108th congress (2003-2004) Summary of National Park Service Laws

New NPS units created:

• Establishes the Carter G. Woodson Home National Historic Site, DC – P.L. 108-192 (upon acquisition of the home site).

• Designates the Mt. Soledad National Memorial, CA honoring veterans of the U.S. Armed Forces and requires the Secretary to accept a donation of the memorial if offered by the City of San Diego and upon its acquisition to administer the national memorial as a unit of the National Park System (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447 (pending the donation of the land).

Affiliated areas:

• Changes the Oklahoma City National Memorial. OK from a unit of the park system to an affiliated area (included in the FY 2004 Agriculture Appropriations Act) – P.L. 108-199.

• Authorizes the establishment of the Kate Mullany National Historic Site, NY – P.L. 108-438.

Park name changes and boundary modifications:

• Redesignates Congaree Swamp National Monument as Congaree National Park, SC and authorizes additional land to be added to the park (included in the FY 2004 Interior Appropriations Act) – P.L. 108-108.

• Redesignates Fort Clatsop National Memorial as Lewis and Clark National Historical Park and establishes a unit of the park at three sites in Washington State, OR/WA – P.L. 108-387.

Boundary modifications:

• Establishes the Moccasin Bend National Archeological District as a unit of Chickamauga and Chattanooga National Military Park, TN (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• Glen Canyon National Recreation Area. UT/AZ – P.L. 108-43.

• McLoughlin House addition to Fort Vancouver NHS, WA – P.L. 108-63.

• Black Canyon of the Gunnison National Park, CO – P.L. 108-128.

• Kaloko-Honokohau National Historical Park, HI – P.L. 108-142.

• Montezuma Castle National Monument, AZ (included in the Coconino and Tonto National Forests land exchange act) – P.L. 108-190.

• Cumberland Gap National Historical Park, KY/TN (Fern Lake addition - included in the FY 2004 Agriculture Appropriations Act) – P.L. 108-199.

• Sleeping Bear Dunes National Lakeshore, MI – P.L. 108-229.

• Harpers Ferry National Historical Park, WV – P.L. 108-307.

• Mount Rainier National Park, WA – P.L. 108-312.

• Johnstown Flood National Memorial, PA – P.L. 108-313.

• Timucuan Ecological and Historic Preserve, FL – P.L. 108-321.

• Fort Donelson National Battlefield, KY/TN – P.L. 108-367.

• John Muir National Historic Site, CA – P.L. 108-385.

• Wilson’s Creek National Battlefield, MO – P.L. 108-394.

• Harry S Truman National Historic Site, MO – P.L. 108-396.

• Fort Frederica National Monument, GA – P.L. 108-417.

• Petrified Forest National Park, AZ – P.L. 108-430.

Wilderness:

• Designates the Gaylord A. Nelson National Wilderness at Apostle Islands National Lakeshore, WI (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

• Deletes the main road and two spur roads from the designated wilderness and the High Point Half-Moon Bluff Historic District from potential wilderness within Cumberland Island National Seashore, GA (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

Heritage areas:

• Establishes the Blue Ridge National Heritage Area, NC (included in the FY 2004 Interior Appropriations Act) – P.L. 108-108.

• Extends the authority for the Delaware and Lehigh Heritage Area Commission. PA until 2007 (included in the FY 2004 Agriculture Appropriations Act) – P.L. 108-199.

• Authorizes the establishment of the National Aviation Heritage Area. OH/IN (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

• Authorizes the establishment of the Oil Region National Heritage Area. PA (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

• Authorizes the establishment of the Mississippi Gulf Coast National Heritage Area, MS (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

Trails:

• Establishes El Camino Real de los Tejas National Historic Trail, LA/ TX – P.L. 108-342.

• Authorizes the expenditure of funds to construct a parking lot and connecting trail on leased, non-Federal land in order to accommodate visitor use of the Old Rag Mountain Trail at Shenandoah National Park, VA (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

NPS lands issues:

• Provides for the expeditious completion of the acquisition of land owned by the State of Wyoming within the boundaries of Grand Teton National Park – P.L. 108-32.

• Provides permanent authority for the Secretary to enter into agreements and leases for Fort Baker, Golden Gate National Recreation Area, CA (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• Removes certain Land and Water Conservation Fund grant restrictions on a heritage education park in Fairbanks, AK. (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• Authorizes a right-of-way for the Lewis and Clark Interpretive Center, IA – P.L. 108-62.

• Requires an exchange of land within the Mojave National Preserve, CA (included in the FY 2004 Department of Defense Appropriations Act) – P.L. 108-87.

• Authorizes a land exchange among the Great Smoky Mountains National Park, TN/NC, the Blue Ridge Parkway, NC/VA, and the Eastern Band of Cherokee Indians (included in the FY 2004 Interior Appropriations Act) – P.L. 108-108.

• Authorizes a land exchange between the Martin Luther King, Jr. National Historic Site and the City of Atlanta, GA – P.L. 108-314.

• Transfers land under the jurisdiction of NPS in Anacostia Park to the District of Columbia (included in the FY 2005 District of Columbia Appropriations Act) – P.L. 108-335.

• Authorizes an exchange of lands within Great Smoky Mountains National Park, NC/TN with Alcoa Power Generating, Inc. for the purposes of the Tapoco Project – P.L. 108-343.

• Authorizes a land exchange between Chickasaw National Recreation Area, OK and the Chickasaw Nation to allow the tribe to build a cultural center, OK – P.L. 108-389.

• Authorizes the acquisition of lands, or waters or any part of any pier, dock, or landing within New York or New Jersey for the purpose of providing facilities for the transportation of visitors to Ellis, Governors, and Liberty Islands (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

• Authorizes the heirs, successors, and assigns of persons leasing cabins under permit at Mineral King in Sequoia National Park, CA to be eligible to request permits from the park (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

• Requires the purchase of seven parcels of land in Seward, AK for the administrative complex and related visitor facilities for Kenai Fjords National Park and Chugash National Forest (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

• Authorizes an exchange of lands at Everglades National Park, FL - P.L. 108-483.

• Authorizes the deletion of the street in front of Castillo de San Marcos NM, FL from the boundary of the park and provides authority for a visitor center – P.L. 108-480.

Fee authority:

• Makes permanent the authority of the Secretary to obligate fees for contracts for transportation services at Zion National Park, UT and at Rocky Mountain National Park, CO before the fees are received. (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• Authorizes the Federal Lands Recreation Enhancement Act establishing a permanent fee program for national parks and public lands (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

Concessions authorities:

• Authorizes the Secretary to seek review in the U.S. Court of Federal Claims of any value determination proceeding conducted under a National Park Service concession contract issued prior to November 13, 1998, when the decision misinterprets or misapplies relevant contractual requirements or their underlying legal authority (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

• Authorizes the use of franchise fees to be available for any unit of the park system to extinguish or reduce liability for possessory interest or leasehold surrender interest (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

Natural resource authorities:

• Instructs the Army Corps of Engineers to immediately carry out the plan identified as Alternative 6D for providing flood protection in the 8.5 Square Mile Area of the Everglades and requires the Corps to help homeowners that have to relocate to find comparable land within the area, FL (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• Authorizes a program of financial assistance for the eradication and control of nutria – P.L. 108-16.

• Addresses noise issues at Grand Canyon NP, AZ and Jackson Hole Airport at Grand Teton NP, WY (included in the Flight 100 – Century of Aviation Reauthorization Act) – P.L. 108-176.

• Requires NPS to issue a special regulation for continued hunting at New River Gorge National River, WV, with the September 25, 3003 interim final rule being in effect until the new final regulation is finalized (included in the FY 2004 Interior Appropriations Act) – P.L. 108-108.

• Provides authority to control brown tree snakes on public lands – P.L. 108-384.

• Provides authority to control noxious weeds on public lands – P.L. 108-412.

• Authorizes the extension of a permit for the Kaweah hydroelectric project in Sequoia National Park, CA for an additional ten years (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

• Requires the issuance of a special use permit to the permittee for the Clark Mountain Allotment lands within Mojave National Preserve, CA upon the request of the permittee (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

Cultural resource authorities:

• Authorizes additional funds for FY 2003-2008 for restoration of Historically Black Colleges and Universities, and reduces the cost-share requirements for grants (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• Increases the amount authorized for construction and rehabilitation of certain facilities at New Bedford Whaling NHP, MA (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• Designates Fort Bayard Historic District in the State of New Mexico as a National Historic Landmark – P.L. 108-209.

• Authorizes the transfer of U.S.-owned land associated with the lighthouse on Sentinel Island, AK to be conveyed to the entity that received the light station (included in the Coast Guard authorization act) - P.L. 108-293.

• Establishes requirements for lighthouses being conveyed to a new entity after having previously been transferred under the National Historic Lighthouse Preservation Program (included in the Coast Guard authorization act) – P.L. 108-293.

• Authorizes NPS participation in the establishment of the Hibben Center for Archeological Research at the University of New Mexico, NM – P.L. 108-413.

• Requires that funds provided for matching grants in FY 2005 for the restoration of historic or cultural properties at Keweenaw National Historical Park, MI shall be matched on not less than a 1 to 1 basis by non-federal funds (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

• Recognizes the 60^th anniversary of the Battle of Peleliu and the end of Imperial Japanese control of Palau during WW II and urges the Secretary of the Interior to work to protect the historic sites of the Peleliu Battlefield National Historic Landmark and to establish commemorative programs honoring the Americans who fought there – P.L. 108-479.

Miscellaneous other authorities:

• Provides permanent authority for the National Park Service to enter into cooperative agreements with Capital Concerts to carry out programs (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• Extends until September 30, 2003, the deadline for the submission of final reports and plans for a proposed National Museum of African American History and Culture (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• Amends the Alaska Native Claims Settlement Act to allow Cape Krusenstern National Monument Native-American corporations, AK to establish settlement trusts (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• Provides penalties for destruction of veterans’ memorials on federal property – P.L. 108-29.

• Authorizes military service previously performed by the United States Park Police to count as creditable service for purposes of calculating retirement annuities – P.L. 108-133.

• Authorizes a study of pay and benefits parity among law enforcement officers across the federal government – P.L. 108-196.

• Authorizes NPS to pay expense of transporting the remains and household effects of deceased employees hired under the local hire authority of the Alaska National Interest Lands Conservation Act (included in the FY 2004 Agriculture Appropriations Act) – P.L. 108-199.

• Exempts certain groups of law enforcement officers from state laws prohibiting the carrying of concealed weapons - P.L. 108-277.

• Authorizes a commemorative coin regarding the founding of Jamestown, Virginia – P.L. 108-289.

• Authorizes up to three ships to qualify as a cruise ship for purposes of entering Glacier Bay National Park, AK (included in the Coast Guard authorization act) - P.L. 108-293.

• Makes technical corrections to laws relating to certain units of the National Park System and to National Park programs (among other changes, the names of the National Park Organic Act and the National Park System General Authorities Act are established in statute and National Park Foundation employees are eligible for government contract airfares) – P.L. 108-352.

• Provides various authorities for flexibility in the federal workforce – P.L. 108-411.

• Requires the implementation of the snowmobile regulations for Grand Teton and Yellowstone National Parks, WY for the 2004-2005 winter use season (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

• Authorizes the establishment of the 225^th Anniversary of the American Revolution Commemoration Program (included in the Consolidated Appropriations Act for FY 2005) – P.L. 108-447.

Grants passed through the National Park Service:

• Authorizes a grant for the construction of a memorial in Cadillac, Michigan in honor of Kris Eggle (included in the FY 2004 Interior Appropriations Act) – P.L. 108-108.

• Authorizes a payment of $11,750 to the Harriet Tubman Home in Auburn, NY to preserve the home and honor the memory of Harriet Tubman, which represents the sum she should have received in pension payments as a Civil War veteran’s widow (included in the FY 2004 Interior Appropriations Act) – P.L. 108-108.

• Authorizes grants and technical assistance to the California Missions Foundation for the restoration and repair of the Spanish colonial missions in California – P.L. 108-420.

• Authorizes assistance to the States of Connecticut, New Jersey, New York, and Pennsylvania to conserve priority lands and natural resources in the Highlands region – P.L. 108-421.

Studies:

• Authorizes a study of the San Gabriel River Watershed, CA – P.L. 108-42.

• Authorizes a study of the Miami Circle site, FL – P.L. 108-93.

• Authorizes a study of Coltsville, CT – P.L. 108-94.

• Authorizes a study of the Manhattan Project sites in WA, NM and TN – P.L. 108-340.

• Authorizes an updated study of the eastern legacy of the Lewis and Clark Trail – P.L. 108-387.

Congressional recognitions

• Designates the regional headquarters building for the National Park Service under construction in Omaha, Nebraska, as the “Carl T. Curtis National Park Service Midwest Regional Headquarters Building” – P.L. 108-37.

• Designates the Kris Eggle Visitor Center at Organ Pipe Cactus NM, AZ – P.L. 108-64.

Commissions:

• Extends the Abraham Lincoln Bicentennial Commission – P.L. 108-59.

D.C. Memorials:

• Authorizes a visitor center to be built at the Vietnam Veterans Memorial, DC – P.L. 108-126.

• Authorizes an extension of the time to build the Martin Luther King, Jr. Memorial, DC – P.L. 108-125.

Appropriations:

• FY 2003 Interior Appropriations Act (included in the Continuing Appropriations Resolution, FY 2003) – P.L. 108-7.

• FY 2004 Interior Appropriations Act – P.L. 108-108.

• FY 2004 Energy and Water Appropriations – P.L. 108-137 (includes provisions authorizing funds for Everglades restoration activities).

• FY 2004 Agriculture Appropriations Act – P.L. 108-199 (includes several NPS miscellaneous provisions).

• FY 2005 Consolidated Appropriations Act – P.L. 108-447.

Presidential Proclamations

• Reestablishment of the Governors Island National Monument, NY – Proclamation 7647

Executive Orders

• President’s Council on Service and Civic Participation – Executive Order 13285

• Preserve America – Executive Order 13287

• Continuance of Certain Federal Advisory Committees – Executive Order 13316

• Federal Real Property Asset Management – Executive Order 13327

• Human Service Transportation Coordination – Executive Order 13330

• Establishment of Great Lakes Interagency Task Force and Promotion of a Regional Collaboration of National Significance for the Great Lakes – Executive Order 13340

• Individuals with Disabilities in Emergency Preparedness – Executive Order 13347

• Facilitation of Cooperative Conservation – Executive Order 13352

• Committee on Ocean Policy – Executive Order 13366