I
105TH CONGRESS
2D SESSION
H. R. 4158
To authorize the private ownership and use of certain secondary structures
and surplus lands administered as part of any national historical park
that are not consistent with the purposes for which the park was estab-
lished, if adequate protection of natural, aesthetic, recreational, cultural,
and historical values is assured by appropriate terms, covenants, condi-
tions, or reservations.
IN THE HOUSE OF REPRESENTATIVES
JUNE 25, 1998
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 certain second-
ary structures and surplus lands administered as part
of any national historical park that are not consistent
with the purposes for which the park was established,
if adequate protection of natural, aesthetic, recreational,
cultural, and historical values is assured by appropriate
terms, covenants, conditions, or reservations.
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 Protection Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The National Park Service has insufficient
funds for the operation, maintenance, and rehabilita-
tion of certain units of the National Park System.
(2) Federal full fee ownership of structures and
lands that are not consistent with the purposes for
which a national historical park was established and
that are essential only to the protection of such a
park is not always required to preserve the aesthetic,
natural, cultural, and historical values of national
historical parks.
(3) The sale or lease, or any extension of a sale
or lease, of secondary structures and surplus lands
of national historical parks that are not consistent
with the purposes for which the parks were estab-
lished and that are essential only to the protection
of such parks, could generate needed funds while
preserving the values for which the parks were es-
tablished, if adequate protection of natural, aes-
thetic, recreational, cultural, and historical values is
assured by appropriate terms, covenants, conditions,
or reservations.
(4) There are some secondary structures and
surplus lands of national historical parks that need
not be owned by the Federal Government in fee sim-
ple to achieve the benefits for which the parks were
established.
SEC. 3. DEFINITIONS.
In this Act:
(1) SURPLUS LAND.—The term ‘‘surplus land’’
means land owned by the United States that is—
(A) controlled by the Secretary and admin-
istered as part of a national historical park;
(B) not consistent with the purposes for
which the park was established; and
(C) determined by the Secretary to be sur-
plus to the purposes of national historical
parks.
(2) SECONDARY STRUCTURES.—The term ‘‘sec-
ondary structure’’—
(A) means a structure (including associ-
ated land) controlled by the Secretary and ad-
ministered as part of a national historical park,
that—
(i) is not historic under National Reg-
ister on Historic Places criteria; and
(ii) is determined by the Secretary to
be surplus to the purposes of national his-
torical parks; and
(B) does not include any structure or land
that is determined by the Secretary to be part
of the essence of a national historical park.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 4. ALLOWING PRIVATE ACQUISITION OR USE OF NA-
TIONAL 
HISTORICAL 
PARK 
SECONDARY
STRUCTURES AND SURPLUS LAND.
(a) DETERMINATION OF SECONDARY STRUCTURES
AND SURPLUS LAND.—The Secretary shall review the
lands and structures that are controlled by the Secretary
and administered as part of a national historical park and
determine whether any of those lands or structures are
secondary structures or surplus lands, respectively.
(b) ALLOWING PRIVATE ACQUISITION OR USE.—The
Secretary, after determining it to be in the public interest
and after publication of notice in the Federal Register and
30 days for public comment, may in accordance with this
Act sell, lease, permit the use of, or extend a lease or use
permit for, any land and stucture determined by the Sec-
retary to be a secondary structure or surplus land, respec-
tively.
SEC. 5. REQUIREMENTS.
(a) COMPETITION.—Except as provided in subsection
(c), any sale or lease of property under this Act shall be
made under full and open competition.
(b) COSTS.—The Secretary shall ensure that the
terms of any sale, lease, or use permit under this Act are
sufficient to recover the costs to the United States of
awarding and administering the sale, lease, or permit. The
Secretary shall require that a person acquiring, leasing,
or using property under this Act shall bear all reasonable
costs of appraisal incidental to such conveyance, lease, or
use, as determined by the Secretary.
(c) REACQUISITION BY ORIGINAL OWNER.—Before
disposing of any secondary structure or surplus land under
this Act, the Secretary shall, to the extent possible, pro-
vide the person or persons from whom the structure or
land was acquired by the United States, or their heirs,
as determined from the deed and land records for the
property, an opportunity to reacquire the structure or land
by negotiated sale, lease, or use permit. The Secretary
shall publish a notice in an appropriate regional or local
newspaper in an attempt to locate such persons.
(d) NOTICE TO CONGRESS.—The Secretary shall re-
port to the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Natural
Resources of the Senate each conveyance, lease, or
issuance of a use permit for property under this Act hav-
ing a total value greater than $150,000, at least 30 days
prior to consummation of the transaction.
SEC. 6. PROTECTION OF HISTORICAL INTEGRITY OF PARK.
In order to protect the natural, aesthetic, rec-
reational, cultural, or historic values of any national his-
torical park, the Secretary shall include in any sale, lease,
or use permit under this Act any terms, covenants, condi-
tions, or reservations necessary to ensure preservation of
the public interest and uses consistent with the purposes
for which the park was established.
SEC. 7. USE OF REVENUES.
Amounts received by the United States as proceeds
from any sale, lease, or use of a secondary structure or
surplus land under this Act in excess of the administrative
cost of the sale, lease, or use—
(1) shall be deposited in a special fund in the
Treasury; and
(2) shall be available to the Secretary, without
further appropriation, for operation, maintenance, or
improvement of, or for the acquisition of land or in-
terests therein for, the national park system unit
which generated the proceeds.
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