Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	2,665	n/a	n/a
Reported in House	2,836	0	0%
Engrossed in House	2,736	17	11%
Referred in Senate	2,714	5	2%
Reported in Senate	2,788	9 Show Changes Hide Changes	2%

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HR 3804 RFS

111th CONGRESS

1stSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 3804CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

December 8, 2009CommentsClose CommentsPermalink

Received; read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

AN ACTCommentsClose CommentsPermalink

To make technical corrections to various Acts affecting the National Park Service, to extend, amend, or establish certain National Park Service authorities, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘National Park Service Authorities and Corrections Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--NATIONAL PARK SERVICE AUTHORIZATIONS

Sec. 101. National Park System Advisory Board.CommentsClose CommentsPermalink





Sec. 102. National Park Service Concessions Management Advisory Board.CommentsClose CommentsPermalink





Sec. 103. National Park System uniform penalties.CommentsClose CommentsPermalink





Sec. 104. Volunteers in the parks.CommentsClose CommentsPermalink

TITLE II--PEARL HARBOR TICKETING

Sec. 201. Definitions.CommentsClose CommentsPermalink





Sec. 202. Facilitation of admission to historic attractions within Pearl Harbor Naval Complex.CommentsClose CommentsPermalink





Sec. 203. Protection of resources.CommentsClose CommentsPermalink

TITLE III--CHANGES TO NATIONAL PARK UNITS

Sec. 301. George Washington Memorial Parkway.CommentsClose CommentsPermalink





Sec. 302. District of Columbia snow removal.CommentsClose CommentsPermalink





Sec. 303. Martin Luther King, Jr. National Historical Park.CommentsClose CommentsPermalink





Sec. 304. Lava Beds National Monument Wilderness boundary adjustment.CommentsClose CommentsPermalink

TITLE IV--TECHNICAL CORRECTIONS

Sec. 401. Baltimore National Heritage Area.CommentsClose CommentsPermalink





Sec. 402. Muscle Shoals National Heritage Area.CommentsClose CommentsPermalink





Sec. 403. Snake River headwaters.CommentsClose CommentsPermalink





Sec. 404. Taunton River.CommentsClose CommentsPermalink





Sec. 405. Cumberland Island National Seashore.CommentsClose CommentsPermalink





Sec. 406. Niagara Falls National Heritage Area.CommentsClose CommentsPermalink

TITLE I--NATIONAL PARK SERVICE AUTHORIZATIONSCommentsClose CommentsPermalink

SEC. 101. NATIONAL PARK SYSTEM ADVISORY BOARD.

Section 3(f) of the Act entitled, ‘An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes’, approved August 21, 1935 (16 U.S.C. 463(f)), is amended in the first sentence by striking ‘2010’ and inserting ‘2020’.CommentsClose CommentsPermalink

SEC. 102. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT ADVISORY BOARD.

Section 409(d) of the National Park Service Concessions Management Improvement Act of 1998 (Public Law 105-391) is amended by striking ‘2009’ and inserting ‘2019’.CommentsClose CommentsPermalink

SEC. 103. NATIONAL PARK SYSTEM UNIFORM PENALTIES.

(a) Fines and Imprisonment- The first section of the Act entitled, ‘An Act to provide for the protection of national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials under the control of the War Department’, approved March 2, 1933 (47 Stat. 1420, ch. 180), is amended by striking ‘such fine and imprisonment.’ and inserting ‘such fine and imprisonment; except if the violation occurs within a park, site, monument, or memorial that is part of the National Park System, where violations shall be subject to the penalty provision set forth in section 3 of the Act of August 25, 1916 (16 U.S.C. 3; commonly known as the ‘National Park Service Organic Act’) and section 3571 of title 18, United States Code.’.CommentsClose CommentsPermalink





(b) Cost of Proceedings- Section 2(k) of the Act entitled, ‘An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes’, approved August 21, 1935 (16 U.S.C. 462(k)), is amended by striking ‘cost of the proceedings.’ and inserting ‘cost of the proceedings; except if the violation occurs within an area that is part of the National Park System, where violations shall be subject to the penalty provision set forth in section 3 of the Act of August 25, 1916 (16 U.S.C. 3; commonly known as the ‘National Park Service Organic Act’), and section 3571 of title 18, United States Code.’.CommentsClose CommentsPermalink

SEC. 104. VOLUNTEERS IN THE PARKS.

Section 4 of the Volunteers in the Parks Act of 1969 (16 U.S.C. 18j) is amended by striking ‘$3,500,000’ and inserting ‘$10,000,000’.CommentsClose CommentsPermalink

TITLE II--PEARL HARBOR TICKETINGCommentsClose CommentsPermalink

SEC. 201. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) PEARL HARBOR HISTORIC SITE- The term ‘Pearl Harbor historic site’ means a historic attraction within the Pearl Harbor Naval Complex, including the USS Bowfin Submarine Museum and Park, the Battleship Missouri Memorial, the Pacific Aviation Museum--Pearl Harbor, and any other historic attraction that the Secretary identifies as a Pearl Harbor historic site and that is not administered or managed by the Secretary.CommentsClose CommentsPermalink





(3) VISITOR CENTER- The term ‘visitor center’ means the visitor center located within the Pearl Harbor Naval Complex on lands that are within the World War II Valor in the Pacific National Monument and managed by the Secretary through the National Park Service.CommentsClose CommentsPermalink

SEC. 202. FACILITATION OF ADMISSION TO HISTORIC ATTRACTIONS WITHIN PEARL HARBOR NAVAL COMPLEX.

(a) In General- The Secretary, in managing the World War II Valor in the Pacific National Monument, may enter into an agreement with the nonprofit organizations or other legally recognized entities that are authorized to administer or manage a Pearl Harbor historic site--CommentsClose CommentsPermalink





(1) to allow visitors to a Pearl Harbor historic site to gain access to the site by passing through security screening at the Visitor Center; andCommentsClose CommentsPermalink





(2) to allow the sale of tickets to a Pearl Harbor historic site within the Visitor Center by employees of the National Park Service or by organizations that administer or manage a Pearl Harbor historic site.CommentsClose CommentsPermalink





(b) Terms and Conditions- In any agreement entered into pursuant to this title, the Secretary--CommentsClose CommentsPermalink





(1) shall require the organization administering or managing a Pearl Harbor historic site to pay to the Secretary a reasonable fee to recover administrative costs associated with the use of the Visitor Center for public access and ticket sales, the proceeds of which shall remain available, without further appropriation, for use by the National Park Service at the World War II Valor in the Pacific National Monument;CommentsClose CommentsPermalink





(2) shall ensure the limited liability of the United States arising from the admission of the public through the Visitor Center to a Pearl Harbor historic site and the sale or issuance of any tickets to the site; andCommentsClose CommentsPermalink





(3) may include any other terms and conditions the Secretary deems appropriate.CommentsClose CommentsPermalink





(c) Limitation of Authority- Under this title, the Secretary shall have no authority--CommentsClose CommentsPermalink





(1) to regulate or approve the rates for admission to an attraction within the Pearl Harbor historic site;CommentsClose CommentsPermalink





(2) to regulate or manage any visitor services of any historic sites within the Pearl Harbor Naval Complex other than at those sites managed by the National Park Service as part of World War II Valor in the Pacific National Monument; orCommentsClose CommentsPermalink





(3) to charge an entrance fee for admission to the World War II Valor in the Pacific National Monument.CommentsClose CommentsPermalink

SEC. 203. PROTECTION OF RESOURCES.

Nothing in this title authorizes the Secretary or any organization that administers or manages a Pearl Harbor historic site to take any action in derogation of the preservation and protection of the values and resources of the World War II Valor in the Pacific National Monument.CommentsClose CommentsPermalink

TITLE III--CHANGES TO NATIONAL PARK UNITSCommentsClose CommentsPermalink

SEC. 301. GEORGE WASHINGTON MEMORIAL PARKWAY.

(a) Purpose- The purpose of this section is to authorize, direct, facilitate, and expedite the transfer of administrative jurisdiction of certain Federal land in accordance with the terms and conditions of this section.CommentsClose CommentsPermalink





(b) Definitions- In this section:CommentsClose CommentsPermalink





(1) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(2) RESEARCH CENTER- The term ‘Research Center’ means the Federal Highway Administration’s Turner-Fairbank Highway Research Center.CommentsClose CommentsPermalink





(3) FARM- The term ‘Farm’ means the Claude Moore Colonial Farm.CommentsClose CommentsPermalink





(4) MAP- The term ‘Map’ means the map titled ‘GWMP--Claude Moore Proposed Boundary Adjustment’, numbered 850/82003, and dated April 2004. The map shall be available for public inspection in the appropriate offices of the National Park Service, Department of the Interior.CommentsClose CommentsPermalink





(c) Administrative Jurisdiction Transfer-CommentsClose CommentsPermalink





(1) TRANSFER OF JURISDICTION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary and the Secretary of Transportation are authorized to transfer administrative jurisdiction for approximately 0.342 acre of land under the jurisdiction of the Department of the Interior within the boundary of the George Washington Memorial Parkway, generally depicted as ‘B’ on the Map, for approximately 0.479 acre within the boundary of the Research Center land under the jurisdiction of the Department of Transportation adjacent to the boundary of the George Washington Memorial Parkway, generally depicted as ‘A’ on the Map.CommentsClose CommentsPermalink





(B) USE RESTRICTION- The Secretary shall restrict the use of 0.139 acre of land within the boundary of the George Washington Memorial Parkway immediately adjacent to part of the north perimeter fence of the Research Center, generally depicted as ‘C’ on the Map, by prohibiting the storage, construction, or installation of any item that may obstruct the view from the Research Center into the George Washington Memorial Parkway.CommentsClose CommentsPermalink





(2) REIMBURSEMENT OR CONSIDERATION- The transfer of administrative jurisdiction under this section shall occur without reimbursement or consideration.CommentsClose CommentsPermalink





(3) COMPLIANCE WITH AGREEMENT-CommentsClose CommentsPermalink





(A) AGREEMENT- The National Park Service and the Federal Highway Administration shall comply with all terms and conditions of the Agreement entered into by the parties on September 11, 2002, regarding the transfer of administrative jurisdiction, management, and maintenance of the lands discussed in the Agreement.CommentsClose CommentsPermalink





(B) ACCESS TO LAND- The Secretary shall allow the Research Center access to the land the Secretary restricts under paragraph (1)(B) for purposes of maintenance in accordance with National Park Service standards, which includes grass mowing and weed control, tree maintenance, fence maintenance, and visual appearance. No tree 6 inches or more in diameter shall be pruned or removed without the advance written permission of the Secretary. Any pesticide use must be approved in writing by the Secretary prior to application of the pesticide.CommentsClose CommentsPermalink





(d) Management of Transferred Lands-CommentsClose CommentsPermalink





(1) INTERIOR LAND- The land transferred to the Secretary under subsection (c)(1) shall be included in the boundaries of the George Washington Memorial Parkway and shall be administered by the National Park Service as part of the parkway subject to applicable laws and regulations.CommentsClose CommentsPermalink





(2) TRANSPORTATION LAND- The land transferred to the Secretary of Transportation under subsection (c)(1) shall be included in the boundary of the Research Center and shall be removed from the boundary of the parkway.CommentsClose CommentsPermalink





(3) RESTRICTED-USE LAND- The land the Secretary has designated for restricted use under subsection (c)(1) shall be maintained by the Research Center.CommentsClose CommentsPermalink

SEC. 302. DISTRICT OF COLUMBIA SNOW REMOVAL.

Section 3 of the Act entitled, ‘An Act Providing for the removal of snow and ice from the paved sidewalks of the District of Columbia’, approved September 16, 1922 (Sec. 9-603, D.C. Official Code), is amended to read as follows:CommentsClose CommentsPermalink





‘Sec. 3. (a) It shall be the duty of a Federal agency to remove, or cause to be removed, snow, sleet, or ice from paved sidewalks and crosswalks within the fire limits of the District of Columbia that are--CommentsClose CommentsPermalink





‘(1) in front of or adjacent to buildings owned by the United States and under such Federal agency’s jurisdiction; orCommentsClose CommentsPermalink





‘(2) public thoroughfares in front of, around, or through public squares, reservations, or open spaces and that are owned by the United States and under such Federal agency’s jurisdiction.CommentsClose CommentsPermalink





‘(b) The snow, sleet, or ice removal required by subsection (a) shall occur within a reasonable time period after snow or sleet ceases to fall or after ice has accumulated. In the event that snow, sleet, or ice has hardened and cannot be removed, such Federal agency shall--CommentsClose CommentsPermalink





‘(1) make the paved sidewalks and crosswalks under its jurisdiction described in subsection (a) reasonably safe for travel by the application of sand, ashes, salt, or other acceptable materials; andCommentsClose CommentsPermalink





‘(2) as soon as practicable, thoroughly remove the snow, sleet, or ice.CommentsClose CommentsPermalink





‘(c)(1) The duty of a Federal agency described in subsections (a) and (b) may be delegated to another governmental or nongovernmental entity through a lease, contract, or other comparable arrangement.CommentsClose CommentsPermalink





‘(2) If two or more Federal agencies have overlapping responsibility for the same sidewalk or crosswalk they may enter into an arrangement assigning responsibility.’.CommentsClose CommentsPermalink

SEC. 303. MARTIN LUTHER KING, JR. NATIONAL HISTORICAL PARK.

(a) Amendments- The Act entitled ‘An Act to establish the Martin Luther King, Junior, National Historic Site in the State of Georgia, and for other purposes’, approved October 10, 1980 (Public Law 96-428; 94 Stat. 1839) is amended--CommentsClose CommentsPermalink





(1) in the first section, by striking ‘the map entitled ‘Martin Luther King, Junior, National Historic Site Boundary Map’, number 489/80,013B, and dated September 1992’ and inserting ‘the map titled ‘Martin Luther King, Jr. National Historical Park’, numbered 489/80,032, and dated April 2009’;CommentsClose CommentsPermalink





(2) by striking ‘Martin Luther King, Junior, National Historic Site’ each place it appears and inserting ‘Martin Luther King, Jr. National Historical Park’; andCommentsClose CommentsPermalink





(3) by striking ‘historic site’ each place it appears and inserting ‘historical park’.CommentsClose CommentsPermalink





(b) References- Any reference in any law (other than this Act), map, regulation, document, record, or other official paper of the United States to the ‘Martin Luther King, Junior, National Historic Site’ shall be considered to be a reference to the ‘Martin Luther King, Jr. National Historical Park’.CommentsClose CommentsPermalink

SEC. 304. LAVA BEDS NATIONAL MONUMENT WILDERNESS BOUNDARY ADJUSTMENT.

The first section of the Act of October 13, 1972 (Public Law 92-493; 16 U.S.C. 1132 note), is amended in the first sentence--CommentsClose CommentsPermalink





(1) by striking ‘That, in’ and inserting the following:CommentsClose CommentsPermalink





‘Section 1. In’; andCommentsClose CommentsPermalink





(2) by striking ‘ten thousand acres’ and all that follows through the end of the sentence and inserting ‘10,431 acres, as depicted within the proposed wilderness boundary on the map titled ‘Lava Beds National Monument, Proposed Wilderness Boundary Adjustment’, numbered 147/80,015, and dated September 2005, and those lands within the area generally known as the ‘Schonchin Lava Flow’, comprising approximately 18,029 acres, as depicted within the proposed wilderness boundary on the map, are designated as wilderness.’.CommentsClose CommentsPermalink

TITLE IV--TECHNICAL CORRECTIONSCommentsClose CommentsPermalink

SEC. 401. BALTIMORE NATIONAL HERITAGE AREA.

The Omnibus Public Land Management Act of 2009 (Public Law 111-11) is amended--CommentsClose CommentsPermalink





(1) in sections 8005(b)(3) and 8005(b)(4) by striking ‘Baltimore Heritage Area Association’ and inserting ‘Baltimore City Heritage Area Association’; andCommentsClose CommentsPermalink





(2) in section 8005(i) by striking ‘Effectiveness’ and inserting ‘Financial Assistance’.CommentsClose CommentsPermalink

SEC. 402. MUSCLE SHOALS NATIONAL HERITAGE AREA.

Section 8009(j) of the Omnibus Public Land Management Act of 2009 is amended by striking ‘Effectiveness’ and inserting ‘Financial Assistance’.CommentsClose CommentsPermalink

SEC. 403. SNAKE RIVER HEADWATERS.

Section 5002(c)(1) of the Omnibus Public Land Management Act of 2009 is amended by striking ‘paragraph (205) of section 3(a)’ each place it appears and inserting ‘paragraph (206) of section 3(a)’.CommentsClose CommentsPermalink

SEC. 404. TAUNTON RIVER.

Section 5003(b) of the Omnibus Public Land Management Act of 2009 is amended by striking ‘section 3(a)(206)’ each place it appears and inserting ‘section 3(a)(207)’.CommentsClose CommentsPermalink

SEC. 405. CUMBERLAND ISLAND NATIONAL SEASHORE.

Section 6(b) of the Act titled ‘An Act to establish the Cumberland Island National Seashore in the State of Georgia, and for other purposes’ (Public Law 92-536) is amended by striking ‘physiographic conditions not prevailing’ and inserting ‘physiographic conditions now prevailing’.CommentsClose CommentsPermalink

SEC. 406. NIAGARA FALLS NATIONAL HERITAGE AREA.

Section 427(k) of the Consolidated Natural Resources Act of 2008 (Public Law 110-229) is amended by striking ‘Except as provided for the leasing of administrative facilities under subsection (g)(1), the’ and inserting ‘The’.CommentsClose CommentsPermalink

Passed the House of Representatives December 7, 2009.

Attest:

LORRAINE C. MILLER,

Clerk.

Calendar No. 546 CommentsClose CommentsPermalink