[House Report 114-576] [From the U.S. Government Publishing Office] 114th Congress } { Rept. 114-576 HOUSE OF REPRESENTATIVES 2d Session } { Part 1 ====================================================================== NATIONAL PARK SERVICE CENTENNIAL ACT _______ May 19, 2016.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Bishop of Utah, from the Committee on Natural Resources, submitted the following R E P O R T together with ADDITIONAL VIEWS [To accompany H.R. 4680] [Including cost estimate of the Congressional Budget Office] The Committee on Natural Resources, to whom was referred the bill (H.R. 4680) to prepare the National Park Service for its Centennial in 2016 and for a second century of promoting and protecting the natural, historic, and cultural resources of our National Parks for the enjoyment of present and future generations, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Park Service Centennial Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. TITLE I--NATIONAL PARK CENTENNIAL CHALLENGE FUND Sec. 101. National Park Centennial Challenge Fund. Sec. 102. Comparable pass cost for seniors. Sec. 103. Signature projects and programs. Sec. 104. Donations. Sec. 105. Summary to Congress. TITLE II--NATIONAL PARK FOUNDATION ENDOWMENT Sec. 201. Short title. Sec. 202. Second century endowment for the National Park Service. TITLE III--NATIONAL PARK NEXT GENERATION STEWARDS Sec. 301. National Park Service interpretation and education. Sec. 302. Public Land Corps amendments. Sec. 303. Volunteers in the parks. TITLE IV--NATIONAL PARK FOUNDATION AUTHORITIES Sec. 401. Board of directors. Sec. 402. Authorization of appropriations. TITLE V--MISCELLANEOUS Sec. 501. National Historic Preservation Act. SEC. 2. PURPOSE. It is the purpose of this Act to establish a fund in the Treasury to finance signature projects and programs to enhance the National Park System as it approaches its centennial in 2016 and to prepare the parks for another century of conservation, preservation, and enjoyment. SEC. 3. DEFINITIONS. In this Act: (1) Challenge fund.--The term ``Challenge Fund'' means the National Park Centennial Challenge Fund established in title I. (2) Director.--The term ``Director'' means the Director of the National Park Service. (3) Endowment.--The term ``Endowment'' means the Second Century Endowment for the National Park Service established by title II. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Signature project or program.--The term ``signature project or program'' means any project or program identified by the Secretary as one that will help prepare the national parks for another century of conservation, preservation, and enjoyment. (6) Qualified donation.--The term ``qualified donation'' means a cash donation, or the binding pledge of a cash donation that is guaranteed by an irrevocable letter of credit, to the National Park Service that the Director certifies shall be used for a signature project or program. TITLE I--NATIONAL PARK CENTENNIAL CHALLENGE FUND SEC. 101. NATIONAL PARK CENTENNIAL CHALLENGE FUND. (a) Establishment.--There is hereby established in the Treasury a fund to be known as the ``National Park Centennial Challenge Fund''. The Challenge Fund shall consist of-- (1) qualified donations that are transferred from the National Park Service donation account in accordance with section 104(a); and (2) hereafter, an amount equal to the qualified donations received under section 104(a), not to exceed amounts accumulated under section 102, including any carryover from previous fiscal years. (b) Availability.--All amounts transferred or appropriated to the Challenge Fund shall be available to the Secretary for signature projects and programs, without further appropriation, until expended. SEC. 102. COMPARABLE PASS COST FOR SENIORS. The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801, Public Law 108-447, division J, title VIII) is amended in section 805(b)(1)-- (1) by striking ``The Secretary'' and inserting ``(A) The Secretary''; (2) by striking ``, at a cost of $10.00,''; (3) by striking ``shall be valid for the lifetime of the pass holder.'' and inserting the following: ``shall be available-- ``(i) for a period of 12 months from the date of the issuance, at a cost of $20; and ``(ii) for the lifetime of the passholder, at a cost equal to the cost of the National Parks and Federal Recreational Lands Pass purchased under subsection (a).''; and (4) by adding at the end the following: ``(B) Amounts in excess of $10 that are charged by the National Park Service for a pass under subparagraph (A)(i) shall be deposited in the National Park Centennial Challenge Fund established under section 101(a) of the National Park Service Centennial Act.''. SEC. 103. SIGNATURE PROJECTS AND PROGRAMS. (a) List.--The Secretary shall-- (1) develop a list of signature projects and programs eligible for funding from the Challenge Fund; and (2) submit the list developed under paragraph (1) (and updated under subsection (b)) to the Committees on Appropriations and Natural Resources of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate. (b) Updates.--The Secretary may, from time to time as the Secretary finds appropriate, add any signature project or program to the list and provide notice of such addition as required by subsection (a). SEC. 104. DONATIONS. (a) Qualified Donations.--The Secretary may transfer to the Challenge Fund any qualified donation received by the National Park Service. (b) Solicitation.--Nothing in this title shall be construed to expand the authority of the National Park Service and its employees to receive or solicit donations. SEC. 105. SUMMARY TO CONGRESS. The Secretary shall provide with the submission of the President's budget a summary of the status and funding of the signature projects and programs. TITLE II--NATIONAL PARK FOUNDATION ENDOWMENT SEC. 201. SHORT TITLE. This title may be cited as the ``National Park Foundation Endowment Act''. SEC. 202. SECOND CENTURY ENDOWMENT FOR THE NATIONAL PARK SERVICE. (a) Second Century Endowment.--Chapter 1011 of title 54, United States Code, is amended by inserting at the end the following: ``Sec. 101121. Second Century Endowment for the National Park Service ``(a) Second Century Endowment.--To further the mission of the Service, the National Park Foundation shall establish a special account to be known as the `Second Century Endowment for the National Park Service'. ``(1) Funds for the endowment.-- ``(A) The Endowment shall consist of any gifts, devises, or bequests that are provided to the National Park Foundation for such purpose. ``(B) The National Park Foundation shall deposit any funds received for the Endowment in a federally insured interest-bearing account or may invest funds in appropriate security obligations, as directed by the Board of Directors. ``(C)(i) The Secretary shall, either directly or through a concessions contract, lease, or similar instrument, impose a fee in a System unit in addition to the daily cost of lodging in facilities in that System unit. Amounts collected under this clause shall be deposited into the Endowment. ``(ii) The Secretary shall ensure that a fee imposed under this subparagraph in a System unit does not raise the aggregate amount of fees imposed by local, State, and Federal governments to more than 5 percent of the base daily cost of lodging in facilities in that System unit. ``(iii) No fees may be charged under this subparagraph within a unit of the National Park System for-- ``(I) employees of the National Park System, including seasonal employees or employees of concessioners, who live in housing provided in a national park due to their employment and house guests of such employees; ``(II) persons engaged in residential educational and interpretive programs who are lodged in national park facilities while participating in these programs; and ``(III) lodging on private property within a unit of the National Park System. ``(D) Any accrued interest or dividends earned on funds received for the Endowment shall be added to the principal and form a part of the Endowment. ``(2) Use of funds.-- ``(A) The National Park Foundation shall use funds deposited in the Endowment for projects and activities approved by the Secretary that further the mission and purposes of the Service. ``(B) In administering the Endowment each fiscal year, the National Park Foundation shall be guided by the District of Columbia Uniform Prudent Management of Institutional Funds Act of 2007 (D.C. Code Sec. 44- 1631 et seq.), including section 44-1633 on expenditures. ``(C) No funds received for the Endowment shall be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. ``(b) Summary.--Beginning 2 years after the date of the enactment of this section, the National Park Foundation shall include with its annual report a summary of the status of the Endowment. The summary shall include-- ``(1) a statement of the amounts deposited in the Endowment during the fiscal year; ``(2) the amount of the balance remaining in the Endowment at the end of the fiscal year; and ``(3) a description of the sums and purposes of the expenditures made from the Endowment for the fiscal year.''. (b) Conforming Amendment.--The table of sections for chapter 1011 of title 54, United States Code, is amended by inserting at the end the following: ``101121. Second Century Endowment for the National Park Service.''. TITLE III--NATIONAL PARK NEXT GENERATION STEWARDS SEC. 301. NATIONAL PARK SERVICE INTERPRETATION AND EDUCATION. (a) In General.--Title 54, United States Code, is amended by inserting after chapter 1007 the following: ``CHAPTER 1008--EDUCATION AND INTERPRETATION ``Sec. ``100801. Purposes. ``100802. Definitions. ``100803. Interpretation and education authority. ``100804. Interpretation and education evaluation and quality improvement. ``100805. Improved use of partners and volunteers in interpretation and education. ``Sec. 100801. Purposes ``The purposes of this chapter are-- ``(1) to more effectively achieve the mission of the Service by providing clear authority and direction for interpretation and education programs that are carried out by the Service under separate authorities; ``(2) to ensure that the public encounters a variety of interpretive and educational opportunities and services during their visits to our System units; ``(3) to recognize that the Service provides lifelong learning opportunities and contributes to interdisciplinary learning in traditional and non-traditional educational settings; and ``(4) to provide opportunities for all people to find relevance in the System and to strengthen public understanding of our natural and cultural heritage. ``Sec. 100802. Definitions ``As used in this chapter: ``(1) Interpretation.--The term `interpretation'-- ``(A) means providing opportunities for people to form intellectual and emotional connections to gain awareness, appreciation, and understanding of the resources of the System; and ``(B) may refer to the professional career field of Service employees, volunteers, and partners who interpret the resources of the System. ``(2) Education.--The term `education' means enhancing public awareness, understanding, and appreciation of the resources of the System through learner-centered, place-based materials, programs, and activities that achieve specific learning objectives as identified in a curriculum. ``(3) Related areas.--The term `related areas' means-- ``(A) national wild and scenic rivers and national trails; ``(B) national heritage areas; and ``(C) affiliated areas administered in connection with the System. ``Sec. 100803. Interpretation and education authority ``The Secretary shall ensure that management of System units and related areas is enhanced by the availability and use of a broad program of the highest quality interpretation and education. ``Sec. 100804. Interpretation and education evaluation and quality improvement ``The Secretary may undertake a program of regular evaluation of interpretation and education programs to ensure that they-- ``(1) adjust to how people learn and engage with the natural world and shared heritage as embodied in the System; ``(2) reflect different cultural backgrounds, ages, education, gender, abilities, ethnicity, and needs; ``(3) demonstrate innovative approaches to management and appropriately incorporate emerging learning and communications technology; and ``(4) reflect current scientific and academic research, content, methods, and audience analysis. ``Sec. 100805. Improved use of partners and volunteers in interpretation and education ``The Secretary may-- ``(1) coordinate with park partners and volunteers in the delivery of quality programs and services to supplement those provided by the Service as part of a park's Long Range Interpretive Plan; ``(2) support interpretive partners by providing opportunities to participate in interpretive training; and ``(3) collaborate with other Federal and non-Federal public or private agencies, organizations, or institutions for the purposes of developing, promoting, and making available educational opportunities related to resources of the System and programs.''. (b) Conforming Amendment.--The table of chapters at the beginning of title 54, United States Code, is amended by inserting after the item relating to chapter 1007 the following new item: ``1008. Education and Interpretation........................ 100801''. SEC. 302. PUBLIC LAND CORPS AMENDMENTS. The Public Lands Corps Act of 1993 (Public Law 103-82; 16 U.S.C. 1721) is amended-- (1) in section 203(10)(A), by striking ``25'' and inserting ``30''; (2) in section 204(b), by striking ``25'' and inserting ``30''; and (3) in section 207(c)(2), by striking ``120 days'' and inserting ``2 years''. SEC. 303. VOLUNTEERS IN THE PARKS. Section 102301(d) of title 54, United States Code, is amended by striking ``not more than $7,000,000'' and inserting ``not more than $10,000,000''. TITLE IV--NATIONAL PARK FOUNDATION AUTHORITIES SEC. 401. BOARD OF DIRECTORS. Chapter 1011 of title 54, United States Code, is amended-- (1) in section 101112-- (A) by amending subsection (a) to read as follows: ``(a) Membership.--The National Park Foundation shall consist of a Board having as members no fewer than 6 private citizens of the United States appointed by the Secretary. The Secretary and the Director shall be non-voting members of the Board, ex officio.''; and (B) by amending subsection (c) to read as follows: ``(c) Chairman.--The Chairman shall be elected by the Board from its members for a two-year term.''; and (2) in section 101113(a)-- (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: ``(2) Coordination with service.--Activities of the National Park Foundation under paragraph (1) shall be undertaken after consultation with the Director to ensure that those activities are consistent with the programs and policies of the Service.''. SEC. 402. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--Chapter 1011 of title 54, United States Code, is further amended by adding after section 101121 the following: ``Sec. 101122. Authorization of appropriations ``(a) In General.--There are authorized to be appropriated to carry out this subchapter $25,000,000 for each of fiscal years 2017 through 2023. ``(b) Requirement of Advance Payment.--The amount made available for a fiscal year under subsection (a) shall be provided to the National Park Foundation in an advance payment of the entire amount on October 1 of the fiscal year, or as soon as practicable thereafter. ``(c) Use of Appropriated Funds.--Amounts made available under subsection (a) shall be provided to the National Park Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made to the Foundation. ``(d) Prohibition Use for Administrative Expenses.--No Federal funds made available under subsection (a) shall be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. ``(e) Prohibition Use for Investment.--The National Park Foundation shall not place Federal funds made available under subsection (a) into any fund that will be invested or earn interest in any way.''. (b) Conforming Amendment.--The table of sections for chapter 1011 of title 54, United States Code, is amended by inserting at the end the following: ``101122. Authorization of appropriations.''. TITLE V--MISCELLANEOUS SEC. 501. NATIONAL HISTORIC PRESERVATION ACT. (a) Additional Member.--Section 304101(a) of title 54, United States Code, is amended-- (1) by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (9), (10), (11), and (12), respectively; and (2) by inserting after paragraph (7) the following: ``(8) The General Chairman of the National Association of Tribal Historic Preservation Officers.''. (b) Full-Time Chairman.--Section 304101 of title 54, United States Code, is further amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following: ``(e) Chairman.--(1) After January 20, 2017, the Chairman shall-- ``(A) be appointed by the President; ``(B) serve at the will of the President; ``(C) serve full time; and ``(D) be compensated at the rate provided for Level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). ``(2) The Chairman shall serve for a term of 4 years and may be reappointed once, for a total of not more than 8 years of service as Chairman, except that a Chairman whose appointment has expired under this paragraph shall serve until his or her successor has been appointed. The term of a Chairman shall start (regardless of actual appointment date) on January 20 after each general Presidential election. The first Chairman appointed after the date of enactment of this paragraph shall have a first term commencing on January 20, 2017, and ending on January 19, 2021. ``(3) The Chairmen before the first appointment of a Chairman in accordance with paragraph (1) of this subsection shall receive $100 per diem when engaged in the performance of the duties of the Council, and shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council.''; and (3) in subsection (f) (as redesignated), by striking ``may act in place'' and inserting ``shall perform the functions''. (c) Conforming Changes.-- (1) Section 304101 of title 54, United States Code, is further amended-- (A) in subsection (b), by striking ``, (7), and (8)'' and inserting ``and (7) through (9)''; (B) in subsection (c)-- (i) by striking ``under paragraphs (1) and (9) to (11)'' and inserting ``under paragraphs (10) through (12)''; and (ii) by striking ``An appointed member may not serve more than 2 terms'' and inserting ``An appointed member, other than the Chairman of the Council, may not serve more than 2 terms''; (C) in subsection (f) (as redesignated), by striking ``paragraph (5), (6), (9), or (10)'' and inserting ``paragraph (5), (6), (10), or (11)''; and (D) in subsection (g) (as redesignated), by striking ``Twelve members'' and inserting ``Thirteen members''. (2) Section 304104 of title 54, United States Code, is amended by inserting after the first sentence the following: ``The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101.''. (3) Section 304105(a) of title 54, United States Code, is amended-- (A) by striking ``report directly to the Council'' and inserting ``report directly to the Chairman''; and (B) by striking ``duties as the Council may prescribe'' and inserting ``duties as the Chairman may prescribe''. (4) Section 5316 of title 5, United States Code, is amended by adding at the end the following new item: ``Chairman of the Advisory Council on Historic Preservation.''. (d) Clarification.--Subsection (b) and subsection (d) of section 311103 of title 54, United States Code, are amended by striking ``Council'' each place it appears and inserting ``Chairman of the Council''. Purpose of the Bill The purpose of H.R. 4680 is to prepare the National Park Service for its Centennial in 2016 and for a second century of promoting and protecting the natural, historic, and cultural resources of our National Parks for the enjoyment of present and future generations. Background and Need for Legislation August 25, 2016 marks the 100th anniversary of the signing of the National Park Service Organic Act. This Act created the National Park Service (NPS), a new federal bureau within the Department of the Interior responsible for promoting and protecting 35 national parks and monuments. The National Park System has grown significantly since 1916 and now comprises more than 400 units covering over 84 million acres in all 50 states, the District of Columbia, Puerto Rico, American Samoa, Guam, Saipan, and the U.S. Virgin Islands. In preparing the parks for the next century of public use and enjoyment, NPS faces a number of challenges, chief among them being the $11.9 billion deferred maintenance backlog. As NPS gradually took on new responsibilities and Congress voted to add new units, NPS fell behind on necessary projects. These projects include maintaining trails, fixing wastewater systems, and repairing deteriorating roads and bridges. In addition to deferred maintenance, NPS also faces challenges with fee collection, technological upgrades, and management of concessions contracts for visitor services. H.R. 4680, the National Park Service Centennial Act, celebrates the NPS centennial by providing NPS with additional tools and authorities it can use to enhance visitor experience and better promote and protect the parks. One important tool created by H.R. 4680 is a Centennial Challenge Fund, which NPS can use to leverage philanthropic investments for signature projects through a 1:1 federal to private dollar match. In 2015 and 2016, NPS selected more than 150 projects to leverage $25 million in Congressional appropriations with more than $45 million matching funds from partner organizations across the country. Additionally, H.R. 4680 creates a Second Century Endowment at the National Park Foundation which will grow over time from gifts, devises, bequests, and other funding provided to the Foundation. Other provisions will allow NPS to expand its Volunteers in Parks and Public Lands Corps programs. The Subcommittee on Federal Lands held a legislative hearing on a discussion draft of the ``National Park Service Centennial Act'' on December 2, 2015. Committee Action H.R. 4680 was introduced on March 3, 2016, by Congressman Rob Bishop (R-UT). The bill was referred to the Committee on Natural Resources, and within the Committee, to the Subcommittee on Federal Lands. The bill was additionally referred to the Committee on Agriculture and the Committee on Education and the Workforce. On March 15, 2016, the Natural Resources Committee met to consider the bill. The Subcommittee was discharged by unanimous consent. Congressman Bishop offered an amendment designated #1; it was adopted by voice vote. Congressman Raul M. Grijalva (D-AZ) offered and withdrew amendments designated 001 and 009. Congressman Jared Huffman (D-CA) offered and withdrew amendments designated 004 and 145. Congresswoman Niki Tsongas (D-MA) offered and withdrew an amendment designated 034. Congressman Huffman offered an amendment designated 143; it was not adopted by a roll call vote of 13 yeas to 15 nays, as follows:Congressman Grijalva offered an amendment designated 010; it was not adopted by a bipartisan roll call vote of 14 yeas to 23 nays, as follows:
Congressman Alan S. Lowenthal (D-CA) offered an amendment designated 008; it was not adopted by a roll call vote of 15 yeas to 22 nays, as follows:
No other amendments were offered, and the bill, as amended, was ordered favorably reported to the House of Representatives by voice vote on March 16, 2016. Committee Oversight Findings and Recommendations Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee on Natural Resources' oversight findings and recommendations are reflected in the body of this report. Compliance With House Rule XIII 1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the Director of the Congressional Budget Office: U.S. Congress, Congressional Budget Office, Washington, DC, May 17, 2016. Hon. Rob Bishop, Chairman, Committee on Natural Resources, House of Representatives, Washington, DC. Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4680, the National Park Service Centennial Act. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Marin Burnett. Sincerely, Keith Hall. Enclosure. H.R. 4680--National Park Service Centennial Act Summary: H.R. 4680 would authorize appropriations for certain programs of the National Park Service (NPS) and the National Park Foundation (NPF). In addition the bill would increase the amount NPS collects (and is authorized to spend) from the sale of passes to enter national parks and from fees on lodging in national parks. CBO estimates that implementing the bill would cost $140 million over the 2017-2021 period and an additional $65 million after 2021, assuming appropriation of the specified amounts. CBO estimates that enacting the legislation would increase both offsetting receipts from the sale of NPS passes and lodging fees and direct spending of the proceeds. In addition, the bill would establish the Centennial Challenge Fund to accept donations to the NPS. The NPS could spend any donated amounts without further appropriations. CBO estimates that enacting the legislation would result in a small net increase in receipts of about $2 million over the 2017-2026 period, because spending of the proceeds would lag behind collections over the next 10 years. Because H.R. 4680 would affect direct spending, pay-as-you-go procedures apply. Enacting the legislation would not affect revenues. CBO estimates that enacting H.R. 4680 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. H.R. 4680 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would not affect the budgets of state, local, or tribal governments. Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 4680 is shown in the following table. The costs of this legislation fall within budget function 300 (natural resources and environment). ---------------------------------------------------------------------------------------------------------------- By fiscal year, in millions of dollars-- ----------------------------------------------------------------- 2017 2018 2019 2020 2021 2017-2021 ---------------------------------------------------------------------------------------------------------------- INCREASES IN SPENDING SUBJECT TO APPROPRIATION\a\ Authorization Level 28 28 28 28 28 140 Estimated Outlays 28 28 28 28 28 140 ---------------------------------------------------------------------------------------------------------------- \a\In addition, CBO estimates that enacting H.R. 4680 would reduce direct spending by $2 million over the 2017- 2026 period. Basis of estimate: For this estimate, CBO assumes that H.R. 4680 will be enacted near the end of 2016, and that the specified amounts will be appropriated each year. Estimated outlays are based on historical spending patterns. Changes in spending subject to appropriation The legislation would increase the annual amount authorized to be appropriated for the Volunteers in Parks program by $3 million, from $7 million to $10 million. It also would authorize an annual appropriation of $25 million for the National Park Foundation for fiscal years 2017 through 2023. CBO estimates that implementing the bill would cost of $140 million over the 2017-2021 period, and an additional $65 million after 2021, assuming appropriation of the specified amounts. Changes in direct spending H.R. 4680 would establish the Centennial Challenge Fund and allow NPS to collect and spend any donations to that fund to preserve or enhance the national parks. Additionally, the bill would authorize the NPS to collect new fees for lodging facilities in the national parks and would increase the fees for certain NPS entrance passes. Those additional receipts can be spent without further appropriation. CBO estimates that enacting the legislation would result in a small net increase in receipts of about $2 million over the 2017-2026 period, because spending would lag behind collections over the next 10 years. Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act of 2010 establishes budget-reporting and enforcement procedures for legislation affecting direct spending or revenues. The net changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 4680, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON MARCH 16, 2016 -------------------------------------------------------------------------------------------------------------------------------------------------------- By fiscal year, in millions of dollars-- ------------------------------------------------------------------------------------------------------------ 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016-2021 2016-2026 -------------------------------------------------------------------------------------------------------------------------------------------------------- NET DECREASE (-) IN THE DEFICIT Statutory Pay-As-You-Go Impact............. 0 -2 0 0 0 0 0 0 0 0 0 -2 -2 -------------------------------------------------------------------------------------------------------------------------------------------------------- Intergovernmental and private-sector impact: H.R. 4680 contains no intergovernmental or private-sector mandates as defined in UMRA and would not affect the budgets of state, local, or tribal governments. Increase in long term direct spending and deficits: CBO estimates that enacting H.R. 4680 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. Estimate prepared by: Federal costs: Marin Burnett; Impact on state, local, and tribal governments: Jon Sperl; Impact on the private sector: Logan Smith. Estimated approved by: H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 2. Section 308(a) of Congressional Budget Act. As required by clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, this bill does not contain any new budget authority, credit authority, or an increase or decrease in revenues or tax expenditures. The Congressional Budget Office (CBO) estimates that implementing the bill would cost $140 million over 2017-2021 and $65 million after 2021, subject to appropriation of those amounts. In addition, the bill would affect direct spending by increasing offsetting receipts and the direct spending of those receipts. This ``would result in a small net increase of receipts of about $2 million over the 2017-2026 period''. 3. General Performance Goals and Objectives. As required by clause 3(c)(4) of rule XIII, the general performance goal or objective of this bill is to prepare the National Park Service for its Centennial in 2016 and for a second century of promoting and protecting the natural, historic, and cultural resources for our National Parks for the enjoyment of present and future generations. Earmark Statement This bill does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. Compliance With Public Law 104-4 This bill contains no unfunded mandates. Compliance With H. Res. 5 Directed Rule Making. The Chairman does not believe that this bill directs any executive branch official to conduct any specific rule-making proceedings. Duplication of Existing Programs. This bill does not establish or reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111-139 or identified in the most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95-220, as amended by Public Law 98-169) as relating to other programs. Preemption of State, Local or Tribal Law This bill is not intended to preempt any State, local or tribal law. Changes in Existing Law Made by the Bill, as Reported In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman): FEDERAL LANDS RECREATION ENHANCEMENT ACT * * * * * * * DIVISION J--OTHER MATTERS * * * * * * * TITLE VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT * * * * * * * SEC. 805. RECREATION PASSES. (a) America the Beautiful--the National Parks and Federal Recreational Lands Pass.-- (1) Availability and use.--The Secretaries shall establish, and may charge a fee for, an interagency national pass to be known as the ``America the Beautiful--the National Parks and Federal Recreational Lands Pass'', which shall cover the entrance fee and standard amenity recreation fee for all Federal recreational lands and waters for which an entrance fee or a standard amenity recreation fee is charged. (2) Image competition for recreation pass.--The Secretaries shall hold an annual competition to select the image to be used on the National Parks and Federal Recreational Lands Pass for a year. The competition shall be open to the public and used as a means to educate the American people about Federal recreational lands and waters. (3) Notice of establishment.--The Secretaries shall publish a notice in the Federal Register when the National Parks and Federal Recreational Lands Pass is first established and available for purchase. (4) Duration.--The National Parks and Federal Recreational Lands Pass shall be valid for a period of 12 months from the date of the issuance of the recreation pass to a passholder, except in the case of the age and disability discounted passes issued under subsection (b). (5) Price.--The Secretaries shall establish the price at which the National Parks and Federal Recreational Lands Pass will be sold to the public. (6) Sales locations and marketing.-- (A) In general.--The Secretary shall sell the National Parks and Federal Recreational Lands Pass at all Federal recreational lands and waters at which an entrance fee or a standard amenity recreation fee is charged and at such other locations as the Secretaries consider appropriate and feasible. (B) Use of vendors.--The Secretary may enter into fee management agreements as provided in section 6. (C) Marketing.--The Secretaries shall take such actions as are appropriate to provide for the active marketing of the National Parks and Federal Recreational Lands Pass. (7) Administrative guidelines.--The Secretaries shall issue guidelines on administration of the National Parks and Federal Recreational Lands Pass, which shall include agreement on price, the distribution of revenues between the Federal land management agencies, the sharing of costs, benefits provided, marketing and design, adequate documentation for age and disability discounts under subsection (b), and the issuance of that recreation pass to volunteers. The Secretaries shall take into consideration all relevant visitor and sales data available in establishing the guidelines. (8) Development and implementation agreements.--The Secretaries may enter into cooperative agreements with governmental and nongovernmental entities for the development and implementation of the National Parks and Federal Recreational Lands Pass Program. (9) Prohibition on other national recreation passes.--The Secretary may not establish any national recreation pass, except as provided in this section. (b) Discounted Passes.-- (1) Age discount.--[The Secretary] (A) The Secretary shall make the National Parks and Federal Recreational Lands Pass available[, at a cost of $10.00,] to any United States citizen or person domiciled in the United States who is 62 years of age or older, if the citizen or person provides adequate proof of such age and such citizenship or residency. The National Parks and Federal Recreational Lands Pass made available under this subsection [shall be valid for the lifetime of the pass holder.] shall be available-- (i) for a period of 12 months from the date of the issuance, at a cost of $20; and (ii) for the lifetime of the passholder, at a cost equal to the cost of the National Parks and Federal Recreational Lands Pass purchased under subsection (a). (B) Amounts in excess of $10 that are charged by the National Park Service for a pass under subparagraph (A)(i) shall be deposited in the National Park Centennial Challenge Fund established under section 101(a) of the National Park Service Centennial Act. (2) Disability discount.--The Secretary shall make the National Parks and Federal Recreational Lands Pass available, without charge, to any United States citizen or person domiciled in the United States who has been medically determined to be permanently disabled for purposes of section 7(20)(B)(i) of the Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)(i)), if the citizen or person provides adequate proof of the disability and such citizenship or residency. The National Parks and Federal Recreational Lands Pass made available under this subsection shall be valid for the lifetime of the passholder. (c) Site-Specific Agency Passes.--The Secretary may establish and charge a fee for a site-specific pass that will cover the entrance fee or standard amenity recreation fee for particular Federal recreational lands and waters for a specified period not to exceed 12 months. (d) Regional Multientity Passes.-- (1) Passes authorized.--The Secretary may establish and charge a fee for a regional multientity pass that will be accepted by one or more Federal land management agencies or by one or more governmental or nongovernmental entities for a specified period not to exceed 12 months. To include a Federal land management agency or governmental or nongovernmental entity over which the Secretary does not have jurisdiction, the Secretary shall obtain the consent of the head of such agency or entity. (2) Regional multientity pass agreement.--In order to establish a regional multientity pass under this subsection, the Secretary shall enter into a regional multientity pass agreement with all the participating agencies or entities on price, the distribution of revenues between participating agencies or entities, the sharing of costs, benefits provided, marketing and design, and the issuance of the pass to volunteers. The Secretary shall take into consideration all relevant visitor and sales data available when entering into this agreement. (e) Discounted or Free Admission Days or Use.--The Secretary may provide for a discounted or free admission day or use of Federal recreational lands and waters. (f) Effect on Existing Passports and Permits.-- (1) Existing passports.--A passport issued under section 4 of the Land and Water Conservation Fund Act of 1965 or title VI of the National Parks Omnibus Management Act of 1998 (Public Law 105-391), such as the Golden Eagle Passport, the Golden Age Passport, the Golden Access Passport, and the National Parks Passport, that was valid on the day before the publication of the Federal Register notice required under subsection (a)(3) shall be valid in accordance with the terms agreed to at the time of issuance of the passport, to the extent practicable, and remain in effect until expired, lost, or stolen. (2) Permits.--A permit issued under section 4 of the Land and Water Conservation Fund Act of 1965 that was valid on the day before the date of the enactment of this Act shall be valid and remain in effect until expired, revoked, or suspended. * * * * * * * ---------- TITLE 54, UNITED STATES CODE Subtitle I--National Park System DIVISION A--ESTABLISHMENT AND GENERAL ADMINISTRATION Chap. Sec. General Provisions..........................................100101 * * * * * * * Education and Interpretation................................100801 * * * * * * * SUBTITLE I--NATIONAL PARK SYSTEM DIVISION A--ESTABLISHMENT AND GENERAL ADMINISTRATION * * * * * * * CHAPTER 1008--EDUCATION AND INTERPRETATION Sec. 100801. Purposes. 100802. Definitions. 100803. Interpretation and education authority. 100804. Interpretation and education evaluation and quality improvement. 100805. Improved use of partners and volunteers in interpretation and education. Sec. 100801. Purposes The purposes of this chapter are-- (1) to more effectively achieve the mission of the Service by providing clear authority and direction for interpretation and education programs that are carried out by the Service under separate authorities; (2) to ensure that the public encounters a variety of interpretive and educational opportunities and services during their visits to our System units; (3) to recognize that the Service provides lifelong learning opportunities and contributes to interdisciplinary learning in traditional and non- traditional educational settings; and (4) to provide opportunities for all people to find relevance in the System and to strengthen public understanding of our natural and cultural heritage. Sec. 100802. Definitions As used in this chapter: (1) Interpretation.--The term ``interpretation''-- (A) means providing opportunities for people to form intellectual and emotional connections to gain awareness, appreciation, and understanding of the resources of the System; and (B) may refer to the professional career field of Service employees, volunteers, and partners who interpret the resources of the System. (2) Education.--The term ``education'' means enhancing public awareness, understanding, and appreciation of the resources of the System through learner-centered, place-based materials, programs, and activities that achieve specific learning objectives as identified in a curriculum. (3) Related areas.--The term ``related areas'' means-- (A) national wild and scenic rivers and national trails; (B) national heritage areas; and (C) affiliated areas administered in connection with the System. Sec. 100803. Interpretation and education authority The Secretary shall ensure that management of System units and related areas is enhanced by the availability and use of a broad program of the highest quality interpretation and education. Sec. 100804. Interpretation and education evaluation and quality improvement The Secretary may undertake a program of regular evaluation of interpretation and education programs to ensure that they-- (1) adjust to how people learn and engage with the natural world and shared heritage as embodied in the System; (2) reflect different cultural backgrounds, ages, education, gender, abilities, ethnicity, and needs; (3) demonstrate innovative approaches to management and appropriately incorporate emerging learning and communications technology; and (4) reflect current scientific and academic research, content, methods, and audience analysis. Sec. 100805. Improved use of partners and volunteers in interpretation and education The Secretary may-- (1) coordinate with park partners and volunteers in the delivery of quality programs and services to supplement those provided by the Service as part of a park's Long Range Interpretive Plan; (2) support interpretive partners by providing opportunities to participate in interpretive training; and (3) collaborate with other Federal and non-Federal public or private agencies, organizations, or institutions for the purposes of developing, promoting, and making available educational opportunities related to resources of the System and programs. CHAPTER 1011--DONATIONS SUBCHAPTER I--AUTHORITY OF SECRETARY Sec. 101101. Authority to accept land, rights-of-way, buildings, other property, and money. * * * * * * * SUBCHAPTER II--NATIONAL PARK FOUNDATION * * * * * * * 101121. Second Century Endowment for the National Park Service. 101122. Authorization of appropriations. * * * * * * * SUBCHAPTER II--NATIONAL PARK FOUNDATION * * * * * * * Sec. 101112. Board [(a) Membership.--The National Park Foundation shall consist of a Board having as members the Secretary, the Director, and no fewer than 6 private citizens of the United States appointed by the Secretary.] (a) Membership.--The National Park Foundation shall consist of a Board having as members no fewer than 6 private citizens of the United States appointed by the Secretary. The Secretary and the Director shall be non-voting members of the Board, ex officio. (b) Term of Office and Vacancies.--The term of the private citizen members of the Board is 6 years. If a successor is chosen to fill a vacancy occurring prior to the expiration of a term, the successor shall be chosen only for the remainder of that term. [(c) Chairman and Secretary.--The Secretary shall be the Chairman of the Board and the Director shall be the Secretary of the Board.] (c) Chairman.--The Chairman shall be elected by the Board from its members for a two-year term. (d) Board Membership Not an Office.--Membership on the Board shall not be an office within the meaning of the statutes of the United States. (e) Quorum.--A majority of the members of the Board serving at any time shall constitute a quorum for the transaction of business. (f) Seal.--The National Park Foundation shall have an official seal, which shall be judicially noticed. (g) Meetings.--The Board shall meet at the call of the Chairman and there shall be at least one meeting each year. (h) Compensation and Reimbursement.--No compensation shall be paid to the members of the Board for their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as members out of National Park Foundation funds available to the Board for those purposes. Sec. 101113. Gifts, devises, or bequests (a) Authority To Accept Gifts, Devises, or Bequests.-- (1) In general.--The National Park Foundation may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust of real or personal property, or any income from, or other interest in, the gift, devise, or bequest, for the benefit of, or in connection with, the Service, its activities, or its services. (2) Coordination with service.--Activities of the National Park Foundation under paragraph (1) shall be undertaken after consultation with the Director to ensure that those activities are consistent with the programs and policies of the Service. [(2)] (3) Gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests.--A gift, devise, or bequest may be accepted by the National Park Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Service, its activities, or its services. (b) When Gift, Devise, or Bequest May Not Be Accepted.--The National Park Foundation may not accept any gift, devise, or bequest that entails any expenditure other than from the resources of the Foundation. (c) Interest in Real Property.--For purposes of this section, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. * * * * * * * Sec. 101121. Second Century Endowment for the National Park Service (a) Second Century Endowment.--To further the mission of the Service, the National Park Foundation shall establish a special account to be known as the ``Second Century Endowment for the National Park Service''. (1) Funds for the endowment.-- (A) The Endowment shall consist of any gifts, devises, or bequests that are provided to the National Park Foundation for such purpose. (B) The National Park Foundation shall deposit any funds received for the Endowment in a federally insured interest-bearing account or may invest funds in appropriate security obligations, as directed by the Board of Directors. (C)(i) The Secretary shall, either directly or through a concessions contract, lease, or similar instrument, impose a fee in a System unit in addition to the daily cost of lodging in facilities in that System unit. Amounts collected under this clause shall be deposited into the Endowment. (ii) The Secretary shall ensure that a fee imposed under this subparagraph in a System unit does not raise the aggregate amount of fees imposed by local, State, and Federal governments to more than 5 percent of the base daily cost of lodging in facilities in that System unit. (iii) No fees may be charged under this subparagraph within a unit of the National Park System for-- (I) employees of the National Park System, including seasonal employees or employees of concessioners, who live in housing provided in a national park due to their employment and house guests of such employees; (II) persons engaged in residential educational and interpretive programs who are lodged in national park facilities while participating in these programs; and (III) lodging on private property within a unit of the National Park System. (D) Any accrued interest or dividends earned on funds received for the Endowment shall be added to the principal and form a part of the Endowment. (2) Use of funds.-- (A) The National Park Foundation shall use funds deposited in the Endowment for projects and activities approved by the Secretary that further the mission and purposes of the Service. (B) In administering the Endowment each fiscal year, the National Park Foundation shall be guided by the District of Columbia Uniform Prudent Management of Institutional Funds Act of 2007 (D.C. Code Sec. 44-1631 et seq.), including section 44-1633 on expenditures. (C) No funds received for the Endowment shall be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. (b) Summary.--Beginning 2 years after the date of the enactment of this section, the National Park Foundation shall include with its annual report a summary of the status of the Endowment. The summary shall include-- (1) a statement of the amounts deposited in the Endowment during the fiscal year; (2) the amount of the balance remaining in the Endowment at the end of the fiscal year; and (3) a description of the sums and purposes of the expenditures made from the Endowment for the fiscal year. Sec. 101122. Authorization of appropriations (a) In General.--There are authorized to be appropriated to carry out this subchapter $25,000,000 for each of fiscal years 2017 through 2023. (b) Requirement of Advance Payment.--The amount made available for a fiscal year under subsection (a) shall be provided to the National Park Foundation in an advance payment of the entire amount on October 1 of the fiscal year, or as soon as practicable thereafter. (c) Use of Appropriated Funds.--Amounts made available under subsection (a) shall be provided to the National Park Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made to the Foundation. (d) Prohibition Use for Administrative Expenses.--No Federal funds made available under subsection (a) shall be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. (e) Prohibition Use for Investment.--The National Park Foundation shall not place Federal funds made available under subsection (a) into any fund that will be invested or earn interest in any way. * * * * * * * CHAPTER 1023--PROGRAMS AND ORGANIZATIONS * * * * * * * Sec. 102301. Volunteers in parks program (a) Establishment.--The Secretary may recruit, train, and accept, without regard to chapter 51 and subchapter III of chapter 53 of title 5 or regulations prescribed under that chapter or subchapter, the services of individuals without compensation as volunteers for or in aid of interpretive functions or other visitor services or activities in and related to System units and related areas. In accepting those services, the Secretary shall not permit the use of volunteers in hazardous duty or law enforcement work or in policymaking processes, or to displace any employee. The services of individuals whom the Secretary determines are skilled in performing hazardous activities may be accepted. (b) Incidental Expenses.--The Secretary may provide for incidental expenses of volunteers, such as transportation, uniforms, lodging, and subsistence. (c) Federal Employee Status for Volunteers.-- (1) Employment status of volunteers.--Except as otherwise provided in this section, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (2) Tort claims.--For the purpose of sections 1346(b) and 2401(b) and chapter 171 of title 28, a volunteer under this chapter shall be deemed a Federal employee. (3) Volunteers deemed civil employees.--For the purposes of subchapter I of chapter 81 of title 5, volunteers under this chapter shall be deemed civil employees of the United States within the meaning of the term ``employee'' as defined in section 8101 of title 5, and subchapter I of chapter 81 of title 5 shall apply. (4) Compensation for losses and damages.--For the purpose of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer under this chapter shall be deemed a Federal employee, and section 3721 of title 31 shall apply. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section [not more than $7,000,000] not more than $10,000,000 for each fiscal year. * * * * * * * SUBTITLE III--NATIONAL PRESERVATION PROGRAMS * * * * * * * DIVISION A--HISTORIC PRESERVATION * * * * * * * SUBDIVISION 3--ADVISORY COUNCIL ON HISTORIC PRESERVATION CHAPTER 3041--ADVISORY COUNCIL ON HISTORIC PRESERVATION Sec. 304101. Establishment; vacancies (a) Establishment.--There is established as an independent agency of the United States Government an Advisory Council on Historic Preservation, which shall be composed of the following members: (1) A Chairman appointed by the President selected from the general public. (2) The Secretary. (3) The Architect of the Capitol. (4) The Secretary of Agriculture and the heads of 7 other agencies of the United States (other than the Department of the Interior), the activities of which affect historic preservation, designated by the President. (5) One Governor appointed by the President. (6) One mayor appointed by the President. (7) The President of the National Conference of State Historic Preservation Officers. (8) The General Chairman of the National Association of Tribal Historic Preservation Officers. [(8)] (9) The Chairman of the National Trust. [(9)] (10) Four experts in the field of historic preservation appointed by the President from architecture, history, archeology, and other appropriate disciplines. [(10)] (11) Three members from the general public, appointed by the President. [(11)] (12) One member of an Indian tribe or Native Hawaiian organization who represents the interests of the Indian tribe or Native Hawaiian organization of which he or she is a member, appointed by the President. (b) Designation of Substitutes.--Each member of the Council specified in paragraphs (2) to (5)[, (7), and (8)] and (7) through (9) of subsection (a) may designate another officer of the department, agency, or organization to serve on the Council instead of the member, except that, in the case of paragraphs (2) and (4), no officer other than an Assistant Secretary or an officer having major department-wide or agency-wide responsibilities may be designated. (c) Term of Office.--Each member of the Council appointed [under paragraphs (1) and (9) to (11)] under paragraphs (10) through (12) of subsection (a) shall serve for a term of 4 years from the expiration of the term of the member's predecessor. The members appointed under paragraphs (5) and (6) shall serve for the term of their elected office but not in excess of 4 years. [An appointed member may not serve more than 2 terms] An appointed member, other than the Chairman of the Council, may not serve more than 2 terms. An appointed member whose term has expired shall serve until that member's successor has been appointed. (d) Vacancies.--A vacancy in the Council shall not affect its powers, but shall be filled, not later than 60 days after the vacancy commences, in the same manner as the original appointment (and for the balance of the unexpired term). (e) Chairman--(1) After January 20, 2017, the Chairman shall-- (A) be appointed by the President; (B) serve at the will of the President; (C) serve full time; and (D) be compensated at the rate provided for Level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). (2) The Chairman shall serve for a term of 4 years and may be reappointed once, for a total of not more than 8 years of service as Chairman, except that a Chairman whose appointment has expired under this paragraph shall serve until his or her successor has been appointed. The term of a Chairman shall start (regardless of actual appointment date) on January 20 after each general Presidential election. The first Chairman appointed after the date of enactment of this paragraph shall have a first term commencing on January 20, 2017, and ending on January 19, 2021. (3) The Chairmen before the first appointment of a Chairman in accordance with paragraph (1) of this subsection shall receive $100 per diem when engaged in the performance of the duties of the Council, and shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council. [(e)] (f) Designation of Vice Chairman.--The President shall designate a Vice Chairman from the members appointed under [paragraph (5), (6), (9), or (10)] paragraph (5), (6), (10), or (11) of subsection (a). The Vice Chairman [may act in place] shall perform the functions of the Chairman during the absence or disability of the Chairman or when the office is vacant. [(f)] (g) Quorum.--[Twelve members] Thirteen members of the Council shall constitute a quorum. * * * * * * * Sec. 304104. Compensation of members of Council The members of the Council specified in paragraphs (2), (3), and (4) of section 304101(a) of this title shall serve without additional compensation. The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101. The other members of the Council shall receive $100 per diem when engaged in the performance of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council. Sec. 304105. Administration (a) Executive Director.--There shall be an Executive Director of the Council who shall be appointed by the Chairman with the concurrence of the Council in the competitive service at a rate within the General Schedule, in the competitive service at a rate that may exceed the rate prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5, or in the Senior Executive Service under section 3393 of title 5. The Executive Director shall [report directly to the Council] report directly to the Chairman and perform such functions and [duties as the Council may prescribe] duties as the Chairman may prescribe. (b) General Counsel and Appointment of Other Attorneys.-- (1) General counsel.--The Council shall have a General Counsel, who shall be appointed by the Executive Director. The General Counsel shall report directly to the Executive Director and serve as the Council's legal advisor. (2) Appointment of other attorneys.--The Executive Director shall appoint other attorneys as may be necessary to-- (A) assist the General Counsel; (B) represent the Council in court when appropriate, including enforcement of agreements with Federal agencies to which the Council is a party; (C) assist the Department of Justice in handling litigation concerning the Council in court; and (D) perform such other legal duties and functions as the Executive Director and the Council may direct. (c) Appointment and Compensation of Officers and Employees.-- The Executive Director of the Council may appoint and fix the compensation of officers and employees in the competitive service who are necessary to perform the functions of the Council at rates not to exceed that prescribed for the highest rate for grade 15 of the General Schedule under section 5332 of title 5. The Executive Director, with the concurrence of the Chairman, may appoint and fix the compensation of not to exceed 5 employees in the competitive service at rates that exceed that prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5 or in the Senior Executive Service under section 3393 of title 5. (d) Appointment and Compensation of Additional Personnel.-- The Executive Director may appoint and fix the compensation of such additional personnel as may be necessary to carry out the Council's duties, without regard to the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5. (e) Expert and Consultant Services.--The Executive Director may procure expert and consultant services in accordance with section 3109 of title 5. (f) Financial and Administrative Services.-- (1) Services to be provided by secretary, agency, or private entity.--Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the Council by the Secretary or, at the discretion of the Council, another agency or private entity that reaches an agreement with the Council, for which payments shall be made in advance, or by reimbursement, from funds of the Council in such amounts as may be agreed on by the Chairman of the Council and the head of the agency or the authorized representative of the private entity that will provide the services. (2) Federal agency regulations relating to collection apply.--When a Federal agency affords those services, the regulations of that agency under section 5514(b) of title 5 for the collection of indebtedness of personnel resulting from erroneous payments shall apply to the collection of erroneous payments made to or on behalf of a Council employee, and regulations of that agency under sections 1513(d) and 1514 of title 31 for the administrative control of funds shall apply to appropriations of the Council. The Council shall not be required to prescribe those regulations. (g) Funds, Personnel, Facilities, and Services.-- (1) Provided by federal agency.--Any Federal agency may provide the Council, with or without reimbursement as may be agreed on by the Chairman and the agency, with such funds, personnel, facilities, and services under its jurisdiction and control as may be needed by the Council to carry out its duties, to the extent that the funds, personnel, facilities, and services are requested by the Council and are otherwise available for that purpose. Any funds provided to the Council pursuant to this subsection shall be obligated by the end of the fiscal year following the fiscal year in which the funds are received by the Council. (2) Obtaining additional property, facilities, and services and receiving donations of money.--To the extent of available appropriations, the Council may obtain by purchase, rental, donation, or otherwise additional property, facilities, and services as may be needed to carry out its duties and may receive donations of money for that purpose. The Executive Director may accept, hold, use, expend, and administer the property, facilities, services, and money for the purposes of this division. (h) Rights, Benefits, and Privileges of Transferred Employees.--Any employee in the competitive service of the United States transferred to the Council under section 207 of the National Historic Preservation Act (Public Law 89-665) retains all the rights, benefits, and privileges pertaining to the competitive service held prior to the transfer. (i) Exemption From Federal Advisory Committee Act.--The Council is exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (j) Provisions That Govern Operations of Council.--Subchapter II of chapter 5 and chapter 7 of title 5 shall govern the operations of the Council. * * * * * * * DIVISION B--ORGANIZATIONS AND PROGRAMS * * * * * * * SUBDIVISION 2--ADMINISTERED JOINTLY WITH NATIONAL PARK SERVICE * * * * * * * CHAPTER 3111--PRESERVE AMERICA PROGRAM * * * * * * * Sec. 311103. Designation of Preserve America Communities (a) Application.--To be considered for designation as a Preserve America Community, a community, tribal area, or neighborhood shall submit to the Council an application containing such information as the Council may require. (b) Criteria.--To be designated as a Preserve America Community under the program, a community, tribal area, or neighborhood that submits an application under subsection (a) shall, as determined by the [Council] Chairman of the Council, in consultation with the Secretary, meet criteria required by the [Council] Chairman of the Council and, in addition, consider-- (1) protection and celebration of the heritage of the community, tribal area, or neighborhood; (2) use of the historic assets of the community, tribal area, or neighborhood for economic development and community revitalization; and (3) encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs. (c) Local Governments Previously Certified for Historic Preservation Activities.--The Council shall establish an expedited process for Preserve America Community designation for local governments previously certified for historic preservation activities under section 302502 of this title. (d) Guidelines.--The [Council] Chairman of the Council, in consultation with the Secretary, shall establish any guidelines that are necessary to carry out this section. * * * * * * * ---------- PUBLIC LANDS CORPS ACT OF 1993 * * * * * * * TITLE II--PUBLIC LANDS CORPS * * * * * * * SEC. 203. DEFINITIONS. For purposes of this title: (1) Appropriate conservation project.--The term ``appropriate conservation project'' means any project for the conservation, restoration, construction or rehabilitation of natural, cultural, historic, archaeological, recreational, or scenic resources. (2) Corps and public lands corps.--The terms ``Corps'' and ``Public Lands Corps'' mean the Public Lands Corps established under section 204. (3) Eligible service lands.--The term ``eligible service lands''means public lands, Indian lands, and Hawaiian home lands. (4) Hawaiian home lands.--The term ``Hawaiian home lands'' means all lands given the status of Hawaiian home lands under section 204 of the Hawaiian Homes Commission Act, 1920 (42 Stat. 1101, or under the corresponding provisjon of the Constitution of the State of Hawaii adopted under section 4 of the Act entitled ``An Act to provide for the admission of the State of Hawaii into the Union'', approved March 18, 1959 (Public Law 863; 73 Stat. 5). (5) Indian.--The term ``Indian'' means a person who-- (A) is a member of an Indian tribe; or (B) is a ``Native'', as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). (6) Indian lands.--The term ``Indian lands'' means-- (A) any Indian reservation; (B) any public domain Indian allotments; (C) any former Indian reservation in the State of Oklahoma; (D) any land held by incorporated Native regional corporations, and village corporations under the Alaska Native Claims Settlement Act (43 U.S.C. 1701 et seq.); and (E) any land held by dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State. (7) Indian tribe.--The term ``Indian tribe'' means an Indian tribe, band, nation, or other organized group or community, including any Native village, Regional Corporation, or Village Corporation, as defined m subsection (c), (g), or (j), respectively, of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602 (c), (g), or (j)), that is recognized as eligible for the special programs and services provided by the United States under federal law to Indians because of their status as Indians. (8) Priority project.--The term ``priority project'' means an appropriate conservation project conducted on eligible service lands to further 1 or more of the purposes of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et seq.), as follows: (A) To reduce wildfire risk to a community, municipal water supply, or other at-risk Federal land. (B) To protect a watershed or address a threat to forest and rangeland health, including catastrophic wildfire. (C) To address the impact of insect or disease infestations or other damaging agents on forest and rangeland health. (D) To protect, restore, or enhance forest ecosystem components to-- (i) promote the recovery of threatened or endangered species; (ii) improve biological diversity; or (iii) enhance productivity and carbon sequestration. (9) Public lands.--The term ``public lands'' means any lands or waters (or interest therein) owned or administered by the United States, except that such term does not include any Indian lands. (10) Qualified youth or conservation corps.--The term ``qualified outh or conservation corps'' means any program established by a State or local government, by the governing body of any Indian tribe, or by a nonprofit organization that-- (A) is capable of offering meaningful, full- time, productive work for individuals between the ages of 16 and [25] 30, inclusive, in a natural or cultural resource setting; (B) gives participants a mix of work experience, basic and life skills, education, training, and support services; and (C) provides participants with the opportunity to develop citizenship values and skills through service to their community and the United States. (11) Resource assistant.--The term ``resource assistant'' means a resource assistant selected under section 206. (12) Secretary.--The term ``Secretary'' means-- (A) with respect to National Forest System land, the Secretary of Agriculture; and (B) with respect to Indian lands, Hawaiian home lands, or land administered by the Department of the Interior, the Secretary of the Interior. (13) State.--The term ``State'' means any State of the United States, the Distnct of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 204. PUBLIC LANDS CORPS PROGRAM. (a) Establishment of Public Lands Corps.--There is hereby established in the Department of the Interior and the Department of Agriculture a Public Lands Corps. (b) Participants.--The Corps shall consist of individuals between the ages of 16 and [25] 30, inclusive, who are enrolled as participants in the Corps by the Secretary. To be eligible for enrollment in the Corps, an individual shall satisfy the criteria specified in section 137(b) of the National and Community Service Act of 1990. The Secretary may enroll such individuals in the Corps without regard to the civil service and classification laws, rules, or regulations of the United States. The Secretary may establish a preference for the enrollment in the Corps of individuals who are economically, physically, or educationally disadvantaged. (c) Qualified Youth or Conservation Corps.-- (1) In general.--The Secretary is authorized to enter into contracts and cooperative agreements with any qualified youth or conservation corps to perform appropriate conservation projects referred to in subsection (d). (2) Preference.-- (A) In general.--For purposes of entering into contracts and cooperative agreements under paragraph (1), the Secretary may give preference to qualified youth or conservation corps located in a specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged to carry out projects within the area. (B) Priority projects.--In carrying out priority projects in a specific area, the Secretary shall, to the maximum extent practicable, give preference to qualified youth or conservation corps located in that specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged. (d) Projects To Be Carried Out.-- (1) In general.--The Secretary may utilize the Corps or any qualified youth or conservation corps to carry out appropriate conservation projects which the Secretary is authorized to carry out under other authority of law on public lands. (2) Projects on indian lands.--Appropriate conservation projects may also be carried out under this title on Indian lands with the approval of the Indian tribe involved and on Hawaiian home lands with the approval of the Department of Hawaiian Home Lands of the State of Hawaii. (3) Disaster prevention or relief projects.--The Secretary may authorize appropriate conservation projects and other appropriate projects to be carried out on Federal, State, local, or private land as part of a Federal disaster prevention or relief effort. (e) Preference for Certain Projects.--In selecting appropriate conservation projects to be carried out under this title, the Secretary shall give preference to those projects which-- (1) will provide long-term benefits to the public; (2) will instill in the enrollee involved a work ethic and a sense of public service; (3) will be labor intensive; (4) can be planned and initiated promptly; and (5) will provide academic, experiential, or environmental education opportunities. (f) Consistency.--Each appropriate conservation project carried out under this title on eligible service lands shall be consistent with the provisions of law and policies relating to the management and administration of such lands, with all other applicable provisions of law, and with all management, operational, and other plans and documents which govern the administration of the area. * * * * * * * SEC. 207. LIVING ALLOWANCES AND TERMS OF SERVICE. (a) Living Allowances.--The Secretary shall provide each participant in the Public Lands Corps and each resource assistant with a living allowance in an amount established by the Secretary. (b) Terms of Service.--Each participant in the Corps and each resource assistant shall agree to participate in the Corps or serve as a resource assistant, as the case may be, for such term of service as may be established by the Secretary enrolling or selecting the individual. (c) Hiring.--The Secretary may-- (1) grant to a member of the Public Lands Corps credit for time served with the Public Lands Corps, which may be used toward future Federal hiring; and (2) provide to a former member of the Public Lands Corps noncompetitive hiring status for a period of not more than [120 days] 2 years after the date on which the member's service with the Public Lands Corps is complete. * * * * * * * ---------- TITLE 5, UNITED STATES CODE * * * * * * * PART III--EMPLOYEES * * * * * * * SUBPART D--PAY AND ALLOWANCES * * * * * * * CHAPTER 53--PAY RATES AND SYSTEMS * * * * * * * SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES * * * * * * * Sec. 5316. Positions at level V Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Administrator, Bonneville Power Administration, Department of the Interior. Administrator of the National Capital Transportation Agency. Associate Administrators of the Small Business Administration (4). Associate Administrators, National Aeronautics and Space Administration (7). Associate Deputy Administrator, National Aeronautics and Space Administration. Deputy Associate Administrator, National Aeronautics and Space Administration. Archivist of the United States. Assistant Secretary of Health and Human Services for Administration. Assistant Attorney General for Administration. Assistant and Science Adviser to the Secretary of the Interior. Chairman, Foreign Claims Settlement Commission of the United States, Department of Justice. Chairman of the Renegotiation Board. Chairman of the Subversive Activities Control Board. Chief Counsel for the Internal Revenue Service, Department of the Treasury. Commissioner, Federal Acquisition Service, General Services Administration. Director, United States Fish and Wildlife Service, Department of the Interior. Commissioner of Indian Affairs, Department of the Interior. Commissioners, Indian Claims Commission (5). Commissioner, Public Buildings Service, General Services Administration. Commissioner of Reclamation, Department of the Interior. Commissioner of Vocational Rehabilitation, Department of Health and Human Services. Commissioner of Welfare, Department of Health and Human Services. Director, Bureau of Mines, Department of the Interior. Director, Geological Survey, Department of the Interior. Deputy Commissioner of Internal Revenue, Department of the Treasury. Associate Director of the Federal Mediation and Conciliation Service. Associate Director for Volunteers, Peace Corps. Associate Director for Program Development and Operations, Peace Corps. Assistants to the Director of the Federal Bureau of Investigation, Department of Justice (2). Assistant Directors, Office of Emergency Planning (3). Fiscal Assistant Secretary of the Treasury. General Counsel of the Agency for International Development. General Counsel of the Nuclear Regulatory Commission. General Counsel of the National Aeronautics and Space Administration. Manpower Administrator, Department of Labor. Members, Renegotiation Board. Members, Subversive Activities Control Board. Assistant Administrator of General Services. Director, United States Travel Service, Department of Commerce. Assistant Director (Program Planning, Analysis and Research), Office of Economic Opportunity. Deputy Director, National Security Agency. Director, Bureau of Land Management, Department of the Interior. Director, National Park Service, Department of the Interior. National Export Expansion Coordinator, Department of Commerce. Staff Director, Commission on Civil Rights. Assistant Secretary for Administration, Department of Transportation. Director, United States National Museum, Smithsonian Institution. Director, Smithsonian Astrophysical Observatory, Smithsonian Institution. Administrator of the Environmental Science Services Administration. Associate Directors of the Office of Personnel Management (5). Assistant Federal Highway Administrator. Deputy Administrator of the National Highway Traffic Safety Administration. Deputy Administrator of the Federal Motor Carrier Safety Administration. Assistant Federal Motor Carrier Safety Administrator. Director, Bureau of Narcotics and Dangerous Drugs, Department of Justice. Vice Presidents, Overseas Private Investment Corporation (3). Deputy Administrator, Federal Transit Administration, Department of Transportation. General Counsel of the Equal Employment Opportunity Commission. Executive Director, Advisory Council on Historic Preservation. Additional Officers, Department of Energy (14). Additional officers, Nuclear Regulatory Commission (5). Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration. Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration. Assistant Administrators (3), National Oceanic and Atmospheric Administration. General Counsel, National Oceanic and Atmospheric Administration. Members, Federal Labor Relations Authority (2) and its General Counsel. Additional officers, Institute for Scientific and Technological Cooperation (2). Additional officers, Office of Management and Budget (6). Chief Scientist, National Oceanic and Atmospheric Administration. Director, Indian Health Service, Department of Health and Human Services. Commissioners, United States Parole Commission (8). Commissioner, Administration on Children, Youth, and Families. Chairman of the Advisory Council on Historic Preservation. * * * * * * *
ADDITIONAL VIEWS The 100th Anniversary of the National Park Service (NPS) is an opportunity for Congress to think big about the future of our national parks. With over 300 million visits in 2015, attendance at national parks is at an all-time high. These visits generate over $32 billion in annual economic activity, a 4-to-1 return on investment, and support nearly 300,000 jobs. Despite soaring popularity and a clear incentive for further investment, funding has not kept pace with the need to replace and repair existing infrastructure and other park resources. As many House Republicans are quick to point out, NPS is saddled with an approximately $12 billion backlog of deferred maintenance projects ranging from decaying roads and worn out bridges, to crumbling visitor centers and leaky faucets. Putting a dent in this backlog requires funding from Congress. That's why we are eager to work on a bipartisan solution to address NPS' funding challenges and provide the agency with the tools it needs to succeed for another hundred years. H.R. 4680, introduced by Natural Resource Committee Chairman Bishop, is similar in many ways to H.R. 3556, a bill with the same name introduced by Natural Resources Ranking Member Grijalva. However, disagreement over how much Congress should invest in NPS as it celebrates its 100th birthday is the key difference between the two bills. H.R. 3556 authorizes more than a billion dollars in mandatory spending over the next three years to directly invest in park infrastructure and visitor services; H.R. 4680, on the other hand, does not include any of this upfront spending to support national parks. At markup, Committee Democrats made the case to add additional funding to the bill. However, an amendment by Ranking Member Grijalva to provide NPS with $300 million per year over the next three years to address the maintenance backlog was rejected by Committee Republicans. Similarly, an amendment by Energy and Mineral Resources Subcommittee Ranking Member Lowenthal to give NPS immediate access to $50 million already earmarked to address the backlog was rejected on a party line vote. Furthermore, H.R. 4680 adjusts the price of the lifetime America the Beautiful Senior Pass from $10 to $80, while including the option of a $20 annual pass. The revenue raised from the adjusted cost will be directed to the National Park Centennial Challenge Fund to finance signature projects across the National Park System. This has the potential to be an important new revenue source for NPS. There are concerns, however, about how the sudden cost increase of the pass will impact access for low-income seniors. In addition to providing an affordable option accessible to all seniors, it is also important that the pass retains its perceived value and continues to encourage visitation among seniors. We are pleased that the Majority partially addressed these concerns by incorporating the $20 annual pass option into the bill. Federal Lands Subcommittee Ranking Member Tsongas went further to address these concerns and offered an amendment to ensure that seniors who purchase four annual passes will be issued a lifetime pass upon validation of receipt. This amendment, however, was withdrawn with a commitment from Chairman Bishop to include a version of the 4-for-1 concept in the final bill. Committee Democrats also made attempts to address ongoing copyright protection issues that have recently forced NPS to change the names of iconic locations in Yosemite National Park, including the former Awahnee Hotel. Without action from Congress, NPS could lose the naming rights to other parks and memorable locations throughout the system. Water, Power, and Oceans Subcommittee Ranking Member Huffman offered an amendment to protect NPS' intellectual property and clarify the rules for the commercial use of national park names and other resources managed by the agency. The Huffman amendment was withdrawn with the understanding that the issue of intellectual property protection will be addressed in the final version of the bill. Representative Huffman also offered an amendment to clarify the role of national park partner organizations. That amendment was withdrawn with a commitment from Chairman Bishop and Ranking Member Grijalva to continue working on the underlying concerns related to the appropriate role of park partner organizations. Lastly, Ranking Member Grijalva offered an amendment to incorporate the text of H.R. 2167--Public Land Service Corps Act--into the underlying bill. The Public Lands Service Corps Act builds on an already successful but underfunded program established in the Public Lands Corps Act of 1993 (P.L. 103-82) and reinvigorates Corps programs by modernizing the scope of eligible projects to reflect new challenges, such as climate change. An enhanced Public Land Corps is a critical program NPS and other federal land management agencies can utilize to address critical maintenance needs and train the next generation of park stewards. This amendment was withdrawn with the commitment from Chairman Bishop that the committee will schedule a hearing on H.R. 2167 before the end of the 114th Congress. While we support the objectives of H.R. 4680, we are disappointed that it does not include even a fraction on the upfront investment outlined in H.R. 3556. Our national parks deserve sustained support from Congress, and we look forward to working with House Republicans on legislation that honors the past and supports the future of NPS. Raul Grijalva, Ranking Member, Committee on Natural Resources. Niki Tsongas. Grace F. Napolitano. Jared Huffman. Jared Polis. Donald S. Beyer, Jr. Alan Lowenthal.