S 3398 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 3398CommentsClose CommentsPermalink

To provide for several critical National Park Service authorities, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

July 18, 2012CommentsClose CommentsPermalink

Mr. BINGAMAN (by request) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide for several critical 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.

This Act may be cited as the ‘National Park Service Critical Authorities Act of 2012’.CommentsClose CommentsPermalink

SEC. 2. DISTRICT OF COLUMBIA SNOW REMOVAL.

The Act of September 16, 1922 (42 Stat. 845, chapter 318) is amended by striking section 3 and inserting the following:CommentsClose CommentsPermalink

‘SEC. 3. DUTIES OF FEDERAL AGENCIES.

‘(a) In General- It shall be the duty of a Federal agency to remove, or cause to be removed, snow, sleet, or ice from any paved sidewalk or crosswalk within the fire limits of the District of Columbia that is--CommentsClose CommentsPermalink





‘(1) in front of or adjacent to any building that is--CommentsClose CommentsPermalink





‘(A) owned by the United States; andCommentsClose CommentsPermalink





‘(B) under the jurisdiction of the Federal agency; orCommentsClose CommentsPermalink





‘(2) a public thoroughfare in front of, around, or through any public square, reservation, or open space that is--CommentsClose CommentsPermalink





‘(A) owned by the United States; andCommentsClose CommentsPermalink





‘(B) under the jurisdiction of the Federal agency.CommentsClose CommentsPermalink





‘(b) Timing- The removal of snow, sleet, or ice under subsection (a) shall occur within a reasonable period after the snow or sleet ceases to fall or the ice has accumulated, as applicable.CommentsClose CommentsPermalink





‘(c) Application of Sand, Ashes, and Salt- If snow, sleet, or ice has hardened and cannot be removed from a sidewalk or crosswalk described in subsection (a), the Federal agency shall--CommentsClose CommentsPermalink





‘(1) make the sidewalk or crosswalk reasonably safe for travel by applying sand, ashes, salt, or other acceptable materials to the affected sidewalk or crosswalk; andCommentsClose CommentsPermalink





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





‘(d) Authority To Delegate- A Federal agency may delegate the duty of the Federal agency under subsections (a) and (c) to another governmental entity or a nongovernmental entity under a lease, contract, or other comparable arrangement.CommentsClose CommentsPermalink





‘(e) Agreement- If 2 or more Federal agencies have overlapping responsibility for a sidewalk or crosswalk, the Federal agencies may enter into an agreement assigning responsibility for the removal of snow, sleet, or ice from the sidewalk or crosswalk.’.CommentsClose CommentsPermalink

SEC. 3. GEORGE WASHINGTON MEMORIAL PARKWAY.

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





(b) Definitions- In this section:CommentsClose CommentsPermalink





(1) AGREEMENT- The term ‘Agreement’ means the agreement entered into by the Federal Highway Administration and the National Park Service on September 11, 2002, with respect to the Federal land described in this section.CommentsClose CommentsPermalink





(2) DOI LAND- The term ‘DOI land’ means the approximately 0.342 acres of Department of the Interior land that is--CommentsClose CommentsPermalink





(A) located within the boundary of the George Washington Memorial Parkway; andCommentsClose CommentsPermalink





(B) generally depicted as ‘B’ on the Map.CommentsClose CommentsPermalink





(3) DOT LAND- The term ‘DOT land’ means the approximately 0.479 acres of Department of Transportation land within the boundary of the Research Center that is--CommentsClose CommentsPermalink





(A) adjacent to the boundary of the George Washington Memorial Parkway; andCommentsClose CommentsPermalink





(B) generally depicted as ‘A’ on the Map.CommentsClose CommentsPermalink





(4) MAP- The term ‘Map’ means the map entitled ‘GWMP-Claude Moore Farm Proposed Boundary Adjustment’, numbered 850/82003, and dated April 2004.CommentsClose CommentsPermalink





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





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





(c) Administrative Jurisdiction-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may transfer to the Secretary of Transportation administrative jurisdiction over the DOI land in exchange for the transfer by the Secretary of Transportation to the Secretary of administration jurisdiction over the DOT land.CommentsClose CommentsPermalink





(2) USE RESTRICTION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall restrict the use of the land described in subparagraph (B) by prohibiting the storage, construction, or installation of any item that may obstruct the view from the Research Center to the George Washington Memorial Parkway.CommentsClose CommentsPermalink





(B) DESCRIPTION OF RESTRICTED LAND- The land referred to in subparagraph (A) is the approximately 0.139 acres of land within the boundary of the George Washington Memorial Parkway immediately adjacent to the north perimeter fence of the Research Center, generally depicted as ‘C’ on the Map.CommentsClose CommentsPermalink





(3) NO REIMBURSEMENT OR CONSIDERATION- No reimbursement or consideration shall be required for the transfer of administrative jurisdiction under this subsection.CommentsClose CommentsPermalink





(4) COMPLIANCE WITH AGREEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The National Park Service and the Federal Highway Administration shall comply with all terms and conditions of the Agreement regarding the transfer of administrative jurisdiction, management, and maintenance of the land described in the Agreement.CommentsClose CommentsPermalink





(B) ACCESS TO RESTRICTED LAND-CommentsClose CommentsPermalink





(i) IN GENERAL- Subject to clauses (ii) and (iii), the Secretary shall allow the Research Center to access the land described in paragraph (2)(B) for purposes of maintenance in accordance with National Park Service standards, including grass mowing, weed control, tree maintenance, fence maintenance, and maintenance of the visual appearance of the land.CommentsClose CommentsPermalink





(ii) PRUNING AND REMOVAL OF TRESS- No tree on the land described in paragraph (2)(B) that is 6 inches or more in diameter shall be pruned or removed without the advance written permission of the Secretary.CommentsClose CommentsPermalink





(iii) PESTICIDES- The use of pesticides on the land described in paragraph (2)(B) shall be approved in writing by the Secretary prior to application of the pesticides.CommentsClose CommentsPermalink





(5) AVAILABILITY OF MAP- The Map shall be available for public inspection in the appropriate offices of the National Park Service.CommentsClose CommentsPermalink





(d) Management of Transferred Land-CommentsClose CommentsPermalink





(1) DOT LAND- The DOT land transferred to the Secretary under subsection (c)(1) shall be--CommentsClose CommentsPermalink





(A) included in the boundaries of the George Washington Memorial Parkway; andCommentsClose CommentsPermalink





(B) administered as part of the George Washington Memorial Parkway, subject to applicable laws (including regulations).CommentsClose CommentsPermalink





(2) DOI LAND- The DOI land transferred to the Secretary of Transportation under subsection (c)(1) shall be--CommentsClose CommentsPermalink





(A) included in the boundary of the Research Center; andCommentsClose CommentsPermalink





(B) removed from the boundary of the parkway.CommentsClose CommentsPermalink





(3) RESTRICTED-USE LAND- The land described in subsection (c)(2)(B) shall be maintained by the Research Center.CommentsClose CommentsPermalink

SEC. 4. UNIFORM PENALTIES FOR VIOLATIONS ON PARK SERVICE LAND.

(a) In General- The first section of the Act of March 2, 1933 (47 Stat. 1420, chapter 180), is amended by striking ‘imprisonment.’ and inserting the following: ‘imprisonment, unless the violation occurs at a park, site, monument, or memorial that is part of the National Park System, in which case the violation shall be subject to the appropriate penalty under section 3 of the National Park Service Organic Act (16 U.S.C. 3) and subchapter C of chapter 227 of part II of title 18, United States Code.’.CommentsClose CommentsPermalink





(b) Administration by Secretary of Interior- Section 2(k) of the Act of August 21, 1935 (16 U.S.C. 462(k)), is amended by striking ‘proceedings.’ and inserting the following: ‘proceedings, unless the violation occurs at an area that is part of the National Park System, in which case the violation shall be subject to the appropriate penalty under section 3 of the National Park Service Organic Act (16 U.S.C. 3) and subchapter C of chapter 227 of part II of title 18, United States Code.’.CommentsClose CommentsPermalink

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.CommentsClose CommentsPermalink