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110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-795

======================================================================



 
                   NATIONAL PARK CENTENNIAL FUND ACT

                                _______
                                

 July 29, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3094]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3094) to establish in the Treasury of the United 
States a fund which shall be known as the National Park 
Centennial Fund, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Park Centennial Fund Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Fund.--The term ``Fund'' means the National Park 
        Centennial Fund established under section 3.
          (2) In-kind.--The term ``in-kind'' means the fair market 
        value of non-cash contributions provided by non-Federal 
        partners, which may be in the form of real property, equipment, 
        supplies and other expendable property, as well as other goods 
        and services.
          (3) Project or program.--The term ``Project or program'' 
        means a National Park Centennial Project or Program funded 
        pursuant to this Act.
          (4) Proposal.--The term ``Proposal'' means a National Park 
        Centennial Proposal submitted pursuant to section 4.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. NATIONAL PARK CENTENNIAL FUND.

  There is established in the Treasury of the United States a fund 
which shall be known as the National Park Centennial Fund. In each 
fiscal year from fiscal year 2009 through fiscal year 2018, the 
Secretary of the Treasury shall deposit into the Fund, from the general 
treasury, $30,000,000 each fiscal year.

SEC. 4. PROGRAM ALLOCATION.

  (a) In General.--Each fiscal year, the President's annual budget 
submission for the Department of the Interior shall include a list of 
proposals which shall be known as National Park Centennial Proposals. 
The Secretary shall establish a standard process for developing the 
list that shall encourage input from both the public and a broad cross-
section of employees at every level of the National Park Service. The 
list--
          (1) shall include proposals having an aggregate cost to the 
        Federal Government equal to the unobligated amount in the Fund;
          (2) shall include only proposals consistent with National 
        Park Service policies and adopted park planning documents;
          (3) may include proposals for any area within the national 
        park system (as that term is defined in section 2 of the Act of 
        August 8, 1953 (16 U.S.C. 1c)), clusters of areas within such 
        system, a region or regions of such system, or such system in 
        its entirety;
          (4) shall cumulatively represent a nationwide array of 
        proposals that is diverse geographically, in size, scope, 
        magnitude, theme, and variety under the initiatives described 
        in subsection (b);
          (5) shall give priority to proposals demonstrating long-term 
        viability beyond receipts from the Fund;
          (6) shall include only proposals meeting the requirements of 
        one or more of the initiatives set forth in subsection (b);
          (7) must contain proposals under each of the initiatives set 
        forth in subsection (b); and
          (8) shall give priority to proposals with committed, 
        nonfederal support but shall also include proposals funded 
        entirely by the Fund.
  (b) National Park Centennial Initiatives.--The requirements referred 
to in subsection (a)(6) are as follows:
          (1) Education in parks centennial initiative.--Proposals for 
        the ``Education in Parks Centennial Initiative'' shall meet the 
        following requirements:
                  (A) Priority shall be given to proposals designed to 
                increase National Park-based educational opportunities 
                for elementary, secondary and college students 
                particularly those from populations historically under 
                represented among visitors to the National Park System.
                  (B) Priority shall be given to proposals designed to 
                bring students into the National Park System in person.
                  (C) Proposals should include strategies for 
                encouraging young people to become lifelong advocates 
                for National Parks.
                  (D) Proposals shall be developed in consultation with 
                the leadership of educational and youth organizations 
                expected to participate in the proposed initiative.
          (2) Diversity in parks centennial initiative.--
                  (A) Study.--Not later than 1 year after the date of 
                the enactment of this Act, the Secretary shall submit 
                to the Committee on Natural Resources of the House of 
                Representatives and the Committee on Energy and Natural 
                Resources of the Senate a report detailing a service-
                wide strategy for increasing diversity among National 
                Park Service employees at all levels and visitors to 
                the National Park System.
                  (B) Proposals.--Proposals for the ``Diversity in 
                Parks Centennial Initiative'' shall meet the following 
                requirements:
                          (i) Each proposal shall be based on 
                        recommendations contained in the report 
                        required in subparagraph (A).
                          (ii) Each proposal shall be designed to make 
                        National Park Service employees, visitors to 
                        the National Park System, or both, reflect the 
                        diversity of the population of the United 
                        States.
          (3) Supporting park professionals centennial initiative.--
        Proposals for the ``Supporting Park Professionals Centennial 
        Initiative'' shall meet the following requirements:
                  (A) Taken as a whole, proposals shall provide 
                specific opportunities for National Park Service 
                employees, at all levels, to participate in 
                professional career development.
                  (B) Proposals may include National Park Service-
                designed, internal professional development programs.
                  (C) Proposals may also be designed to facilitate 
                participation in external professional development 
                programs or established courses of study by National 
                Park Service employees.
          (4) Environmental leadership centennial initiative.--
        Proposals for the ``Environmental Leadership Centennial 
        Initiative'' shall meet the following requirements:
                  (A) Each proposal shall be designed to do one or more 
                of the following:
                          (i) Reduce harmful emissions.
                          (ii) Conserve energy or water resources.
                          (iii) Reduce solid waste production within 
                        the National Park System.
                  (B) Each proposal shall include strategies for 
                educating the public regarding Environmental Leadership 
                projects and their results.
                  (C) Priority shall be given to proposals with the 
                potential to spread technological advances to other 
                Federal agencies or to the private sector.
          (5) Natural resource protection centennial initiative.--
        Proposals for the ``Natural Resource Protection Centennial 
        Initiative'' shall meet the following requirements:
                  (A) Each proposal shall be designed to restore or 
                conserve native ecosystems within the National Park 
                System.
                  (B) Priority shall be given to proposals designed to 
                control invasive species.
                  (C) Each proposal shall be based on the best 
                available scientific information.
          (6) Cultural resource protection centennial initiative.--
        Proposals for the ``Cultural Resource Protection Centennial 
        Initiative'' shall--
                  (A) either--
                          (i) increase the National Park Service's 
                        knowledge of cultural resources located within 
                        the National Park System through means 
                        including, but not limited to, surveys, 
                        studies, mapping, and documentation of such 
                        resources; or
                          (ii) improve the condition of documented 
                        cultural resources within the National Park 
                        System;
                  (B) incorporate the best available scientific 
                information; and
                  (C) where appropriate, be developed in consultation 
                with Native American tribes, State historic 
                preservation offices, or other organizations with 
                cultural resource preservation expertise.
          (7) Health and fitness in parks centennial initiative.--
                  (A) In general.--Proposals for the ``Health and 
                Fitness in Parks Centennial Initiative'' shall fall 
                into one or more of the following four categories:
                          (i) Proposals designed to repair, 
                        rehabilitate, or otherwise improve 
                        infrastructure, including trails, that 
                        facilitates healthy outdoor activity within the 
                        National Park System.
                          (ii) Proposals designed to expand 
                        opportunities for access to the National Park 
                        System for visitors with disabilities.
                          (iii) Proposals to develop and implement 
                        management plans (such as climbing plans and 
                        trail system plans) for activities designed to 
                        increase the health and fitness of visitors to 
                        the National Park System.
                          (iv) Proposals to develop outreach programs 
                        and media that provide public information 
                        regarding health and fitness opportunities 
                        within the National Park System.
                  (B) Miscellaneous requirements.--All proposals for 
                ``the Health and Fitness in Parks Centennial 
                Initiative'' shall--
                          (i) be consistent with National Park Service 
                        policies and adopted park planning documents; 
                        and
                          (ii) be designed to provide for visitor 
                        enjoyment in such a way as to leave the 
                        National Park System unimpaired for future 
                        generations.
  (c) Funding.--In each of fiscal years 2009 through 2018, unobligated 
amounts in the Fund shall be available without further appropriation 
for projects authorized by this Act, but may not be obligated or 
expended until 120 days after the annual submission of the list of 
proposals required under this section to allow for Congressional 
review.
  (d) Limitation on Distribution of Funds.--No more than 30 percent of 
amounts available from the Fund for any fiscal year may be spent on 
projects that are for the construction of facilities that cost in 
excess of $5,000,000.

SEC. 5. PARTNERSHIPS.

  (a) Donations.--The Secretary may actively encourage and facilitate 
participation in proposals from non-Federal and philanthropic partners, 
and may accept donations, both monetary and in-kind for any Project or 
Program pursuant to section 1 of the Act of June 5, 1920 (16 U.S.C. 6), 
and other authorities to accept donations existing on the date of 
enactment of this Act.
  (b) Terms and Conditions.--To the extent that private organizations 
or individuals are to participate in or contribute to any Project or 
Program, the terms and conditions of that participation or contribution 
as well as all actions of employees of the National Park Service, shall 
be governed by National Park Service Directors Order #21, ``Donations 
and Fundraising'', as in force on the date of the enactment of this 
Act.

SEC. 6. MAINTENANCE OF EFFORT.

  Amounts made available from the Fund shall supplement rather than 
replace annual expenditures by the National Park Service, including 
authorized expenditures from the Land and Water Conservation Fund and 
the National Park Service Line Item Construction Program. The National 
Park Service shall maintain adequate, permanent staffing levels and 
permanent staff shall not be replaced with nonpermanent employees hired 
to carry out this Act or Projects or Programs carried out with funds 
provided under this Act.

SEC. 7. REPORTS.

  For each fiscal year beginning in fiscal year 2009, the Secretary 
shall submit to Congress a report that includes the following:
          (1) A detailed accounting of all expenditures from the Fund 
        divided by categories of proposals under section 4(b), 
        including a detailed accounting of any private contributions, 
        either in funds or in kind, to any Project or Program.
          (2) A cumulative summary of the results of the National Park 
        Centennial program including recommendations for revisions to 
        the program.
          (3) A statement of whether the National Park Service has 
        maintained adequate, permanent staffing levels and what 
        nonpermanent and permanent staff have been hired to carry out 
        this Act or Projects or Programs carried out with funds 
        provided under this Act.

SEC. 8. REPEAL OF LAND AND WATER CONSERVATION FUND CONTRACT AUTHORITY.

  (a) In General.--Section 9 of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-10a) is hereby repealed.
  (b) Conforming Amendment.--The Land and Water Conservation Fund Act 
of 1965 is amended by redesignating sections 10 through 13 (16 U.S.C. 
460l-10b through 460l-10e) as sections 9 through 12, respectively.

                          Purpose of the Bill

    The purpose of H.R. 3094 is to establish the National Park 
Centennial Fund, and for other purposes.

                  Background and Need for Legislation

    Congress established Yellowstone as the world's first 
national park in 1872, but it was not until 1916 that a single 
unified federal agency--the National Park Service (NPS)--was 
created to manage the growing list of national parks and 
monuments. The National Park Service, which will celebrate its 
Centennial on August 25, 2016, today manages a network of 391 
natural, cultural, and recreational sites encompassing 84 
million acres and attracting over 270 million visitors each 
year. The National Park Service has an annual budget of $2.3 
billion and employs approximately 20,000 permanent, temporary 
and seasonal employees.
    The President, the Secretary of the Interior, Members of 
Congress, and the public have expressed interest in a major 
initiative to commemorate the NPS Centennial and prepare the 
National Park Service for the next century. Similar enthusiasm 
led to ``Mission 66,'' a major capital improvement program in 
the decade leading up to the 50th anniversary of the National 
Park Service in 1966.
    The National Park Service's budget has remained effectively 
flat in recent years. As a result, the agency has experienced a 
significant erosion of purchasing power as inflation and non-
discretionary, fixed costs such as pay increases, rising 
utility costs, and office rents have not always been fully 
covered by appropriations. The net result has been a loss of 
seasonal staff, reduced hours for some facilities, deferred 
routine maintenance, and an increased reliance on fees and 
donations to supplement federal appropriations.
    The FY 2008 NPS budget request outlined the 
Administration's proposed 3-part approach--called the 
``Centennial Initiative''--to prepare parks for the upcoming 
centennial. The proposed Centennial Initiative included the 
``Centennial Commitment'' of $100 million per year in 
additional appropriated funds ``for activities to achieve new 
levels of excellence in our parks;'' the ``Centennial 
Challenge'' through which the public would be asked to 
contribute at least $100 million annually to support parks; and 
the ``Centennial Match,'' which proposes new mandatory funding 
to match up to $100 million of private donations annually for 
the next ten years.
    H.R. 3094 provides the necessary authorization for the new 
mandatory spending sought by the Administration but it also 
places significant conditions on the expenditure of those 
funds.

                            Committee Action

    H.R. 3094 was introduced on July 19, 2007, by National 
Parks, Forests, and Public Lands Subcommittee Chairman Raul 
Grijalva (D-AZ) and is cosponsored by Natural Resources 
Committee Chairman Rahall (D-WV). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests, and Public Lands.
    On August 2, 2007, the Subcommittee on National Parks, 
Forests and Public Lands held a hearing on the bill, during 
which a representative from the National Park Service testified 
that the Administration was in general support of the goals of 
H.R. 3094, especially the emphasis that it places on diversity 
programs, professional development, and education, which they 
asserted were consistent with agency goals. However, the NPS 
expressed some concerns about the funding mechanisms in H.R. 
3094 and certain other provisions, such as a provision making 
funding available from the Centennial Fund for projects 
regardless of how much, or whether, any non-federal funding has 
been received, as well as funding allocations.
    On May 7, 2008, the Subcommittee was discharged from 
further consideration of H.R. 3094 and the Full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Grijalva offered an amendment in the nature of a 
substitute to H.R. 3094. The substitute reflected the outcome 
of extensive negotiations amongst the sponsors, the Committee's 
minority Members, the Administration, and a coalition of park, 
environmental and business groups regarding provisions in the 
bill. The substitute broadened the program categories within 
which centennial funds can be spent, provided the 
Administration more flexibility in allocating Centennial 
funding, provided a new offset and made other technical 
changes. The substitute lowered the funding authorized by the 
bill from $100,000,000 to $30,000,000 annually.
    Natural Resources Committee Ranking Member Don Young (R-AK) 
offered an amendment to the amendment in the nature of a 
substitute that would open the Arctic National Wildlife Refuge 
to energy production to pay for the Centennial Fund. The 
amendment was not agreed to by a roll call vote of 12 yeas and 
18 nays, as follows:


    National Parks, Forests and Public Lands Subcommittee 
Ranking Member Rob Bishop (R-UT) offered an amendment to the 
amendment in the nature of a substitute (Bishop #3) to strike 
``must'' and insert ``should'' in the section of that bill 
which provides that the list of Centennial projects ``must'' 
contain proposals under each of the Centennial categories. The 
amendment was withdrawn.
    The Grijalva amendment in the nature of a substitute was 
then agreed to by voice vote. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
voice vote.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``National Park Centennial Fund Act,''

Section 2. Definitions

    Section 2 defines the terms in this Act.

Section 3. National Park Centennial Fund

    Section 3 establishes in the U.S. Treasury a fund which 
shall be known as the ``National Park Centennial Fund.'' It 
provides that in each fiscal year from fiscal year 2009 through 
fiscal year 2018, the Secretary of the Treasury shall deposit 
into this Fund, from the general treasury, $30,000,000.

Section 4. Program allocation

    Section 4(a) provides generally that, in each fiscal year, 
the President's annual budget submission for the Department of 
the Interior shall include a list of proposals which shall be 
known as the ``National Park Centennial Proposals.'' It further 
provides that the Secretary shall establish a standard process 
for developing the list that shall encourage input from both 
the public and a broad cross-section of employees at every 
level of the National Park Service.
    Subsection (a) further directs that the list: (1) shall 
include proposals having an aggregate cost to the federal 
government equal to the unobligated amount in the Fund; (2) 
shall include only proposals consistent with National Park 
Service policies and adopted park planning documents; (3) may 
include proposals for any area within the national park system 
(as that term is defined in section 2 of the Act of August 8, 
1953 (16 U.S.C. 1(c)), clusters of areas within such system, a 
region or regions of such system, or such system in its 
entirety; (4) shall cumulatively represent a nationwide array 
of proposals that is diverse geographically, in size, scope, 
magnitude, theme, and variety under the initiatives described 
in subsection (b); (5) shall give priority to proposals 
demonstrating long-term viability beyond receipts from the 
Fund; (6) shall include only proposals meeting the requirements 
of one or more of the initiatives set forth in subsection (b); 
(7) must contain proposals under each of the initiatives set 
forth in subsection (b); and (8) shall give priority to 
proposals with committed, non-federal support but shall also 
include proposals funded entirely by the Fund.
    Section 4(b) details the National Park Centennial 
Initiatives and provides the requirements for each of the 
Initiatives. Subsection 4(a)(6) refers to these requirements 
and directs that Centennial proposals must meet the 
requirements of one or more of the following initiatives:
    Subsection (b)(1) provides that proposals for the 
``Education in Parks Centennial Initiative'' shall meet the 
following requirements: (A) priority shall be given to 
proposals designed to increase National Park-based educational 
opportunities for elementary, secondary and college students, 
particularly those from populations historically under- 
represented among visitors to the National Park System; (B) 
Priority shall be given to proposals designed to bring students 
into the National Park System in person; (C) Proposals should 
include strategies for encouraging young people to become 
lifelong advocates for National Parks; (D) Proposals shall be 
developed in consultation with the leadership of educational 
and youth organizations expected to participate in the proposed 
initiative.
    Subsection (b)(2) details the ``Diversity in Parks 
Centennial Initiative.'' Subparagraph (A) provides that not 
later than one year after the date of the enactment of this 
Act, the Secretary shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a report detailing a 
service-wide strategy for increasing diversity among National 
Park Service employees at all levels and visitors to the 
National Park System. Subparagraph (B) provides that proposals 
for the ``Diversity in Parks Centennial Initiative'' shall meet 
the following requirements: (i) Each proposal shall be based on 
recommendations contained in the report above; and (ii) each 
proposal shall be designed to make the National Park Service, 
visitors to the National Park System, or both, reflect the 
diversity of the population of the United States.
    Subsection (b)(3) provides that proposals for the 
``Supporting Park Professionals Centennial Initiative'' shall 
meet the following requirements: (A) Taken as a whole, 
proposals shall provide specific opportunities for National 
Park Service employees, at all levels, to participate in 
professional career development; (B) Proposals may include 
National Park Service-designed, internal professional 
development programs; (C) Proposals may also be designed to 
facilitate participation in external professional development 
programs or established courses of study by National Park 
Service employees.
    Subsection (b)(4) provides that proposals for the 
``Environmental Leadership Centennial Initiative'' shall meet 
the following requirements: (A) Each proposal shall be designed 
to do one of more of the following: (i) reduce harmful 
emissions; (ii) conserve energy or water resources; (iii) 
reduce solid waste production within the National Park System. 
(B) Each proposal shall include strategies for educating the 
public regarding Environmental Leadership projects and their 
results. (C) Priority shall be given to proposals with the 
potential to spread technological advances to other federal 
agencies or to the private sector.
    Subsection (b)(5) provides that proposals for the ``Natural 
Resource Protection Centennial Initiative'' shall meet the 
following requirements: (A) Each proposal shall be designed to 
restore or conserve native ecosystems within the National Park 
System; (B) Priority shall be given to proposals designed to 
control invasive species; (C) Each proposal shall be based on 
the best available scientific information.
    Subsection (b)(6) provides the requirements for the 
``Cultural Resource Protection Centennial Initiative.'' 
Proposals must: (A) either, (i) increase the National Park 
Service's knowledge of cultural resources located within the 
National Park System through means including, but not limited 
to, surveys, studies, mapping, and documentation of such 
resources, or; (ii) improve the condition of documented 
cultural resources within the National Park System. In carrying 
out the above, proposals must: (B) incorporate the best 
available scientific information; and (C) where appropriate, be 
developed in consultation with Native American tribes, State 
historic preservation offices, or other organizations with 
cultural resource preservation expertise.
    Subsection (b)(7) provides the requirements for the 
``Health and Fitness in the Parks Centennial Initiative.'' 
Proposals for this Initiative, (A) shall fall into one of more 
of the following four categories: (i) Proposals designed to 
repair, rehabilitate, or otherwise improve infrastructure, 
including trails, that facilitates healthy outdoor activity 
within the National Park System; (ii) Proposals designed to 
expand opportunities for access to the National Park System for 
visitors with disabilities; (iii) Proposals to develop and 
implement management plans (such as climbing plans and trail 
system plans) for activities designed to increase the health 
and fitness of visitors to the National Park System. Further, 
under subparagraph (B) all proposals for this Initiative shall: 
(i) be consistent with National Park Service policies and 
adopted park planning documents; and (ii) be designed to 
provide for visitor enjoyment in such a way as to leave the 
National Park System unimpaired for future generations.
    Subsection (c) provides that in each fiscal years 2009 
through 2018, unobligated amounts in the Fund shall be 
available without further appropriation for projects authorized 
by this Act, but may not be obligated or expended until 120 
days after the annual submission of the list of proposals 
required under this section to allow for Congressional review.
    Subsection (d) places a limitation on the distribution of 
funds. No more then 30 percent of amounts available from the 
Fund for any fiscal year may be spent on projects that are for 
the construction of facilities that cost in excess of 
$5,000,000.

Section 5. Partnerships

    Subsection (a) provides for donations. It allows the 
Secretary to actively encourage and facilitate participation in 
proposals by non-federal and philanthropic partners, and to 
accept donations, both monetary and in-kind, for any Project or 
Program pursuant to authorities to accept donations existing on 
the date of enactment of this Act.
    Subsection (b) provides the terms and conditions for 
partnerships. It directs that to the extent private 
organizations or individuals are to participate in, or 
contribute to, any Project or Program, the terms and conditions 
of that participation or contribution, as well as all actions 
of employees of the National Park Service, shall be governed by 
National Park Service Director's Order #21, ``Donations and 
Fundraising,'' as in force on the date of enactment of this 
Act.

Section 6. Maintenance of effort

    This section provides that amounts made available from the 
Fund shall supplement rather then replace annual expenditures 
by the National Park Service, including authorized expenditures 
from the Land and Water Conservation Fund and the National Park 
Service Line Item Construction Program. The National Park 
Service shall maintain adequate, permanent staffing levels and 
permanent staff shall not be replaced with nonpermanent 
employees hired to carry out this Act or Projects or Programs 
carried out with funds provided under this Act.

Section 7. Reports

    This section provides that for each fiscal year beginning 
in FY 2009, the Secretary shall submit to Congress a report 
that includes the following: (1) a detailed accounting of all 
expenditures from the Fund divided by categories of proposals 
under section 4(b), including a detailed accounting of any 
private contributions, either in cash or in-kind, to any 
Project or Program; (2) a cumulative summary of the results of 
the National Park Centennial program including recommendations 
for revision to the program; and (3) a statement of whether the 
National Park Service has maintained adequate, permanent 
staffing levels and what nonpermanent and permanent staff have 
been hired to carry out this Act or Projects or Programs 
carried out with funds provided under this Act.

Section 8. Repeal of Land and Water Conservation Fund contract 
        authority

    Subsection (a) provides a $30,000,000 offset for the 
Centennial Fund by repealing Section 9 of the Land and Water 
Conservation Fund Act of 1965 (U.S.C. 460l-10a).

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3, of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to establish the National Park 
Centennial Fund.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3094--National Park Centennial Fund Act

    Summary: H.R. 3094 would establish the National Park 
Centennial Fund and authorize the Secretary of the Interior to 
spend amounts in the new fund for park initiatives on 
education, diversity, environmental leadership, and other 
themes. The bill would provide $30 million, which would be 
available without further appropriation, for this purpose for 
each of fiscal years 2009 through 2018. Finally, the bill would 
repeal the authority of the Secretary to enter into contracts 
to acquire land using amounts in the Land and Water 
Conservation Fund (LWCF).
    CBO estimates that enacting H.R. 3094 would increase direct 
spending by $260 million over the 2009-2018 period and by $40 
million after 2018. The bill also would reduce contract 
authority, a form of budget authority, by $30 million a year 
beginning in fiscal year 2009; that change would have no effect 
on outlays.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3094 is shown in the following table. 
The effects of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2009    2010    2011    2012    2013    2014    2015    2016    2017    2018   2009-2013  2009-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Spending from the National Park Centennial Fund:
    Budget Authority..............................      30      30      30      30      30      30      30      30      30      30       150        300
    Estimated Outlays.............................       8      16      26      30      30      30      30      30      30      30       110        260
Repeal of LWCF Contract Authority:
    Budget Authority..............................     -30     -30     -30     -30     -30     -30     -30     -30     -30     -30      -150       -300
    Estimated Outlays.............................       0       0       0       0       0       0       0       0       0       0         0          0
Net Change in Direct Spending:
    Budget Authority..............................       0       0       0       0       0       0       0       0       0       0         0          0
    Estimated Outlays.............................       8      16      26      30      30      30      30      30      30      30       110        260
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    Basis of estimate: H.R. 3094 would direct the Secretary of 
the Treasury to deposit $30 million a year over the 2009-2018 
period into a new National Park Centennial Fund. Amounts in the 
fund would be available, without further appropriation, to 
carry out projects at units of the National Park System. The 
projects would focus on themes specified by the bill and could 
involve developing new interpretive programs, constructing new 
facilities, or improving park practices and operations.
    Based on spending patterns for similar park projects, CBO 
estimates that the National Park Service (NPS) would spend $8 
million in 2009 and $260 million over the 2009-2018 period. (An 
additional $40 million would be spent after 2018.)
    Section 8 would repeal the $30 million of contract 
authority provided each year for land acquisition by the Land 
and Water Conservation Fund Act. We estimate that this 
provision would have no effect on direct spending because that 
contract authority is not presently used by the NPS, and CBO 
does not expect that it will be over the 2009-2018 period.
    Intergovernmental and private-sector impact: H.R. 3094 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Deborah Reis; Impact 
on state, local, and tribal governments: Melissa Merrell; 
Impact on the private sector: MarDestinee Perez.
    Estimated approved by: Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 3094 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

              LAND AND WATER CONSERVATION FUND ACT OF 1965




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  [Sec. 9. Not to exceed $30,000,000 of the money authorized to 
be appropriated from the fund by section 3 of this Act may be 
obligated by contract during each of fiscal years 1969 and 1970 
for the acquisition of lands, waters, or interests therein 
within areas specified in section 7(a)(1) of this Act. Any such 
contract may be executed by the head of the department 
concerned, within limitations prescribed by the Secretary of 
the Interior. Any such contract so entered into shall be deemed 
a contractual obligation of the United States and shall be 
liquidated with money appropriated from the fund specifically 
for liquidation of such contract obligation. No contract may be 
entered into for the acquisition of property pursuant to this 
section unless such acquisition is otherwise authorized by 
Federal law.]
  Sec. [10] 9. The Secretary of the Interior may enter into 
contracts for options to acquire lands, waters, or interests 
therein within the exterior boundaries of any area the 
acquisition of which is authorized by law for inclusion in the 
national park system. The minimum period of any such option 
shall be two years, and any sums expended for the purchase 
thereof shall be credited to the purchase price of said area. 
Not to exceed $500,000 of the sum authorized to be appropriated 
from the fund by section 3 of this Act may be expended by the 
Secretary in any one fiscal year for such options.
  Sec. [11] 10. There is hereby repealed the third paragraph 
from the end of the division entitled ``National Park Service'' 
of section 1 of the Act of March 7, 1928 (45 Stat. 238) and the 
second paragraph from the end of the division entitled 
``National Park Service'' of section 1 of the Act of March 4, 
1929 (45 Stat. 1602; 16 U.S.C. 14). Section 4 of the Act 
entitled ``An Act authorizing the construction of certain 
public works on rivers and harbors for flood control, and for 
other purposes'', approved December 24, 1944 (16 U.S.C. 460d), 
as amended by the Flood Control Act of 1962 (76 Stat. 1195) is 
further amended by deleting ``, without charge,'' in the third 
sentence from the end thereof. All other provisions of law that 
prohibit the collection of entrance, admission, or other 
recreation user fees or charge authorized by this Act or that 
restrict the expenditure of funds if such fees or charges are 
collected are hereby also repealed: Provided, That no provision 
of any law or treaty which extends to any person or class of 
persons a right of free access to the shoreline of any 
reservoir or other body of water, or to hunting and fishing 
along or on such shoreline, shall be affected by this repealer.
  Sec. [12] 11. Within one year of the date of enactment of 
this section, the Secretary is authorized and directed to 
submit to the Committees on Interior and Insular Affairs of the 
Senate and House of Representatives a comprehensive review and 
report on the needs, problems, and opportunities associated 
with urban recreation in highly populated regions, including 
the resources potentially available for meeting such needs. The 
report shall include site specific analyses and alternatives, 
in a selection of geographic environments representative of the 
Nation as a whole, including, but not limited to, information 
on needs, local capabilities for action, major site 
opportunities, trends, and a full range of options and 
alternatives as to possible solutions and courses of action 
designed to preserve remaining open space, ameliorate 
recreational deficiency, and enhance recreational opportunity 
for urban populations, together with an analysis of the 
capability of the Federal Government to provide urban-oriented 
environmental education programs (including, but not limited 
to, cultural programs in the arts and crafts) within such 
options. The Secretary shall consult with, and request the 
views of, the affected cities, counties, and States on the 
alternatives and courses of action identified.
  Sec. [13] 12. (a) * * *

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