policeman in this case shall also be entitled to workman's compensation for injuries sustained while on duty.

A final subsection is intended to clarify that nothing in this legislation is to limit or restrict the investigative jurisdiction of any other Federal law enforcement agency, nor to affect the right of any State or local government to exercise civil and criminal jurisdiction within areas of the National Park System.

Paragraph 7 adds a new Section 11 which amends the Historic Preservation Act of 1966 to permit the Secretary to withhold information relating to the location of hostoric sites or objects listed on the National Register from public disclosure. He may withhold this information only when he determines that disclosure of this specific information would create a risk of destruction or harm to these sites or objects.

Paragraph 8 adds a new Section 12 which requires that, not later than January 15 of each year, the Secretary is to transmit a detailed listing of the plans for development activities within units of the system, and consistent with the general management plans which are also required to be prepared by this section, to the Committees on Interior and Insular Affairs. The detailed list is expected to coincide with the budget requests for development which the agency has requested in the appropriate budget cycle. This listing should permit the Committees to comment more effectively on any such requests when preparing the anual March 15 report to the Budget Committees.

This section requires the ongoing preparation of detailed planning documents as is now being performed throughout the National Park System, and the transmittal of such plans when completed, to the Interior Committees. These plans are to include details of any facilities which the Director of the National Park Service finds necessary for various reasons, including any facilities which he may deem appropriate to provide in accordance with the Concessions Policy Act of 1965. The location and estimated cost of all proposed facilities is to be included, as well as the projected need for any additional facilities which may be required.

Subsection (c) provides that all proposed concession leases and contracts involving a gross annual business of $100,000 or more, or for longer than five years, including renewals, are to be submitted to the Interior Committees for a sixty-day review. The Act of July 14, 1956, which had previously provided for congressional review, is repealed. A similar reporting review period is also made applicable to any proposed rules and regulations relating to such contracts and leases.

LEGISLATIVE HISTORY

Certain of the provisions included in H.R. 11887 were discussed during the general oversight hearings of the Subcommittee on National Parks and Recreation which were held near the commencement of both the 93rd and 94th Congresses. The lack of clearly defined, specific law enforcement authority for employees of the National Park Service had been a particular area of concern. H.R. 11887 was introduced as a vehicle to open discussions on a number of these issues.

Hearings were conducted by the Subcommittee on April 8, 1976. The provisions of the bill were discussed in detail at this time with Director Everhardt of the National Park Service, and numerous supporting witnesses from his staff.

Subsequent to the hearings, the Committee received a voluntary report from the General Accounting Office commenting in particular on the uncertain enforcement authority of the National Park Service, and the tenuous position in which this placed many of the agency employees who were performing law enforcement functions. The Committee has noted with interest the case which this report makes for a thorough overhaul of the law enforcement authorities delegated to various Federal land-managing agencies. Several suggestions contained in the report were incorporated into the substitute amendment adopted by the Committee.

Numerous amendments were suggested to the original legislation by the Department of the Interior. Many of these changes were adopted during the Committee deliberations, as well as several adjustments suggested by interested members of the Committee. In particular, the Committee modified the concept of the ceding of legislative jurisdiction by the Secretary as contained in the original legislation to restrict this authority to apply only to a partial cession of jurisdiction. The intent is clear that some form of concurrent jurisdiction is generally to be preferred, including the retention of addition jurisdiction in certain areas where appropriate. While the legislation as reported will not immediately rectify the broad range of legislative jurisdiction now existing, it does offer strong direction to the Secretary to negotiate with the appropriate States as necessary.

H.R. 11887, as reported, is an appropriate amendment of the 1970 Act which it modifies; it represents a further effort by the Congress to assist the Secretary in improving the administration of our National Park System.

COST

H.R. 11887 contains no specific authorizations for appropriations. Operating funds will continue to be controlled by the Committees on Appropriations. Some additional administrative expense can be anticipated from such items as the increase in uniform allowances for employees, and in the limited moving expenses permitted for the dependents of deceased employees. It is anticipated, however, that there may well be savings in operating expenses from other provisions of this measure which will offset any need for additional funding.

BUDGET ACT COMPLIANCE

No specific additional authorizations are made by H.R. 11887. Any effect on the total operating costs of the agency is negligible.

INFLATIONARY IMPACT

No inflationary impact is anticipated by enactment of H.R. 11887.

OVERSIGHT STATEMENT

As has been discussed elsewhere in the report, considerable time was spent in both hearings and in follow-up meetings discussing various aspects of National Park Service operations. The bill itself is a collection of various provisions intended to improve the operating ability of the agency. No recommendations specifically relevant to this

legislation were submitted to the Committee pursuant to Rule X, Clause 2(b) (2).

COMMITTEE AMENDMENT

The Committee adopted a substaitute text for H.R. 11887 which contains the same general provisions, but with numerous detail changes as discussed in the section-by-section analysis of this measure.

COMMITTEE RECOMMENDATION

On September 1, 1977, after adopting the substitute text, the Committee on Interior and Insular Affairs, meeting in open session, reported H.R. 11887 by voice vote and recommends that the bill, as amended, be approved.

DEPARTMENTAL REPORTS

The favorable report of the department of the Interior, dated April 8, 1976, and the supplemental report dated May 3, 1970, are printed in full. Also printed is the communication received from the Comptroller General of the United States, dated July 20, 1976, and the communication received from the Department of Transportation, dated August 12, 1976: U.S. DEPARTMENT OF THE INTERIOR,

Hon. JAMES A. HALEY,

OFFICE OF THE SECRETARY, Washington, D.C., April 8, 1976.

Chairman, Committee on Interior and Insular Affairs, House of Rep resentatives, Washington, D.C.

DEAR MR. CHAIRMAN: This is in response to the request of your Committee for the views of this Department on H.R. 11877, a bill “To amend the Act approved August 18, 1970, providing for improvement in the administration of the National Park System by the Secretary of the Interior and clarifying authorities applicable to the National Park System, and for other purposes.'

We recommend that the bill be enacted, if it is amended as described herein.

The years since the Act of August 25, 1916 (39 Stat. 535), which established the National Park System, have witnessed an increasing national awareness of our heritage which has expanded the nature and quality of resources which the American people need for their edification and enjoyment. At the same time the System has become host to growing numbers of visitors whose daily environment is completely different from that found in national parks. Authorities and concepts of visitor and resource protection and interpretation valid in 1916 are, in certain cases, not responsive to the needs of today. General new administrative authorities for the System were proposed in the 91st Congress, and enacted as Public Law 91-383. H.R. 11887 amends that Act to provide certain additional authorities.

I. BOATING REGULATIONS

Section 1 of the bill would clarify the authority of the Secretary of the Interior to regulate boating and other water-related activities for

the purpose of preserving and protecting the resources of the National Park System. In effect, Congress would be clarifying its intent to invoke its powers under the Commerce Clause of the Constitution to regulate boating and other activities to assist in the administration of the Park System.

The increasing levels of leisure time and income characterizing our society, coupled with the greater mobility of recreation marine equipment, have resulted in a phenomenal increase in recreational boating and other water-related activities that affect the resources of many areas of the National Park System. Unfortunately arrests and warnings for violations of boating regulations in that System also have increased at a tremendous rate, rising 154 percent for the period 1968 through 1973 to 1,927 incidents in the latter year. Annual visitation to the Park System has increased 43 percent, to 216 million persons, over the same period. This is indicative of the difficulty inherent in protecting water sports enthusiasts and other visitors to that System, and preserving the values upon which inclusion of areas therein is based, in the face of the massive increase in water-related activities. The Secretary of the Interior is authorized to issue such regulations .. as he may deem necessary or proper for the use and management..." (39 Stat. 535; 16 U.S.C. 3) and the " . . protection of, and maintenance of good order in ..." the National Park Service areas (475 Stat. 1420; 16 U.S.C. 9a). This regulation of boating and other water-related activity for waters located therein, however, is complicated by the authority residing in the Coast Guard to ". promulgate and enforce regulations for the promotion of safety of life and property on ... waters subject to the jurisdiction of the United States covering all matters not specifically delegated by law to some other executive department ..." (63 Stat. 496; 14 U.S.C. 2). Many waters located within areas of the National Park System are "navigable" and therefore subject to the jurisdiction of the United States and, consequently, the Coast Guard. Enactment of section 1 of the bill would clarify the authority of the Secretary of the Interior to regulate recreational, commercial and other uses of and activities relating to all waters of the National Park System. Such regulations would be promulgated for the purposes of improving administration, providing for the public safety, use and enjoyment and protecting the natural, wildlife, cultural and historical resources. We would, therefore exercise authority concurrent with the Coast Guard in many instances, but could provide for more restrictive regulation consistent with these enumerated purposes when necessary.

We would, however, suggest the following clarifying amendment to this part of section 1 to clearly indicate that the authority contained in this subsection does not diminish the Coast Guard's authority under existing law to regulate boat design and safety.

Delete all of section 1 from page 1, line 7 through page 2, line 2, and insert in lieu thereof the following: "(h) promulgate and enforce regulations concerning boating operations and other activities on or relating to waters located within areas of the National Park System, including waters subject to the jurisdiction of the United States: Prorided, No authority contained in this subsection shall be construed as diminishing the authority of the United States Coast Guard under existing law to promulgate and enforce regulations pertaining to boat design and safety;

II. EMERGENCY MEALS AND LODGING

Section 1 of the bill would also authorize the Secretary of the Interior to provide meals and lodging, financed with funds appropriated for the expenses of the Department of the Interior, for employees of the National Park Service, serving on extended special duty in areas of the National Park System. The need for this authority arises from the fact that such personnel particularly the United States Park Police, are occasionally required to work long and unusual hours during demonstrations, ceremonies, and other events. Often they cannot know in advance that such duty will be necessary and, when it does arise, conditions frequently do not allow them to be relieved long enough to have sufficient time to return to their homes for adequate rest or to purchase meals at places of public accommodation. Enactment of this authority would be consistent with procedures associated with most of the country's large police forces faced with overseeing prolonged events.

We would suggest the following amendment to clarify the bill to make it clear that there is a time limit involved in the use of the term "extended special duty". In instances where there is special duty which is more than just temporary, the per diem and subsistence payment provisions of existing authority would apply. Accordingly, on page 2, line 6, insert "temporarily" between "serving" and "on"."

III. MOVING EXPENSES FOR DEPENDENTS

Section 2 of the bill would expand the existing authority regarding payment of travel expenses for employees, as contained in section 11 of the Act of May 26, 1930. The expanded authority would authorize payment to dependents of travel expenses to permanent homes in cases in which the employee's service is terminated by death while he is assigned government housing in an isolated area, and such housing thereafter must be promptly vacated.

National Park Service personnel are frequently required to relocate for varying lengths of time to isolated areas where residence in assigned government housing is necessary. Upon the death of an employee, quarters must often be vacated immediately, thus working an extreme hardship on his family. The necessity for moving comes at a time when the family is under a severe financial and emotional strain; normal earnings have been terminated and processing of survivor benefits applications frequently requires an extended period of time. Payment of dependent's travel expenses in such situations is a reasonable and appropriate extension of the travel benefits currently provided in section 11, and is consistent with travel benefits applicable to field employees of the Department of State.

We recommend, however, that this provision not be limited to Government quarters in "isolated areas". The need for this benefit is just as great for dependents located in metropolitan areas who must promptly vacate their quarters and move to a permanent home. We recommend that on page 2, lines 22 and 23, "in isolated areas," be deleted.

The bill gives the Secretary the authority to prescribe by regulation the conditions under which the relocation expenses will be paid. We