National Park Service

National Park Service operation of the national park system For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), and for the general administration of the National Park Service, including not to exceed $442,000 for the Roosevelt Campobello International Park Commission and not less than $1,000,000 for high priority projects within the scope of the approved budget which shall be carried out by Youth Conservation Corps as if authorized by the Act of August 13, 1970, as amended by Public Law 93–408, $744,835,000, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), of which not to exceed $52,200,000 to remain available until expended is to be derived from the special fee account established pursuant to title V, section 5201, of Public Law 100–203: Provided, That the National Park Service shall not enter into future concessionaire contracts, including renewals, that do not include a termination for cause clause that provides for possible extinguishment of possessory interests excluding depreciated book value of concessionaire investments without compensation: Provided further, That $85,000 shall be available to assist the town of Harpers Ferry, West Virginia, for police force use: Provided further, That funds appropriated to the National Park Service may be used for the purchase or hire of personnel services without regard to personnel laws as contained in title V of the United States Code, only to provide for the orderly transition from regional finance offices to a central finance office: Provided further, That of the funds provided herein, $250,000 is available for the National Institute for the Conservation of Cultural Property: Provided further, That no funds appropriated by this Act shall be available to remove, obstruct, dewater, fill, or otherwise damage the Brooks River fish ladder in the Katmai National Park, Alaska: Provided further, That where any Federal lands included within the boundary of the Park created by the Act of December 18, 1971 (Public Law 92–207), were legally occupied or utilized on the date of approval of that Act for grazing purposes pursuant to a lease, permit, or license issued or authorized by any department, establish-102 STAT. 1780ment, or agency of the United States, the person or persons so occupying or utilizing such lands and the heirs of such person or persons shall at that time be entitled to renew said leases, permits, or licenses under such terms and conditions as the Secretary of the Interior may prescribe, for the lifetime of the permittee or any direct descendants (sons or daughters) born on or before the enactment of Public Law 92–207 (December 18, 1971). Such grazing activities shall be subject to the following conditions: (a) Grazing will be based on active preference that exists on the date of this Act and no increase in animal unit months will be allowed on Park lands. (b) No physical improvements for stock use will be established on National Park Service lands without the written concurrence of the Park Superintendent. (c) Nothing in this section shall apply to any lease, permit, or license for mining purposes or for public accommodations and services or to any occupancy or utilization of lands for purely temporary purposes. (d) Nothing contained in this Act shall be construed as creating any vested right, title interest, or estate in or to any Federal lands. (e) The provisions of Public Law 97–341 are hereby repealed. (f) Grazing will be managed to encourage the protection of the Park’s natural and cultural resources values. national recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, environmental compliance and review, and grant administration, not otherwise provided for, $14,608,000. historic preservation fund For expenses necessary in carrying out the provisions of the Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C. 470), $30,500,000 to be derived from the Historic Preservation Fund, established by section 108 of that Act, as amended, to remain available for obligation until September 30, 1990: Provided, That the Trust Territory of the Pacific Islands is a State eligible for Historic Preservation Fund matching grant assistance as authorized under 16 U.S.C. 470w(2): Provided further, That pursuant to section 105(1) of the Compact of Free Association, Public Law 99–239, the Federated States of Micronesia and the Republic of the Marshall Islands shall also be considered States for purposes of this appropriation: Provided further, That $1,000,000 of the amount appropriated herein shall remain available until expended in the Bicentennial Light-house Fund, to be distributed on a matching grant basis after consultation among the National Park Service, the National Trust for Historic Preservation, State Historic Preservation Officers from States with resources eligible for financial assistance, and the light-house community. Consultation shall include such matters as a distribution formula, timing of grant awards, a redistribution procedure for grants remaining unobligated longer than two years after the award date, and related implementation policies. The distribution formula for fiscal year 1989 shall include consideration of such factors as— 102 STAT. 1781 (A) the number of lighthouses on or determined to be eligible for listing on the National Register of Historic Places by March 30, 1989; (B) the number of river lights and number of historic river sites on or determined to be eligible for listing on the National Register by March 30, 1989; and (C) the availability of matching contributions in the State: Provided further, That no State shall receive more than 15 per centum of the Bicentennial Lighthouse Fund in any one fiscal year, nor more than 10 per centum of the total appropriations to the Fund in any two fiscal year period: Provided further, That only the light station structure, itself, shall be counted in determining the number of properties in each State eligible to participate in the Fund: Provided further, That the Secretary shall allocate appropriate funds from the Bicentennial Light-house Fund to be transferred, without the matching requirement, for use by Federal agencies, in cooperative agreements with the National Park Service and the State Office of Historic Preservation in which the property is located, for properties otherwise eligible for the National Register but owned by the Federal Government. construction For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451), $159,108,000, to remain available until expended, including $1,450,000 to carry out the provisions of sections 302, 303, and 304 of Public Law 95–290: Provided, That for payment of obligations incurred for continued construction of the Cumberland Gap Tunnel, as authorized by section 160 of Public Law 93–87, $47,000,000 to be derived from the Highway Trust Fund and to remain available until expended to liquidate contract authority provided under section 104(a)(8) of Public Law 95–599, as amended, such contract authority to remain available until expended. land and water conservation fund (rescission) The contract authority provided for fiscal year 1989 by 16 U.S.C. 4601–10a is rescinded. land acquisition and state assistance For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 4601–4–11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the National Park Service, $72,609,000 to be derived from the Land and Water Conservation Fund, to remain available until expended, including $3,300,000 to administer the State Assistance program: Provided, That of the amounts previously appropriated to the Secretary’s contingency fund for grants to States, $357,000 shall be available in 1989 for administrative expenses of the State grant program: Provided further, That $3,000,000 of the funds made available herein shall be available for land acquisition at Congaree Swamp National Monument, South Caro-102 STAT. 1782lina, subject to enactment of authorizing legislation: Provided further, That notwithstanding the provisions of Public Law 95–625, the Secretary may initiate condemnation with the consent of the owner of property, improved or unimproved, within the boundary or at a currently authorized administrative site of the New River Gorge National River, West Virginia. john f. kennedy center for the performing arts For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $5,181,000: Provided, That contracts hereafter awarded for environmental systems, housekeeping, protection systems, and repair or renovation of buildings of the John F. Kennedy Center for the Performing Arts may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. illinois and michigan canal national heritage corridor commission For operation of the Illinois and Michigan Canal National Heritage Corridor Commission, $250,000. american revolution bicentennial administration For expenses necessary to pay awards resulting from claims by licensees against the American Revolution Bicentennial Administration and its successors, $4,765,000: Provided, That payment of awards shall occur no later than 30 days after enactment of this Act.