I
103D CONGRESS
1ST SESSION
H. R. 1508
To provide for the reformation of the National Park System, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 1993
Mr. HEFLEY (for himself, Mr. GALLEGLY, Mr. YOUNG of Alaska, and Mr.
DUNCAN) introduced the following bill; which was referred to the Com-
mittee on Natural Resources
A BILL
To provide for the reformation of 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
Reformation Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the National Park Service was created in
1916 and is charged by Congress to provide for pro-
tection and management of nationally significant
solely by virtue of the member’s service on the Commis-
sion. Of the members of the Commission—
(1) one shall be a recognized expert in botany;
(2) one shall be a recognized expert in wildlife
ecology;
(3) one shall be a recognized expert in the field
of natural systems;
(4) one shall be a recognized expert in
geomorphology;
(5) one shall be a recognized expert in Amer-
ican history;
(6) one shall be a recognized expert in archaeol-
ogy;
(7) one shall be a recognized expert in historical
architecture;
(8) one shall be a recognized expert in anthro-
pology;
(9) one shall be a recognized expert in social
science with expertise in outdoor recreation;
(10) one shall be a recognized expert in protec-
tion of private property rights;
(11) one shall be a representative of a national
conservation group;
(12) one shall be a representative of park rec-
reational users; and
(13) one shall be the Director of the National
Park Service, ex officio.
(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 sec-
tion 104.
SEC. 102. STAFF OF THE COMMISSION.
(a) 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.
(b) 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.
(c) 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.
SEC. 103. POWERS OF THE COMMISSION.
(a) IN GENERAL.—The Commission shall for the pur-
pose 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 advis-
able.
(b) BYLAWS.—The Commission may make such by-
laws, rules, and regulations, consistent with this title, as
it considers necessary to carry out its functions under this
title.
(c) DELEGATION.—When so authorized by the Com-
mission any member or agent of the Commission may take
any action which the Commission is authorized to take by
this section.
(d) MAILS.—The Commission may use the United
States mails in the same manner and upon the same con-
ditions as other departments and agencies of the United
States.
SEC. 104. DUTIES OF THE COMMISSION.
(a) PREPARATION OF PLAN.—The Commission shall
prepare a plan to outline the direction of the National
Park System. The plan shall be designed to guide the Na-
tional Park System for the next 10 to 20 years. This plan
shall include the following:
(1) A statement of goals and objectives for use
in defining the role of the National Park System in
preserving our national heritage, relative to other ef-
forts 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 within the National Park System.
(3) Identification of what constitutes adequate
representation of a particular resource type and
which aspects of the American heritage are ade-
quately represented in the existing National Park
System or in other protected areas.
(4) Identification of appropriate aspects of
American heritage not currently represented in the
National Park System.
(5) Priorities of sites which should be added to
the National Park System in order to provide more
complete representation of our Nation’s heritage, in-
cluding an outline for completion of the National
Park System with respect to natural areas.
(6) The role of the National Park System with
respect to such topics as preservation of industrial
America, preservation of nonphysical cultural re-
sources, and provision of outdoor recreation opportu-
nities.
(7) Identification of those areas which are more
appropriately managed outside the National Park
System based on such factors as duplication within
the National Park System, better representation of
a particular resource type under management of an-
other entity, lack of significance, lack of manage-
ment feasibility, cost, and lack of visitor accessibil-
ity.
(b) CONSULTATION.—During the preparation of the
plan under subsection (a), the Commission shall consult
with the Secretary of the Interior, the Governors of af-
fected States, the National Park System Advisory Board,
affected units of local government, State and local re-
source management and recreation organizations, schol-
arly organizations, park inholders, and such other inter-
ested parties as the Commission deems advisable. These
consulations shall also include appropriate opportunities
for public testimony and comment.
(c) TRANSMITTAL TO THE SECRETARY AND CON-
GRESS.—Not later than 2 years after the date that funds
are made available to carry out subsection (a), the Com-
mission shall transmit the plan developed under this sec-
tion simultaneously to the Secretary and the Committee
on Interior and Insular Affairs of the United States House
of Representatives and the Committee on Energy and
Natural Resources of the United States Senate.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are hereby authorized to be appropriated not to exceed
$500,000 to carry out the purposes of this section.
SEC. 105. TERMINATION OF NATIONAL PARK SERVICE MAN-
AGEMENT 
AT 
NONESSENTIAL 
NATIONAL
PARK SYSTEM AREAS.
(a) TERMINATION
OF NATIONAL PARK SERVICE
MANAGEMENT.—The Secretary shall—
(1) terminate National Park Service Manage-
ment at all park areas as recommended by the Com-
mission in the report transmitted to the Secretary
pursuant to section 104;
(2) initiate all such actions not later than 2
years after completion of the report and shall com-
plete termination of National Park Service manage-
ment at all areas no later than 5 years after comple-
tion of the report;
(3) before taking any action with respect to dis-
posal of any surplus real property or facility located
at any park, consult with the Governor of the State
and the heads of the local governments and any in-
terested nongovernmental entities for the purpose of
considering any plan for the use of such property by
State or local governments or nongovernmental enti-
ties; and
(4) carry out this title without regard to any
provision of law restricting the use of funds for pur-
poses as outlined in section 105 as may be included
in any authorization or appropriation Act.
(b) EXCEPTION.—The Secretary may not carry out
any action under section 105 if, within the 60-day period
beginning on the date on which the Commission submits
its report to Congress, a joint resolution rejecting all rec-
ommendations of the Commission for termination of Na-
tional Park Service management of park areas is enacted.
The days on which either House of Congress is not in ses-
sion because of an adjournment of more than 3 days shall
be excluded in the computation of such 60-day period.
(c) APPLICABILITY OF OTHER LAW.—(1) The provi-
sions of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) shall not apply to—
(A) the actions of the Commission, including se-
lecting the parks which the Commission recommends
for termination of National Park Service manage-
ment under this title and making its report to the
Secretary and the committees under section 104;
and
(B) the actions of the Secretary in establishing
the Commission and in transmitting the report to
the committees under this section.
(2) The provisions of the National Environmental
Policy Act of 1969 shall apply to the actions of the Sec-
retary during the process of terminating National Park
Service management of a park after such park has been
selected by the Commission. In applying the provisions of
such Act, the Secretary shall not have to consider—
(A) the need for terminating National Park
Service management at a park which has been se-
lected by the Commission; or
(B) alternative parks other than those selected.
(3) A civil action for judicial review, with respect to
any requirement of the National Environmental Policy Act
of 1969 to the extent such Act is applicable to this title,
may not be brought later than the 60th day after the date
of such action or failure to act.
(d) DISPOSAL
OF PROPERTY.—(1) The Adminis-
trator of General Services shall delegate to the Secretary,
with respect to excess and surplus real property and facili-
ties located at a park identified in section 105—
(A) the authority of the Administrator to dis-
pose of surplus property under section 203 of that
Act (40 U.S.C. 484); and
(B) the authority of the Administrator to grant
approvals and make determinations under section
13(g) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(g)).
(2)(A) Subject to subparagraph (A), the Secretary
shall exercise authority delegated to the Secretary pursu-
ant to paragraph (1) in accordance with—
(i) all regulations in effect on the date of the
enactment of this title governing utilization of excess
property and disposal of surplus property under the
Federal Property and Administrative Services Act of
1949; and
(ii) all regulations in effect on the date of the
enactment of this title governing the conveyance and
disposal of property under section 13(g) of the Sur-
plus Property Act of 1944 (50 U.S.C. App.
1622(g)).
(B) The Secretary, after consulting with the Adminis-
trator of General Services, may issue regulations that are
necessary to carry out the delegation of authority required
by paragraph (1).
(C) The authority required to be delegated by para-
graph (1) to the Secretary by the Administrator of Gen-
eral Services shall not include the authority to prescribe
general policies and methods for utilizing excess property
and disposing of surplus property.
(e) REPORTS.—As part of each annual budget re-
quest for the Department of the Interior, the Secretary
shall transmit to the appropriate committees of Congress
a schedule of actions to be carried out under this title in
the fiscal year in which the request is made and an esti-
mate of the total expenditures required and cost savings
to be achieved by each such closure and of the time period
in which these savings are to be achieved in each case,
together with the Secretary’s assessment of the environ-
mental effects of such actions.
SEC. 106. TRANSFER OF FUNDS FROM PARK AREAS WHERE
NATIONAL PARK SERVICE MANAGEMENT IS
TO BE TERMINATED.
All funds appropriated or otherwise made available
for operation of park areas identified in section 105 shall
remain available for allocation to other units of the Na-
tional Park System.
SEC. 107. LIMITATION ON ESTABLISHMENT OF NEW AREAS
OF THE NATIONAL PARK SYSTEM.
Until the Commission transmits its report to Con-
gress in accordance with section 104 of this title, the Sec-
retary may not implement any legislation establishing new
units of the National Park System, except for areas stud-
ied by the National Park Service pursuant to a specific
congressional authorization enacted prior to the date of
enactment of this Act.