Federal Land Management Agency Concession Reform Act of 1995

Summary: Federal Land Management Agency Concession Reform Act of 1995 - Provides for a uniform concessions management policy for Federal land management agencies, including provisions regarding:  (1) concession types; (2) public rates and charges; (3) concession transfers; (4) competitive selection; (5) concession fees; (6) private sector capital improvements; (7) creation of a Board of Concession Appeals; and (8) privatization of Forest Service and Bureau of Land Management lands subject to concession leases.

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    (a) Board of Concession Appeals.--
            (1) Establishment.--The President shall establish an 
        independent administrative review board to be known as the 
        Board of Concession Appeals. The Board shall be similar to, and 
        operate in a similar manner as, the Interior Board of Land 
        Appeals.
            (2) Jurisdiction.--The Board shall adjudicate disputes 
        between the Federal Government and concessioners arising under 
        this Act, including (but not limited to) disputes regarding the 
        issuance, revocation, suspension, or termination of a 
        concession authorization, performance and evaluation ratings, 
        sales of concession service agreements, and rate approval. The 
        expiration of a concession authorization shall not be subject 
        to appeal to the Board.
    (b) Administrative Review.--Appeals of decisions may be taken to 
the Board after one level of review of decisions made within an agency.
    (c) Judicial Review.--
            (1) In general.--A person may seek judicial review of 
        decisions made by the Board.
            (2) Concession service agreements.--Judicial review of 
        decisions rendered by the Board regarding concession service 
        agreements shall be to the United States Court of Federal 
        Claims in accordance with section 1491 of title 28, United 
        States Code (commonly referred to as the ``Tucker Act'').
            (3) Concession licenses.--Judicial review of decisions 
        rendered by the Board regarding concession licenses shall be to 
        the appropriate Federal District Court.
    (d) Inapplicability of Certain Provisions.--Disputes arising under 
this Act shall not be subject to the jurisdiction of the General 
Accounting Office to review bid protests under the Competition in 
Contracting Act of 1984.
SEC. 13. BREACH OF CONTRACT BY THE SECRETARY CONCERNED.

    If the Secretary concerned breaches a concession authorization, the 
Secretary shall pay just compensation to the concessioner.

SEC. 14. RECORDKEEPING.

    (a) Maintenance and Access.--Each concessioner shall keep such 
records as the Secretary concerned may prescribe to enable the 
Secretary to determine that all terms of the concession authorization 
have been and are being faithfully performed, and the Secretary and his 
duly authorized representatives shall, for the purpose of audit and 
examination, have access to said records and to other books, documents, 
and papers of the concessioner pertinent to the concession 
authorization and all the terms and conditions thereof.
    (b) Access by Comptroller General.--The Comptroller General of the 
United States or any of his duly authorized representatives shall, 
until the expiration of five calendar years after the close of the 
business year of each concessioner have access to and the right to 
examine any pertinent books, documents, papers, and records of the 
concessioner related to the concession authorization involved.

SEC. 15. PRIVATIZATION OF FOREST SERVICE AND BLM LANDS SUBJECT TO 
              CONCESSION LEASES.

    (a) Authorization To Sell.--
            (1) In general.--Not later than the earlier of five years 
        after the date of the enactment of this Act or the expiration 
        of a lease of qualifying concession lands, the Secretary of 
        Agriculture with respect to National Forest System lands and 
        the Secretary of the Interior with respect to Bureau of Land 
        Management lands may sell such lands to the owners of such 
        facilities. Any such sale shall be at fair market value and, 
        subject to valid existing rights, shall transfer all right, 
        title, and interest of the United States in and to the lands.
            (2) Qualifying concession lands.--For the purposes of 
        subsection (a), lands are qualifying concession lands if such 
        lands are--
                    (A) subject to a lease on the date of the enactment 
                of this Act for private concession facilities with a 
                fair market value greater than $2,000,000; and
                    (B) located either adjacent to the boundary of the 
                Federal lands or adjacent to other significant private 
                inholdings.
    (b) Appraisal.--
            (1) In general.--The appropriate Secretary shall provide 
        for an independent appraisal of the lands and interests therein 
        to be transferred pursuant to subsection (a). The appraiser 
        shall--
                    (A) utilize nationally recognized appraisal 
                standards, including to the extent appropriate the 
                uniform appraisal standards for Federal land 
                acquisition; and
                    (B) not include the value of any improvement placed 
                on the lands by the concessioner.
            (2) Appraisal report.--The appraiser shall submit a 
        detailed report to the Secretary.
            (3) Payments.--The Secretary may accept and use donated 
        funds to pay, in whole or in part, for appraisals under this 
        section.
    (d) Use of Proceeds by the Appropriate Secretary.--The appropriate 
Secretary shall deposit 50 percent of the funds generated through sales 
under this section to the credit of the appropriate agency in the 
agencywide account established under section 10(b). The remaining 50 
percent of such amount shall be deposited in the Treasury as 
miscellaneous receipts.
SEC. 16. APPLICATION OF GENERAL GOVERNMENTAL ACQUISITION REQUIREMENTS.

    The following laws and regulations shall not apply to concession 
service agreements and concession licenses under this Act:
            (1) Title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 251-266).
            (2) The Office of Federal Procurement Policy Act (41 U.S.C. 
        401 et seq.).
            (3) The Federal Acquisition Streamlining Act of 1994 
        (Public Law 103-355).
            (4) The Brooks Automatic Data Processing Act (40 U.S.C. 
        759).
            (5) Chapters 137 and 141 of title 10, United States Code.
            (6) The Federal Acquisition Regulation and any laws not 
        listed in paragraphs (1) through (5) providing authority to 
        promulgate regulations in the Federal Acquisition Regulation.
            (7) The Act of June 20, 1936 (20 U.S.C. 107; commonly 
        referred to as the ``Randolph-Sheppard Act'') and the Service 
        Contract Act of 1965 (41 U.S.C. 351 et seq.).

SEC. 17. RULES OF CONSTRUCTION.

    Concession programs of an agency on Federal lands and waters 
subject to this Act shall be fully consistent with the agency's mission 
and laws applicable to the agency. Nothing in this Act shall be 
construed as limiting or restricting any right, title, or interest of 
the United States in any land or resources.

SEC. 18. REGULATIONS.

    (a) In General.--Within one year after the date of enactment of 
this Act, the Secretary of the Interior, Secretary of Agriculture, and 
Secretary of the Army shall develop a single set of regulations to 
implement this Act.
    (b) Qualifications of Agency Personnel Assigned Concession 
Management Duties.--The Secretary, by regulation under subsection (a) 
and taking into account the provisions of this Act, shall specify the 
minimum qualifications required for agency personnel assigned 
predominantly to concession management duties.-

SEC. 19. RELATIONSHIP TO OTHER EXISTING LAWS.

    (a) Repeals.--
            (1) The Act entitled ``An Act relating to the establishment 
        of concession policies in the areas administered by the 
        National Park Service and for other purposes'' (16 U.S.C. 20-
        20g) is repealed.
            (2) The last paragraph under the heading ``forest service'' 
        in the Act of March 4, 1915 (38 Stat. 1101), as amended by the 
        Act of July 28, 1956 (chap. 771; 70 Stat. 708) (16 U.S.C. 497), 
        is repealed.
            (3) Section 7 of the Act of April 24, 1950 (16 U.S.C. 580d) 
        is repealed.
    (b) Superseded Provisions.--The provisions of this Act shall 
supersede the provisions of--
            (1) the Federal Water Project Recreation Act of 1965 (16 
        U.S.C. 460l-12-21);
            (2) the Federal Land Policy and Management Act of 1976 
        (Oct. 21, 1976);
            (3) the Recreation and Public Purposes Act (43 U.S.C. 869 
        et seq.);
            (4) 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'' (16 U.S.C. 460d);
            (5) sections 103 and 926 of the Water Resources Development 
        Act of 1986 (100 Stat. 4084 and 4197);
            (6) Public Law 87-714 (16 U.S.C. 460k et seq.; commonly 
        known as the ``Refuge Recreation Act''); and
            (7) the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd).
    (c) Savings.--
            (1) In general.--The repeal of any provision, and the 
        superseding of any provision, of an Act referred to in 
        subsection (a) or (b) shall not affect the validity of any 
        authorizations entered into under such Act. The provisions of 
        this Act shall apply to any such authorizations, except to the 
        extent such provisions are inconsistent with the express terms 
        and conditions of such authorizations.
            (2) Right of renewal.--The right of renewal provided for by 
        any concession contract under any such provision shall be 
        preserved for a single renewal of a contract following the 
        enactment of, or concession authorization under, this Act.
            (3) Value of possessory interest.--Nothing in this Act 
        shall be construed to change the value of existing possessory 
        interest as identified in concession contracts entered into 
        before the enactment of this Act.
    (d) ANILCA.--Nothing in this Act shall be construed to amend, 
supersede or otherwise affect any provision of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to 
revenue-producing visitor services.
                                 
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