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EXPLANATION OF THE BILL

This bill will improve the management of the national park system by providing administrative authority found to be necessary as a result of the practical operations of the areas comprising that system. Its provisions have been given intensive study by the Department of the Interior, the Bureau of the Budget, and committees of the Congress. This legislation relates primarily to methods of administration. and any additional cost that may result from its enactment will be nominal.

Section 1 of H. R. 1524 authorizes the performance of certain incidental "housekeeping" functions that are necessary in administering the national park system. These functions relate to emergency rescues, fire fighting, and the cooperative assistance rendered to lawenforcement and fire-prevention agencies; to the erection of fireprotection facilities, water lines, telephone lines, electric lines, and other utilities; to the transportation of employees of Carlsbad Caverns National Park under special circumstances; to the accounting procedures pertaining to the furnishing of utility services to concessionaires, contractors, and permitees; to the sale, operation, maintenance, repair or relocation of Government-owned electric and telephone lines; to the acquisition of rights-of-way within the authorized boundaries of national park system areas; to the operation, repair, maintenance and replacement of motor and other equipment on a reimbursable basis in order to simplify accounting procedures and to provide a practical method of continuing the use of such equipment.

Section 2 of H. R. 1524 contains a definition of the terms "national park system" and "miscellaneous areas." Section 3 contains a provision, recommended initially by the Bureau of the Budget, which would permit the elimination of special reference to the cited 1946 act in future appropriation texts applicable to the national park system.

Occasionally the National Park Service finds it necessary to construct and maintain utility lines and facilities in areas outside of, but adjacent to, areas under its administration in order to provide utility service within the park area and to avail itself of opportunities to effect economies in cost of construction and maintenance. The committee has amended subsection 2 of section 1 to make it clear that this authority may be exercised when necessary to facilitate the furnishing of service only in the areas under the administration of the National Park Service. This subsection does not authorize the furnishing of any utility service to users outside the boundaries of any area administered by the National Park Service.

Subsection 4 of section 1 is required by the National Park Service to simplify accounting procedures concerning the sale of essential utility services. It would authorize the application of receipts derived from the sale of utility services to reimburse appropriations. In some instances, in the case of emergencies, receipts are authorized to be used to reimburse appropriations, pursuant to authority contained in section 4 of the act, approved May 26, 1930 (46 Stat. 382, 16 U. S. C., 1946 edition, sec. 17c). Basic statutory authority is required in order to continue arrangements presently in force and to provide legal authority for future similar agreements. No additional costs will result from this authority. The committee has amended subsection 4

O make clear that it is not intended by this subsection to authorize e National Park Service to provide utility services to users outside he boundaries of areas administered by the National Park Service. H. R. 1524 is an omnibus bill intended to provide basic authority or the performance of certain functions necessary in the administra-on of the National Park Service. No appropriation of funds is quired.

The committee amended the bill in accordance with the recomendations of the Interior Department to be consistent with the efinitions set out in section 2, and to correct typographical errors. The committee also amended the bill by striking out the proviso serted by the House beginning on page 4, line 7, which required pproval of local taxing authorities before park acquisition of land or rights-of-way and adjacent areas. In view of the small amounts f land involved in such acquisitions, the committee felt that this mitation was unnecessary.

The favorable reports of the Interior Department, under date of uly 24, 1953, and the Bureau of the Budget, under date of July 3, 953, are hereinbelow set forth in full and made a part of this report. UNITED STATES DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington 25, D. C., July 24, 1953.

on. HUGH BUTLER,
Chairman, Committee on Interior and Insular Affairs,
United States Senate, Washington 25, D. C.

MY DEAR SENATOR BUTLER: Your committee has requested a report on H. R. 524, an act to facilitate the management of the national park system and miscelaneous areas administered in connection with that system, and for other purposes. We strongly recommend the enactment of H. R. 1524.

This proposed legislation is designed to provide essential "housekeeping authory" that is needed to manage efficiently the national park system. The provisions this bill are limited to those matters that are important in the management of at system, and are founded upon many years of experience in that field. H. R. 524 has been passed by the House of Representatives during the present Congress, ad, in similar form, was passed by the House of Representatives during the evious Congress. Its provisions were originally formulated by this Department. bsequently, the bill has been revised and perfected by the Bureau of the Budget d by the committees that have studied it.

More than 42 million persons visited the national park system last year. It is sential that our administrative authority in this field keep pace with our reonsibilities. We shall be pleased to cooperate with your committee, through e National Park Service, in furnishing any additional information that may be assistance to you in studying this bill. The following brief explanation of the rious items contained in this bill is furnished for the use of your committee in dying this matter. These items prescribe the various activities that would authorized by the statute and the bill contains authority to use applicable propriations for the stated purposes.

Item 1 relates to emergency rescue assistance and emergency assistance to arby law-enforcement and fire-prevention agencies and for related purposes tside of areas of the national park system. Field areas of that system are usted where it occasionally becomes necessary, or very desirable, that field rsonnel render such emergency assistance. This is desirable both from the indpoint of public service and good public relations. The net cost to the deral Government from this provision probably would be negligible as recipal assistance will be rendered in most cases by the local agencies. Item 2 would recognize and provide authority for the erection and maintenance fire-protection facilities, water lines, telephone lines, electric lines, and other lity facilities adjacent to areas of the national park system in order to provide vice in such areas.

Item 3 concerns the transportation of employees of Carlsbad Caverns National rk, N. Mex., and is very essential to that particular area. Because of a housing rtage at the park, the employees now have to travel some 30 miles to and from

the park daily. This is a hardship upon such employees, most of whom are in the lower salary brackets. No public transportation is available. However, as it is necessary in the administration of the park to pick up the mail and freight at Carlsbad, N. Mex., twice a day, any additional cost that will result from this provision will not be great and will be reimbursed by charges made for such transportation. This particular item was given intensive study during the last Congress by your committee. Also, it has been studied and revised by the Committee on Interior and Insular Affairs, House of Representatives, during this Congress. Item 4 would simplify our accounting procedures concerning the furnishing of essential utility services within areas of the national park system. This is necessary to meet the critical utility situation in areas of that system. The tremendous postwar increase in travel to the national parks has created a demand for all types of utility services far in excess of the present capacity of park facilities. This authority would enable us to purchase electric power from commercial sources to augment our present generating capacity, to deliver the current over the park distribution system, and to charge the users for the cost thereof, using the receipts to defray the purchase and distribution costs. The only alternative is for the Government to construct and operate additional generating capacity. This is not econom ically justifiable because of highly seasonal load factors.

Although the situation is especially critical with respect to electric power, the same situation exists, but to a lesser extent, for sanitation services, water service. and communication services. Because of this critical utility situation, we have had to resort to involved accounting procedures in some instances in order to provide essential public utility services. In other cases, receipts from the sale of utilities to park concessionaires are being used on a reimbursable basis (pursuan to authority contained in sec. 4 of the act approved May 26, 1930 (46 Stat. 382. 16 U. S. C., 1946 edition, sec. 17c)), because of the emergency character of the need. However, a continuing need cannot be construed as an emergency indefnitely. Statutory authority is required in order to continue arrangements presently in force and to provide legal authority for future similar agreements. No additional costs will result from this authority.

Item 5 would simplify the rendering of cooperative assistance between the National Park Service and various scientific and historical associations. It would improve our accounting procedures in that connection. This Department for many years has received valuable and uncompensated assistance from various scientific and historical associations in connection with our activities in adminis tering the national park system. Typical of these cooperating organizations are the Yosemite Natural History Association of California, incorporated under the laws of that State, the Yosemite Field School, and the Junior Nature School which are assisted by the association. These associations and organizations require cooperation of the type prescribed by this item. This item will result in ne additional expense to the United States.

Item 6 would provide very desirable authority to contract for the sale, operation. maintenance, repair, or relocation of electric and telephone lines and other fac ties used in the administration of the national park system. We find that, in certain instances, maintenance and other costs can be reduced if this authority is obtained.

Item 7 relates to the acquisition of rights-of-way for road purposes within the authorized boundaries of areas of the national park system. This authority would have limited application because it is intended only to aid road construction within the boundaries of several areas where existing acquisition authority is limited to the acceptance of donations. No appropriations, in addition to the regular land-acquisition funds applicable to the system, will be required for this purpose.

Your attention is invited particularly to the proviso in item 7 which is containe in lines 7, 8, and 9 on page 4 of the bill. This proviso was added during considera tion of item 7 by the House of Representatives. This proviso is undesirable, i our opinion, and should be stricken from the bill. Such a proviso would ma the acquisition of land for very limited purposes within authorized boundarie of the national park system subordinate to the wishes of the local taxing body and would require a resolution thereof. It would create unnecessary and undesir able political controversy relating to the national park system. According we suggest the following amendment to the bill to carry out this recommendation On page 4 insert a period in lieu of the colon in line 7, and strike out the provis which appears in lines 7, 8, and 9.

We understand from your committee staff that a study has been made of iten 7 and that it has been discussed with representatives of the National Park Service

It should be noted particularly that this item relates only to the acquisition of properties for right-of-way and related use within authorized areas of the national park system. It does not permit the extension of park boundaries. Therefore, pursuant to such authority, we would acquire only a very small amount of land within those boundaries heretofore prescribed for areas of the national park system. In these circumstances, the exercise of our authority under the statute would be very limited. We are hopeful that such authority will be acceptable to your

committee.

It is recommended, therefore, that item 7 be left in its present form, except for the elimination of the proviso. However, in the event that your committee should determine that, in addition to the elimination of the proviso, some further limitation should be made in the authority provided by item 7, we have prepared, at the request of the committee, the following amendment:

On page 4, strike out the language in lines 2 through 9, inclusive, and substitute, in lieu thereof, the following: "necessary by the Secretary, to dispose of traffic problems and correct other adverse conditions resulting from construction of the roads provided for herein."

Item 8. The authority requested under this item, for the operation, repair, maintenance, and replacement of motor and other equipment on a reimbursable basis, is comparable to the authority granted to the United States Forest Service by the act of September 21, 1944 (58 Stat. 736; 16 U. S. C., 1946 edition, sec. 580), and is similar to that contained in appropriation acts for the Bureau of Public Roads. This authority will permit the charging of depreciation on equipment against the various projects on the basis of use so that construction and maintenance costs will reflect actual costs, including equipment-depreciation charges, in accordance with standards prescribed by the Bureau of Public Roads.

The national park system and miscellaneous areas administered in connection therewith, as of June 30, 1952, contained 6,315 miles of primary and secondary roads, 7,853 miles of foot and horse trails, 550 miles of completed parkways, and 719 miles of authorized but uncompleted parkways. The requested authority will permit the maintenance and the accumulation of costs on that extensive road and trail system on the same basis as that used by the Forest Service, the Bureau of Public Roads, and the various State highway authorities. We will be able to compare our costs for the various types of road and trail work with those incurred by other agencies engaged in comparable work, thereby furnishing a guide as to the relative efficiency of our operations and providing information required for management purposes.

Section 2 of this proposed legislation contains necessary definitions that we believe are self-explanatory. Section 3 was included initially in the bill at the suggestion of the Bureau of the Budget. This section would permit simplification of the text of future appropriation bills by eliminating any need for specific reference therein to the act of August 7, 1946 (60 Stat. 885).

In order to make the language of the bill fully consistent with the definitions set out in section 2, the following perfecting amendments, which would not change the substantive intent of the bill in any way, are recommended:

At page 2, line 3, strike out the words "aforesaid areas" and insert in lieu thereof the words "national park system and miscellaneous areas".

At page 2, lines 6 and 7, strike out the words "administered by the National Park Service," and insert in lieu thereof the words "of the said national park system and miscellaneous areas,".

At page 2, line 25, and page 3, line 1, strike out the words "areas administered by the National Park Service:" and insert in lieu thereof the words "national park system and miscellaneous areas:".

At page 5, line 1, strike out the word "other" and insert in lieu thereof the word "miscellaneous".

In order to correct typographical errors, the following amendments are ecommended:

At page 2, line 24, strike out the word "service" and insert in lieu thereof the Ford "services".

At page 5, line 11, strike out the word "natural" and insert in lieu thereof the Ford "national".

Finally, it is recommended that at page 1, line 6, after the word "authorized" he comma and the words "notwithstanding any other provisions of law," be leleted. The Bureau of the Budget has pointed out that this phrase appears to be unnecessary and undesirable.

The Bureau of the Budget has advised that there is no objection to the submission of this report to your committee.

Sincerely yours,

Hon. HUGH Butler,

ORME LEWIS,

Assistant Secretary of the Interior.

EXECUTIVE OFFICE OF THE PRESIDENT,

BUREAU OF THE BUDGET, Washington 25, D. C., July 3, 1953.

Chairman, Committee on Interior and Insular Affairs,
United States Senate, Washington 25, D. C.

MY DEAR MR. CHAIRMAN: This will acknowledge your request for the views of this Bureau on H. R. 1524, to facilitate the management of the national park system and miscellaneous areas administered in connection with that system, and for other purposes.

This legislation would authorize a number of activities which are considered necessary to the proper administration of areas under the jurisdiction of the National Park Service. We are informed that any additional costs resulting from enactment of this bill would be nominal and to a large degree offset by the improvement in operations which would follow.

This Bureau concurs in the recommendation of the Department of the Interior that the proviso on page 4 of the bill on lines 7, 8, and 9 be deleted. It is considered that this could result in an undesirable interference by local jurisdictions in the administration of the national parks. It is also recommended that the phrase "notwithstanding any other provisions of law" on line 6 of page 1 of the bill be deleted. This phase appears to be unnecessary and undesirable.

If so amended, this Bureau would favor the enactment of this legislation. Sincerely yours,

ROWLAND HUGHES,

Assistant Director.

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