IIA
103D CONGRESS
2D SESSION
H. R. 4476
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 28 (legislative day, SEPTEMBER 12), 1994
Received
OCTOBER 8 (legislative day, SEPTEMBER 12), 1994
Read twice and referred to the Committee on Energy and Natural Resources
AN ACT
To provide for the development of a plan and a management
review of the National Park System and to reform the
process by which areas are considered for addition to
the National Park System, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Park System
Reform Act of 1994’’.
TITLE I—NATIONAL PARK
SYSTEM PLAN
SEC. 101. PREPARATION OF NATIONAL PARK SYSTEM PLAN.
(a) PREPARATION OF PLAN.—The Secretary of the
Interior (hereinafter in this Act referred to as the ‘‘Sec-
retary’’), acting through the Director of the National Park
Service, shall prepare a National Park System Plan (here-
inafter in this Act referred to as the ‘‘plan’’) to guide the
direction of the National Park System into the next cen-
tury. The plan shall include each of the following:
(1) A statement of goals and objectives for use
in defining the mission and role of the National
Park Service in preserving our national natural and
cultural heritage, relative to other efforts at the
Federal, State, local, and private levels.
(2) Detailed criteria to be used in determining
which natural and cultural resources are appropriate
for inclusion as units of the National Park System.
(3) Identification of what constitutes adequate
representation of a particular resource type and
which aspects of the national heritage are adequately
represented in the existing National Park System or
in other protected areas.
(4) Identification of appropriate aspects of the
national heritage not currently represented in the
National Park System.
(5) Priorities of the themes and types of re-
sources which should be added to the National Park
System in order to provide more complete represen-
tation of our Nation’s heritage.
(6) A statement of the role of the National
Park Service with respect to such topics as preserva-
tion of natural areas and ecosystems, preservation of
industrial America, preservation of nonphysical cul-
tural resources, and provision of outdoor recreation
opportunities.
(7) A statement of what areas constitute units
of the National Park System and the distinction be-
tween units of the system, affiliated areas, and other
areas within the system.
(b) CONSULTATION.—During the preparation of the
plan under subsection (a), the Secretary shall consult with
other Federal land managing agencies, State and local of-
ficials, the National Park System Advisory Board, re-
source management, recreation and scholarly organiza-
tions and other interested parties as the Secretary deems
advisable. These consultations shall also include appro-
priate opportunities for public review and comment.
(c) TRANSMITTAL TO CONGRESS.—Prior to the end
of the third complete fiscal year commencing after the
date of enactment of this Act, the Secretary shall transmit
the plan developed under this section to the Committee
on Natural Resources of the United States House of Rep-
resentatives and the Committee on Energy and Natural
Resources of the United States Senate.
SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK SYS-
TEM.
(a) REVIEW.—(1) Using the National Park System
Plan prepared pursuant to section 101 as a guide, the Sec-
retary shall review the existing National Park System to
determine whether there are more appropriate alternatives
for managing specific units or portions of units within the
system, including partnerships or direct management by
States, local governments, other agencies and the private
sector. The Secretary shall develop a report which contains
a list of areas within the National Park System where Na-
tional Park Service management should be modified or
terminated.
(2) In developing the list under paragraph (1), the
Secretary shall consider such factors as duplication within
the National Park System, better representation of a par-
ticular resource type under management of another entity,
lack of significance, lack of management feasibility, cost,
lack of visitor accessibility, modifications that change the
character of the resource, lack of collaboration to protect
resources, suitability for management by another agency,
and the compatibility of the resource with the present mis-
sion and role of the National Park Service.
(3) For any areas for which termination of National
Park Service management is recommended, the Secretary
shall make recommendations regarding management by an
entity or entities other than the National Park Service.
For any area determined to have national significance,
prior to including such area on the list under paragraph
(1) the Secretary shall identify feasible alternatives to Na-
tional Park Service management which will protect the re-
sources thereof and assure continued public access there-
to.
(b) CONSULTATION.—In developing the list referred
to in subsection (a), the Secretary shall consult with other
Federal land managing agencies, State and local officials,
the National Park System Advisory Board, resource man-
agement, recreation and scholarly organizations and other
interested parties as the Secretary deems advisable. These
consultations shall also include appropriate opportunities
for public review and comment.
(c) TRANSMITTAL TO CONGRESS.—Not later than 1
year after the Secretary completes the plan referred to in
section 101 of this Act, the Secretary shall transmit the
report developed under this section simultaneously to the
Natural Resources Committee of the United States House
of Representatives and the Committee on Energy and
Natural Resources of the United States Senate. The re-
port shall contain the recommendations of the Secretary
concerning modifications or termination of National Park
Service management for any areas within the National
Park System and the recommendations regarding alter-
native management by an entity or entities other than the
National Park Service.
SEC. 103. NATIONAL PARK SYSTEM REVIEW COMMISSION.
(a) ESTABLISHMENT OF COMMISSION.—If the Sec-
retary fails to transmit the report developed under section
102 within the 1-year period specified in section 102, a
National Park System Review Commission shall be estab-
lished to review existing National Park System units to
determine whether there are more appropriate alternatives
for managing specific units or portions thereof. Within one
year after the date of its establishment, the Commission
shall prepare and transmit to the Natural Resources Com-
mittee of the United States House of Representatives and
the Committee on Energy and Natural Resources of the
United States Senate a report containing a list of National
Park System units or portions thereof where National
Park Service management should be modified or termi-
nated. In developing the list, the Commission shall con-
sider the factors referred to in section 102(a)(2). For any
listed areas, the Commission shall suggest alternative
management by an entity or entities other than the Na-
tional Park Service, and for any area determined to have
national significance, prior to including such area on the
list the Commission shall identify feasible alternatives to
National Park Service management which will protect the
resources of the area and assure continued public access
to thereto. In developing the list, the Commission shall
consult with other Federal land managing agencies, State
and local officials, the National Park System Advisory
Board, resource management, recreation and scholarly or-
ganizations and other interested parties as the Secretary
deems advisable. These consultations shall also include ap-
propriate opportunities for public review and comment.
(b) MEMBERSHIP AND APPOINTMENT.—The Com-
mission shall consist of 7 members each of whom shall
have substantial familiarity with, and understanding of,
the National Park System. Three members of the Com-
mission, one of whom shall be the Director of the National
Park Service, shall be appointed by the Secretary. Two
members shall be appointed by the Speaker of the United
States House of Representatives and two shall be ap-
pointed by the President Pro Tem of the United States
Senate. Each member shall be appointed within 3 months
after the expiration of the 1-year period specified in sec-
tion 102(c).
(c) CHAIR.—The Commission shall elect a chair from
among its members.
(d) VACANCIES.—Vacancies occurring on the Com-
mission shall not affect the authority of the remaining
members of the Commission to carry out the functions of
the Commission. Any vacancy in the Commission shall be
promptly filled in the same manner in which the original
appointment was made.
(e) QUORUM.—A simple majority of Commission
members shall constitute a quorum.
(f) MEETINGS.—The Commission shall meet at least
quarterly or upon the call of the chair or a majority of
the members of the Commission.
(g) COMPENSATION.—Members of the Commission
shall serve without compensation as such. Members of the
Commission, when engaged in official Commission busi-
ness, shall be entitled to travel expenses, including per
diem in lieu of subsistence, in the same manner as persons
employed intermittently in government service under sec-
tion 5703 of title 5, United States Code.
(h) TERMINATION.—The Commission established
pursuant to this section shall terminate 90 days after the
transmittal of the report to Congress as provided in sub-
section (a).
(i) LIMITATION
ON
NATIONAL
PARK
SERVICE
STAFF.—The Commission may hire staff to carry out its
assigned responsibilities. Not more than one-half of the
professional staff of the Commission shall be made up of
current employees of the National Park Service.
(j) STAFF OF OTHER AGENCIES.—Upon the request
of the Commission, the head of any Federal agency may
detail, on a reimbursable basis, any of the personnel of
such agency to the Commission to assist the Commission.
(k) EXPERTS AND CONSULTANTS.—Subject to such
rules as may be adopted by the Commission, the Commis-
sion may procure temporary and intermittent services to
the same extent as authorized by section 3109(b) of title
5, United States Code, but at rates determined by the
Commission to be advisable.
(l) POWERS OF THE COMMISSION.—(1) The Commis-
sion shall for the purpose of carrying out this title hold
such public hearings, sit and act at such times and places,
take such testimony, and receive such evidence as the
Commission deems advisable.
(2) The Commission may make such bylaws, rules,
and regulations, consistent with this title, as it considers
necessary to carry out its functions under this title.
(3) When so authorized by the Commission any mem-
ber or agent of the Commission may take any action which
the Commission is authorized to take by this section.
(4) The Commission may use the United States mails
in the same manner and upon the same conditions as
other departments and agencies of the United States.
(5) The Secretary shall provide to the Commission
any information available to the Secretary and requested
by the Commission regarding the plan referred to in sec-
tion 101 and any other information requested by the Com-
mission which is relevant to the duties of the Commission
and available to the Secretary.
TITLE II—NEW AREA
ESTABLISHMENT
SEC. 201. STUDY OF NEW PARK SYSTEM AREAS.
Section 8 of the Act of August 18, 1970, 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’’ (16 U.S.C. 1a–1 and following) is amended as fol-
lows:
(1) By inserting ‘‘GENERAL AUTHORITY.—’’
after ‘‘(a)’’.
(2) By striking the second through the seventh
sentences of subsection (a).
(3) By redesignating the last sentence of sub-
section (a) as subsection (e) and inserting in such
sentence before the words ‘‘For the purposes of car-
rying’’ the following: ‘‘(e) AUTHORIZATION OF AP-
PROPRIATIONS.—’’.
(4) By striking subsection (b).
(5) By inserting the following after subsection
(a):
‘‘(b) STUDIES
OF AREAS
FOR POTENTIAL ADDI-
TION.—(1) At the beginning of each calendar year, along
with the annual budget submission, the Secretary shall
submit to the Committee on Natural Resources of the
House of Representatives and to the Committee on En-
ergy and Natural Resources of the United States Senate
a list of areas recommended for study for potential inclu-
sion in the National Park System.
‘‘(2) In developing the list to be submitted under this
subsection, the Secretary shall give consideration to those
areas that have the greatest potential to meet the estab-
lished criteria of national significance, suitability, and fea-
sibility. The Secretary shall give special consideration to
themes, sites, and resources not already adequately rep-
resented in the National Park System as identified in the
National Park System Plan to be developed under section
101 of the National Park System Reform Act of 1994.
No study of the potential of an area for inclusion in the
National Park System may be initiated after the date of
enactment of this section, except as provided by specific
authorization of an Act of Congress. Nothing in this Act
shall limit the authority of the National Park Service to
conduct preliminary resource assessments, gather data on
potential study areas, provide technical and planning as-
sistance, prepare or process nominations for administra-
tive designations, update previous studies, or complete re-
connaissance surveys of individual areas requiring a total
expenditure of less than $25,000. Nothing in this section
shall be construed to apply to or to affect or alter the
study of any river segment for potential addition to the
national wild and scenic rivers system or to apply to or
to affect or alter the study of any trail for potential addi-
tion to the national trails system.
‘‘(c) REPORT.—The Secretary shall complete the
study for each area for potential inclusion into the Na-
tional Park System within 3 complete fiscal years follow-
ing the date of enactment of specific legislation providing
for the study of such area. Each study under this section
shall be prepared with appropriate opportunity for public
involvement, including at least one public meeting in the
vicinity of the area under study, and reasonable efforts
to notify potentially affected landowners and State and
local governments. In conducting the study, the Secretary
shall consider whether the area under study—
‘‘(1) possesses nationally significant natural or
cultural resources, or outstanding recreational op-
portunities, and that it represents one of the most