I
105TH CONGRESS
1ST SESSION
H. R. 104
To authorize the private ownership and use of National Park System lands.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. BARTLETT of Maryland introduced the following bill; which was referred
to the Committee on Resources
A BILL
To authorize the private ownership and use of National Park
System lands.
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 En-
hancement and Revitalization Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The National Park Service has insufficient
funds for the operations, maintenance, and rehabili-
tation of certain units of the National Park System.
(2) Federal full fee land ownership is not al-
ways required to preserve the aesthetic, natural, cul-
tural, and historical values of National Park System
lands, and at times may even prevent desirable pres-
ervation.
(3) The sale or lease or any extension thereof
of lands or interests therein within units of the Na-
tional Park System could generate needed funds
while preserving the values for which the units were
established.
SEC. 3. PERMITTING PRIVATE OWNERSHIP OR USE OF NA-
TIONAL PARK SYSTEM LANDS.
The Act of August 25, 1916 (popularly known as the
National Park Service Organic Act; 16 U.S.C. 1241 et
seq.), is amended by adding at the end the following new
section:
‘‘SEC. 5. (a) DISPOSAL OF PROPERTY AND INTER-
ESTS.—(1) The Secretary of the Interior, after determin-
ing it to be in the public interest and after publication
of notice in the Federal Register and 30 days for public
comment—
‘‘(A) may dispose of lands, or interests therein
(but not the mineral estate), within the National
Battlefields, National Historical Parks, and other
National Park System units which preserve Amer-
ican history; and
‘‘(B) may accept as consideration for the dis-
posal other lands, interests in lands, cash payment,
or any combination thereof which is equal in value
to the lands or interests being disposed of.
‘‘(2) To protect the aesthetic, recreational, cultural,
or historic values of the unit of the National Park System,
the Secretary shall include in such disposals any terms,
covenants, conditions, or reservations deemed necessary to
ensure preservation of the public interest and uses consist-
ent with the purposes for which the area was designated
and to attempt to stimulate the land use patterns existing
at the relevant historic period.
‘‘(3) In disposing of lands or interests under this sub-
section, the Secretary shall, to the extent practicable, pro-
vide the person or persons, or their heirs, as determined
from the deed and land records, from whom the land or
interest was acquired by the United States an opportunity
to reacquire the land or interest. The Secretary shall pub-
lish a notice in an appropriate regional or local newspaper
in an attempt to locate such persons.
‘‘(4) Each disposal in excess of $150,000 shall be re-
ported to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natu-
ral Resources of the Senate at least 30 days prior to con-
summation of the disposal.
‘‘(5) The person or persons acquiring lands or inter-
ests therein under this subsection shall bear all reasonable
costs of survey and appraisal incidental to such convey-
ance, as determined by the Secretary.
‘‘(b) LEASE.—(1) The Secretary of the Interior, after
determining it to be in the public interest and after publi-
cation of notice in the Federal Register and 30 days for
public comment, may lease lands or extend existing leases
within the National Battlefields, National Historical
Parks, and other National Park System units which pre-
serve American history for private uses that promote, and
are consistent with, the purposes for which the area was
designated and that attempt to stimulate the land use pat-
terns existing at the relevant historic period.
‘‘(2) To the extent practicable, the Secretary shall
provide the person or persons, or their heirs, as deter-
mined from the deed and land records, from whom the
land or interest was acquired by the United States an op-
portunity to lease the land for acceptable uses. The Sec-
retary shall publish a notice in an appropriate regional or
local newspaper in an attempt to locate such persons.
‘‘(3) Such leases may be negotiated noncompetitively.
If the original owner or heirs cannot be identified or are
not interested, leases shall be offered competitively. In ei-
ther case, leases must specify acceptable uses and terms
and must at least recover the costs of establishing and
administering the lease.
‘‘(c) USE OF REVENUES.—Amounts received by the
United States as proceeds from the sale or lease of lands
or interests therein under this section, in excess of admin-
istrative costs, shall be deposited in a special fund in the
Treasury and shall be available to the Secretary of the
Interior, without further appropriation, for operation,
maintenance, or improvement of, or for acquisition of
lands or interests therein for, the unit which generated
the proceeds.
‘‘(d) ACQUIRING LESS THAN FEE TITLE.—The Sec-
retary of the Interior, after determining it to be in the
public interest and in compliance with other acquisition
requirements, may acquire easements or other interests in
lands for inclusion in the National Park System, if—
‘‘(1) the easement or interest provides public
benefits greater than the cost of the easement or in-
terest, and
‘‘(2) the cost of the easement or interest is less
than a fee simple purchase of the land, including the
costs for periodic monitoring and enforcement to en-
sure compliance with such agreements.’’.
SEC. 4. STUDY.
The Government Accounting Office (GAO) of the
United States shall undertake a study of easements and
other less-than-fee title acquisitions of interests in lands
for the National Park System to assess their effectiveness,
including total costs and compliance with agreements, and
their efficiency for producing public benefits.
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