H.R. 2582 — An act to provide for a Civil War Sites Study and to reauthorize the National Park System Advisory Board, and for other purposes.

 
Union Calendar No. 488
101st CONGRESS
2d Session
H. R. 2582
[Report No. 101-779]
A BILL
To amend the Historic Sites, Buildings, and Antiquities Act.
October 1, 1990
Reported with amendments, committed to the Committee of the Whole House on
the State of the Union, and ordered to be printed
HR 2582 RH
Union Calendar No. 488
101st CONGRESS
2d Session
 H. R. 2582
[Report No. 101-779]
To amend the Historic Sites, Buildings, and Antiquities Act.
IN THE HOUSE OF REPRESENTATIVES
June 7, 1989
Mr. VENTO introduced the following bill; which was referred to the Committee
on Interior and Insular Affairs
October 1, 1990
Reported with amendments, committed to the Committee of the Whole House on
the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June 7, 1989]
A BILL
To amend the Historic Sites, Buildings, and Antiquities Act.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
TITLE I--CIVIL WAR SITES STUDY
SEC. 101. SHORT TITLE.
  This title may be cited as the `Civil War Sites Study Act of 1990'.
SEC. 102. DEFINITIONS.
  For the purposes of this title--
  (1) the term `Commission' means the Civil War Sites Advisory Commission
  established in section 105;
  (2) the term `Secretary' means the Secretary of the Interior; and
  (3) the term `Shenandoah Valley Civil War sites' means those sites
  and structures situated in the Shenandoah Valley in the Commonwealth
  of Virginia and the State of West Virginia which are thematically tied
  with the nationally significant events that occurred in the region during
  the Civil War, including, but not limited to, General Thomas `Stonewall'
  Jackson's 1862 `Valley Campaign' and General Philip Sheridan's 1864 campaign
  culminating in the battle of Cedar Creek on October 19, 1864.
SEC. 103. FINDINGS.
  The Congress finds that--
  (1) many sites and structures associated with the Civil War which represent
  important means by which the Civil War may continue to be understood and
  interpreted by the public are located in regions which are undergoing
  rapid urban and suburban development; and
  (2) it is important to obtain current information on the significance
  of such sites, threats to their integrity, and alternatives for their
  preservation and interpretation for the benefit of the Nation.
SEC. 104. SHENANDOAH VALLEY CIVIL WAR SITES STUDY.
  (a) STUDY- (1) The Secretary is authorized and directed to prepare a
  study of Shenandoah Valley Civil War sites. Such study shall identify the
  sites, determine the relative significance of such sites, assess short
  and long-term threats to their integrity, and provide alternatives for
  the preservation and interpretation of such sites by Federal, State,
  and local governments, or other public or private entities, as may be
  appropriate. Such alternatives may include, but shall not be limited to,
  designation as units of the National Park System or as affiliated areas. The
  study shall examine methods and make recommendations to continue current
  land use practices, such as agriculture, where feasible.
  (2) The Secretary shall designate at least two nationally recognized Civil
  War historians to participate in the study required by paragraph (1).
  (3) The study shall include the views and recommendations of the National
  Park System Advisory Board.
  (b) TRANSMITTAL TO CONGRESS- Not later than 1 year after the date that
  funds are made available for the study referred to in subsection (a),
  the Secretary shall transmit such study to the Committee on Interior and
  Insular Affairs of the United States House of Representatives and the
  Committee on Energy and Natural Resources of the United States Senate.
SEC. 105. ESTABLISHMENT OF CIVIL WAR SITES ADVISORY COMMISSION.
  (a) IN GENERAL- There is hereby established the Civil War Sites Advisory
  Commission. The Commission shall consist of thirteen members appointed
  as follows:
  (1) Two individuals who are nationally recognized as experts and authorities
  on the history of the Civil War, and three individuals who are nationally
  recognized as experts and authorities in historic preservation and land
  use planning, appointed by the Secretary.
  (2) The Director of the National Park Service or his or her designee.
  (3) The chair of the Advisory Council on Historic Preservation, or his or
  her designee.
  (4) Three individuals appointed by the Speaker of the United States House
  of Representatives in consultation with the Chairman and Ranking Minority
  Member of the Committee on Interior and Insular Affairs.
  (5) Three individuals appointed by the President Pro Tempore of the United
  States Senate in consultation with the Chairman and Ranking Minority Member
  of the Committee on Energy and Natural Resources.
  (b) CHAIR- The Commission shall elect a chair from among its members.
  (c) VACANCIES- Vacancies occurring on the Commission shall not affect
  the authority of the remaining members of the Commission to carry out the
  functions of the Commission. Any vacancy in the Commission shall be promptly
  filled in the same manner in which the original appointment was made.
  (d) QUORUM- A simple majority of Commission members shall constitute
  a quorum.
  (e) MEETINGS- The Commission shall meet at least quarterly or upon the
  call of the chair or a majority of the members of the Commission.
  (f) COMPENSATION- Members of the Commission shall serve without
  compensation. Members of the Commission, when engaged in official Commission
  business, shall be entitled to travel expenses, including per diem in lieu
  of subsistence, in the same manner as persons employed intermittently in
  government service under section 5703 of title 5, United States Code.
  (g) TERMINATION- The Commission established pursuant to this section shall
  terminate after the transmittal of the report to Congress as provided in
  section 8(c).
SEC. 106. STAFF OF THE COMMISSION.
  (a) EXECUTIVE DIRECTOR- The Director of the National Park Service, or his
  or her designee, shall serve as the Executive Director of the Commission.
  (b) STAFF- The Director of the National Park Service shall, on a
  reimbursable basis, detail such staff as the Commission may require to
  carry out its duties.
  (c) STAFF OF OTHER AGENCIES- Upon the request of the Commission, the head
  of any Federal agency may detail, on a reimbursable basis, any of the
  personnel of such agency to the Commission to assist the Commission in
  carrying out its duties.
  (d) EXPERTS AND CONSULTANTS- Subject to such rules as may be adopted by the
  Commission, the Commission may procure temporary and intermittent services
  to the same extent as authorized by section 3109(b) of title 5, United
  States Code, but at rates determined by the Commission to be reasonable.
SEC. 107. POWERS OF THE COMMISSION.
  (a) IN GENERAL- The Commission may for the purpose of carrying out this
  title hold such hearings, sit and act at such time and places, take such
  testimony, and receive such evidence as the Commission may deem advisable.
  (b) BYLAWS- The Commission may make such bylaws, rules and regulations,
  consistent with this title, as it considers necessary to carry out its
  functions under this title.
  (c) DELEGATION- When so authorized by the Commission, any member or agent
  of the Commission may take any action which the Commission is authorized
  to take by this section.
  (d) MAILS- The Commission may use the United States mails in the same
  manner and upon the same conditions as other departments and agencies of
  the United States.
SEC. 108. DUTIES OF THE COMMISSION.
  (a) PREPARATION OF STUDY- The Commission shall prepare a study of
  historically significant sites and structures in the United States associated
  with the Civil War, other than Shenandoah Valley Civil War sites. Such
  study shall identify the sites, determine the relative significance
  of such sites, assess short- and long-term threats to their integrity,
  and provide alternatives for the preservation and interpretation of such
  sites by Federal, State and local governments, or other public or private
  entities, as may be appropriate. The Commission shall research and propose
  innovative open space and land preservation techniques. Such alternatives
  may include but shall not be limited to designation as units of the National
  Park System or as affiliated areas. The study may include existing units
  of the National Park System.
  (b) CONSULTATION- During the preparation of the study referred to in
  subsection (a), the Commission shall consult with the Governors of
  affected States, affected units of local government, State and local
  historic preservation organizations, scholarly organizations, and such
  other interested parties as the Commission deems advisable.
  (c) TRANSMITTAL TO THE SECRETARY AND CONGRESS- Not later than 2 years
  after the date that funds are made available for the study referred to in
  subsection (a), the Commission shall transmit such study to the Secretary
  and the Committee on Interior and Insular Affairs of the United States
  House of Representatives and the Committee on Energy and Natural Resources
  of the United States Senate.
  (d) REPORT- Whenever the Commission submits a report of the study to the
  Secretary or the Office of Management and Budget, it shall concurrently
  transmit copies of that report to the Committee on Interior and Insular
  Affairs of the United States House of Representatives and the Committee
  on Energy and Natural Resources of the United States Senate.
SEC. 109. REVISION OF THEMATIC FRAMEWORK.
  In coordination with the major scholarly and professional organizations
  associated with the disciplines of history, archeology, architecture,
  and closely related fields, the Secretary shall undertake a complete
  revision of the National Park Service `Thematic Framework' to reflect
  current scholarship and research on (1) American history and culture, (2)
  historic and prehistoric archeology, and (3) architecture. The revision
  shall be transmitted to the United States House of Representatives Committee
  on Interior and Insular Affairs and the United States Senate Committee on
  Energy and Natural Resources not later than 18 months after the date of
  enactment of this Act. In making such revision, the Secretary shall ensure
  that the full diversity of American history and prehistory are represented
  in the revised `Thematic Framework'.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
  There are hereby authorized to be appropriated such sums not to exceed
  $2,000,000 to carry out the purposes of this title.
TITLE II--REVIEW OF BOUNDARIES OF UNITS OF THE NATIONAL PARK SYSTEM
SEC. 201. FINDINGS.
  The Congress finds that--
  (1) park system boundaries are often established without complete data
  regarding the location and viability of essential natural, cultural,
  historic, scenic, and recreational resources and no consistent process
  or no guiding principles based on resource-oriented criteria have been
  applied to the establishment of those boundaries;
  (2) certain activities on adjacent lands may threaten the natural, cultural,
  historic, scenic, and recreational values relevant to many natural and
  cultural parks, particularly historic battlefields in Eastern States;
  (3) a substantial number of park system units are characterized by boundary
  lines which are difficult to identify and administer;
  (4) the boundaries established for many units of the National Park System do
  not provide for the most efficient management, protection, preservation,
  and public enjoyment of the natural, ecological, cultural, historic,
  scenic, and recreational resources relevant to those units;
  (5) agency data indicate that certain park boundaries exclude significant
  geologic and scenic features as well as pertinent cultural or historic
  resources; and
  (6) an adjustment of the boundaries of many park system units (including
  additions, deletions, and exchanges of lands) is necessary to protect or
  include natural, ecological, cultural, historical, scenic, and recreational
  resources which are relevant to those units, and to improve management at
  such units.
SEC. 202. REVIEW OF PARK SYSTEM BOUNDARIES.
  (a) STUDY AND REVIEW- The Secretary of the Interior (hereinafter in this
  title referred to as the `Secretary'), acting through the Director of
  the National Park Service (hereinafter in this title referred to as the
  `Director') shall conduct systematic and comprehensive reviews of the
  boundaries of units of the National Park System. Initial and subsequent
  studies shall consider and address--
  (1) the adequate protection and preservation of the natural, historic,
  cultural, scenic, and recreational resources relevant to the unit (as
  required pursuant to existing law including 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. 1-4), the Act of August 21,
  1935 (49 Stat. 666; 16 U.S.C 461-467), and the Act of August 18, 1970
  (16 U.S.C. 1a-1 through 1a-7)); and
  (2) providing for the most efficient management of the unit.
  (b) STUDY PROCEDURES- Such studies shall provide for--
  (1) public input; and
  (2) consultation and coordination with effected Federal, State, and local
  agencies.
Each such study shall include an analysis and evaluation of information
available to the Director regarding the adequacy of such boundaries. Each such
study shall also develop additional information and analysis as necessary
regarding the adequacy of the unit's boundaries. Each such study shall be
completed in compliance with the National Environmental Policy Act of 1969
and other applicable laws.
  (c) CRITERIA- For those boundary studies conducted after completion of
  the high priority studies referred to in subsection (d) the Director shall
  develop study criteria to fulfill the requirements of subsections (a) and
  (b). No later than 2 1/2  years after the date of enactment of this title,
  the Director shall publish proposed study criteria for such subsequent
  studies in the Federal Register. After providing for public comment, but no
  later than 6 months after publication of the proposed criteria, the Director
  shall publish final criteria in the Federal Register for such subsequent
  studies. The Director shall also submit such criteria to the Committee on
  Interior and Insular Affairs of the United States House of Representatives
  and the Committee on Energy and Natural Resources of the United States Senate
  (hereinafter referred to as the `Committees'). Any additions, deletions,
  or modifications to the study criteria shall not take effect until 60 days
  after notice of the proposed change has been submitted to the Committees.
  (d) HIGH PRIORITY STUDIES- Within 180 days after enactment of this title,
  the Director shall notify the Committees in writing of at least 25 units of
  the National Park System which, in the judgment of the Director, have the
  highest priority for review and study pursuant to this title. Such units
  shall be representative, to the extent practical, of the different park
  units and boundary issues to be addressed. Not later than 3 years after
  the enactment of this title, the Director shall submit a report to the
  Committees containing the results of the review and study in the case of
  such high priority units. The review and study of such units may be carried
  out before publication of the study criteria referred to in subsection (c).
  (e) CONTENTS OF STUDIES AND REPORTS- Each report under this title shall
  contain specific recommendations regarding any necessary boundary adjustments
  and other methods which may be available to protect the natural, ecological,
  cultural, historic, scenic, and recreational resources which are relevant
  to those units, and to improve management at such units. In considering
  any boundary modifications and other alternatives, the Director shall
  examine the socioeconomic benefits and impacts and other direct costs,
  the effects on fish and wildlife resources including, but not limited
  to hunting and habitat enhancement and conservation, the potential
  for coordinated management by other Federal agencies and non-Federal
  entities which manage and control lands adjacent to park system units,
  the potential for using assistance to State and local governments under
  the Land and Water Conservation Fund Act of 1965 to establish priorities
  for purposes of protecting and preserving the resources concerned, and
  such other alternatives to boundary modifications as the Director finds
  to be feasible and appropriate for such purposes.
  (f) FUTURE STUDIES- Following presentation of the study and report
  required under subsection (d), the Director shall undertake an ongoing
  program of study of specific park unit boundaries on a timely, regular, and
  comprehensive basis. Such studies may be carried out in whole or in part in
  association with the preparation or revision of a general management plan,
  or separately from the general management plan process, as necessary to
  maintain the timely and regular development of such studies. Following
  completion of each study, the results shall be transmitted to the Committees.
  (g) PRIOR BOUNDARY ADJUSTMENT STUDIES- Within 90 days after enactment of
  this title, the Director shall submit to the Committees a report on those
  park units for which boundary adjustments were previously developed as part
  of a general management plan pursuant to section 12(b) of the Act of August
  18, 1970 (16 U.S.C.1a-1 through 1a-7) but for which no legislative proposal
  has previously been submitted to the Congress by the Secretary. Such report
  shall detail the recommendations made by each general management plan.
  (h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  such sums as may be necessary to carry out the provisions of this section.
TITLE III--NATIONAL PARK SYSTEM ADVISORY BOARD
SEC. 301. NATIONAL PARK SYSTEM ADVISORY BOARD.
  Section 3 of the Act of August 21, 1935, entitled `An Act to provide
  for the preservation of historic American sites, buildings, objects,
  and antiquities of national significance, and for other purposes' (16
  U.S.C. 461-467; 49 Stat. 666 et seq.) is amended--
  (1) in the first sentence of subsection (a)--
  (A) by striking `twelve' and inserting `sixteen';
  (B) by striking `United States,' and inserting `United States who have a
  demonstrated commitment to the National Park System,'; and
  (C) by striking `and natural science,' and inserting `anthropology, biology,
  geology, and related disciplines,';
  (2) by adding at the end of subsection (a) the following: `Such board
  shall also provide recommendations on the designation of national historic
  landmarks and national natural landmarks. Such board is strongly encouraged
  to consult with the major scholarly and professional organizations in the
  appropriate disciplines in making such recommendations.';
  (3) in the first sentence of subsection (b), by striking `1990' and inserting
  `1995'; and
  (4) in the second sentence of subsection (b), by striking `In' and inserting
  `The provisions of section 14(b) of the Federal Advisory Committee Act
  (the Act of October 6, 1972; 86 Stat. 776) are hereby waived with respect
  to the Board, but in'.
SEC. 302. NATIONAL PARK SYSTEM ADVISORY COUNCIL.
  Section 3 of the Act of August 21, 1935, entitled `An Act to provide for the
  preservation of historic American sites, buildings, objects, and antiquities
  of national significance, and for other purposes' (16 U.S.C. 461-467;
  49 Stat. 666 et seq.) is amended by adding at the end the following:
  `(c) There is hereby established the National Park Service Advisory
  Council (hereafter in this section referred to as the `advisory council')
  which shall provide advice and counsel to the National Park System
  Advisory Board. Membership on the advisory council shall be limited to
  those individuals whose term on the advisory board has expired. Such
  individuals may serve as long as they remain active except that not more
  than 12 members may serve on the advisory council at any one time. Members
  of the advisory council shall not have a vote on the National Park System
  Advisory Board. Members of the advisory council shall receive no salary but
  may be paid expenses incidental to travel when engaged in discharging their
  duties as members. Initially, the Secretary shall choose 12 former members
  of the Advisory Board to constitute the advisory council. In so doing,
  the Secretary shall consider their professional expertise and demonstrated
  commitment to the National Park System and to the Advisory Board.'.
  Amend the title so as to read: `A bill to amend the Historic Sites,
  Buildings, and Antiquities Act, and for other purposes.'.
HR 2582 RH----2
An act to provide for a Civil War Sites Study and to reauthorize the National Park System Advisory Board, and for other purposes.

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