Richa,
Following is a bill introduced in the U.S. House of Representatives that
may be of interest. The bill is still in committee.
Marc
[log in to unmask]
National Park Enhancement and Protection Act (Introduced in the House)
HR 4158 IH
105th CONGRESS
2d Session
H. R. 4158
To authorize the private ownership and use of certain secondary structures
and surplus lands administered as part of any national historical park that
are not
consistent with the purposes for which the park was established, if
adequate protection of natural, aesthetic, recreational, cultural, and
historical values is assured by
appropriate terms, covenants, conditions, or reservations.
IN THE HOUSE OF REPRESENTATIVES
June 25, 1998
Mr. BARTLETT of Maryland introduced the following bill; which was referred
to the Committee on Resources
A BILL
To authorize the private ownership and use of certain secondary structures
and surplus lands administered as part of any national historical park that
are not
consistent with the purposes for which the park was established, if
adequate protection of natural, aesthetic, recreational, cultural, and
historical values is assured by
appropriate terms, covenants, conditions, or reservations.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Park Enhancement and Protection
Act'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The National Park Service has insufficient funds for the
operation, maintenance, and rehabilitation of certain units of the National
Park System.
(2) Federal full fee ownership of structures and lands that are
not consistent with the purposes for which a national historical park was
established and
that are essential only to the protection of such a park is not
always required to preserve the aesthetic, natural, cultural, and
historical values of national
historical parks.
(3) The sale or lease, or any extension of a sale or lease, of
secondary structures and surplus lands of national historical parks that
are not consistent
with the purposes for which the parks were established and that
are essential only to the protection of such parks, could generate needed
funds while
preserving the values for which the parks were established, if
adequate protection of natural, aesthetic, recreational, cultural, and
historical values is
assured by appropriate terms, covenants, conditions, or
reservations.
(4) There are some secondary structures and surplus lands of
national historical parks that need not be owned by the Federal Government
in fee simple
to achieve the benefits for which the parks were established.
SEC. 3. DEFINITIONS.
In this Act:
(1) SURPLUS LAND- The term `surplus land' means land owned by the
United States that is--
(A) controlled by the Secretary and administered as part of
a national historical park;
(B) not consistent with the purposes for which the park was
established; and
(C) determined by the Secretary to be surplus to the
purposes of national historical parks.
(2) SECONDARY STRUCTURES- The term `secondary structure'--
(A) means a structure (including associated land) controlled
by the Secretary and administered as part of a national historical park,
that--
(i) is not historic under National Register on Historic
Places criteria; and
(ii) is determined by the Secretary to be surplus to
the purposes of national historical parks; and
(B) does not include any structure or land that is
determined by the Secretary to be part of the essence of a national
historical park.
(3) SECRETARY- The term `Secretary' means the Secretary of the
Interior.
SEC. 4. ALLOWING PRIVATE ACQUISITION OR USE OF NATIONAL HISTORICAL PARK
SECONDARY
STRUCTURES AND SURPLUS LAND.
(a) DETERMINATION OF SECONDARY STRUCTURES AND SURPLUS LAND- The
Secretary shall review the lands and structures that are
controlled by the Secretary and administered as part of a national
historical park and determine whether any of those lands or structures are
secondary
structures or surplus lands, respectively.
(b) ALLOWING PRIVATE ACQUISITION OR USE- The Secretary, after
determining it to be in the public interest and after publication of notice
in the
Federal Register and 30 days for public comment, may in accordance
with this Act sell, lease, permit the use of, or extend a lease or use
permit for, any land
and structure determined by the Secretary to be a secondary structure
or surplus land, respectively.
SEC. 5. REQUIREMENTS.
(a) COMPETITION- Except as provided in subsection (c), any sale or
lease of property under this Act shall be made under full and open
competition.
(b) COSTS- The Secretary shall ensure that the terms of any sale,
lease, or use permit under this Act are sufficient to recover the costs to
the United States of
awarding and administering the sale, lease, or permit. The Secretary
shall require that a person acquiring, leasing, or using property under
this Act shall bear all
reasonable costs of appraisal incidental to such conveyance, lease, or
use, as determined by the Secretary.
(c) REACQUISITION BY ORIGINAL OWNER- Before disposing of any secondary
structure or surplus land under this Act, the Secretary shall, to the
extent possible, provide the person or persons from whom the structure
or land was acquired by the United States, or their heirs, as determined
from the deed
and land records for the property, an opportunity to reacquire the
structure or land by negotiated sale, lease, or use permit. The Secretary
shall publish a
notice in an appropriate regional or local newspaper in an attempt to
locate such persons.
(d) NOTICE TO CONGRESS- The Secretary shall report to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate each conveyance, lease, or
issuance of a use permit for property under this Act having a total value
greater than
$150,000, at least 30 days prior to consummation of the transaction.
SEC. 6. PROTECTION OF HISTORICAL INTEGRITY OF PARK.
In order to protect the natural, aesthetic, recreational, cultural, or
historic values of any national historical park, the Secretary shall
include in any sale, lease, or
use permit under this Act any terms, covenants, conditions, or
reservations necessary to ensure preservation of the public interest and
uses consistent with the
purposes for which the park was established.
SEC. 7. USE OF REVENUES.
Amounts received by the United States as proceeds from any sale,
lease, or use of a secondary structure or surplus land under this Act in
excess of the
administrative cost of the sale, lease, or use--
(1) shall be deposited in a special fund in the Treasury; and
(2) shall be available to the Secretary, without further
appropriation, for operation, maintenance, or improvement of, or for the
acquisition of land or
interests therein for, the national park system unit which
generated the proceeds.
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