[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4476 Received in Senate (RDS)]
103d CONGRESS
2d Session
H. R. 4476
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 28 (legislative day, September 12), 1994
Received
_______________________________________________________________________
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 Representatives 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 ``Secretary''), acting
through the Director of the National Park Service, shall prepare a
National Park System Plan (hereinafter in this Act referred to as the
``plan'') to guide the direction of the National Park System into the
next century. 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 resources which
should be added to the National Park System in order to provide
more complete representation of our Nation's heritage.
(6) A statement of the role of the National Park Service
with respect to such topics as preservation of natural areas
and ecosystems, preservation of industrial America,
preservation of nonphysical cultural resources, and provision
of outdoor recreation opportunities.
(7) A statement of what areas constitute units of the
National Park System and the distinction between 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 officials, the National Park System
Advisory Board, resource management, 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.--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
Representatives and the Committee on Energy and Natural Resources of
the United States Senate.
SEC. 102. MANAGEMENT REVIEW OF NATIONAL PARK SYSTEM.
(a) Review.--(1) Using the National Park System Plan prepared
pursuant to section 101 as a guide, the Secretary 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 National 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 particular 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 mission 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 National Park Service
management which will protect the resources thereof and assure
continued public access thereto.
(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 management, 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 report 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 alternative
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 Secretary 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 established 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 Committee 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 terminated. In developing the list, the
Commission shall consider 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 National 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 organizations and other interested parties as the
Secretary deems advisable. These consultations shall also include
appropriate opportunities for public review and comment.
(b) Membership and Appointment.--The Commission shall consist of 7
members each of whom shall have substantial familiarity with, and
understanding of, the National Park System. Three members of the
Commission, 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 appointed 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 section 102(c).
(c) Chair.--The Commission shall elect a chair from among its
members.
(d) Vacancies.--Vacancies occurring on the Commission 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 business, 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 section
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 subsection (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 Commission 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 Commission 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 member 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 section 101 and any other information requested
by the Commission 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 purposes'' (16 U.S.C. 1a-1 and following) is
amended as follows:
(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 subsection (a) as
subsection (e) and inserting in such sentence before the words
``For the purposes of carrying'' the following: ``(e)
Authorization of Appropriations.--''.
(4) By striking subsection (b).
(5) By inserting the following after subsection (a):
``(b) Studies of Areas for Potential Addition.--(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
Energy and Natural Resources of the United States Senate a list of
areas recommended for study for potential inclusion 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 established criteria of national
significance, suitability, and feasibility. The Secretary shall give
special consideration to themes, sites, and resources not already
adequately represented 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 assistance, prepare or process nominations for
administrative designations, update previous studies, or complete
reconnaissance 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 addition to the national trails system.
``(c) Report.--The Secretary shall complete the study for each area
for potential inclusion into the National Park System within 3 complete
fiscal years following 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 opportunities, and that
it represents one of the most important examples of a
particular resource type in the country; and
``(2) is a suitable and feasible addition to the system.
Each study shall consider the following factors with regard to the area
being studied: the rarity and integrity of the resources, the threats
to those resources, whether similar resources are already protected in
the National Park System or in other Federal, state or private
ownership, the public use potential, the interpretive and educational
potential, costs associated with acquisition, development and
operation, the socioeconomic impacts of any designation, the level of
local and general public support and whether the unit is of appropriate
configuration to ensure long term resource protection and visitor use.
Each such study shall also consider whether direct National Park
Service management or alternative protection by other agencies or the
private sector is appropriate for the area. Each such study shall
identify what alternative or combination of alternatives would in the
professional judgment of the Director of the National Park Service, be
most effective and efficient in protecting significant resources and
providing for public enjoyment. The letter transmitting each completed
study to Congress shall contain a recommendation regarding the
Administration's preferred management option for the area.
``(d) List of Areas.--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 Energy and Natural Resources of the United States
Senate a list of areas which have been previously studied which contain
primarily cultural or historical resources and a list of areas which
have been previously studied which contain primarily natural resources
in numerical order of priority for addition to the National Park
System. In developing the list, the Secretary should consider threats
to resource values, cost escalation factors and other factors listed in
subsection (c) of this section.''.
Passed the House of Representatives September 28, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.