[Pages H10442-H10447]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL PARK SERVICE ADMINISTRATIVE REFORM ACT OF 1996

Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2941) to improve the quantity and quality of the quarters of
land management agency field employees, and for other purposes, as
amended.
The Clerk read as follows:

H.R. 2941

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``National
Park Service Administrative Reform Act of 1996''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. National Park Service Housing Improvement Act.
Sec. 3. Minor boundary revision authority.
Sec. 4. Authorization for certain park facilities to be located outside
of units of the National Park System.
Sec. 5. Elimination of unnecessary congressional reporting
requirements.
Sec. 6. Senate confirmation of the Director of the National Park
Service.
Sec. 7. National Park System Advisory Board authorization.
Sec. 8. Challenge cost-share agreement authority.
Sec. 9. Cost recovery for damage to national park resources.

SEC. 2. NATIONAL PARK SERVICE HOUSING IMPROVEMENT ACT.

(a) Purposes.--The purposes of this section are--
(1) to develop where necessary an adequate supply of
quality housing units for field employees of the National
Park Service within a reasonable time frame;
(2) to expand the alternatives available for construction
and repair of essential government housing;
(3) to rely on the private sector to finance or supply
housing in carrying out this section, to the maximum extent
possible, in order to reduce the need for Federal
appropriations;
(4) to provide increased opportunities for the ownership of
housing by field employees, together with the equity and tax
benefits associated with home ownership;
(5) to ensure that adequate funds are available to provide
for long-term maintenance needs of field employee housing;
and
(6) to eliminate unnecessary government housing and locate
such housing as is required in a manner such that primary
resource values are not impaired.
(b) General Authority.--To enhance the ability of the
Secretary of the Interior (hereinafter in this section
referred to as ``the Secretary''), acting through the
Director of the National Park Service, to effectively manage
units of the National Park System, the Secretary is
authorized where necessary and justified to make available
employee housing, on or off the lands under the
administrative jurisdiction of the National Park Service, and
to rent or lease such housing to field employees of the
National Park Service at rates based on the reasonable value
of the housing in accordance with requirements applicable
under section 5911 of title 5, United States Code.

(c) Review and Revision of Housing Criteria.--Upon the
enactment of this Act, the Secretary shall review and revise
the existing criteria under which housing is provided to
employees of the National Park Service. The review and
revision shall include consideration of the following
criteria:
(1) Required occupancy (whether and under what
circumstances the National Park Service requires, as a
condition of employment, that an employee live at a
particular site or in a specific geographic area). For each
instance in which occupancy is required, full consideration
shall be given to the concept of adequate response time.
(2) Availability and adequacy of non-Federal housing in the
geographic area, including consideration of the degree of
isolation (the time and distance that separate other
potential housing from the workplace of a National Park
Service employee).
(3) Category of employment (seasonal or permanent).
(d) Submission of Report.--A report detailing the results
of the revisions required by subsection (c) shall be
submitted to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate not later than 180 days after the
date of the enactment of this Act. The report shall include
justifications for keeping, or for changing, each of the
criteria or factors used by the Department of the Interior
with regard to the provision of housing to employees of the
National Park Service.
(e) Review of Condition of and Costs Relating to Housing.--
Using the revised criteria developed under subsection (c),
the Secretary shall undertake a review, for each unit of the
National Park System, of existing government-owned housing
provided to employees of the National Park Service. The
review shall include an assessment of the physical condition
of such housing and the suitability of such housing to
effectively carry out the missions of the Department of the
Interior and the National Park Service. For each unit of such
housing, the Secretary shall determine whether the unit is
needed and justified. The review shall include estimates of
the cost of bringing each such unit that is needed and
justified into usable condition that meets all applicable
legal housing requirements or, if the unit is determined to
be obsolete but is still warranted to carry out the missions
of the Department of the Interior and the National Park
Service, the cost of replacing the unit.
(f) Authorization for Housing Agreements.--For those units
of the National Park System for which the review required by
subsections (c) and (e) has been completed, the Secretary is
authorized, pursuant to the authorities contained in this Act
and subject to the appropriation of necessary funds in
advance, to enter into housing agreements with housing
entities under which such housing entities may develop,
construct, rehabilitate, or manage housing, located on or off
public lands, for rent or lease to National Park Service
employees who meet the housing eligibility criteria developed
by the Secretary pursuant to this Act.
(g) Joint Public-Private Sector Housing Programs.--
(1) Lease to build program.--Subject to the appropriation
of necessary funds in advance, the Secretary may--
(A) lease Federal land and interests in land to qualified
persons for the construction of field employee quarters for
any period not to exceed 50 years; and
(B) lease developed and undeveloped non-Federal land for
providing field employee quarters.
(2) Competitive leasing.--Each lease under paragraph (1)(A)
shall be awarded through the use of publicly advertised,
competitively bid, or competitively negotiated contracting
procedures, except that a lease to a field employee housing
cooperative may be awarded noncompetitively if construction
on the leased land is then competitively bid or competitively
negotiated.
(3) Terms and conditions.--Each lease under paragraph
(1)(A)--
(A) shall stipulate whether operation and maintenance of
field employee quarters is to be provided by the lessee,
field employees or the Federal Government;
(B) shall require that the construction and rehabilitation
of field employee quarters be done in accordance with the
requirements of the National Park Service and local
applicable building codes and industry standards;
(C) shall contain such additional terms and conditions as
may be appropriate to protect the Federal interest, including
limits on rents the lessee may charge field employees for the
occupancy of quarters, conditions on maintenance and repairs,
and agreements on the provision of charges for utilities and
other infrastructure; and
(D) may be granted at less than fair market value if the
Secretary determines that such lease will improve the quality
and availability of field employee quarters available.
(4) Contributions by united states.--The Secretary may make
payments, subject to appropriations, or contributions in kind
either in advance of or on a continuing basis to reduce the
costs of planning, construction, or rehabilitation of
quarters on or off Federal lands under a lease under this
subsection.
(5) Third party participation.--A lease under this
subsection may include provision for participation by a third
party, when third party presence is needed or required, and
approved by the Secretary.
(h) Rental Guarantee Program.--
(1) General authority.--Subject to the appropriation of
necessary funds in advance, the Secretary may enter into a
lease to build arrangement as set forth in subsection (g)
with further agreement to guarantee the occupancy of field
employee quarters constructed or rehabilitated under such
lease. A guarantee made under this subsection shall be in
writing.
(2) Limitations.--The Secretary may not guarantee--
(A) the occupancy of more than 75 percent of the units
constructed or rehabilitated under such lease; and
(B) at a rental rate that exceeds the rate based on the
reasonable value of the housing in accordance with
requirements applicable

[[Page H10443]]

under section 5911 of title 5, United States Code.
In no event shall outstanding guarantees be in excess of
$3,000,000.
(3) Rental to government employees.--A guarantee may be
made under this subsection only if the lessee agrees to
permit the Secretary to utilize for housing purposes any
units for which the guarantee is made.
(4) Failure to maintain a satisfactory level of operation
and maintenance.--The lease shall be null and void if the
lessee fails to maintain a satisfactory level of operation
and maintenance.
(i) Joint Development Authority.--The Secretary may use
authorities granted by statute in combination with one
another in the furtherance of providing where necessary and
justified affordable field employee housing.
(j) Contracts for the Management of Field Employee
Quarters.--
(1) General authority.--Subject to the appropriation of
necessary funds in advance, the Secretary may enter into
contracts of any duration for the management, repair, and
maintenance of field employee quarters.
(2) Terms and conditions.--Any such contract shall contain
such terms and conditions as the Secretary deems necessary or
appropriate to protect the interests of the United States and
assure that necessary quarters are available to field
employees.
(k) Joint Employee-Agency Housing Programs.--
(1) Sale of quarters.--
(A) General authority.--Notwithstanding any other provision
of law, the Secretary may sell field employee quarters to
field employees of the agency or a cooperative whose
membership is made up exclusively of field employees of the
agency.
(B) Interest in lands.--The Secretary may only sell a
leasehold interest in lands attendant to the sale of any
quarters under subparagraph (A).
(2) Lease of quarters.--The Secretary may lease Federal
land to field employees of the National Park Service or a
cooperative made up of field employees of the National Park
Service for purposes of constructing employee housing.
(3) Right of first refusal.--The Secretary shall have right
of first refusal when any property transferred under this
subsection is for sale.
(4) Covenants.--The Secretary may establish and enforce
such covenants as may be appropriate to the property, upon
its sale by the Secretary under this subsection.
(5) Fair market value.--The Secretary may sell or transfer
employee quarters under this subsection for less than fair
market value if the Secretary determines that such a sale or
transfer will improve the quality of field employee quarters
available and keep the quarters affordable at the salary
ranges of field employees normally occupying them.
(6) Rule of construction.--Disposal of employee quarters
under this subsection to field employees and cooperatives
whose membership is made up exclusively of field employees
shall not be considered disposal of excess Federal real
property under the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
(7) Continuing employment requirement.--An individual may
occupy employee quarters under this subsection only if the
individual or a member of the family of the individual is
employed at the National Park System unit with respect to
which the quarters are made available.
(8) Notice.--The Secretary may not take any action
authorized pursuant to this section until 180 days after the
Secretary submits a report to the appropriate congressional
committees respecting the authority of this subsection.
(l) Leasing of Seasonal Employee Quarters.--
(1) General authority.--Subject to paragraph (2), the
Secretary may lease quarters at or near a unit of the
national park system for use as seasonal quarters for field
employees. The rent charged to field employees under such a
lease shall be a rate based on the reasonable value of the
quarters in accordance with requirements applicable under
section 5911 of title 5, United States Code.
(2) Limitation.--The Secretary may only issue a lease under
paragraph (1) if the Secretary finds that there is a shortage
of adequate and affordable seasonal quarters at or near such
unit and that--
(A) the requirement for such seasonal field employee
quarters is temporary; or
(B) leasing would be more cost effective than construction
of new seasonal field employee quarters.
(3) Unrecovered costs.--The Secretary may pay the
unrecovered costs of leasing seasonal quarters under this
subsection from annual appropriations for the year in which
such lease is made.
(m) Survey of Existing Facilities.--The Secretary shall--
(1) complete a condition assessment for all field employee
housing, including the physical condition of such housing and
the necessity and suitability of such housing for the
effective prosecution of the agency mission, using existing
information; and
(2) develop a agency-wide priority listing, by structure,
identifying those units in greatest need for repair,
rehabilitation, replacement, or initial construction.
(n) Use of Housing-Related Funds.--Expenditure of any funds
authorized and appropriated for new construction, repair, or
rehabilitation of housing under this section shall follow the
housing priority listing established by the agency under
subsection (m), in sequential order, to the maximum extent
practicable.
(o) Annual Budget Submittal.--The President's proposed
budget to Congress for the first fiscal year beginning after
enactment of this Act, and for each subsequent fiscal year,
shall include identification of nonconstruction funds to be
spent for National Park Service housing maintenance and
operations which are in addition to rental receipts
collected.
(p) Employee Transportation.--The Secretary may use
applicable appropriations of the National Park System for
transportation to and from work, outside of regular working
hours, of field employees, residing in or near a national
park system unit, such transportation to be between the unit
and the city, or intervening points, at reasonable rates to
be determined by the Secretary taking into consideration,
among other factors, comparable rates charged by
transportation companies in the locality for similar
services, the amounts collected for such transportation to be
credited to the current appropriation account available for
administration of the national park system unit concerned and
shall be available to the Secretary for obligation or
expenditure. Any surplus proceeds shall be retained by the
agency for those purposes until expended. If adequate
transportation facilities are available, or shall be
available by any common carrier, at reasonable rates, then
and in that event the services contemplated by this
subsection shall not be offered.
(q) Study of Housing Allowances.--Within 12 months after
the date of enactment of this Act, the Secretary shall
conduct a study to determine the feasibility of providing
eligible employees of the National Park Service with housing
allowances rather than government housing. The study shall
specifically examine the feasibility of providing rental
allowances to temporary and lower paid permanent employees.
Whenever the Secretary submits a copy of such study to the
Office of Management and Budget, he shall concurrently
transmit copies of the report to the Resources Committee of
the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate.
(r) General Provisions.--
(1) Construction limitations on federal lands.--The
Secretary may not utilize any lands for the purposes of
providing field employee housing under this section which
could impact primary resource values of the area or adversely
affect the mission of the agency. Any construction carried
out under this section shall be fully consistent with
approved land management agency plans.
(2) Rental rates.--The Secretary shall establish rental
rates for all quarters occupied by field employees of the
National Park Service that are based on the reasonable value
of the quarters in accordance with requirements applicable
under section 5911 of title 5, United States Code.
(3) Exemption from leasing requirements.--The provisions of
section 5 of the Act of July 15, 1968 (82 Stat. 354, 356; 16
U.S.C. 460l-22), and section 321 of the Act of June 30, 1932
(40 U.S.C. 303b; 47 Stat. 412), shall not apply to leases
issued by the Secretary under this section.
(s) Proceeds.--The proceeds from any lease under subsection
(g)(1)(A)(i), any lease under subsection (k)(2), and any
lease of seasonal quarters under subsection (l), shall be
retained by the National Park Service. Such proceeds shall be
deposited into the special fund established for maintenance
and operation of quarters.
(t) Definitions.--For purposes of this section:
(1) The term ``field employee'' means--
(A) an employee of the National Park Service who is
exclusively assigned by the National Park Service to perform
duties at a field unit, and the members of their family; and
(B) other individuals who are authorized to occupy
Government quarters under section 5911 of title 5, United
States Code, and for whom there is no feasible alternative to
the provision of Government housing, and the members of their
family.
(3) The term ``land management agency'' means the National
Park Service, Department of the Interior.
(4) The term ``primary resource values'' means resources
which are specifically mentioned in the enabling legislation
or identified in the general management plan for that field
unit or other resource value recognized under Federal
statute.
(5) The term ``quarters'' means quarters owned or leased by
the Government.
(6) The term ``seasonal quarters'' means quarters typically
occupied by field employees who are hired on assignments of 6
months or less.

SEC. 3. MINOR BOUNDARY REVISION AUTHORITY.

Section 7(c) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 4601-9(c)) is amended as follows:
(1) In the first sentence, by striking ``Committee on
Natural'' and inserting ``Committee on''.
(2) By striking ``: Provided, however,'' and all that
follows through ``1965'' and inserting the following after
the first sentence: ``In all cases except the case of
technical boundary revisions (resulting from such causes as
survey error or changed road alignments), the authority of
the Secretary under clause (i) shall apply only if each of
the following conditions is met:

[[Page H10444]]

``(1) The sum of the total acreage of lands, waters, and
interests therein to be added to the area and the total such
acreage to be deleted from the area is not more than 5
percent of the total Federal acreage authorized to be
included in the area and is less than 200 acres in size.
``(2) The acquisition, if any, is not a major Federal
action significantly affecting the quality of the human
environment, as determined by the Secretary.
``(3) The sum of the total appraised value of the lands,
water, and interest therein to be added to the area and the
total appraised value of the lands, waters, and interests
therein to be deleted from the area does not exceed $750,000.
``(4) The proposed boundary revision is not an element of a
more comprehensive boundary modification proposal.
``(5) The proposed boundary has been subject to a public
review and comment period.
``(6) The Director of the National Park Service obtains
written support for the boundary modification from all
property owners whose lands, water, or interests therein, or
a portion of whose lands, water, or interests therein, will
be added to or deleted from the area by the boundary
modification.
Minor boundary revisions involving only deletions of acreage
owned by the Federal Government and administered by the
National Park Service may be made only by Act of Congress.''.

SEC. 4. AUTHORIZATION FOR CERTAIN PARK FACILITIES TO BE
LOCATED OUTSIDE OF UNITS OF THE NATIONAL PARK
SYSTEM.

Section 4 of the Act 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'' approved August 18, 1970
(16 U.S.C. 1a-1 et seq.), is amended to read as follows:

``SEC. 4. AUTHORIZATION FOR PARK FACILITIES OUTSIDE
BOUNDARIES OF SYSTEM UNITS.

``(a) Authority.--In order to facilitate the administration
of the national park system, the Secretary of the Interior is
authorized, under such terms and conditions as he may deem
advisable, to establish essential facilities for park
administration, visitor use, and park employee residential
housing outside the boundaries, but within the vicinity, of
units of the national park system for purposes of assuring
conservation, visitor use, and proper management of such
units. Such facilities, and the use thereof, shall be in
conformity with approved plans for the unit concerned. The
Secretary shall use existing facilities wherever feasible.
Such facilities may only be constructed by the Secretary upon
finding that location of such facilities would--
``(1) avoid undue degradation of the primary natural or
cultural resources within the unit;
``(2) enhance service to the public; or
``(3) provide a cost saving to the Federal Government.
``(b) Agreements, Leases, Guidelines, and Construction.--
For the purpose of establishing facilities under subsection
(a):
``(1) The Secretary may enter into agreements permitting
the Secretary to use for such purposes those Federal lands
that the head of a Federal agency having primary authority
over the administration of such land and the Secretary
determine to be suitable for such use.
``(2) The Secretary, under such terms and conditions as the
Secretary determines are reasonable, may, subject to the
appropriation of necessary funds in advance, lease or acquire
(from willing sellers only) by purchase or donation, real
property (other than Federal land), for the purposes
specified in this section.
``(3) For real property acquired pursuant to paragraph (2),
the Secretary shall establish written guidelines setting
forth criteria to be used in determining whether the
acquisition would--
``(A) reflect unfavorably upon the ability of the
Department or an employee to carry out its responsibilities
or official duties in a fair and objective manner; or
``(B) compromise the integrity, or the appearance of
integrity, of the Department's programs or of any official
involved in those programs.
``(4) The Secretary may, subject to the appropriation of
necessary funds in advance, construct, operate, and maintain
such permanent and temporary buildings and facilities as the
Secretary deems appropriate on land which is in the vicinity
of any unit of the national park system for which the
Secretary has acquired authority under this section, except
that the Secretary may not begin construction, operation, or
maintenance of buildings or facilities on land not owned by
the United States until the owner of such lands has entered
into a binding agreement with the Secretary, the terms of
which assure the continued use of such buildings and
facilities for a period of time commensurate with the level
of Federal investment.
``(c) Cooperative Agreements and Joint Ventures for
Infrastructure Facilities.--The Secretary is authorized,
subject to the appropriation of necessary funds in advance,
to enter into cooperative agreements or joint ventures with
local or State governmental agencies, other Federal agencies,
Indian Tribes, and private entities either on or off the
lands subject to the jurisdiction of the Secretary, to
provide appropriate and necessary utility and other
infrastructure facilities in support of park administration,
visitor use, and park employee residential housing.''.

SEC. 5. ELIMINATION OF UNNECESSARY CONGRESSIONAL REPORTING
REQUIREMENTS.

(a) Repeals.--The following provisions are hereby repealed:
(1) Section 302(c) of the Act entitled ``An Act to
authorize the establishment of the Chattahoochee River
National Recreation Area in the State of Georgia, and for
other purposes (Public Law 95-344; 92 Stat. 478; 16 U.S.C.
2302(c)).
(2) Section 503 of the Act of December 19, 1980 (Public Law
96-550; 94 Stat. 3228; 16 U.S.C. 410ii-2).
(3) Subsections (b) and (c) of section 4 of the Act of
October 15, 1982 (Public Law 97-335; 96 Stat. 1628; 16 U.S.C.
341 note).
(4) Section 7 of Public Law 89-671 (96 Stat. 1457; 16
U.S.C. 284f).
(5) Section 3(c) of the National Trails System Act (Public
Law 90-543; 82 Stat. 919; 16 U.S.C. 1242(c)).
(6) Section 4(b) of the Act of October 24, 1984 (Public Law
98-540; 98 Stat. 2720; 16 U.S.C. 1a-8).
(7) Section 106(b) of the National Visitor Center
Facilities Act of 1968 (Public Law 90-264; 82 Stat. 44; 40
U.S.C. 805(b)).
(8) Section 6(f)(7) of the Act of September 3, 1964 (Public
Law 88-578; 78 Stat. 900; 16 U.S.C. 460l-8(f)(7)).
(9) Subsection (b) of section 8 of the Act of August 18,
1970 (Public Law 91-383; 90 Stat. 1940; 16 U.S.C. 1a-5(b)).
(10) The last sentence of section 10(a)(2) of the National
Trails System Act (Public Law 90-543; 82 Stat. 926; 16 U.S.C.
1249(a)(2)).
(11) Section 4 of the Act of October 31, 1988 (Public Law
100-573; 102 Stat. 2891; 16 U.S.C. 460o note).
(12) Section 104(b) of the Act of November 19, 1988 (Public
Law 100-698; 102 Stat. 4621).
(13) Section 1015(b) of the Urban Park and Recreation
Recovery Act of 1978 (Public Law 95-625; 92 Stat. 3544; 16
U.S.C. 2514(b)).
(14) Section 105 of the Act of August 13, 1970 (Public Law
91-378; 16 U.S.C. 1705).
(15) Section 307(b) of the National Historic Preservation
Act (Public Law 89-665; 16 U.S.C. 470w-6(b)).
(b) Amendments.--The following provisions are amended:
(1) Section 10 of the Archaeological Resources Protection
Act of 1979, by striking the last sentence of subsection (c)
(Public Law 96-95; 16 U.S.C. 470ii(c)).
(2) Section 5(c) of the Act of June 27, 1960 (Public Law
86-523; 16 U.S.C. 469a-3(c); 74 Stat. 220), by inserting a
period after ``Act'' and striking ``and shall submit'' and
all that follows.
(3) Section 7(a)(3) of the Act of September 3, 1964 (Public
Law 88-578; 78 Stat. 903; 16 U.S.C. 460l-9(a)(3)), by
striking the last sentence.
(4) Section 111 of the Petroglyph National Monument
Establishment Act of 1990 (Public Law 101-313; 104 Stat.
278), by striking out the second sentence.
(5) Section 307(a) of the National Historic Preservation
Act (Public Law 89-665; 16 U.S.C. 470w-6(a)) is amended by
striking the first and second sentences.
(6) Section 101(a)(1)(B) of the National Historic
Preservation Act (Public Law 89-665; 16 U.S.C. 470a) by
inserting a period after ``Register'' the last place such
term appears and by striking ``and submitted'' and all that
follows.

SEC. 6. SENATE CONFIRMATION OF THE DIRECTOR OF THE NATIONAL
PARK SERVICE.

(a) In General.--The first section of the Act entitled ``An
Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C.
1; commonly referred to as the ``National Park Service
Organic Act''), is amended in the first sentence by striking
``who shall be appointed by the Secretary'' and all that
follows and inserting ``who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Director shall have substantial experience and
demonstrated competence in land management and natural or
cultural resource conservation. The Director shall select two
Deputy Directors. The first Deputy Director shall have
responsibility for National Park Service operations, and the
second Deputy Director shall have responsibility for other
programs assigned to the National Park Service.''.
(b) Effective Date and Application.--The amendment made by
subsection (a) shall take effect on February 1, 1997, and
shall apply with respect to the individual (if any) serving
as the Director of the National Park Service on that date.

SEC. 7. NATIONAL PARK SYSTEM ADVISORY BOARD AUTHORIZATION.

(a) National Park System Advisory Board.--Section 3 of the
Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463) is
amended as follows:
(1) In subsection (a) by striking the first 3 sentences and
inserting in lieu thereof: ``There is hereby established a
National Park System Advisory Board, whose purpose shall be
to advise the Director of the National Park Service on
matters relating to the National Park Service, the National
Park System, and programs administered by the National Park
Service. The Board shall advise the Director on matters
submitted to the Board by the Director as well as any other
issues identified by the Board. Members of the Board shall be
appointed on a staggered

[[Page H10445]]

term basis by the Secretary for a term not to exceed 4 years
and shall serve at the pleasure of the Secretary. The Board
shall be comprised of no more than 12 persons, appointed from
among citizens of the United States having a demonstrated
commitment to the mission of the National Park Service. Board
members shall be selected to represent various geographic
regions, including each of the administrative regions of the
National Park Service. At least 6 of the members shall have
outstanding expertise in 1 or more of the following fields:
history, archaeology, anthropology, historical or landscape
architecture, biology, ecology, geology, marine science, or
social science. At least 4 of the members shall have
outstanding expertise and prior experience in the management
of national or State parks or protected areas, or national or
cultural resources management. The remaining members shall
have outstanding expertise in 1 or more of the areas
described above or in another professional or scientific
discipline, such as financial management, recreation use
management, land use planning or business management,
important to the mission of the National Park Service. At
least 1 individual shall be a locally elected official from
an area adjacent to a park. The Board shall hold its first
meeting by no later than 60 days after the date on which all
members of the Advisory Board who are to be appointed have
been appointed. Any vacancy in the Board shall not affect its
powers, but shall be filled in the same manner in which the
original appointment was made. The Board may adopt such rules
as may be necessary to establish its procedures and to govern
the manner of its operations, organization, and personnel.
All members of the Board shall be reimbursed for travel and
per diem in lieu of subsistence expenses during the
performance of duties of the Board while away from home or
their regular place of business, in accordance with
subchapter 1 of chapter 57 of title 5, United States Code.
With the exception of travel and per diem as noted above, a
member of the Board who is otherwise an officer or employee
of the United States Government shall serve on the Board
without additional compensation.''.
(2) By redesignating subsections (b) and (c) as (f) and (g)
and by striking from the first sentence of subsection (f), as
so redesignated ``1995'' and inserting in lieu thereof
``2006''.
(3) By adding the following new subsections after
subsection (a):
``(b)(1) The Secretary is authorized to hire 2 full-time
staffers to meet the needs of the Advisory Board.
``(2) Service of an individual as a member of the Board
shall not be considered as service or employment bringing
such individual within the provisions of any Federal law
relating to conflicts of interest or otherwise imposing
restrictions, requirements, or penalties in relation to the
employment of persons, the performance of services, or the
payment or receipt of compensation in connection with claims,
proceedings, or matters involving the United States. Service
as a member of the Board, or as an employee of the Board,
shall not be considered service in an appointive or elective
position in the Government for purposes of section 8344 of
title 5, United States Code, or comparable provisions of
Federal law.
``(c)(1) Upon request of the Director, the Board is
authorized to--
``(A) hold such hearings and sit and act at such times,
``(B) take such testimony,
``(C) have such printing and binding done,
``(D) enter into such contracts and other arrangements,
``(E) make such expenditures, and
``(F) take such other actions,

as the Board may deem advisable. Any member of the Board may
administer oaths or affirmations to witnesses appearing
before the Board.
``(2) The Board may establish committees or subcommittees.
Any such subcommittees or committees shall be chaired by a
voting member of the Board.
``(d) The provisions of the Federal Advisory Committee Act
shall apply to the Board established under this section with
the exception of section 14(b).
``(e)(1) The Board is authorized to secure directly from
any office, department, agency, establishment, or
instrumentality of the Federal Government such information as
the Board may require for the purpose of this section, and
each such officer, department, agency, establishment, or
instrumentality is authorized and directed to furnish, to the
extent permitted by law, such information, suggestions,
estimates, and statistics directly to the Board, upon request
made by a member of the Board.
``(2) Upon the request of the Board, the head of any
Federal department, agency, or instrumentality is authorized
to make any of the facilities and services of such
department, agency, or instrumentality to the Board, on a
nonreimbursable basis, to assist the Board in carrying out
its duties under this section.
``(3) The Board may use the United States mails in the same
manner and under the same conditions as other departments and
agencies in the United States.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the National Park System Advisory Board
$200,000 per year to carry out the provisions of section 3 of
the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463).
(c) Effective Date.--This section shall take effect on
December 7, 1997.

SEC. 8. CHALLENGE COST-SHARE AGREEMENT AUTHORITY.

(a) Definitions.--For purposes of this section--
(1) The term ``challenge cost-share agreement'' means any
agreement entered into between the Secretary and any
cooperator for the purpose of sharing costs or services in
carrying out authorized functions and responsibilities of the
Secretary of the Interior with respect to any unit or program
of the National Park System (as defined in section 2(a) of
the Act of August 8, 1953 (16 U.S.C. 1c(a))), any affiliated
area, or any designated National Scenic or Historic Trail.
(2) The term ``cooperator'' means any State or local
government, public or private agency, organization,
institution, corporation, individual, or other entity.
(b) Challenge Cost-Share Agreements.--The Secretary of the
Interior is authorized to negotiate and enter into challenge
cost-share agreements with cooperators.
(c) Use of Federal Funds.--In carrying out challenge cost-
share agreements, the Secretary of the Interior is authorized
to provide the Federal funding share from any funds available
to the National Park Service.

SEC. 9. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.

Public Law 101-337 is amended as follows:
(1) In section 1 (16 U.S.C. 19jj), by amending subsection
(d) to read as follows:
``(d) `Park system resource' means any living or non-living
resource that is located within the boundaries of a unit of
the National Park System, except for resources owned by a
non-Federal entity.''.
(2) In section 1 (16 U.S.C. 19jj) by adding at the end
thereof the following:
``(g) `Marine or aquatic park system resource' means any
living or non-living part of a marine or aquatic regimen
within or is a living part of a marine or aquatic regimen
within the boundaries of a unit of the National Park System,
except for resources owned by a non-Federal entity.''.
(3) In section 2(b) (16 U.S.C. 19jj-1(b)), by inserting
``any marine or aquatic park resource'' after ``any park
system resource''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah [Mr. Hansen] and the gentleman from New Mexico [Mr. Richardson]
each will control 20 minutes.
The Chair recognizes the gentleman from Utah [Mr. Hansen].

{time} 1430

Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Colorado [Mr. Hefley], the author of the bill.
Mr. HEFLEY. Mr. Speaker, the first title of this bill, H.R. 2941, is
our attempt to deal with the backlog of housing needs in the National
Park Service. The extent of the National Park Service's housing needs
is vague but has been estimated to be as high as $500 million. I wish
it was possible to write a check for that amount, but in these times of
trying to balance the budget, that is simply not possible.
Instead, H.R. 2941 will provide the Park Service with the a number of
creative authorities to encourage others besides the Federal Government
to invest in employee housing.
Several years ago Rocky Mountain National Park, in cooperation with
the National Park Foundation, attempted to address its own housing
needs by purchasing a nearby church camp that was on the market. The
deal fell through because, according to the National Park Foundation
and the park superintendent, the authorities were not available for
them to close the deal. Randy Jones, the Rocky Mountain superintendent,
claims he could solve most of his housing needs tomorrow if he only had
the flexibility this bill would give him.
We have worked with the Park Service, and they tell us the bill gives
them what they need. Several of these authorities were borrowed from
legislation crafted for the military where the authorities are proving
useful in improving the quality of housing.
The bill also urges the Park Service to examine such options as paid
transportation from home to work site and employee cooperatives, in
which rangers can build up this equity while they are being moved
around the country.
As I have stated, the Park Service estimates its housing needs to be
more than $500 million. However, in several reports from the General
Accounting Office we cannot account for quite that much, but we know
that there is a significant need there. For that reason, we have
adopted an amendment by my friend, the gentleman from Minnesota [Mr.
Vento], which withholds the use of these authorities from individual
park units until those units justify their needs, which seems perfectly
reasonable.

[[Page H10446]]

Further, in response to CBO's concerns about out year costs, the
amendment before you makes the entire section subject to
appropriations. I understand this amendment has been cleared with the
Committee on the Budget.
In conclusion, I would ask my colleagues to recall the horror stories
we have heard in recent years of park rangers living in tents or
packing crates. We have a problem, one which we need to be flexible and
creative in order to try to solve, a problem which is fixable in fairly
short order if the Park Service had the authorities to do so.
Mr. Speaker, this bill attempts to give them those authorities, and I
ask Members' support of the amendment and of this bill.
Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. RICHARDSON asked and was given permission to revise and extend
his remarks.)
Mr. RICHARDSON. Mr. Speaker, although H.R. 2941, as introduced, dealt
solely with employee housing, a comprehensive substitute was adopted by
the Resources Committee that incorporated several diverse park
proposals that were pending before the committee. I did not object to
this procedure being used in this instance. In fact, Representative
Hansen and his staff worked with Democratic members of the committee
and the administration to craft a package we can all support.
The centerpiece of this legislative package is the National Park
Service employee housing initiative.We have all seen or heard of
examples of deplorable employee housing. We know problems exist. If we
are to properly address this issue, the Congress needs an accurate
assessment of employee housing requirements, the costs associated with
those requirements, and a viable working plan to address housing needs.
Representative Vento who worked on this issue for several years took
the lead to develop language that was adopted by the committee to
address this important aspect of the program. It is a better bill
because of these provisions.
Several other elements of H.R. 2941, amended, are specific
legislative initiatives of the National Park Service and their
inclusion will provide the NPS with some useful management tools.
I would note that based on the committee hearing last fall, there was
certainly potential for controversy regarding the provision on the
appointment of the NPS Director. I am glad to see that cooler heads
prevailed and that the language was amended to its current form.
All in all Mr. Speaker, H.R. 2941, as amended, is a good package. The
bill is an example of how we can work together on park issues.
Mr. Speaker, I reserve the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. HANSEN asked and was given permission to revise and extend his
remarks.)
Mr. HANSEN. Mr. Speaker, I rise in strong support of H.R. 2941,
legislation which provides for a number of needed administrative
reforms in the National Park Service. This important bill contains
eight different reform proposals ranging from relatively minor
proposals, to important, long-debated measures, and reflects the work
of several different authors.
Mr. Speaker, many of these proposals are just good common sense;
proposals which will make National Park Service operations more
efficient, and reduce unnecessary work here in Congress. These are
precisely the types of proposals which could have been expected from an
administration which claims to be reinventing Government.
Unfortunately, Secretary Babbitt has ignored the National Park Service.
For example, several years ago Secretary Babbitt announced a major
initiative to improve housing in our national parks. After building a
single house for a publicity venture at Great Smokey Mountains National
Park, Secretary Babbitt has essentially abandoned the program. In this
legislation, Congress has provided a comprehensive solution to the
housing problems of the National Park Service. This legislative
proposal is not intended as a publicity stunt; I'm not even sure that
Mr. Hefley, author of the provision, has issued a press release about
it. Rather this legislation is being advanced because Members believe
that National Park Service employees deserve a decent place to live.
Mr. Speaker, this entire legislative package is bipartisan in nature
and reflects the strong input from Democrats as well as Republicans on
the Resources Committee. I thank Mr. Richardson and Mr. Vento for their
valuable assistance in developing this legislation.
As I mentioned, section 2 of the bill provides for a variety of
authorities to address the unacceptable condition of housing which many
NPS employees are required to live in. We heard in testimony about park
employees living in uninsulated houses in severe climates, living in
buildings which do not meet basic life-safety codes, living in 50-year
old repossessed trailers, even in one case, living in a land-sea
shipping container.
These conditions must be addressed, and the first step to addressing
them is to make absolutely sure that every single housing unit in every
park can be fully justified. Second, we must figure out how to fund the
necessary housing improvements. Although the Appropriation Committee
has provided substantial funds for housing in the past, it is
unrealistic to expect they will fully fund the hundreds of millions
needed for this program in the near future. Therefore, this
legislation, authorizes a number of cooperative ventures with the
private sector, designed to seek their assistance in solving this
problem. The legislation even authorizes the Secretary to sell housing
to employee cooperatives which would eliminate the need for Federal
maintenance of housing while at the same time permitting employees to
gain the benefits of home ownership. Third, we must make sure that
every single dollar is spent wisely, and that the funds go to the
highest priority needs.
Section 3 of the bill provides for generic authority for the National
Park Service to make minor park boundary adjustments. While this
authority does exist for all parks established after 1965, and for
selected other parks, many parks do not have such authority. Further,
there is no definition of what constitutes a minor boundary adjustment.
Therefore, we find that the NPS has administratively accepted donation
of about 30 acres at the Presidio which has a Federal liability of $65
million for rehabilitation of currently unusable structures,
while Congress is passing legislation to add several hundred square
yards of land administered by another Federal agency to Independence
National Historic Park. This legislation will save time and money for
Congress and the administration.

Section 4 of the bill provides generic authority for the NPS to
establish administrative and visitor facilities outside of park
boundaries. This authority will permit the NPS to establish joint
interagency visitor centers, or locate visitor centers or headquarter
offices outside of park boundaries where it makes sense. There are
currently several proposals now working through Congress to establish
such centers, and each of them now requires a separate act.
Section 5 deletes 22 unnecessary congressional reporting
requirements. Many of these requirements are simply outdated, such as
requiring an annual report on the National Visitor Center at Union
Station which was closed over 15 years ago; while others have never
been complied with, such as the national trails system report. But
mostly, this section will save the agency time and money preparing
reports which are of little use in the congressional process.
Section 6 provides for Senate confirmation of the National Park
Service Director, in the same manner as the other land management
agency heads within the Interior Department--Director of the Fish and
Wildlife Service and the Director of the Bureau of Land Management.
While many persons have long believed that the head of this important
agency should be subject to congressional scrutiny, the issue gained
renewed support when Secretary Babbitt announced that his top two
candidates for the Office of NPS Director were Tom Brokaw and Robert
Redford. While these two gentlemen are well-respected in their chosen
fields, they know nothing about running the best park system in the
world. Public exposure of these selections was

[[Page H10447]]

a clear signal of the purely political manner in which Secretary
Babbitt intended to operate the NPS, and resulted in both Democratic
and Republican-authored measures to require that the head of the NPS
know something about parks other than having vacationed there.
Section 7 of the bill reauthorizes the National Park System advisory
board. The statutory authorization for this board expired a couple
years ago. While the board has been reauthorized administratively, the
role of this board as an independent advisor to the Secretary could be
enhanced if it were reestablished by law.
Section 8 establishes and expands the Challenge Cost Share Program
for the NPS on a permanent basis. This program, which permits Federal
dollars to be leveraged with non-Federal dollars, has proven very
effective for the Forest Service; and it is expected to provide similar
benefits for the National Park Service at a time when appropriations
are limited.
Finally, section 9 of the bill permits the NPS to recover costs from
damages to natural resources in the same manner as costs are recovered
from damages to marine resources. When the Federal Government recovers
costs from such damage, it makes far more sense to apply those funds to
restore the resources than to deposit such funds into the Treasury, as
is currently the policy.
Mr. Speaker, as Members can see, this bill contains a number of very
important provisions which will help our parks, its employees, and make
congressional oversight more effective. I commend all Members who have
provided input into the bill, Democrats and Republicans alike, and urge
all Members to support this bipartisan legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, let me just say that I had hoped that we could keep this
discussion of this bill bipartisan. Obviously, I have to disagree with
some of the chairman's comments. This is a good bill.
Employee housing, I had a chance to go to Yellowstone over the recess
and had a chance to spend some time with our Park Service employees,
not just in law enforcement but also park rangers, men and women. The
quality of these men and women is really outstanding. They are hard
workers. Of course Yellowstone is the crown jewel.
They talked to me about this housing issue. Basically what you have
is some of our, especially bachelor, park rangers living in what is
generously called some very substandard housing. We have to do better.
We have to do better for our park employees.
Let me address some of the chairman's statements. I disagree. I think
Secretary Babbitt has done a good job with the Park Service. I think
Director Kennedy has done a good job, too. I differ with the chairman
on whether Tom Brokaw or Robert Redford would have been good directors
of the Park Service. I think what Secretary Babbitt is looking at is
somebody with high visibility, to give the parks the visibility that
they need.
I know the chairman agrees with me. We have got to find ways to
ensure that these parks are funded. We need the private sector to help.
I think that was one of the objectives viewed there. But I am not going
to get into an argument with him, except to say that this
administration has done a good job with the environment and with the
Park Service, particularly Director Kennedy and Secretary Babbitt.
This is an occasion where, perhaps a few times that we have come
together on a bill, we should recognize that that has happened. I
commend the gentleman from Colorado [Mr. Hefley] and the gentleman from
Utah [Mr. Hansen] for this bill. It is a good one. They work with us.
They compromise. We compromise. We have a good product that I think
will advance the national interest.

{time} 1445

Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I appreciate the words from the ranking member of the
committee. Let me say that, as a Republican member, we have no desire
to close any parks, contrary to what people have said, but to make them
better.
I think this particular piece of legislation, as we waded through all
the sections, points out and expedites the things that will make the
parks better and make them work better; and we are very strong on the
idea of taking care of our national parks. We have no argument with the
administration on most things that they do, but in some of these areas
we feel that what they do, but in some of these areas we feel that what
should be done should be done not for what is politically expedient,
but done fore the benefit of the parks, and that is the agreement we
thought we had when we first got into the business of this committee.
I appreciate all those who have worked so diligently on this bill. I
personally feel this is an excellent piece of legislation, and I urge
all Members to support it.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Miller of Florida). The question is on
the motion offered by the gentleman from Utah [Mr. Hansen] that the
House suspend the rules and pass the bill, H.R. 2941, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

____________________