. The Secretary is authorized
to enter into cooperative agreements with the Chey-
enne-Arapaho Tribe, its subordinate boards, commit-
tees, enterprises, and traditional leaders to further
the purposes of this Act.
288
(d) ACQUISITION OF PROPERTY.—
(1) PARK BOUNDARIES.—Within the bound-
aries of the national historic site, the Secretary is
authorized to acquire lands and interest in lands by
donation, purchase with donated or appropriated
funds, or exchange, except that—
(A) no lands or interest in lands within the
historic site may be acquired without the con-
sent of the owner thereof, and
(B) lands and interests in lands owned by
the State of Oklahoma or any political subdivi-
sion thereof may be acquired only by donation.
(2) CONSERVATION
EASEMENTS.—The Con-
gress finds that the State of Oklahoma, acting
through the Oklahoma Historical Society, will work
with local land owners to acquire and hold in per-
petuity conservation easements in the vicinity of the
national historic site as deemed necessary for the
visual and interpretive integrity of the site. The in-
tent of the easements will be to keep occupancy of
the land in private ownership and use of the land in
general agriculture.
(e) MANAGEMENT PLAN.—Within 5 years after the
date funds are made available for purposes of this section,
the Secretary, acting through the Director of the National
289
Park Service, shall prepare a general management plan
for the national historic site. The plan shall address, but
not be limited to, each of the following:
(1) A resource protection program.
(2) A visitor use plan including programs and
facilities that will be provided for public use, includ-
ing the location and cost of public facilities.
(3) A research and curation plan.
(4) A highway signing program.
(5) Involvement by the Cheyenne-Arapaho
Tribe in the formulation of educational programs for
the national historic site.
(6) Involvement by the State of Oklahoma and
other local and national entities willing to share in
the responsibilities of developing and supporting the
national historic site.
(f) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
for land acquisition and development not more than
$5,000,000.
TITLE VII—FEES
SEC. 701. SKI AREA PERMIT RENTAL CHARGE.
(a) The Secretary of Agriculture shall charge a rental
charge for all ski area permits issued pursuant to section
3 of the National Forest Ski Area Permit Act of 1986
290
(16 U.S.C. 497b), the Act of March 4, 1915 (38 Stat.
1101, chapter 144; 16 U.S.C. 497), or the 9th through
20th paragraphs under the heading ‘‘SURVEYING THE
PUBLIC LANDS’’ under the heading ‘‘UNDER THE
DEPARTMENT OF THE INTERIOR’’ in the Act of
June 4, 1897 (30 Stat. 34, chapter 2), on National Forest
System lands. Permit rental charges for permits issued
pursuant to the National Forest Ski Area Permit Act of
1986 shall be calculated as set forth in subsection (b).
Permit rental charges for existing ski area permits issued
pursuant to the Act of March 4, 1915, and the Act of
June 4, 1897, shall be calculated in accordance with those
existing permits: Provided, That a permittee may, at the
permittee’s option, use the calculation method set forth
in subsection (b).
(b)(1) The ski area permit rental charge (SAPRC)
shall be calculated by adding the permittee’s gross reve-
nues from lift ticket/year-round ski area use pass sales
plus revenue from ski school operations (LT+SS) and
multiplying such total by the slope transport feet percent-
age (STFP) on National Forest System land. That
amount shall be increased by the gross year-round revenue
from ancillary facilities (GRAF) physically located on na-
tional forest land, including all permittee or subpermittee
lodging, food service, rental shops, parking and other an-
291
cillary operations, to determine the adjusted gross revenue
(AGR) subject to the permit rental charge. The final rent-
al charge shall be calculated by multiplying the AGR by
the following percentages for each revenue bracket and
adding the total for each revenue bracket:
(A) 1.5 percent of all adjusted gross revenue
below $3,000,000;
(B) 2.5 percent for adjusted gross revenue be-
tween $3,000,000 and $15,000,000;
(C) 2.75 percent for adjusted gross revenue be-
tween $15,000,000 and $50,000,000; and
(D) 4.0 percent for the amount of adjusted
gross revenue that exceeds $50,000,000.
Utilizing the abbreviations indicated in this subsection the
ski area permit fee (SAPF) formula can be simply illus-
trated as:
SAPF = ((LT + SS) × STFP) + GRAF = AGR; AGR × % BRACKETS
(2) In cases where ski areas are only partially located
on national forest lands, the slope transport feet percent-
age on national forest land referred to in subsection (b)
shall be calculated as generally described in the Forest
Service Manual in effect as of January 1, 1992. Revenues
from Nordic ski operations shall be included or excluded
from the rental charge calculation according to the per-
centage of trails physically located on national forest land.
292
(3) In order to ensure that the rental charge remains
fair and equitable to both the United States and the ski
area permittees, the adjusted gross revenue figures for
each revenue bracket in paragraph (1) shall be adjusted
annually by the percent increase or decrease in the na-
tional Consumer Price Index for the preceding calendar
year. No later than 3 years after the date of enactment
of this Act and every 5 years thereafter the Secretary shall
submit to the Committee on Energy and Natural Re-
sources of the United States Senate and the Committee
on Resources of the United States House of Representa-
tives a report analyzing whether the ski area permit rental
charge legislated by this Act is returning a fair market
value rental to the United States together with any rec-
ommendations the Secretary may have for modifications
of the system.
(c) The rental charge set forth in subsection (b) shall
be due on June 1 of each year and shall be paid or pre-
paid by the permittee on a monthly, quarterly, annual or
other schedule as determined appropriate by the Secretary
in consultation with the permittee. Unless mutually agreed
otherwise by the Secretary and the permittee, the payment
or prepayment schedule shall conform to the permittee’s
schedule in effect prior to enactment of this Act. To re-
duce costs to the permittee and the Forest Service, the
293
Secretary shall each year provide the permittee with a
standardized form and worksheets (including annual rent-
al charge calculation brackets and rates) to be used for
rental charge calculation and submitted with the rental
charge payment. Information provided on such forms shall
be compiled by the Secretary annually and kept in the Of-
fice of the Chief, United States Forest Service.
(d) The ski area permit rental charge set forth in this
section shall become effective on June 1, 1996 and cover
receipts retroactive to June 1, 1995: Provided however,
That if a permittee has paid rental charges for the period
June 1, 1995, to June 1, 1996, under the graduated rate
rental charge system formula in effect prior to the date
of enactment of this Act, such rental charges shall be cred-
ited toward the new rental charge due on June 1, 1996.
In order to ensure increasing rental charge receipt levels
to the United States during transition from the graduated
rate rental charge system formula to the formula of this
Act, the rental charge paid by any individual permittee
shall be—
(1) for the 1995–1996 permit year, either the
rental charge paid for the preceding 1994–1995
base year or the rental charge calculated pursuant
to this Act, whichever is higher;
294
(2) for the 1996–1997 permit year, either the
rental charge paid for the 1994–1995 base year or
the rental charge calculated pursuant to this Act,
whichever is higher; and
(3) for the 1997–1998 permit year, either the
rental charge for the 1994–1995 base year or the
rental charge calculated pursuant to this Act, which-
ever is higher.
If an individual permittee’s adjusted gross revenue for the
1995–1996, 1996–1997, or 1997–1998 permit years falls
more than 10 percent below the 1994–1995 base year, the
rental charge paid shall be the rental charge calculated
pursuant to this Act.
(e) Under no circumstances shall revenue, or sub-
permittee revenue (other than lift ticket, area use pass,
or ski school sales) obtained from operations physically lo-
cated on non-national forest land be included in the ski
area permit rental charge calculation.
(f) To reduce administrative costs of ski area permit-
tees and the Forest Service the terms ‘‘revenue’’ and
‘‘sales’’, as used in this section, shall mean actual income
from sales and shall not include sales of operating equip-
ment, refunds, rent paid to the permittee by sublessees,
sponsor contributions to special events or any amounts at-
tributable to employee gratuities or employee lift tickets,
295
discounts, or other goods or services (except for bartered
goods and complimentary lift tickets) for which the per-
mittee does not receive money.
(g) In cases where an area of national forest land
is under a ski area permit but the permittee does not have
revenue or sales qualifying for rental charge payment pur-
suant to subsection (a), the permittee shall pay an annual
minimum rental charge of $2 for each national forest acre
under permit or a percentage of appraised land value, as
determined appropriate by the Secretary.
(h) Where the new rental charge provided for in sub-
section (b)(1) results in an increase in permit rental
charge greater than one-half of 1 percent of the permit-
tee’s adjusted gross revenue as determined under sub-
section (b)(1), the new rental charge shall be phased in
over a five year period in a manner providing for increases
of approximately equal increments.
(i) To reduce Federal costs in administering the pro-
visions of this Act, the reissuance of a ski area permit
to provide activities similar in nature and amount to the
activities provided under the previous permit shall not con-
stitute a major Federal action for the purposes of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4331
et seq.).
296
(j) Subject to valid existing rights, all lands located
within the boundaries of ski area permits issued prior to,
on or after the date of enactment of this Act pursuant
to authority of the Act of March 4, 1915 (38 Stat. 1101,
chapter 144; 16 U.S.C. 497), and the Act of June 4, 1897,
or the National Forest Ski Area Permit Act of 1986 (16
U.S.C. 497b) are hereby and henceforth automatically
withdrawn from all forms of appropriation under the min-
ing laws and from disposition under all laws pertaining
to mineral and geothermal leasing and all amendments
thereto. Such withdrawal shall continue for the full term
of the permit and any modification, reissuance, or renewal
thereof. Unless the Secretary requests otherwise of the
Secretary of the Interior, such withdrawal shall be can-
celed automatically upon expiration or other termination
of the permit and the land automatically restored to all
appropriation not otherwise restricted under the public
land laws.
SEC. 702. DELAWARE WATER GAP.
(a) IN GENERAL.—Effective at noon on September
30, 2005, the use of Highway 209 within Delaware Water
Gap National Recreation Area by commercial vehicles,
when such use is not connected with the operation of the
recreation area, is prohibited, except as provided in sub-
section (b).
297
(b) LOCAL BUSINESS USE PROTECTED.—Subsection
(a) does not apply with respect to the use of commercial
vehicles to serve businesses located within or in the vicinity
of the recreation area, as determined by the Secretary.
(c) CONFORMING PROVISIONS.—
(1) Paragraphs (1) through (3) of the third un-
designated paragraph under the heading ‘‘ADMIN-
ISTRATIVE PROVISIONS’’ in chapter VII of title
I of Public Law 98–63 (97 Stat. 329) are repealed,
effective September 30, 2005.
(2) Prior to noon on September 30, 2005, the
Secretary shall collect and utilize a commercial use
fee from commercial vehicles in accordance with
paragraphs (1) through (3) of such third undesig-
nated paragraph. Such fee shall not exceed $25 per
trip.
SEC. 703. VISITOR SERVICES.
(a) SHORT TITLE.—This section may be cited as the
‘‘Visitor Services Improvement and Outdoor Legacy Act
of 1996’’.
(b) PURPOSE.—The purpose of this section is to im-
prove the overall quality of the visitor recreation experi-
ence on Federal lands through increased funding provided
by an innovative and incentive-based recreation fee pro-
gram combined with an appropriation targeted to meet the
298
increasing demand for recreational use of the Federal
lands.
(c) REPEAL OF EXISTING RECREATION FEE PRO-
GRAM AND ESTABLISHMENT OF NEW RECREATION FEE
PROGRAM.—Section 4 of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–6a) is amended
to read as follows:
‘‘RECREATION FEE PROGRAM
‘‘SEC. 4. (a) PROGRAM GOALS AND POLICIES.—
‘‘(1) CONGRESSIONAL GOALS.—It is the policy
of Congress that the Federal land management
agencies develop and implement high quality recre-
ation programs adequate to meet the needs of the
American people and to fund a portion of the cost
of providing recreation services through recreation
fees.
‘‘(2) ADMINISTRATIVE POLICIES.—The admin-
istering Secretaries shall jointly issue an integrated
policy for the establishment and collection of recre-
ation fees under this section. Such policy shall—
‘‘(A) permit flexibility with regard to the
amounts charged;
‘‘(B) provide for maximization of the num-
ber of persons who pay fees to ensure that fees
remain at the lowest possible level;
299
‘‘(C) provide that comparable fees be
charged by the several Federal agencies for
similar services and facilities;
‘‘(D) provide for the establishment of fees
in a manner which is equitable among user
groups and which accounts for any other fees,
such as commercial tour fees and concession
fees, which are paid by user groups and used on
Federal lands for recreational purposes;
‘‘(E) define administrative overhead and
specify accounting procedures to ensure that
administrative overhead is not included in the
cost of visitor services provided;
‘‘(F) provide for a uniform procedure for
accounting for fees collected under this section;
and
‘‘(G) recognize the importance of the con-
venience of the public by avoiding fee programs
which are overly complex or which would re-
quire the payment of numerous fees at a par-
ticular area.
‘‘(b) DEFINITIONS.—For the purposes of this section:
‘‘(1) ADMINISTERING SECRETARIES.—The term
‘administering Secretaries’ means—
300
‘‘(A) the Secretary of Agriculture with re-
spect to the Forest Service; and
‘‘(B) the Secretary of the Interior with re-
spect to the National Park Service and Bureau
of Land Management.
‘‘(2) AGENCY.—The term ‘agency’ means an
agency referred to in paragraph (1) (A) or (B).
‘‘(3) AREA.—The term ‘area’ means an admin-
istrative area managed by an agency, such as a unit
of the National Park System or a national forest.
‘‘(4) AREA OF CONCENTRATED PUBLIC USE.—
The term ‘area of concentrated public use’ means an
area or portion of an area which—
‘‘(A) provides developed facilities or serv-
ices necessary to accommodate public use main-
tained at Federal expense;
‘‘(B) contains at least one major visitor at-
traction, including (but not limited to) a lake,
river, historical or cultural site, or geologic fea-
ture; and
‘‘(C) provides public access such that ad-
mission fees can be cost-effectively collected.
‘‘(5) RECREATION FEES.—The term ‘recreation
fees’ means admission fees, recreation use fees, and
301
fees granted to Federal agencies from States wheth-
er collected by agency personnel or others.
‘‘(6) ADMISSION FEES.—The term ‘admission
fees’ means fees charged for entry into any area des-
ignated by the administering Secretary.
‘‘(7) RECREATION USE FEES.—The term ‘recre-
ation use fees’ means the charge for specialized
recreation services or facilities furnished at Federal
Government expense, including (but not limited to)
campgrounds, boat ramps, and back country camp-
ing by permit.
‘‘(8) VISITOR
SERVICES.—The term ‘visitor
services’ means services and costs directly associated
with management of recreation visitors to Federal
lands, including (but not limited to) such programs
as maintenance of facilities which serve primarily
visitor recreation use (such as campgrounds, scenic
roads, trails, visitor centers and picnic areas), public
information and interpretation, resource protection
directly related to public use (such as stream im-
provement to improve fishing or mitigation of im-
pacts to resources resulting from visitor use), and
other activities of personnel assigned predominantly
to management of visitors or public safety programs,
but not including costs of regional and Washington
302
headquarters offices or any administrative services
such as personnel, budget and finance, and procure-
ment.
‘‘(9) CONCESSION FEES.—The term ‘concession
fees’ means fees paid to the United States pursuant
to provisions of law other than this section for the
privilege of providing concession services, fees paid
for the lease of government-owned facilities, and
non-Federal amounts paid for construction of visitor
facilities.
‘‘(c) ESTABLISHMENT.—
‘‘(1) IN
GENERAL.—In order to improve the
quality of the visitor experience on Federal lands,
the administering Secretaries shall establish and im-
plement a fee program in accordance with this sec-
tion which provides for partial recovery of the costs
of visitor services provided through admission fees,
recreation use fees, and concession fees. In carrying
out such program, the administering Secretaries are
authorized and directed to collect admission fees in
accordance with this section at areas administered
by the National Park Service and areas of con-
centrated public use. In addition, the administering
Secretaries shall collect recreation use fees at areas
under their administration.
303
‘‘(2) FACTORS IN ESTABLISHING AND ADJUST-
ING
AMOUNT
OF
FEES.—(A) All fees established
pursuant to this section shall be fair and equitable,
taking into consideration the cost to the Federal
Government, the benefits to the recipient, the public
policy or interest served, the comparable recreation
fees charged by other public and private entities, the
economic and administrative feasibility of fee collec-
tion, convenience to the recreation user, and other
pertinent factors.
‘‘(B) Any adjustments in fees shall take into
account the factors specified in subparagraph (A).
Any increases in fees shall be on an incremental
basis over time.
‘‘(3) PUBLIC
COMMENT
AND
FEDERAL
REG-
ISTER
NOTICE
ON
ADMISSION
AND
COMMERCIAL
TOUR FEES.—(A) In the case of public admission
fees, the administering Secretaries shall publish in
the Federal Register, for a 30-day comment period,
a proposed schedule of all changes to such fees not
later than six months prior to such fee changes.
‘‘(B) In the case of changes to commercial tour
fees or initiating a new commercial tour fee, the ad-
ministering Secretaries shall publish in the Federal
Register—
304
‘‘(i) for a 30-day comment period, a pro-
posed schedule of all changes in such fees not
later than 14 months prior to such fee change
or initiation; and
‘‘(ii) a final schedule not later than 12
months prior to such fee change or initiation.
‘‘(4) CONTINUATION
OF
FEE
AUTHORITY.—
Until an admission or commercial tour fee is initi-
ated and in effect under this section, the admission
or commercial tour fee at an area administered by
the agencies shall be determined in accordance with
the applicable laws in effect on the day before the
date of enactment of the Visitor Services Improve-
ment and Outdoor Legacy Act of 1996.
‘‘(5) NOTICE OF FEES.—Clear notice that a fee
has been established pursuant to this section, and
the amount thereof, shall be prominently posted at
appropriate locations in each area and shall be in-
cluded in agency publications distributed with re-
spect to such areas.
‘‘(6) FEE COLLECTION PERSONNEL.—Personnel
exclusively assigned to fee collection duties, which
are over and above the number of such personnel as-
signed exclusively to fee collection duties on the day
prior to enactment of the Visitor Services Improve-
305
ment and Outdoor Legacy Act of 1996, shall not be
counted against any full-time equivalent ceiling es-
tablished for that agency.
‘‘(d) RECREATION FEES.—
‘‘(1) ADMISSION FEES.—Reasonable admission
fees for a single visit to any designated area shall be
established by the administering Secretary. A ‘single
visit’ means a more or less continuous stay within a
designated area. Payment of a single visit admission
fee shall authorize exits from and reentries to a sin-
gle designated area for a period of from one to fif-
teen days, such period to be defined for each des-
ignated area by the administering Secretary based
on a determination of the period of time reasonably
and ordinarily necessary for such a single visit. The
entrance fee for private parties and commercial
tours shall be set in accordance with this section by
the administering Secretaries and may be adjusted,
taking into account the factors specified in sub-
section (c)(2). The Secretaries shall ensure that
where appropriate the admission fee schedule devel-
oped provides economic incentives for use of alter-
native modes of transportation, including mass
transportation, at areas experiencing high levels of
automobile traffic. The administering Secretaries are
306
authorized to implement admission fee practices
which vary by day of the week, season, expedite
entry and reduce congestion. The fee for single ad-
mission visits shall be no greater than $10 per per-
son or $25 per vehicle.
‘‘(2) ANNUAL
ADMISSION
PERMITS: GOLDEN
EAGLE PASSPORT.—
‘‘(A) GOLDEN EAGLE PASSPORT.—For ad-
mission into any area at which admission fees
are charged pursuant to this section, an admis-
sion permit, to be known as the ‘Golden Eagle
Passport’, valid for a 12-month period, shall be
available. The fee for the passport shall be set
jointly by the administering Secretaries, taking
into account the factors specified in subsection
(c)(2). The permittee and all persons accom-
panying the permittee in a single, private, non-
commercial vehicle or, alternatively, the permit-
tee and the permittee’s spouse, children, and
parents accompanying the permittee shall be
entitled to general admission into any area des-
ignated pursuant to this section. The permit
shall be nontransferable, and the unlawful use
thereof shall be punishable in accordance with
regulations established pursuant to subsection
307
(g). The permit shall be available for purchase
at any such designated area. The fee for a
Golden Eagle Passport shall be no greater than
$50.
‘‘(B) NON-FEDERAL
SALE.—The admin-
istering Secretaries may authorize units of
State or local government, organizations, busi-
nesses, and nonprofit entities to sell and collect
admission fees, including the Golden Eagle
Passport, subject to such conditions as the Sec-
retaries may jointly prescribe. The Secretaries
shall develop detailed guidelines for promotional
advertising of non-Federal passport sales and
monitor compliance with those guidelines. The
Secretaries may authorize the seller or sellers to
maintain an inventory of Golden Eagle Pass-
ports for periods not to exceed six months and
to withhold amounts up to, but not exceeding,
eight percent of the gross fees collected from
Golden Eagle Passport sales as reimbursement
for actual expenses of the sales.
‘‘(C) DISCOUNT FOR PERSONS 62 YEARS
OF
AGE
OR
OLDER.—The administering Sec-
retaries shall provide for the sale of the Golden
Eagle Passport to persons 62 years of age or
308
older at a rate which is no more than 50 per-
cent of the established rate for the Golden
Eagle Passport. Such passport shall provide the
same privileges as any other passport issued
pursuant to this subsection, except that such
passport shall cover admission only for the pur-
chaser and one accompanying individual.
‘‘(3) ANNUAL
GEOGRAPHIC
ADMISSION
PER-
MITS.—For admission into a specific designated area
or into several specific areas located in a particular
geographic region at which admission fees are
charged pursuant to this section, the administering
Secretary or Secretaries are authorized to make
available an annual admission permit. The permit
shall convey the privileges of, and shall be subject to
the same terms and conditions as, the Golden Eagle
Passport, except that it shall be valid only for ad-
mission into the specific area or areas indicated at
the time of purchase. The fee for an annual geo-
graphic admission permit shall be no greater than
$25.
‘‘(4) GOLDEN
ACCESS
PASSPORT.—The Sec-
retary of the Interior and the Secretary of Agri-
culture shall establish procedures providing for the
issuance of a lifetime admission permit to any citi-
309
zen of, or person legally domiciled in, the United
States, if such citizen or person applies for such per-
mit and is permanently disabled. Such procedures
shall ensure that a lifetime admission permit shall be
issued only to persons who have been medically de-
termined to be permanently disabled. A lifetime ad-
mission permit shall be nontransferable, shall be is-
sued without charge, and shall entitle the permittee
and one accompanying individual to general admis-
sion into any area designated pursuant to this sec-
tion, notwithstanding the method of travel.
‘‘(5) RECREATION USE FEES.—Each agency de-
veloping, administering, providing, or furnishing at
Federal expense services for such activities as camp-
ing at campgrounds with basic sanitation and public
safety services, back country camping under permit,
developed swimming sites, boat launch facilities,
group activities including picnic sites, managed
parking lots, motorized recreation use and other
recreation uses, shall in accordance with this section
provide for the collection of recreation use fees at
the place of use or any reasonably convenient loca-
tion. The administering Secretary may establish
both daily and annual recreation use fees. Fees may
not be charged by any such agency for the use, ei-
310
ther singly or in any combination, of drinking water,
wayside exhibits, overlook sites, toilet facilities, pic-
nic tables, or visitor centers for areas where admis-
sion fees are charged.
‘‘(6) COMMERCIAL TOUR USE FEE.—(A) For
each area for which an admission fee is charged
under this section, the administering Secretary shall
charge an admission fee for each vehicle entering the
area for the purpose of providing commercial tour
services. Such admission fees shall be charged on a
per vehicle basis and shall be deposited into the spe-
cial account established under subsection (e).
‘‘(B) The administering Secretary shall estab-
lish fees per commercial tour entry as follows:
‘‘(i) $25 per vehicle with a passenger ca-
pacity of 25 persons or less; and
‘‘(ii) $50 per vehicle with a passenger ca-
pacity of 26 or more persons
‘‘(C) The administering Secretary may periodi-
cally make adjustments to such fees in accordance
with subsection (c)(3)(B).
‘‘(D) At Grand Canyon, Hawaii Volcanoes, and
Haleakala National Parks only, the Secretary of the
Interior is authorized to charge a fee for aircraft
providing scenic tours of these areas. Fees for such
311
aircraft use shall be in accordance with subpara-
graph (B), except as provided in subparagraph (E).
‘‘(E) Within 12 months after the date of enact-
ment of the Visitor Services Improvement and Out-
door Legacy Act of 1996, the Secretary of the Inte-
rior and the Secretary of Transportation shall jointly
submit a report to the appropriate committees of
Congress outlining revisions to the commercial tour
fee schedule for aircraft which encourages the use of
quiet aircraft technology.
‘‘(7) TRANSPORTATION PROVIDED BY THE SEC-
RETARY.—Where the administering Secretary pro-
vides transportation to visit all or a portion of any
area, he may impose a charge for such service in lieu
of an admission fee. Collection of such fees may
occur at the transportation staging area or any rea-
sonably convenient location, whether inside or out-
side of the area boundary. The administering Sec-
retary may enter into arrangements with qualified
public or private entities pursuant to which such en-
tities may collect such fees. Such funds collected
shall be retained at the area where the service was
provided and expended for costs associated with the
transportation system. The charge imposed under
312
this paragraph shall not exceed the limits established
in subsection (d)(1).
‘‘(8) ACCESS PROVIDED BY CONCESSIONER.—
Where the primary public access to an area at which
an admission fee is charged is provided by a conces-
sioner, the administering Secretary may not charge
an admission fee.
‘‘(9) FREE ADMISSION FOR PERSONS 12 YEARS
OF AGE OR UNDER.—A person who is 12 years of
age or under shall be charged no admission fee at
any area at which admission fees are charged.
‘‘(e) ESTABLISHMENT OF ACCOUNTS AND DEPOSIT
OF RECREATION FEES.—
‘‘(1) ESTABLISHMENT.—The Secretary of the
Treasury shall establish a special account in the
Treasury for each agency which collects recreation
fees under this section. Within each such account,
the administering Secretary shall separately account
for receipts and disbursements of funds for each
area.
‘‘(2) DEPOSITS.—(A) The administering Sec-
retary shall deposit in each agency account all re-
ceipts from fees collected pursuant to this section by
any Federal agency (or by any public or private en-
tity under contract with a Federal agency).
314
ministering Secretaries, and shall be available, with-
out further appropriation, for expenditure by the
Secretary concerned to cover fee collection costs, and
shall remain available until expended. For the pur-
poses of this paragraph, for any fiscal year, the term
‘fee collection costs’ means those costs for personnel
and infrastructure directly associated with the collec-
tion of fees imposed under this section.
‘‘(4) USE
OF
SPECIAL
ACCOUNTS.—Amounts
covered into the special account for each agency dur-
ing each fiscal year shall be available after the end
of such fiscal year for appropriation for visitor serv-
ices, except as provided in paragraphs (3) and (5).
Funds credited to the special account shall remain
available until expended.
‘‘(5) AVAILABILITY OF RECREATION FEES.—(A)
Of amounts deposited in special accounts (as estab-
lished in paragraph (1)) in the Treasury for the Na-
tional Park Service, beginning in fiscal year 1998,
100 percent of the amounts earned in the previous
year in excess of the following amounts (except for
amounts made available for fee collection costs
under paragraph (3)) shall be made available to the
National Park Service without further appropriation
as follows:
316
(3), 75 percent shall be allocated among the areas
of each agency in the same proportion as fees col-
lected from that specific area bear to the total
amount of fees collected from all areas of that agen-
cy for the fiscal year. The remainder of the fees col-
lected pursuant to this section shall be allocated
among each agency’s areas on the basis of need as
determined by the Secretary. All such funds shall re-
main available until expended. Funds deposited into
accounts under this paragraph may only be used (A)
to fund visitor services on Federal lands, (B) for re-
pair, rehabilitation, or replacement of visitor use fa-
cilities, and (C) for construction of new facilities as
necessary to establish a recreation fee program at
any area.
‘‘(f) ENFORCEMENT
OF FEE COLLECTION POLI-
CIES.—In accordance with the provisions of this section,
the administering Secretaries may prescribe rules and reg-
ulations for areas under their administration for the col-
lection of any fee established pursuant to this section. Per-
sons authorized by the administering Secretaries to en-
force any such rules or regulations issued under this sec-
tion may, within areas under the administration or author-
ity of such administering Secretary and with or, if the of-
fense is committed in his presence, without a warrant, ar-
317
rest any person who violates such rules and regulations.
Any person so arrested may be tried and sentenced by the
United States magistrate specifically designated for that
purpose by the court by which he was appointed, in the
same manner and subject to the same conditions as pro-
vided in subsections (b), (c), (d), and (e) of section 3401
of title 18, United States Code. Any violations of the rules
and regulations issued under this subsection shall be pun-
ishable by a fine as provided by law.
‘‘(g) NON-FEDERAL RESERVATIONS.—The admin-
istering Secretary, under such terms and conditions as he
deems appropriate, may contract with any public or pri-
vate entity to provide visitor reservation services. Any such
contract may provide that the contractor shall be per-
mitted to deduct a commission to be fixed by the agency
head from the amount charged the public for providing
such services and to remit the net proceeds therefrom to
the contracting agency.
‘‘(h) USE OF VOLUNTEERS FOR FEE COLLECTION.—
When authorized by the administering Secretary, volun-
teers at designated areas may collect fees authorized or
established pursuant to this section. The administering
Secretary shall ensure that such volunteers have adequate
training for this purpose. The administering Secretary
may require a surety bond for any such volunteer perform-
318
ing services under this subsection. Funds available to the
collecting agency may be used to cover the cost of any
such surety bond.
‘‘(i) MITIGATION
OF
ANY
IMPACTS
OF
REC-
REATIONAL FEES
ON LOW-INCOME INDIVIDUALS.—In
carrying out this section, the administering Secretaries
shall implement such programs as are necessary to ensure
any impacts of recreational fees on low-income persons are
minimized. The administering Secretaries shall determine
any effects on low-income individuals of recreation use and
admission fees and shall jointly submit recommendations
to the Congress regarding actions to be taken to resolve
such impacts.
‘‘(j) LIMITATIONS ON FEES.—
‘‘(1) ACTIVITIES
NOT
SUBJECT
TO
FEES.—
Nothing in this section shall be construed to—
‘‘(A) authorize Federal hunting or fishing
licenses or fees;
‘‘(B) affect any rights or authority of the
States with respect to fish and wildlife;
‘‘(C) authorize the collection of fees from
any person who has a right of access for hunt-
ing or fishing privileges under a specific provi-
sion of law or treaty;
319
‘‘(D) authorize charges for commercial or
other activities not related to recreation; or
‘‘(E) authorize an admission fee or a com-
mercial tour fee at any area for organized
school groups on outings conducted for edu-
cational purposes.
‘‘(2) THROUGH
TRAVEL.—No admission fee
shall be charged for travel by private, noncommercial
vehicle or commercial tour vehicle over any national
parkway or any road or highway established as a
part of the National Federal Aid System, as defined
in section 101, title 23, United States Code, which
is commonly used by the public as a means of travel
between two places either or both of which are out-
side the area. Nor shall any fee be charged for travel
by private, noncommercial vehicle over any road or
highway to any land in which such person has any
property right if such land is within any such des-
ignated area.
‘‘(3) PERSONS
CONDUCTING
GOVERNMENTAL
BUSINESS.—No admission fee shall be charged to
persons engaged in the conduct of official Federal,
State or local government business or to others au-
thorized by the administering Secretary to conduct
administrative duties within the area.
320
‘‘(4) LIFETIME ADMISSION PERMITS.—No ad-
mission fee shall be charged under this section to
any person who possesses a lifetime admission per-
mit issued under section 4(a)(4) of this Act as in ef-
fect on the day before the date of the enactment of
the Visitor Services Improvement and Outdoor Leg-
acy Act of 1996.
‘‘(k) ANNUAL
REPORTING
REQUIREMENTS.—Re-
ports indicating the number and location of fee collection
areas, visitor use statistics, fees collected, and other perti-
nent data, shall be coordinated and compiled by the ad-
ministering Secretaries and transmitted to the Committee
on Resources of the United States House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the United States Senate. In order to enable
Congress to discern the specific benefits of this section,
the agencies shall include in the report area-specific details
on what is being accomplished with funds provided pursu-
ant to this section. These reports shall be transmitted an-
nually not later than the submission of the President’s
budget under section 1105 of title 31, United States Code,
and shall include any recommendations which the Sec-
retaries may have with respect to improving the recreation
fee program.
321
‘‘(l) EXEMPTION OF FEES.—Amounts collected under
this section which exceed the 1995 authorized recreation
receipts shall not be taken into account for the purposes
of the Act of May 23, 1908, and the Act of March 1, 1911
(16 U.S.C. 500), the Act of March 4, 1913 (16 U.S.C.
501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act
of August 8, 1937, and the Act of May 24, 1939 (43
U.S.C. 1181f et seq.), the Act of June 14, 1926 (43
U.S.C. 869–4), chapter 69 of title 31, United States Code,
section 401 of the Act of June 15, 1935 (16 U.S.C. 715s),
the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–1–4–460l–11), and any other provision of law
relating to revenue allocation.’’.
(d) CONFORMING AMENDMENTS.—(1)(A)(i) Title I of
the Department of the Interior and Related Agencies Ap-
propriations Act, 1994 is amended by striking out the
third proviso under the heading ‘‘ADMINISTRATIVE PROVI-
SIONS’’ which is under the heading ‘‘NATIONAL PARK
SERVICE’’ (related to recovery of costs associated with spe-
cial use permits).
(ii) For those recreational activities for which a fee
was charged prior to September 30, 1995, under the provi-
sion of law amended by subparagraph (A), the Secretary
may continue to charge and retain all such fees until such
park is authorized to charge and retain such fees under
322
section 4 of the Land and Water Conservation Fund Act
of 1965.
(B) Section 3 of the Act entitled ‘‘An Act to establish
a National Park Service, and for other purposes’’, ap-
proved August 25, 1916 (16 U.S.C. 3), is amended—
(i) by inserting ‘‘(a)’’ after ‘‘3.’’; and
(ii) by adding at the end the following:
‘‘(b) The Secretary shall publish regulations govern-
ing commercial or nonrecreational special uses of units of
the National Park System for which a fee is not author-
ized to be charged under section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–6), in-
cluding (but not limited to) such activities as filming, spe-
cial athletic or sporting events, weddings, cultural events
and festivals. After adoption of such regulations, the Sec-
retary may retain an amount equal to the direct adminis-
trative costs associated with issuing any permits and man-
aging such activities (including, but not limited to, person-
nel costs, clean up costs, and other special services) for
which such permit is issued. Such amounts retained shall
be credited to the appropriation current at the time, and
may only be spent for activities directly in support of the
purposes for which the permit was issued. Such amounts
retained are authorized to remain available until ex-
pended.’’.
323
(2) The following Public Laws are amended as fol-
lows:
(A) Section 5(e) of Public Law 87–657 (16
U.S.C. 459c–5(e)), as amended, is hereby repealed.
(B) Section 3(b) of Public Law 87–750 (16
U.S.C. 398e(b)) is hereby repealed.
(C) Section 4(e) of Public Law 92–589 (16
U.S.C. 460bb–3), as amended, is further amended
by striking the first sentence.
(D) Section 6(j) of Public Law 95–348 (92
Stat. 493) is hereby repealed.
(E) Section 207 of Public Law 96–199 (94
Stat. 77) is hereby repealed.
(F) Section 106 of Public Law 96–287 (94
Stat. 600) is amended by striking the last sentence.
(G) Section 204 of Public Law 96–287 (94
Stat. 601) is amended by striking the last sentence.
(H) Section 5 of Public Law 96–428 (94 Stat.
1842) is hereby repealed.
(I) Public Law 100–55 (101 Stat. 371) is here-
by repealed.
(J) Section 203 of the Alaska National Interest
Lands Conservation Act shall not apply with respect
to charging an admission fee at Denali National
Park and Preserve in Alaska.
324
(e) SAVINGS PROVISION RELATING TO AREAS AD-
MINISTERED BY THE UNITED STATES ARMY CORPS OF
ENGINEERS.—Areas at civil works projects administered
by the United States Army Corps of Engineers shall be
subject to section 4 of the Land and Water Conservation
Fund Act of 1965, as in effect immediately before the en-
actment of this Act, in lieu of being subject to the amend-
ments made by this section.
(f) APPLICABILITY
OF THIS SECTION.—Notwith-
standing any other provision of law, this section and the
amendments and repeals made by this section shall apply
to all recreation fees charged by the Forest Service, Na-
tional Park Service, and Bureau of Land Management,
except for recreation fees charged by the Forest Service
pursuant to Public Law 104–134.
SEC. 704. GLACIER BAY NATIONAL PARK.
Section 3(g) of Public Law 91–383 (16 U.S.C. 1a-
2(g)) is amended by: striking ‘‘and park programs’’ and
inserting the following at the end: ‘‘Sixty percent of the
fees paid by permittees for the privilege of entering into
Glacier Bay for the period beginning on the first full fiscal
year foll owing the date of enactment of this sentence shall
be deposited into a special account and that such funds
shall be available—
325
‘‘(1) to the extent determined necessary, to ac-
quire and preposition necessary and adequate emer-
gency response equipment to prevent harm or the
threat of harm to aquatic park resources from per-
mittees; and
‘‘(2) to conduct investigations to quantify any
effect of permittees’ activity on wildlife and other
natural resource values of Glacier Bay National
Park. The investigations provided for in this sub-
section shall be designed to provide information of
value to the Secretary, in determining any appro-
priate limitations on permittees’ activity in Glacier
Bay. The Secretary shall protect park resources
through limitations on permittees in Glacier Bay
only if the need for such limitations is based on sub-
stantial verifiable scientific information, including,
but not limited to, information made available
through the investigations under this subsection.
The Secretary may not impose any additional per-
mittee operating conditions in the areas of air,
water, and oil pollution beyond those determined and
enforced by other appropriate agencies. When com-
petitively awarding permits to enter Glacier Bay, the
Secretary may take into account the relative impact
particular permittees will have on park values and
326
resources, provided that no operating conditions or
limitations relating to noise abatement shall be im-
posed unless the Secretary determines, based on the
weight of the evidence from all available studies in-
cluding verifiable scientific information from the in-
vestigations provided for in this subsection, that
such limitations or conditions are necessary to pro-
tect park values and resources. Fees paid by certain
permittees for the privilege of entering into Glacier
Bay shall not exceed $5 per passenger. For the pur-
poses of this subsection, ‘certain permittee’ shall
mean a permittee which provides overnight accom-
modations for at least 500 passengers for an itin-
erary of at least 3 nights, and ‘permittee’ shall mean
a concessionaire providing visitor services within
Glacier Bay. Nothing in this subsection authorizes
the Secretary to require additional categories of per-
mits in Glacier Bay National Park.’’.
TITLE 
VIII—MISCELLANEOUS
ADMINISTRATIVE AND MAN-
AGEMENT PROVISIONS
SEC. 801. LIMITATION ON PARK BUILDINGS.
The 10th undesignated paragraph (relating to a limi-
tation on the expenditure of funds for park buildings)
under the heading ‘‘MISCELLANEOUS OBJECTS, DEPART-
327
MENT OF THE INTERIOR’’, which appears under the head-
ing ‘‘UNDER THE DEPARTMENT OF THE INTERIOR’’, as
contained in the first section of the Act of August 24,
1912 (37 Stat. 460), as amended (16 U.S.C. 451), is here-
by repealed.
SEC. 802. APPROPRIATIONS FOR TRANSPORTATION OF
CHILDREN.
The first section of the Act of August 7, 1946 (16
U.S.C. 17j–2), is amended by adding at the end the follow-
ing:
‘‘(j) Provide transportation for children in nearby
communities to and from any unit of the National Park
System used in connection with organized recreation and
interpretive programs of the National Park Service.’’.
SEC. 803. FERAL BURROS AND HORSES.
(a) VEHICLES AND AIRCRAFT.—Section 9 of the Act
of December 15, 1971 (16 U.S.C. 1338a), is amended by
adding at the end thereof the following: ‘‘Nothing in this
title shall be deemed to limit the authority of the Secretary
in the management of units of the National Park System,
and the Secretary may, without regard either to the provi-
sions of this title, or the provisions of section 47(a) of title
18, United States Code, use motor vehicles, fixed-wing air-
craft, or helicopters, or to contract for such use, in fur-
therance of the management of the National Park System,
328
and section 47(a) of title 18, United States Code, shall
be applicable to such use.’’.
(b) OZARK NATIONAL SCENIC RIVERWAYS.—Section
7 of the Act entitled ‘‘An Act to provide for the establish-
ment of the Ozark National Scenic Riverways in the State
of Missouri, and for other purposes’’, approved August 27,
1964 (16 U.S.C. 460m–6), is amended to read as follows:
‘‘SEC. 7. (a) The Secretary, in accordance with this
section, shall allow free-roaming horses in the Ozark Na-
tional Scenic Riverways. Within 180 days after enactment
of this section, the Secretary shall enter into an agreement
with the Missouri Wild Horse League or another qualified
nonprofit entity to provide for management of free-roam-
ing horses. The agreement shall provide for cost-effective
management of the horses and limit Federal expenditures
to the costs of monitoring the agreement. The Secretary
shall issue permits for adequate pastures to accommodate
the historic population level of the free-roaming horse
herd, which shall be not less than the number of horses
in existence on the date of the enactment of this section
nor more than 50.
‘‘(b) The Secretary may not remove, or assist in, or
permit the removal of any free-roaming horses from Fed-
eral lands within the boundary of the Ozark National Sce-
nic Riverways unless—
329
‘‘(1) the entity with whom the Secretary has
entered into the agreement under subsection (a), fol-
lowing notice and a 90-day response period, substan-
tially fails to meet the terms and conditions of the
agreement;
‘‘(2) the number of free-roaming horses exceeds
50; or
‘‘(3) in the case of an emergency or to protect
public health and safety, as defined in the agree-
ment.
‘‘(c) Nothing in this section shall be construed as cre-
ating liability for the United States for any damages
caused by the free-roaming horses to property located in-
side or outside the boundaries of the Ozark National Sce-
nic Riverways.’’.
SEC. 804. AUTHORITIES OF THE SECRETARY OF THE INTE-
RIOR RELATING TO MUSEUMS.
(a) FUNCTIONS.—The Act entitled ‘‘An Act to in-
crease the public benefits from the National Park System
by facilitating the management of museum properties re-
lating thereto, and for other purposes’’ approved July 1,
1955 (16 U.S.C. 18f), is amended—
(1) in subsection (b) of the first section, by
striking out ‘‘from such donations and bequests of
money’’; and
330
(2) by adding at the end thereof the following:
‘‘SEC. 2. ADDITIONAL FUNCTIONS.
‘‘(a) MUSEUM OBJECTS AND COLLECTIONS.—In ad-
dition to the functions specified in the first section of this
Act, the Secretary of the Interior may perform the follow-
ing functions in such manner as he shall consider to be
in the public interest:
‘‘(1) Transfer museum objects and museum col-
lections that the Secretary determines are no longer
needed for museum purposes to qualified Federal
agencies, including the Smithsonian Institution, that
have programs to preserve and interpret cultural or
natural heritage, and accept the transfer of museum
objects and museum collections for the purposes of
this Act from any other Federal agency, without re-
imbursement. The head of any other Federal agency
may transfer, without reimbursement, museum ob-
jects and museum collections directly to the adminis-
trative jurisdiction of the Secretary of the Interior
for the purpose of this Act.
‘‘(2) Convey museum objects and museum col-
lections that the Secretary determines are no longer
needed for museum purposes, without monetary con-
sideration but subject to such terms and conditions
as the Secretary deems necessary, to private institu-
331
tions exempt from Federal taxation under section
501(c)(3) of the Internal Revenue Code of 1986 and
to non-Federal governmental entities if the Secretary
determines that the recipient is dedicated to the
preservation and interpretation of natural or cultural
heritage and is qualified to manage the property,
prior to any conveyance under this subsection.
‘‘(3) Destroy or cause to be destroyed museum
objects and museum collections that the Secretary
determines to have no scientific, cultural, historic,
educational, esthetic, or monetary value.
‘‘(b) REVIEW AND APPROVAL.—The Secretary shall
ensure that museum collections are treated in a careful
and deliberate manner that protects the public interest.
Prior to taking any action under subsection (a), the Sec-
retary shall establish a systematic review and approval
process, including consultation with appropriate experts,
that meets the highest standards of the museum profes-
sion for all actions taken under this section.’’.
(b) APPLICATION AND DEFINITIONS.—The Act enti-
tled ‘‘An Act to increase the public benefits from the Na-
tional Park System by facilitating the management of mu-
seum properties relating thereto, and for other purposes’’
approved July 1, 1955 (16 U.S.C. 18f), as amended by
332
subsection (a), is further amended by adding the following
after section 2:
‘‘SEC. 3. APPLICATION AND DEFINITIONS.
‘‘(a) APPLICATION.—Authorities in this Act shall be
available to the Secretary of the Interior with regard to
museum objects and museum collections that were under
the administrative jurisdiction of the Secretary for the
purposes of the National Park System before the date of
enactment of this section as well as those museum objects
and museum collections that may be acquired on or after
such date.
‘‘(b) DEFINITION.—For the purposes of this Act, the
terms ‘museum objects’ and ‘museum collections’ mean
objects that are eligible to be or are made part of a mu-
seum, library, or archive collection through a formal proce-
dure, such as accessioning. Such objects are usually mov-
able and include but are not limited to prehistoric and his-
toric artifacts, works of art, books, documents, photo-
graphs, and natural history specimens.’’.
SEC. 805. VOLUNTEERS IN PARKS INCREASE.
Section 4 of the Volunteers in the Parks Act of 1969
(16 U.S.C. 18j) is amended by striking out ‘‘$1,000,000’’
and inserting in lieu thereof ‘‘$3,500,000’’.
333
SEC. 806. KATMAI NATIONAL PARK AGREEMENTS.
(a) IN GENERAL.—Section 3 of the Act entitled ‘‘An
Act to improve the administration of the National Park
System by the Secretary of the Interior, and to clarify the
authorities applicable to the system, and for other pur-
poses’’ approved August 18, 1970 (16 U.S.C. 1a–2), is
amended—
(1) in paragraph (i), by striking the period at
the end thereof and inserting in lieu thereof ‘‘; and’’;
and
(2) by adding at the end thereof the following:
‘‘(j) enter into cooperative agreements with public or
private educational institutions, States, and their political
subdivisions, for the purpose of developing adequate, co-
ordinated, cooperative research and training programs
concerning the resources of the National Park System,
and, pursuant to any such agreements, to accept from and
make available to the cooperator such technical and sup-
port staff, financial assistance for mutually agreed upon
research projects, supplies and equipment, facilities, and
administrative services relating to cooperative research
units as the Secretary deems appropriate; except that this
paragraph shall not waive any requirements for research
projects that are subject to the Federal procurement regu-
lations.’’.
334
(b) VOLCANOLOGICAL RESEARCH
IN KATMAI NA-
TIONAL PARK.—Title II of the Alaska National Interest
Lands Conservation Act (94 Stat. 2377 et seq.) is amend-
ed by adding at the end the following new section:
‘‘SEC. 207. VOLCANOLOGICAL RESEARCH IN KATMAI NA-
TIONAL PARK.
‘‘The Secretary of Interior shall permit personnel,
under the direction of the United States Geological Sur-
vey, to conduct research activities within Katmai National
Park for the purpose of obtaining rock and core samples
from the 1912 eruption and to make subsurface measure-
ments for volcanological research.’’.
SEC. 807. CARL GARNER FEDERAL LANDS CLEANUP DAY.
The Federal Lands Cleanup Act of 1985 (36 U.S.C.
169i–169i–1) is amended by striking the terms ‘‘Federal
Lands Cleanup Day’’ each place it appears and inserting
‘‘Carl Garner Federal Lands Cleanup Day’’.
SEC. 808. FORT PULASKI NATIONAL MONUMENT, GEORGIA.
Section 4 of the Act of June 26, 1936 (ch. 844; 49
Stat. 1979), is amended by striking ‘‘: Provided, That’’
and all that follows and inserting a period.
SEC. 809. LAURA C. HUDSON VISITOR CENTER.
(a) DESIGNATION.—The visitor center at Jean La-
fitte National Historical Park, located at 419 Rue Decatur
335
in New Orleans, Louisiana, is hereby designated as the
‘‘Laura C. Hudson Visitor Center’’.
(b) LEGAL REFERENCES.—Any reference in any law,
regulation, paper, record, map, or any other document of
the United States to the visitor center referred to in sub-
section (a) shall be deemed to be a reference to the ‘‘Laura
C. Hudson Visitor Center’’.
SEC. 810. ROBERT J. LAGOMARSINO VISITOR CENTER.
(a) DESIGNATION.—The visitor center at the Channel
Islands National Park, California, is designated as the
‘‘Robert J. Lagomarsino Visitor Center’’.
(b) LEGAL REFERENCES.—Any reference in any law,
regulation, document, record, map, or other document of
the United States to the visitor center referred to in sec-
tion 301 is deemed to be a reference to the ‘‘Robert J.
Lagomarsino Visitor Center’’.
SEC. 811. EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED
BOUNDARY OF ROCKY MOUNTAIN NATIONAL
PARK.
The Secretary of the Interior is authorized to collect
and expend donated funds and expend appropriated funds
for the operation and maintenance of a visitor center to
be constructed for visitors to and administration of Rocky
Mountain National Park with private funds on privately
owned lands located outside the boundary of the park.
336
SEC. 812. DAYTON AVIATION.
Section 201(b) of the Dayton Aviation Heritage Pres-
ervation Act of 1992 (Public Law 102–419, approved Oc-
tober 16, 1992), is amended as follows:
(1) In paragraph (2), by striking ‘‘from rec-
ommendations’’ and inserting ‘‘after consideration of
recommendations’’.
(2) In paragraph (4), by striking ‘‘from rec-
ommendations’’ and inserting ‘‘after consideration of
recommendations’’.
(3) In paragraph (5), by striking ‘‘from rec-
ommendations’’ and inserting ‘‘after consideration of
recommendations’’.
(4) In paragraph (6), by striking ‘‘from rec-
ommendations’’ and inserting ‘‘after consideration of
recommendations’’.
(5) In paragraph (7), by striking ‘‘from rec-
ommendations’’ and inserting ‘‘after consideration of
recommendations’’.
SEC. 813. PROHIBITION ON CERTAIN TRANSFERS OF NA-
TIONAL FOREST LANDS.
After the date of the enactment of this Act the Sec-
retary of Agriculture shall not transfer (by exchange or
otherwise) any lands owned by the United States and
managed by the Secretary as part of the Angeles National
Forest to any person unless the instrument of conveyance
337
contains a restriction, enforceable by the Secretary, on the
future use of such land prohibiting the use of any portion
of such land as a solid waste landfill. Such restriction shall
be promptly enforced by the Secretary when and if a viola-
tion of the restriction occurs.
SEC. 814. GRAND LAKE CEMETERY.
(a) AGREEMENT.—Notwithstanding any other law,
not later than 6 months after the date of enactment of
this Act, the Secretary of the Interior shall enter into an
appropriate form of agreement with the town of Grand
Lake, Colorado, authorizing the town to maintain perma-
nently, under appropriate terms and conditions, a ceme-
tery within the boundaries of the Rocky Mountain Na-
tional Park.
(b) CEMETERY BOUNDARIES.—The cemetery shall be
comprised of approximately 5 acres of land, as generally
depicted on the map entitled ‘‘Grand Lake Cemetery’’ and
dated February 1995.
(c) AVAILABILITY FOR PUBLIC INSPECTION.—The
Secretary of the Interior shall place the map described in
subsection (b) on file, and make the map available for pub-
lic inspection, in the headquarters office of the Rocky
Mountain National Park.
401
after referred to as the ‘‘complex’’) in the State of
Colorado. The purposes of the complex are to em-
phasize management of the Gunnison River and its
environs while managing the components of the com-
plex (the park, the conservation area, and the recre-
ation area) according to their respective purposes
and mandates; to seek out and promote efficiencies
in the management of the complex; to integrate and
coordinate planning efforts within the complex; and
as permitted by agency mandates and policies, to
utilize the resources of the involved agencies coop-
eratively to enhance public service, to resolve issues,
and to provide a focal point for public contact. The
complex shall include the following lands as depicted
on the map:
(A) The park.
(B) The conservation area.
(C) The recreation area.
(D) Those portions of lands comprising the
Gunnison National Forest as depicted on the
map.
(2) The Secretary, acting through the Director
of the National Park Service, shall manage the park,
recreation area, historic site and district; and acting
through the Director of the Bureau of Land Man-