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[Senate Report 113-301]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 641
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-301

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             NATIONAL PARK SYSTEM DONOR ACKNOWLEDGMENT ACT

                                _______
                                

               December 10, 2014.--Ordered to be printed

                                _______
                                

   Ms. Landrieu, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2873]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2873) to authorize the Secretary of the 
Interior to acknowledge contributions at units of the National 
Park System, having considered the same, reports favorably 
thereon with an amendment and recommends 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 System Donor 
Acknowledgment Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Donor acknowledgment.--The term ``donor acknowledgment'' 
        means an appropriate statement or credit acknowledging a 
        donation.
          (2) National park system.--The term ``National Park System'' 
        includes each program and individual unit of the National Park 
        System.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. DONOR ACKNOWLEDGMENTS IN UNITS OF NATIONAL PARK SYSTEM.

  (a) In General.--The Secretary may authorize a donor acknowledgment 
to recognize a donation to--
          (1) the National Park Service; or
          (2) the National Park System.
  (b) Restrictions.--A donor acknowledgment shall not be used to state 
or imply--
          (1) recognition of the donor or any product or service of the 
        donor as an official sponsor, or any similar form of 
        recognition, of the National Park Service or the National Park 
        System;
          (2) a National Park Service endorsement of the donor or any 
        product or service of the donor; or
          (3) naming rights to any unit of the National Park System or 
        a National Park System facility, including a visitor center.
  (c) Requirements.--
          (1) Display.--A donor acknowledgment shall be displayed--
                  (A) in a manner that is approved by the Secretary; 
                and
                  (B) for a period of time, as determined by the 
                Secretary, that is commensurate with the amount of the 
                contribution and the life of the structure.
          (2) Guidelines.--The Secretary shall establish donor 
        acknowledgment guidelines that take into account the unique 
        requirements of individual units and programs of the National 
        Park System.
          (3) Use of slogans prohibited.--A donor acknowledgment shall 
        not permit the use of--
                  (A) an advertising slogan; or
                  (B) a statement or credit promoting or opposing a 
                political candidate or issue.
  (d) Placement.--
          (1) Visitor and administrative facilities.--A donor 
        acknowledgment may be located on or inside a visitor center or 
        administrative facility of the National Park System (including 
        in a specific room or section) or any other appropriate 
        location, such as on a donor recognition wall or plaque.
          (2) Outside.--A donor acknowledgment may be located in an 
        area outside of a visitor or administrative facility described 
        in paragraph (1), including a bench, brick, pathway, area of 
        landscaping, or plaza.
          (3) Projects.--A donor acknowledgment may be located near a 
        park construction or restoration project, if the donation 
        directly relates to the project.
          (4) Vehicles.--A donor acknowledgment may be placed on a 
        National Park Service vehicle, if the donation directly relates 
        to the vehicle.
          (5) Limitation.--Any donor acknowledgment associated with a 
        historic structure or placed outside a park restoration 
        project--
                  (A) shall be freestanding; and
                  (B) shall not obstruct a natural or historical site 
                or view.
  (e) Printed, Digital, and Media Platforms.--The Secretary may 
authorize the use of donor acknowledgments under this section to 
include donor acknowledgments on printed, digital, and media platforms, 
including brochures or Internet websites relating to a specific unit of 
the National Park System.

SEC. 4. COMMEMORATIVE WORKS ACT AMENDMENTS.

  Section 8905 of title 40, United States Code, is amended--
          (1) in subsection (b), by striking paragraph (7); and
          (2) by adding at the end the following:
  ``(c) Donor Contributions.--
          ``(1) Acknowledgment of donor contribution.--Except as 
        otherwise provided in this subsection, the Secretary of the 
        Interior or Administrator of General Services, as applicable, 
        may permit a sponsor to acknowledge donor contributions at the 
        commemorative work.
          ``(2) Requirements.--An acknowledgment under paragraph (1) 
        shall--
                  ``(A) be displayed--
                          ``(i) inside an ancillary structure 
                        associated with the commemorative work; or
                          ``(ii) as part of a manmade landscape feature 
                        at the commemorative work; and
                  ``(B) conform to applicable National Park Service or 
                General Services Administration guidelines for donor 
                recognition, as applicable.
          ``(3) Limitations.--An acknowledgment under paragraph (1) 
        shall--
                  ``(A) be limited to an appropriate statement or 
                credit recognizing the contribution;
                  ``(B) be displayed in a form in accordance with 
                National Park Service and General Services 
                Administration guidelines;
                  ``(C) be displayed for a period of up to 10 years, 
                with the display period to be commensurate with the 
                level of the contribution, as determined in accordance 
                with the plan and guidelines described in subparagraph 
                (B);
                  ``(D) be freestanding; and
                  ``(E) not be affixed to--
                          ``(i) any landscape feature at the 
                        commemorative work; or
                          ``(ii) any object in a museum collection.
          ``(4) Cost.--The sponsor shall bear all expenses related to 
        the display of donor acknowledgments under paragraph (1).
          ``(5) Applicability.--This subsection shall apply to any 
        commemorative work dedicated after January 1, 2010.''.

SEC. 5. EFFECT OF ACT.

  Nothing in this Act or an amendment made by this Act--
          (1) requires the Secretary to accept a donation; or
          (2) modifies section 145 of Public Law 108-108 (16 U.S.C. 1a-
        1 note; 117 Stat. 1280).

                                Purpose

    The purpose of S. 2873 is to authorize the Secretary of the 
Interior to acknowledge contributions at units of the National 
Park System.

                          Background and Need

    The National Park Service (NPS) consists of 401 units 
throughout the United States. In addition to appropriated 
funds, National Park managers rely upon donations to help 
accomplish the preservation and education mission of the NPS. 
Traditionally, NPS policy has been restrictive on 
acknowledgments of donors in an attempt to avoid 
commercialization of the National Park System. Recognizing the 
importance of donor recognition, the National Park Service is 
clarifying its policy to include more apparent recognition of 
these donors.
    Legislation is needed to authorize the Secretary of the 
Interior to provide appropriate recognition for donations to 
the National Park Service or the National Park System.

                          Legislative History

    S. 2873 was introduced by Senators Coburn, Enzi and Warner 
on September 18, 2014.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 13, 2014, by a voice vote of 
a quorum present, recommends that the Senate pass S. 2873, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 398, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
changes the definition of donor acknowledgment. The amendment 
also provides more specific guidance about intent for 
protecting the National Park System from endorsement or 
commercialization. It also provides clarification on how donor 
recognition should be handled at commemorative works. The 
committee amendment is explained in detail in the section-by-
section analysis below.

                      Section-by-Section Analysis

    Section 1 provides the short title, the ``National Park 
System Donor Acknowledgment Act.''
    Section 2 contains definitions of the terms ``Donor 
Acknowledgment'', ``National Park System'', and ``Secretary''.
    Section 3 authorizes the Secretary of the Interior to 
recognize a donation to the National Park Service or National 
Park System.
    Subsection (b) contains the prohibition of donor 
acknowledgment recognizing a donor, or any product or service 
of the donor, as an official sponsor of the National Park 
Service or the National Park System. Additionally, donor 
recognition should not imply National Park Service endorsement, 
nor allow for naming rights to a unity of the National Park 
System or a facility.
    Subsection (c) provides requirement on how donor 
acknowledgment can be displayed. It requires the Secretary to 
develop guidelines for donor acknowledgment. Use of advertising 
slogans, or political statements are prohibited.
    Subsection (d) provides guidance of placement of donor 
acknowledgment.
    Subsection (e) allows the Secretary to use donor 
recognition on printed, digital, and media platforms.
    Section 4 amends the Commemorative Works Act to allow the 
Secretary to acknowledge donations at Commemorative Works.
    Section 5 articulates that the Secretary is not required to 
accept a donation. Additionally, it clarifies that this act 
does not modify law governing use of the National Mall in 
Washington, DC.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2873.
    The Act is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 2873, as ordered reported.

                   Congressionally Directed Spending

    S. 2873, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        Executive Communications

    The Committee did not request Administration views on S. 
2873.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
bill S. 2873, as ordered reported are shown as follow (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):

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

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Subtitle II--Public Buildings and Works

           *       *       *       *       *       *       *

    PART D--PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF 
COLUMBIA

           *       *       *       *       *       *       *

CHAPTER 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS

           *       *       *       *       *       *       *

Sec. 8905. Site and design approval

           *       *       *       *       *       *       *

    (b) Decision Criteria.--In considering site and design 
proposals, the Commission of Fine Arts, National Capital 
Planning Commission, and the Secretary or Administrator (as 
appropriate) shall be guided by, but not limited by, the 
following criteria:
          (1) Surroundings.--To the maximum extent possible, a 
        commemorative work shall be located in surroundings 
        that are relevant to the subject of the work.
          (2) Location.--A commemorative work shall be located 
        so that--
                  (A) it does not interfere with, or encroach 
                on, an existing commemorative work; and
                  (B) to the maximum extent practicable, it 
                protects open space, existing public use, and 
                cultural and natural resources.
          (3) Material.--A commemorative work shall be 
        constructed of durable material suitable to the outdoor 
        environment.
          (4) Landscape features.--Landscape features of 
        commemorative works shall be compatible with the 
        climate.
          (5) Museums.--No commemorative work primarily 
        designed as a museum may be located on lands under the 
        jurisdiction of the Secretary in Area I or in East 
        Potomac Park as depicted on the map referenced in 
        section 8902(2).\1\
          (6) Site-specific guidelines.--The National Capital 
        Planning Commission and the Commission of Fine Arts may 
        develop such criteria or guidelines specific to each 
        site that are mutually agreed upon to ensure that the 
        design of the commemorative work carries out the 
        purposes of this chapter.
          [(7) Donor contributions.--Donor contributions to 
        commemorative works shall not be acknowledged in any 
        manner as part of the commemorative work or its site.]
      (c) Donor Contributions.--
          (1) Acknowledgment of donor contribution.--Except as 
        otherwise provided in this subsection, the Secretary of 
        the Interior or Administrator of General Services, as 
        applicable, may permit a sponsor to acknowledge donor 
        contributions at the commemorative work
          (2) Requirements.--An acknowledgment under paragraph 
        (1) shall--
                  (A) be displayed--
                          (i) inside an ancillary structure 
                        associated with the commemorative work; 
                        or
                          (ii) as part of a manmade landscape 
                        feature at the commemorative work; and
                  (B) conform to applicable National Park 
                Service or General Services Administration 
                guidelines for donor recognition, as 
                applicable.
          (3) Limitations.--An acknowledgment under paragraph 
        (1) shall--
                  (A) be limited to an appropriate statement or 
                credit recognizing the contribution;
                  (B) be displayed in a form in accordance with 
                National Park Service and General Services 
                Administration guidelines;
                  (C) be displayed for a period of up to 10 
                years, with the display period to be 
                commensurate with the level of the 
                contribution, as determined in accordance with 
                the plan and guidelines described in 
                subparagraph (B);
                  (D) be freestanding; and
                  (E) not be affixed to--
                          (i) any landscape feature at the 
                        commemorative work; or
                          (ii) any object in a museum 
                        collection.
          (4) Cost.--The sponsor shall bear all expenses 
        related to the display of donor acknowledgments under 
        paragraph (1).
          (5) Applicability.--This subsection shall apply to 
        any commemorative work dedicated after January 1, 2010.

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