I

104TH CONGRESS

1ST SESSION H. R. 2028

To provide for a uniform concessions policy for the Federal land management

agencies, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 1995

Mr. HANSEN (for himself and Mr. DUNCAN) introduced the following bill;

which was referred to the Committee on Resources, and in addition to

the Committees on Agriculture and Transportation and Infrastructure,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To provide for a uniform concessions policy for the Federal

land management agencies, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Land Manage5 ment Agency Concession Reform Act of 1995’’.

6 SEC. 2. PURPOSE.

7 The purpose of this Act is to provide a uniform policy

8 for management of concessions by Federal land manage-
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1 ment agencies (Forest Service, United States Fish and

2 Wildlife Service, National Park Service, Bureau of Land

3 Management, Bureau of Reclamation and Corps of Engi4 neers) which—

5 (1) recognizes the importance of a public-pri6 vate partnership in providing a quality visitor experi7 ence on Federal lands; and

8 (2) utilizes the competitive process to ensure

9 reasonable prices and quality services for the public,

10 a fair return for the Federal Government, and a rea11 sonable opportunity for the economic viability of the

12 concessioner.

13 SEC. 3. DEFINITIONS.

14 For the purposes of this Act:

15 (1) The term ‘‘Secretary concerned’’ means—

16 (A) the Secretary of the Interior with re17 spect to the United States Fish and Wildlife

18 Service, National Park Service, Bureau of Land

19 Management, and Bureau of Reclamation;

20 (B) the Secretary of Agriculture with re21 spect to the Forest Service; and

22 (C) the Secretary of the Army with respect

23 to the United States Army Corps of Engineers.

24 (2) The term ‘‘concession’’ means a commercial

25 business which provides visitor services, facilities, or
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1 activities on Federal lands or waters pursuant to a

2 concession services agreement or concession license.

3 (3) The term ‘‘concession service agreement’’

4 means a formal written agreement between the

5 agency head and the concessioner which sets forth

6 the terms and conditions under which the conces7 sioner is to provide visitor services, facilities or ac8 tivities as well as the rights and obligations of the

9 Federal Government.

10 (4) The term ‘‘concession license’’ means a

11 written agreement between the agency head and the

12 concessioner to provide recreation services or activi13 ties on a limited basis.

14 (5) The term ‘‘Board’’ means the Board of

15 Concession Appeals established by section 12.

16 (6) The term ‘‘substantial capital investment’’

17 means a required investment either for new fixed fa18 cilities or acquisition of existing capital improve19 ments greater than 10 percent of the estimated

20 gross receipts over the life of a concession service

21 agreement.

22 (7) The term ‘‘renewal incentive’’ means a cred23 it based on past performance toward the score

24 awarded by the Secretary to a concessioner’s pro-
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1 posal submitted in response to a solicitation for the

2 renewal of such contract.

3 SEC. 4. NATURE AND TYPES OF CONCESSION AUTHORIZA4 TIONS.

5 (a) TYPES.—The Secretary concerned may enter into

6 concessions authorizations, as follows:

7 (1) CONCESSION SERVICES AGREEMENT.—A

8 concession service agreement shall be entered into

9 for all concessions where the Secretary concerned

10 makes a finding that the provision of concession

11 services is in the interest of the Federal Government

12 and issues a competitive offering for concession serv13 ices, facilities or activities. Concession service agree14 ments may require substantial capital investments.

15 (2) CONCESSION LICENSE.—A concession li16 cense may be entered into for those activities which

17 are infrequent (including one-time events), for which

18 the Secretary concerned determines there exists no

19 need to limit the number of concessioners, or for

20 which the Secretary concerned makes a finding of no

21 competitive interest.

22 (3) LANDS UNDER MULTIPLE JURISDIC23 TIONS.—The Secretaries of the Departments con24 cerned shall designate an agency to be the lead

25 agency concerning concessions which conduct a sin-
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1 gle operation on lands or waters under the jurisdic2 tion of more than one agency. The agency so des3 ignated shall issue a single authorization under

4 paragraphs (1) and (2) for such operation.

5 (b) TERM.—

6 (1) IN GENERAL.—The term of concession serv7 ice agreements which require substantial capital in8 vestment shall be 10 years, except that the Secretary

9 concerned may agree to a longer term if the Sec10 retary determines (in his discretion) that such longer

11 term is in the public interest or necessary due to the

12 extent of investment required. The term for a con13 cession license may not exceed three years.

14 (2) TEMPORARY EXTENSION.—The Secretary

15 may agree to temporary extensions of concession

16 service agreements for up to two years on a non17 competitive basis to avoid interruption of services to

18 the public.

19 (3) ESSENTIALLY IDENTICAL SERVICES IN A

20 SPECIFIC GEOGRAPHIC AREA.—Where the Secretary

21 concerned offers authorizations for more than one

22 river runner, outfitter, or guide concession operation

23 to provide essentially identical services in a defined

24 geographic area, the duration and expiration of con25 cession authorizations shall be identical.
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1 SEC. 5. RATES AND CHARGES TO THE PUBLIC.

2 In general, rates and charges to the public shall be

3 set by the concessioner. For concession service agreements

4 only, a concessioner’s rates and charges to the public shall

5 be subject to the approval of the Secretary concerned in

6 those instances where the Secretary determines that suffi7 cient competition for such facilities and services does not

8 exist within or in close proximity to the area in which the

9 concessioner operates. Such determination shall be based

10 on criteria which shall be specified in the regulations is11 sued pursuant to section 18. In those instances, the con12 cession service agreement shall state that the reasonable13 ness of the concessioner’s rates and charges to the public

14 shall be reviewed and approved by the Secretary concerned

15 primarily by comparison with those rates and charges for

16 facilities and services of comparable character under simi17 lar conditions, with due consideration for length of season,

18 seasonal variations, average percentage of occupancy, ac19 cessibility, availability and costs of labor and materials,

20 type of patronage, and other factors deemed significant

21 by the Secretary concerned.

22 SEC. 6. SALE OR OTHER TRANSFER OF CONCESSION AU23 THORIZATIONS.

24 (a) CONCESSION SERVICE AGREEMENTS.—

25 (1) APPROVAL REQUIRED.—A concession serv26 ice agreement is transferable or assignable only upon
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1 the approval of the Secretary concerned. The Sec2 retary may not approve any such transfer or assign3 ment if the Secretary determines that the prospec4 tive concessioner is or is likely to be unable to com5 pletely satisfy all of the requirements, terms, and

6 conditions of the contract or that the terms of the

7 transfer or assignment would preclude providing ap8 propriate facilities or services to the public at rea9 sonable rates.

10 (2) CONSIDERATION PERIOD.—If the Secretary

11 fails to approve or disapprove a transfer or assign12 ment under paragraph (1) within 90 days after the

13 date on which the Secretary receives a request for

14 such an approval, the transfer or assignment shall

15 be deemed approved.

16 (3) NO MODIFICATION OF TERMS AND CONDI17 TIONS.—The terms and conditions of the concessions

18 service agreement shall not be subject to modifica19 tion at the time of any transfer or assignment under

20 this section.

21 (b) CONCESSION LICENSE.—A concession license

22 may not be transferred.
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1 SEC. 7. COMPETITIVE SELECTION PROCESS FOR CONCES2 SION SERVICE AGREEMENTS.

3 (a) AWARD TO BEST APPLICATION.—The Secretary

4 shall enter into, and renew, a concession service agreement

5 with the person whom the Secretary determines in accord6 ance with this section submits the best application through

7 a competitive process as defined in this section.

8 (b) PROSPECTUS AND ANNOUNCEMENT.—The Sec9 retary concerned shall prepare a prospectus which de10 scribes the concession service opportunity and shall pub11 lish, in appropriate locations, announcements of the avail12 ability of the prospectus and the concession service oppor13 tunity. The announcement shall include (but need not be

14 limited to) the following:

15 (1) A description of the services and facilities to

16 be provided.

17 (2) The level of capital investment required (if

18 any).

19 (3) Terms and conditions of the concession

20 service agreement.

21 (4) Facilities and services to be provided by the

22 Secretary to the concessioner.

23 (5) Minimum public services to be offered by

24 the Secretary.

25 (6) The minimum fees to the United States.
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1 (c) FACTORS AND MINIMUM STANDARDS IN DETER2 MINING BEST APPLICATION.—In determining the best ap3 plication, the Secretary concerned shall take into consider4 ation (but shall not be limited to) the following, including

5 whether the application meets the minimum requirements

6 (if any) of the Secretary for each of the following:

7 (1) Responsiveness to the prospectus.

8 (2) Quality of visitor services based on the na9 ture of equipment and facilities to be provided.

10 (3) Experience and performance in providing

11 similar services at reasonable rates.

12 (4) Record of resource protection (as appro13 priate).

14 (5) Financial capability of the applicant.

15 (6) Fees to the United States.

16 (d) SELECTION PROCESS.—

17 (1) BASIS.—The process for selecting the best

18 applicant shall consist of the following:

19 (A) First, the Secretary concerned shall

20 identify those applicants who meet the mini21 mum standards (if any) for the factors identi22 fied under subsection (c).

23 (B) Second, from the applicants selected

24 under subparagraph (A), the Secretary con25 cerned shall rank the applicants without any
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1 consideration of fees to the United States and

2 determine the best qualified applicants.

3 (C) Third, after the best qualified appli4 cants have been identified, the Secretary con5 cerned shall consider fees to the United States.

6 (2) RENEWAL INCENTIVE.—In evaluating appli7 cations for the reissuance of a concession services

8 agreement, a concessioner is entitled to a renewal in9 centive of—

10 (A) 20 percent of the maximum points

11 available under such evaluations for perform12 ance which exceeds concession service agree13 ment requirements, as specified in section

14 8(a)(2)(A), over the life of the previous agree15 ment and shall be considered to be one of the

16 best-qualified applicants; and

17 (B) 5 percent of the maximum points

18 available under such evaluations for perform19 ance which fully meets concession service agree20 ments, as specified in section 8(a)(2)(B), over

21 the life of the previous agreement.

22 (e) INAPPLICABILITY OF NEPA TO TEMPORARY EX23 TENSIONS AND SIMILAR RENEWALS OF CONCESSIONS

24 AGREEMENTS.—The temporary extension of a concession

25 authorization, or renewal of a concession authorization
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1 which is similar to a previous authorization, is not subject

2 to the National Environmental Policy Act of 1969 (42

3 U.S.C. 4331 et seq.).

4 (f) PROVISION FOR ADDITIONAL RELATED SERV5 ICES.—The Secretary concerned may modify the conces6 sion service agreement to allow concessioners to provide

7 services closely related to such agreement, if the Secretary

8 concerned determines that such changes would enhance

9 the safety or enjoyment of visitors and would not unduly

10 restrict the award of future concession service agreements.

11 SEC. 8. CONCESSIONER EVALUATIONS.

12 (a) IN GENERAL.—The Secretary concerned, in con13 sultation with concession industry representatives, shall

14 develop a program of evaluations of the concessioners op15 erating under a concession service agreement who are pro16 viding visitor services in areas under the jurisdiction of

17 the Secretary. The evaluations shall be on both an annual

18 basis as well as cumulative over the duration of the conces19 sion service agreement. The evaluation program shall—

20 (1) include four program areas of quality of vis21 itor services; resource protection (as applicable); fi22 nancial performance; and compliance with concession

23 service agreement provisions and pertinent laws and

24 regulations;

25 (2) define four levels of performance—
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1 (A) exceeds concession service agreement

2 requirements;

3 (B) fully meets concession service agree4 ment requirements;

5 (C) probationary; and

6 (D) unsatisfactory; and

7 (3) be based on criteria which—

8 (A) are objective, measurable, and attain9 able; and

10 (B) shall include general standards appli11 cable to all concession operations, industry-spe12 cific standards, and standards developed by the

13 Secretary concerned and the concessioner for

14 each concession service agreement.

15 (b) ANNUAL EVALUATIONS.—

16 (1) REQUIREMENTS.—The Secretary concerned

17 shall annually conduct an evaluation of each conces18 sioner and shall assign an overall rating for each

19 concessioner for each year. The procedure for any

20 performance evaluation shall be provided in advance

21 to the concessioner, and the concessioner shall be en22 titled to a complete explanation of any rating given.

23 If the Secretary’s performance evaluation for any

24 year results in an unsatisfactory rating of the con25 cessioner, the Secretary concerned shall so notify the
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1 concessioner, in writing, and shall provide the con2 cessioner with a list of the minimum requirements

3 necessary to receive a rating which fully meets con4 cession service agreement requirements.

5 (2) SUSPENSION, REVOCATION, AND TERMI6 NATION OF AUTHORIZATION.—The Secretary con7 cerned may suspend, revoke, or terminate a conces8 sion authorization if the concessioner fails to correct

9 and meet the minimum requirements identified by

10 the Secretary within the limitations established by

11 the Secretary at the time notice of the unsatisfactory

12 rating is provided to the concessioner.

13 (c) EFFECT OF UNSATISFACTORY RATING.—Any

14 concessioner who receives an annual rating of unsatisfac15 tory may not be rated as exceeding concession service

16 agreement requirements over the life of the concession

17 service agreement.

18 SEC. 9. FEES CHARGED BY UNITED STATES FOR CONCES19 SION AUTHORIZATIONS.

20 (a) IN GENERAL.—The Secretary concerned shall

21 charge a fee for the privilege of providing concession serv22 ices pursuant to this Act. The fee for any concession serv23 ice agreement may include any of the following:

24 (1) An annual cash payment for the privilege of

25 providing concession services.
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1 (2) The amount required for capital improve2 ments required pursuant to section 11(a).

3 (3) Fees for use of Government facilities.

4 (4) Expenditures for maintenance of or im5 provements to Government-owned facilities.

6 (b) ESTABLISHMENT OF AMOUNT.—

7 (1) MINIMUM ACCEPTABLE FEE.—The Sec8 retary concerned shall establish a minimum fee

9 which is acceptable to the Secretary under this sec10 tion and shall include the minimum fee in the pro11 spectus under section 7. This fee shall be based on

12 historical data, where available, as well as industry13 specific and other market data available to the Sec14 retary concerned.

15 (2) FINAL FEE.—Except as provided by para16 graph (3), the final fee shall be the amount bid by

17 the selected applicant under section 7.

18 (3) ESSENTIALLY IDENTICAL SERVICES IN A

19 SPECIFIC GEOGRAPHIC AREA.—Where the Secretary

20 concerned simultaneously offers authorizations for

21 more than one river runner, outfitter, or guide con22 cession operation to provide essentially identical

23 services in a defined geographic area, the concession

24 fee for all such concessioners shall be determined by
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1 taking an average of the bids submitted by all se2 lected applicants.

3 (c) ADJUSTMENT OF FEES.—

4 (1) IN GENERAL.—The amount of the fee shall

5 be set at the beginning of the concession authoriza6 tion and may only be modified—

7 (A) on the basis of inflation, if the annual

8 payment is not determined by a percentage of

9 gross revenue (as measured by changes in the

10 consumer price index), to reflect changed or

11 unmet conditions identified in the prospectus,

12 or in the event of an unforeseen disaster; and

13 (B) by mutual agreement between the Sec14 retary concerned and the concessioner at any

15 time.

16 (2) CPI.—For the purposes of adjustments for

17 inflation under paragraph (1), the Federal agencies

18 shall select a consumer price index published by the

19 Bureau of Labor Statistics and shall use such index

20 in a consistent manner.

21 (d) CONCESSION LICENSE FEE.—The fee for a con22 cession license shall cover the program administrative

23 costs and may not be changed over the life of the license.
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1 SEC. 10. DISPOSITION OF FEES.

2 (a) ESTABLISHMENT OF ACCOUNTS.—The Secretary

3 concerned, in consultation with the Secretary of the Treas4 ury, shall establish a special account in the Treasury for

5 each area subject to a concession authorization under this

6 Act and shall establish an agencywide special account in

7 the Treasury for each of the land management agencies

8 identified in section 2. All amounts deposited into such

9 special accounts shall be available without further appro10 priation until expended for use by the Secretary con11 cerned.

12 (b) AVAILABILITY OF FUNDS.—Seventy-five percent

13 of the amounts collected under this Act with respect to

14 an area shall be deposited in the special account estab15 lished for such area under subsection (a) and shall remain

16 available for expenditure for visitor services and facilities.

17 The remaining 25 percent of such amounts shall be placed

18 in the special account established for the agency concerned

19 under subsection (a) and shall be available for expenditure

20 for such services and facilities for use on an agencywide

21 basis.

22 (c) INVESTMENT OF ACCOUNTS.—The Secretary of

23 the Treasury shall invest such portion of amounts in each

24 account established under this section as is not in the

25 judgment of the Secretary concerned required to meet cur26 rent withdrawals. Such investments shall be in public debt
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1 securities with maturities suitable to the needs of each

2 such account, as determined by the Secretary concerned,

3 and bearing interest at rates determined by the Secretary

4 of the Treasury, taking into consideration current market

5 yields on outstanding marketable obligations of the United

6 States of comparable maturities. The income on invest7 ments from an account shall be credited to and form a

8 part of the account.

9 (d) EXEMPTION OF FEES.—Amounts collected under

10 this section and amounts received from the sale of lands

11 under section 14 shall not be taken into account for the

12 purposes of the Act of May 23, 1908, and the Act of

13 March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913

14 (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C.

15 1012), the Act of August 8, 1937, and the Act of May

16 24, 1939 (43 U.S.C. 1181f et seq.), the Act of June 14,

17 1926 (43 U.S.C. 869–4), chapter 69 of title 31, United

18 States Code, section 401 of the Act of June 15, 1935 (16

19 U.S.C. 715s), the Land and Water Conservation Fund Act

20 of 1965 (16 U.S.C. 460l–1–4––460l–11), and any other

21 provision of law relating to revenue allocation.

22 (e) ACCOUNTABILITY.—The regulations developed

23 under section 18 shall provide for a uniform program of

24 administration and expenditure of funds from the special

25 accounts established under this section. The Comptroller
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1 General of the United States shall conduct periodic audits

2 to ensure that such funds are accounted for and expended

3 in accordance with such program.

4 SEC. 11. CAPITAL IMPROVEMENTS.

5 (a) PRIVATE SECTOR DEVELOPMENT.—It is the pol6 icy of the United States to encourage the private sector

7 to develop, own and maintain to the extent possible such

8 public recreation facilities as the Secretary concerned de9 termines through the planning process would enhance

10 public use and enjoyment of Federal lands.

11 (b) DETERMINATION OF REMOVAL OR RETENTION

12 OF FACILITIES AT END OF CONCESSION AUTHORIZA13 TION.—At the end of any concession authorization entered

14 into under this Act, the concessioner shall either remove

15 any capital improvements and restore the site, or sell such

16 improvements to the next concessioner, as determined by

17 the Secretary concerned. The Secretary shall base such de18 termination on the following factors:

19 (1) The remaining service life of the improve20 ments.

21 (2) The costs associated with the removal of

22 such improvements and restoration of the site and

23 the subsequent reconstruction (if any) of public

24 recreation facilities.
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1 (3) The impact on resources from the removal

2 of such improvements and restoration of the site and

3 the subsequent reconstruction (if any) of public

4 recreation facilities.

5 (4) The historical significance of such improve6 ments.

7 (5) The impact on the public if such recreation

8 facilities are no longer available and the existence of

9 alternative facilities to support public use.

10 If the Secretary concerned determines that removal of fa11 cilities is the appropriate course of action, the Secretary

12 shall comply with the National Environmental Policy Act

13 of 1969 prior to any action to remove such facilities.

14 (c) APPRAISAL.—

15 (1) INDEPENDENT APPRAISAL REQUIRED.—If,

16 pursuant to subsection (b), the Secretary concerned

17 determines that the public would be best served by

18 the sale of existing facilities to the subsequent con19 cessioner, the Secretary, in consultation with the

20 concessioner, shall arrange for an independent ap21 praisal to determine the fair market value of all cap22 ital improvements on the site in which the conces23 sioner has an interest. The appraisal shall be per24 formed by an appraiser with significant experience
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1 in the appraisal of assets similar to those that are

2 subject to the appraisal.

3 (2) REQUIREMENTS.—The appraisal required

4 by paragraph (1) shall be performed not earlier than

5 18 months before the expiration of the concession

6 service agreement and shall employ the income ap7 proach to valuation in determining the fair market

8 value of any such improvement used primarily for

9 the production of income—

10 (A) in a manner consistent with the proce11 dures and assumptions then generally employed

12 for similar income-producing assets by apprais13 ers who are members of the American Institute

14 of Real Estate Appraisers or the Society of

15 Real Estate Appraisers; and

16 (B) assuming a future fee equal to the av17 erage annual fee payable by the concessioner

18 during the term of the concessioner’s agree19 ment.

20 (3) LATER ACQUIRED OR CONSTRUCTED PROP21 ERTY.—The value of improvements constructed or

22 acquired by the concessioner after the date of the

23 appraisal under paragraph (1) shall be the conces24 sioner’s original cost of such construction or acquisi25 tion.
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1 (4) PROCEDURES IN EVENT OF DISAGREEMENT

2 WITH INDEPENDENT APPRAISAL.—If the parties

3 have not agreed upon the value of capital improve4 ments under this section, the issues in controversy

5 shall be resolved in accordance with the provisions of

6 subchapter IV of chapter 5 of title 5, United States

7 Code (relating to alternative means of dispute reso8 lution in the administrative process), as in effect be9 fore October 1, 1995.

10 SEC. 12. DISPUTE RESOLUTION.

11 (a) BOARD OF CONCESSION APPEALS.—

12 (1) ESTABLISHMENT.—The President shall es13 tablish an independent administrative review board

14 to be known as the Board of Concession Appeals.

15 The Board shall be similar to, and operate in a simi16 lar manner as, the Interior Board of Land Appeals.

17 (2) JURISDICTION.—The Board shall adjudicate

18 disputes between the Federal Government and con19 cessioners arising under this Act, including (but not

20 limited to) disputes regarding the issuance, revoca21 tion, suspension, or termination of a concession au22 thorization, performance and evaluation ratings,

23 sales of concession service agreements, and rate ap24 proval. The expiration of a concession authorization

25 shall not be subject to appeal to the Board.
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1 (b) ADMINISTRATIVE REVIEW.—Appeals of decisions

2 may be taken to the Board after one level of review of

3 decisions made within an agency.

4 (c) JUDICIAL REVIEW.—

5 (1) IN GENERAL.—A person may seek judicial

6 review of decisions made by the Board.

7 (2) CONCESSION SERVICE AGREEMENTS.—Judi8 cial review of decisions rendered by the Board re9 garding concession service agreements shall be to the

10 United States Court of Federal Claims in accord11 ance with section 1491 of title 28, United States

12 Code (commonly referred to as the ‘‘Tucker Act’’).

13 (3) CONCESSION LICENSES.—Judicial review of

14 decisions rendered by the Board regarding conces15 sion licenses shall be to the appropriate Federal Dis16 trict Court.

17 (d) INAPPLICABILITY OF CERTAIN PROVISIONS.—

18 Disputes arising under this Act shall not be subject to the

19 jurisdiction of the General Accounting Office to review bid

20 protests under the Competition in Contracting Act of

21 1984.
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1 SEC. 13. BREACH OF CONTRACT BY THE SECRETARY CON2 CERNED.

3 If the Secretary concerned breaches a concession au4 thorization, the Secretary shall pay just compensation to

5 the concessioner.

6 SEC. 14. RECORDKEEPING.

7 (a) MAINTENANCE AND ACCESS.—Each concessioner

8 shall keep such records as the Secretary concerned may

9 prescribe to enable the Secretary to determine that all

10 terms of the concession authorization have been and are

11 being faithfully performed, and the Secretary and his duly

12 authorized representatives shall, for the purpose of audit

13 and examination, have access to said records and to other

14 books, documents, and papers of the concessioner perti15 nent to the concession authorization and all the terms and

16 conditions thereof.

17 (b) ACCESS BY COMPTROLLER GENERAL.—The

18 Comptroller General of the United States or any of his

19 duly authorized representatives shall, until the expiration

20 of five calendar years after the close of the business year

21 of each concessioner have access to and the right to exam22 ine any pertinent books, documents, papers, and records

23 of the concessioner related to the concession authorization

24 involved.
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1 SEC. 15. PRIVATIZATION OF FOREST SERVICE AND BLM

2 LANDS SUBJECT TO CONCESSION LEASES.

3 (a) AUTHORIZATION TO SELL.—

4 (1) IN GENERAL.—Not later than the earlier of

5 five years after the date of the enactment of this Act

6 or the expiration of a lease of qualifying concession

7 lands, the Secretary of Agriculture with respect to

8 National Forest System lands and the Secretary of

9 the Interior with respect to Bureau of Land Man10 agement lands may sell such lands to the owners of

11 such facilities. Any such sale shall be at fair market

12 value and, subject to valid existing rights, shall

13 transfer all right, title, and interest of the United

14 States in and to the lands.

15 (2) QUALIFYING CONCESSION LANDS.—For the

16 purposes of subsection (a), lands are qualifying con17 cession lands if such lands are—

18 (A) subject to a lease on the date of the

19 enactment of this Act for private concession fa20 cilities with a fair market value greater than

21 $2,000,000; and

22 (B) located either adjacent to the boundary

23 of the Federal lands or adjacent to other sig24 nificant private inholdings.

25 (b) APPRAISAL.—
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1 (1) IN GENERAL.—The appropriate Secretary

2 shall provide for an independent appraisal of the

3 lands and interests therein to be transferred pursu4 ant to subsection (a). The appraiser shall—

5 (A) utilize nationally recognized appraisal

6 standards, including to the extent appropriate

7 the uniform appraisal standards for Federal

8 land acquisition; and

9 (B) not include the value of any improve10 ment placed on the lands by the concessioner.

11 (2) APPRAISAL REPORT.—The appraiser shall

12 submit a detailed report to the Secretary.

13 (3) PAYMENTS.—The Secretary may accept and

14 use donated funds to pay, in whole or in part, for

15 appraisals under this section.

16 (d) USE OF PROCEEDS BY THE APPROPRIATE SEC17 RETARY.—The appropriate Secretary shall deposit 50 per18 cent of the funds generated through sales under this sec19 tion to the credit of the appropriate agency in the agency20 wide account established under section 10(b). The remain21 ing 50 percent of such amount shall be deposited in the

22 Treasury as miscellaneous receipts.
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1 SEC. 16. APPLICATION OF GENERAL GOVERNMENTAL AC2 QUISITION REQUIREMENTS.

3 The following laws and regulations shall not apply to

4 concession service agreements and concession licenses

5 under this Act:

6 (1) Title III of the Federal Property and Ad7 ministrative Services Act of 1949 (41 U.S.C. 251–

8 266).

9 (2) The Office of Federal Procurement Policy

10 Act (41 U.S.C. 401 et seq.).

11 (3) The Federal Acquisition Streamlining Act

12 of 1994 (Public Law 103–355).

13 (4) The Brooks Automatic Data Processing Act

14 (40 U.S.C. 759).

15 (5) Chapters 137 and 141 of title 10, United

16 States Code.

17 (6) The Federal Acquisition Regulation and any

18 laws not listed in paragraphs (1) through (5) provid19 ing authority to promulgate regulations in the Fed20 eral Acquisition Regulation.

21 (7) The Act of June 20, 1936 (20 U.S.C. 107;

22 commonly referred to as the ‘‘Randolph-Sheppard

23 Act’’) and the Service Contract Act of 1965 (41

24 U.S.C. 351 et seq.).
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1 SEC. 17. RULES OF CONSTRUCTION.

2 Concession programs of an agency on Federal lands

3 and waters subject to this Act shall be fully consistent with

4 the agency’s mission and laws applicable to the agency.

5 Nothing in this Act shall be construed as limiting or re6 stricting any right, title, or interest of the United States

7 in any land or resources.

8 SEC. 18. REGULATIONS.

9 (a) IN GENERAL.—Within one year after the date of

10 enactment of this Act, the Secretary of the Interior, Sec11 retary of Agriculture, and Secretary of the Army shall de12 velop a single set of regulations to implement this Act.

13 (b) QUALIFICATIONS OF AGENCY PERSONNEL AS14 SIGNED CONCESSION MANAGEMENT DUTIES.—The Sec15 retary, by regulation under subsection (a) and taking into

16 account the provisions of this Act, shall specify the mini17 mum qualifications required for agency personnel assigned

18 predominantly to concession management duties.

19 SEC. 19. RELATIONSHIP TO OTHER EXISTING LAWS.

20 (a) REPEALS.—

21 (1) The Act entitled ‘‘An Act relating to the es22 tablishment of concession policies in the areas ad23 ministered by the National Park Service and for

24 other purposes’’ (16 U.S.C. 20–20g) is repealed.

25 (2) The last paragraph under the heading

26 ‘‘FOREST SERVICE’’ in the Act of March 4, 1915 (38
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1 Stat. 1101), as amended by the Act of July 28,

2 1956 (chap. 771; 70 Stat. 708) (16 U.S.C. 497), is

3 repealed.

4 (3) Section 7 of the Act of April 24, 1950 (16

5 U.S.C. 580d) is repealed.

6 (b) SUPERSEDED PROVISIONS.—The provisions of

7 this Act shall supersede the provisions of—

8 (1) the Federal Water Project Recreation Act

9 of 1965 (16 U.S.C. 460l–12–21);

10 (2) the Federal Land Policy and Management

11 Act of 1976 (Oct. 21, 1976);

12 (3) the Recreation and Public Purposes Act (43

13 U.S.C. 869 et seq.);

14 (4) section 4 of the Act entitled ‘‘An Act au15 thorizing the construction of certain public works on

16 rivers and harbors for flood control, and for other

17 purposes’’ (16 U.S.C. 460d);

18 (5) sections 103 and 926 of the Water Re19 sources Development Act of 1986 (100 Stat. 4084

20 and 4197);

21 (6) Public Law 87–714 (16 U.S.C. 460k et

22 seq.; commonly known as the ‘‘Refuge Recreation

23 Act’’); and

24 (7) the National Wildlife Refuge System Ad25 ministration Act of 1966 (16 U.S.C. 668dd).
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1 (c) SAVINGS.—

2 (1) IN GENERAL.—The repeal of any provision,

3 and the superseding of any provision, of an Act re4 ferred to in subsection (a) or (b) shall not affect the

5 validity of any authorizations entered into under

6 such Act. The provisions of this Act shall apply to

7 any such authorizations, except to the extent such

8 provisions are inconsistent with the express terms

9 and conditions of such authorizations.

10 (2) RIGHT OF RENEWAL.—The right of renewal

11 provided for by any concession contract under any

12 such provision shall be preserved for a single renewal

13 of a contract following the enactment of, or conces14 sion authorization under, this Act.

15 (3) VALUE OF POSSESSORY INTEREST.—Noth16 ing in this Act shall be construed to change the

17 value of existing possessory interest as identified in

18 concession contracts entered into before the enact19 ment of this Act.

20 (d) ANILCA.—Nothing in this Act shall be construed

21 to amend, supersede or otherwise affect any provision of

22 the Alaska National Interest Lands Conservation Act (16

23 U.S.C. 3101 et seq.) relating to revenue-producing visitor

24 services.

Æ
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HR 2028 IH——2