National Park Service Critical Authorities Act of 2012 - Revises provisions regarding the removal of snow and ice around federal buildings in the District of Columbia.
Permits the Federal Highway Administration (FHA) and the National Park Service (NPS) to exchange lands in Virginia along the George Washington Memorial Parkway affecting access to the Claude Moore Historical Farm and security at the FHA's Turner-Fairbank Highway Research Center and the Central Intelligence Agency (CIA) complex adjacent to the farm.
Revises specified current penalty provisions applicable to the National Park System to provide for the uniform application throughout the System of specified penalty provisions of the National Park Service Organic Act and the federal criminal code.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3398 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3398
To provide for several critical National Park Service authorities, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2012
Mr. Bingaman (by request) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for several critical National Park Service authorities, and
for other purposes.
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 Service Critical
Authorities Act of 2012''.
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:
``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--
``(1) in front of or adjacent to any building that is--
``(A) owned by the United States; and
``(B) under the jurisdiction of the Federal agency;
or
``(2) a public thoroughfare in front of, around, or through
any public square, reservation, or open space that is--
``(A) owned by the United States; and
``(B) under the jurisdiction of the Federal agency.
``(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.
``(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--
``(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; and
``(2) as soon as practicable, thoroughly remove the snow,
sleet, or ice from the affected sidewalk or crosswalk.
``(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.
``(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.''.
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.
(b) Definitions.--In this section:
(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.
(2) DOI land.--The term ``DOI land'' means the
approximately 0.342 acres of Department of the Interior land
that is--
(A) located within the boundary of the George
Washington Memorial Parkway; and
(B) generally depicted as ``B'' on the Map.
(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--
(A) adjacent to the boundary of the George
Washington Memorial Parkway; and
(B) generally depicted as ``A'' on the Map.
(4) Map.--The term ``Map'' means the map entitled ``GWMP-
Claude Moore Farm Proposed Boundary Adjustment'', numbered 850/
82003, and dated April 2004.
(5) Research center.--The term ``Research Center'' means
the Turner-Fairbank Highway Research Center of the Federal
Highway Administration.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Administrative Jurisdiction.--
(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.
(2) Use restriction.--
(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.
(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.
(3) No reimbursement or consideration.--No reimbursement or
consideration shall be required for the transfer of
administrative jurisdiction under this subsection.
(4) Compliance with agreement.--
(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.
(B) Access to restricted land.--
(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.
(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.
(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.
(5) Availability of map.--The Map shall be available for
public inspection in the appropriate offices of the National
Park Service.
(d) Management of Transferred Land.--
(1) DOT land.--The DOT land transferred to the Secretary
under subsection (c)(1) shall be--
(A) included in the boundaries of the George
Washington Memorial Parkway; and
(B) administered as part of the George Washington
Memorial Parkway, subject to applicable laws (including
regulations).
(2) DOI land.--The DOI land transferred to the Secretary of
Transportation under subsection (c)(1) shall be--
(A) included in the boundary of the Research
Center; and
(B) removed from the boundary of the parkway.
(3) Restricted-use land.--The land described in subsection
(c)(2)(B) shall be maintained by the Research Center.
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.''.
(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.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5136-5138)
Read twice and referred to the Committee on Energy and Natural Resources.
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