I

104TH CONGRESS

1ST SESSION H. R. 2181

To enhance the National Park System, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1995

Mr. RICHARDSON (for himself, Mr. BOEHLERT, Mr. GEJDENSON, Mr.

HINCHEY, and Mrs. MORELLA) introduced the following bill; which was

referred to the Committee on Resources

A BILL

To enhance the National Park System, 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 ‘‘Common Sense Na5 tional Park System Reform Act’’.

6 SEC. 2. DEFINITION.

7 For purposes of this Act, the term ‘‘Secretary’’

8 means the Secretary of the Interior.
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1 TITLE I—NATIONAL PARK

2 SYSTEM PLAN

3 SEC. 101. PREPARATION OF NATIONAL PARK SYSTEM PLAN.

4 (a) PREPARATION OF PLAN.—The Secretary, acting

5 through the Director of the National Park Service, shall

6 prepare a National Park System Plan (hereafter in this

7 title referred to as the ‘‘plan’’) to guide the direction of

8 the National Park System into the next century. The plan

9 shall include each of the following:

10 (1) A statement of the goals and objectives for

11 use in defining the mission and role of the National

12 Park Service in preserving our Nation’s heritage rel13 ative to other efforts at the Federal, State, local,

14 and private levels. This statement shall include a re15 finement of the definition of ‘‘national significance’’

16 for purposes of including areas in the National Park

17 System.

18 (2) Detailed criteria to be used in determining

19 which themes and types of resources are appropriate

20 for representation in the National Park System, as

21 well as criteria for judging individual sites, areas,

22 and themes that are appropriate for inclusion as

23 units of the National Park System.
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1 (3) Identification of what constitutes adequate

2 representation of a particular resource type or

3 theme.

4 (4) Identification of which aspects of the Na5 tion’s heritage are adequately represented in the ex6 isting National Park System or in other protected

7 areas.

8 (5) Identification of appropriate aspects of the

9 Nation’s heritage not currently represented, or not

10 adequately represented, in the National Park Sys11 tem.

12 (6) Priorities of the themes and types of re13 sources which should be added to the National Park

14 System in order to provide more complete represen15 tation of our Nation’s heritage.

16 (7) A statement of the role of the National

17 Park System and the National Park Service with re18 spect to (but not limited to) conservation of natural

19 areas and ecosystems; preservation of industrial

20 America; preservation of intangible cultural heritage

21 such as arts, music, and folklife; presidential sites;

22 open space protection; and provision of significant

23 outdoor recreation opportunities.

24 (8) A statement of what areas constitute units

25 of the National Park System and the distinction be-
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1 tween units of the System, affiliated areas, and

2 other areas within the System.

3 (9) A comprehensive financial management plan

4 for the National Park System which identifies all

5 funding available to the agency, how funds will be

6 allocated to support various programs, and the oper7 ational objectives and quality of services attainable

8 at various funding levels.

9 (b) PUBLIC PARTICIPATION AND CONSULTATION.—

10 During the preparation of the plan under subsection (a),

11 the Secretary shall ensure broad public participation in a

12 manner which, at a minimum, consists of the following

13 two elements:

14 (1) Solicitation of the views of the American

15 public with regard to the future of the National

16 Park System. Opportunities for public participation

17 shall be made available throughout the planning

18 process and shall include specific regional public

19 meetings.

20 (2) Consultation with other Federal land man21 agement agencies, State and local officials, resource

22 management, recreation, citizens, and scholarly or23 ganizations, and other interested parties as the Sec24 retary deems advisable.
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1 (c) TRANSMITTAL TO CONGRESS.—Prior to the end

2 of the second complete fiscal year commencing after the

3 date of enactment of this Act, the Secretary shall transmit

4 the plan developed under this section to the Committee

5 on Resources of the House of Representatives and the

6 Committee on Energy and Natural Resources of the Sen7 ate.

8 (d) CONGRESSIONAL APPROVAL.—The plan shall be

9 deemed approved unless Congress enacts a joint resolution

10 disapproving the plan within 90 days from the date it is

11 transmitted to Congress. If the plan is rejected by Con12 gress, the Secretary shall resubmit the plan not later than

13 the date specified in the resolution.

14 (e) REVIEW OF SYSTEM.—Not later than one year

15 after the plan has been deemed approved, the Secretary

16 shall submit a report to Congress identifying which units

17 of the National Park System do not conform with the

18 plan. In developing these recommendations, the Secretary

19 shall—

20 (1) provide opportunities for public participa21 tion; and

22 (2) consult with other Federal land manage23 ment agencies, State and local officials, resource

24 management, recreation, citizens, and scholarly or-
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1 ganizations, and other interested parties as the Sec2 retary deems advisable.

3 SEC. 102. COMMENDATION AND PROTECTION OF NATIONAL

4 PARK RANGERS.

5 (a) FINDING.—The Congress recognizes the dedica6 tion, expertise, and courage of the men and women who

7 serve as rangers and other employees of the National Park

8 Service and finds their service to the protection of our

9 park resources and the safety of the hundreds of millions

10 of Americans who visit our national parks each year to

11 be indispensable.

12 (b) PROTECTION OF NATIONAL PARK SERVICE EM13 PLOYEES.—As soon as possible, the Secretary shall report

14 on the procedures that have been instituted to report to

15 the United States attorneys or other appropriate law en16 forcement official any intimidation, threats, or acts of vio17 lence against employees of the National Park Service that

18 are related to their duties.

19 TITLE II—NEW AREA

20 ESTABLISHMENT

21 SEC. 201. STUDY OF NEW PARK SYSTEM AREAS.

22 Section 8 of the Act of August 18, 1970, entitled ‘‘An

23 Act to improve the administration of the national park

24 system by the Secretary of the Interior, and to clarify the

25 authorities applicable to the system, and for other pur-
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1 poses’’ (16 U.S.C. 1a–1 and following) is amended as fol2 lows:

3 (1) By inserting ‘‘GENERAL AUTHORITY.—’’

4 after ‘‘(a)’’.

5 (2) By striking the second through the sixth

6 sentences of subsection (a).

7 (3) By redesignating the last sentence of sub8 section (a) as subsection (e) and inserting in such

9 sentence before the words ‘‘For the purposes of car10 rying’’ the following: ‘‘(e) AUTHORIZATION OF AP11 PROPRIATIONS.—’’.

12 (4) By striking subsection (b).

13 (5) By inserting the following after subsection

14 (a):

15 ‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDI16 TION.—(1) At the beginning of each calendar year, along

17 with the annual budget submission, the Secretary shall

18 submit to the Committee on Resources of the House of

19 Representatives and to the Committee on Energy and

20 Natural Resources of the Senate a list of any areas rec21 ommended for study for potential inclusion in the National

22 Park System.

23 ‘‘(2) In developing the list to be submitted under this

24 subsection, the Secretary shall give consideration to those

25 areas that have the greatest potential to meet the estab-
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1 lished criteria of national significance, suitability, and fea2 sibility. The Secretary shall give special consideration to

3 themes, sites, and resources not already adequately rep4 resented in the National Park System as identified in the

5 National Park System Plan to be developed under section

6 101 of the National Park System Reform Act of 1995.

7 No study of the potential of an area for inclusion in the

8 National Park System may be initiated after the date of

9 enactment of this section, except as provided by specific

10 authorization of an Act of Congress. Nothing in this Act

11 shall limit the authority of the National Park Service to

12 conduct preliminary resource assessments, gather data on

13 potential study areas, provide technical and planning as14 sistance, prepare or process nominations for administra15 tive designations, update previous studies, or complete re16 connaissance surveys of individual areas requiring a total

17 expenditure of less than $25,000. Nothing in this section

18 shall be construed to apply to or to affect or alter the

19 study of any river segment for potential addition to the

20 national wild and scenic rivers system or to apply to or

21 to affect or alter the study of any trail for potential addi22 tion to the national trails system.

23 ‘‘(c) REPORT.—(1) The Secretary shall complete the

24 study for each area for potential inclusion in the National

25 Park System within three complete fiscal years following
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1 the date of enactment of specific legislation providing for

2 the study of such area. Each study under this section shall

3 be prepared with appropriate opportunity for public in4 volvement, including at least one public meeting in the vi5 cinity of the area under study, and reasonable efforts to

6 notify potentially affected landowners and State and local

7 governments. In conducting the study, the Secretary shall

8 consider whether the area under study—

9 ‘‘(A) possesses nationally significant natural,

10 cultural, or recreational resources, that represents

11 one of the most important examples of a particular

12 resource type in the country; and

13 ‘‘(B) is a suitable and feasible addition to the

14 system.

15 (2) Each study shall consider the following factors

16 with regard to the area being studied:

17 ‘‘(A) The rarity and integrity of the resources.

18 ‘‘(B) The threats to those resources.

19 ‘‘(C) Whether similar resources are already pro20 tected in the National Park System or in other Fed21 eral, State, or private ownership.

22 ‘‘(D) The public use potential.

23 ‘‘(E) Potential for outdoor recreational oppor24 tunity.

25 ‘‘(F) The interpretive and educational potential.
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1 ‘‘(G) Costs associated with acquisition, develop2 ment, and operation.

3 ‘‘(H) The socioeconomic impacts of any des4 ignation.

5 ‘‘(I) The level of local and general public sup6 port.

7 ‘‘(J) Whether the unit is of appropriate con8 figuration to ensure long-term resource protection

9 and visitor use.

10 (3) Each study shall also consider whether direct Na11 tional Park Service management or alternative protection

12 by other agencies or the private sector is appropriate for

13 the area. Each study shall identify what alternative or

14 combination of alternatives would in the professional judg15 ment of the Director of the National Park Service, be most

16 effective and efficient in protecting significant resources,

17 and providing for public enjoyment.

18 (4) Each study shall be completed in compliance with

19 the National Environmental Policy Act of 1969.

20 (5) The Secretary may include in each new area

21 study any other information which he deems to be rel22 evant.

23 (6) The letter transmitting each completed study to

24 Congress shall contain a recommendation regarding the
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1 Administration’s preferred management option for the

2 area.

3 ‘‘(d) NEW AREA STUDY OFFICE.—The Secretary

4 shall establish a single office to be assigned to prepare

5 all new area studies and to implement other functions of

6 this section.

7 ‘‘(e) LIST OF AREAS.—At the beginning of each cal8 endar year, along with the annual budget submission, the

9 Secretary shall submit to the Committee on Resources of

10 the House of Representatives and to the Committee on

11 Energy and Natural Resources of the Senate a list of

12 areas which have been previously studied which contain

13 cultural or historical resources and a list of areas which

14 have been previously studied which contain primarily natu15 ral resources in numerical order of priority for addition

16 to the National Park System. In developing the lists, the

17 Secretary should consider threats to resource values, cost

18 escalation factors, and other factors listed in subsection

19 (c) of this section. The Secretary should only include on

20 the lists areas for which the supporting data is current

21 and accurate.’’.
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1 TITLE III—CONCESSIONS

2 REFORM

3 SEC. 301. SHORT TITLE.

4 This title may be cited as the ‘‘National Park Service

5 Concession Policy Reform Act of 1995’’.

6 SEC. 302. FINDINGS AND POLICY.

7 (a) FINDINGS.—In furtherance of the Act of August

8 25, 1916 (39 Stat. 535), as amended (16 U.S.C. 1, 2–

9 4), which directs the Secretary of the Interior to admin10 ister areas of the National Park System in accordance

11 with the fundamental purpose of preserving their scenery,

12 wildlife, natural and historic objects, and providing for

13 their enjoyment in a manner that will leave them

14 unimpaired for the enjoyment of future generations, the

15 Congress finds that the preservation and conservation of

16 park resources and values requires that such public ac17 commodations, facilities, and services as the Secretary de18 termines are necessary and appropriate in accordance with

19 this title—

20 (1) should be provided only under carefully con21 trolled safeguards against unregulated and indis22 criminate use so that visitation will not unduly im23 pair these values; and

24 (2) should be limited to locations and designs

25 consistent to the highest practicable degree with the
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1 preservation and conservation of park resources and

2 values.

3 (b) POLICY.—It is the policy of the Congress that—

4 (1) development on Federal lands within a park

5 shall be limited to those facilities and services that

6 the Secretary determines are necessary and appro7 priate for public use and enjoyment of the park in

8 which such facilities and services are located;

9 (2) development of such facilities and services

10 within a park should be consistent to the highest

11 practicable degree with the preservation and con12 servation of the park’s resources and values;

13 (3) such facilities and services should be pro14 vided by private persons, corporations, or other enti15 ties, except when no private interest is qualified and

16 willing to provide such facilities and services;

17 (4) if the Secretary determines that develop18 ment should be provided within a park, such devel19 opment shall be designed, located, and operated in

20 a manner that is consistent with the purposes for

21 which such park was established;

22 (5) the right to provide such services and to de23 velop or utilize such facilities should be awarded to

24 the person, corporation, or entity submitting the
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1 best proposal through a competitive selection proc2 ess; and

3 (6) such facilities or services should be provided

4 to the public at reasonable rates.

5 SEC. 303. DEFINITIONS.

6 As used in this title, the term—

7 (1) ‘‘concessioner’’ means a person, corporation,

8 or other entity to whom a concession contract has

9 been awarded;

10 (2) ‘‘concession contract’’ means a contract or

11 permit (but not a commercial use authorization is12 sued pursuant to section 306) to provide facilities or

13 services, or both, at a park;

14 (3) ‘‘facilities’’ means improvements to real

15 property within parks used to provide accommoda16 tions, facilities, or services to park visitors;

17 (4) ‘‘fund’’ means the Park Improvement Fund

18 established pursuant to section 309(b);

19 (5) ‘‘park’’ means a unit of the National Park

20 System;

21 (6) ‘‘disposal’’ means the complete proposal for

22 a concession contract offered by a potential or exist23 ing concessioner in response to the minimum re24 quirements for the contract established by the Sec25 retary; and
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1 (7) ‘‘Secretary’’ means the Secretary of the In2 terior.

3 SEC. 304. REPEAL OF CONCESSION POLICY ACT OF 1965.

4 (a) REPEAL.—The Act of October 9, 1965, Public

5 Law 89–249 (79 Stat. 969, 16 U.S.C. 20–20g), entitled

6 ‘‘An Act relating to the establishment of concession poli7 cies administered in the areas administered by the Na8 tional Park Service and for other purposes’’, is hereby re9 pealed. The repeal of such Act shall not affect the validity

10 of any contract entered into under such Act, but the provi11 sions of this title shall apply to any such contract except

12 to the extent such provisions are inconsistent with the ex13 press terms and conditions of the contract.

14 (b) CONFORMING AMENDMENT.—The fourth sen15 tence of section 3 of the Act of August 25, 1916 (16

16 U.S.C. 3; 39 Stat. 535) is amended by striking all through

17 ‘‘no natural’’ and inserting in lieu thereof, ‘‘No natural’’.

18 SEC. 305. CONCESSION POLICY.

19 Subject to the findings and policy stated in section

20 302, and upon a determination by the Secretary that fa21 cilities or services are necessary and appropriate for the

22 accommodation of visitors at a park, the Secretary shall,

23 consistent with the provisions of this title, laws relating

24 generally to the administration and management of units

25 of the National Park System, and the park’s general man-
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1 agement plan, concession plan, and other applicable plans,

2 authorize private persons, corporations, or other entities

3 to provide and operate such facilities or services as the

4 Secretary deems necessary and appropriate.

5 SEC. 306. COMMERCIAL USE AUTHORIZATIONS.

6 (a) IN GENERAL.—To the extent specified in this sec7 tion, the Secretary, upon request, may authorize a private

8 person, corporation, or other entity to provide services to

9 park visitors otherwise than by award of a concession con10 tract or permit.

11 (b) CRITERIA FOR ISSUANCE OF AUTHORIZATION.—

12 (1) The authority of this section may be used only to au13 thorize provision of services to park visitors that the Sec14 retary determines will have minimal impact on park re15 sources and values and which are consistent with the pur16 poses for which the park was established and with all ap17 plicable management plans for such park.

18 (2) The Secretary—

19 (A) shall require payment of a reasonable fee

20 for issuance of an authorization under this section,

21 such fees to remain available without further appro22 priation to be used to recover the costs of managing

23 and administering this section;

24 (B) shall require that the provision of services

25 under such an authorization be accomplished in a
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1 manner consistent to the highest practicable degree

2 with the preservation and conservation of park re3 sources and values;

4 (C) shall take appropriate steps to limit the li5 ability of the United States arising from the provi6 sion of services under such an authorization; and

7 (D) shall have no authority under this section

8 to issue more authorizations than are consistent

9 with the preservation and proper management of

10 park resources and values, and shall establish such

11 other conditions for issuance of such an authoriza12 tion as the Secretary determines appropriate for the

13 protection of visitors, provision of adequate and ap14 propriate visitor services, and protection and proper

15 management of the resources and values of the park.

16 (c) LIMITATIONS.—Any authorization issued under

17 this section shall be limited to—

18 (1) commercial operations with annual gross

19 revenues of not more than $25,000 resulting from

20 services originating and provided solely within a

21 park pursuant to such authorization; or

22 (2) the incidental use of park resources by com23 mercial operations which provide services originating

24 outside of the park’s boundaries: Provided, That

25 such authorization shall not provide for the con-
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1 struction of any structure, fixture, or improvement

2 on Federal lands within the park.

3 (d) DURATION.—The term of any authorization is4 sued under this section shall not exceed two years.

5 (e) ELIGIBILITY FOR CONCESSION CONTRACTS.—A

6 person, corporation, or other entity seeking or obtaining

7 an authorization pursuant to this section shall not be pre8 cluded from also submitting proposals for concession con9 tracts.

10 SEC. 307. COMPETITIVE SELECTION PROCESS.

11 (a) IN GENERAL.—(1) Except as provided in sub12 section (b), and consistent with the provisions of sub13 section (g), any concession contract entered into pursuant

14 to this title shall be awarded to the person, corporation,

15 or other entity submitting the best proposal as determined

16 by the Secretary, through a competitive selection process,

17 as provided in this section.

18 (2) Within 180 days after the date of enactment of

19 this Act, the Secretary shall promulgate appropriate regu20 lations establishing such process. The regulations shall in21 clude provisions for establishing a method or procedure

22 for the resolution of disputes between the Secretary and

23 a concessioner in those instances where the Secretary has

24 been unable to meet conditions or requirements or provide
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1 such services, if any, as set forth in a prospectus pursuant

2 to subsections (c)(2)(D) and (E).

3 (b) TEMPORARY CONTRACT.—Notwithstanding the

4 provisions of subsection (a), the Secretary may award a

5 temporary concession contract in order to avoid interrup6 tion of services to the public at a park except that prior

7 to making such a determination, the Secretary shall take

8 all reasonable and appropriate steps to consider alter9 natives to avoid such an interruption.

10 (c) PROSPECTUS.—(1) Prior to soliciting proposals

11 for a concession contract at a park, the Secretary shall

12 prepare a prospectus soliciting proposals, and shall publish

13 a notice of its availability at least once in local or national

14 newspapers or trade publications, as appropriate, and

15 shall make such prospectus available upon request to all

16 interested parties.

17 (2) The prospectus shall include, but need not be lim18 ited to, the following information—

19 (A) the minimum requirements for such con20 tract, as set forth in subsection (d);

21 (B) the terms and conditions of the existing

22 concession contract awarded for such park, if any,

23 including all fees and other forms of compensation

24 provided to the United States by the concessioner;
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1 (C) other authorized facilities or services which

2 may be provided in a proposal;

3 (D) facilities and services to be provided by the

4 Secretary to the concessioner, if any, including (but

5 not limited to) public access, utilities, and buildings;

6 (E) minimum public services to be offered with7 in a park by the Secretary, including (but not lim8 ited to) interpretive programs, campsites, and visitor

9 centers; and

10 (F) such other information related to the pro11 posed concession operation as is provided to the Sec12 retary pursuant to a concession contract or is other13 wise available to the Secretary, as the Secretary de14 termines is necessary to allow for the submission of

15 competitive proposals.

16 (d) MINIMUM PROPOSAL REQUIREMENTS.—(1) No

17 proposal shall be considered which fails to meet the mini18 mum requirements as determined by the Secretary. Such

19 minimum requirements shall include, but need not be lim20 ited to—

21 (A) the minimum acceptable franchise fee;

22 (B) the duration of the contract;

23 (C) any facilities, services, or capital investment

24 required to be provided by the concessioner; and
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1 (D) measures necessary to ensure the protec2 tion and preservation of park resources.

3 (2) The Secretary may reject any proposal, notwith4 standing the amount of franchise fee offered, if the Sec5 retary determines that the person, corporation, or entity

6 is not qualified, is likely to provide unsatisfactory service,

7 or that the proposal is not responsive to the objectives of

8 protecting and preserving park resources and of providing

9 necessary and appropriate facilities or services to the pub10 lic at reasonable rates.

11 (3) If all proposals submitted to the Secretary either

12 fail to meet the minimum requirements or are rejected by

13 the Secretary, the Secretary shall establish new minimum

14 contract requirements and re-initiate the competitive se15 lection process pursuant to this section.

16 (e) SELECTION OF BEST PROPOSAL.—(1) In select17 ing the best proposal, the Secretary shall consider the fol18 lowing principal factors:

19 (A) The responsiveness of the proposal to the

20 objectives of protecting and preserving park re21 sources and of providing necessary and appropriate

22 facilities and services to the public at reasonable

23 rates.

24 (B) The experience and related background of

25 the person, corporation, or entity submitting the
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1 proposal, including (but not limited to) the past per2 formance and expertise of such person, corporation,

3 or entity in providing the same or similar facilities

4 or services.

5 (C) The financial capability of the person, cor6 poration, or entity submitting the proposal.

7 (D) The proposed franchise fee: Provided, That

8 consideration of revenue to the United States shall

9 be subordinate to the objectives of protecting and

10 preserving park resources and of providing necessary

11 and appropriate facilities or services to the public at

12 reasonable rates.

13 (2) The Secretary may also consider such secondary

14 factors as the Secretary deems appropriate.

15 (3) In developing regulations to implement this title,

16 the Secretary shall consider the extent to which plans for

17 employment of Indians (including Native Alaskans) and

18 involvement of businesses owned by Indians, Indian tribes,

19 or Native Alaskans in the operation of concession con20 tracts should be identified as a factor in the selection of

21 a best proposal under this section.

22 (f) CONGRESSIONAL NOTIFICATION.—(1) The Sec23 retary shall submit any proposed concession contract with

24 anticipated annual gross receipts in excess of $5,000,000

25 (indexed to 1995 constant dollars) or a duration of ten
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1 or more years to the Committee on Energy and Natural

2 Resources of the Senate and the Committee on Resources

3 of the House of Representatives.

4 (2) The Secretary shall not award any such proposed

5 contract until at least 60 days subsequent to the notifica6 tion of both Committees.

7 (g) NO PREFERENTIAL RIGHT OF RENEWAL.—(1)

8 Except as provided in paragraph (2), the Secretary shall

9 not grant a preferential right to a concessioner to renew

10 a concession contract entered into pursuant to this title.

11 (2) The Secretary shall grant a preferential right of

12 renewal with respect to a concession contract covered by

13 subsections (h) and (i), subject to the requirements of sub14 sections (h) or (i), as appropriate.

15 (3) As used in this subsection, and subsections (h)

16 and (i), the term ‘‘preferential right of renewal’’ means

17 that the Secretary shall allow a concessioner satisfying the

18 requirements of this subsection (and subsections (h) and

19 (i), as appropriate) the opportunity to match the terms

20 and conditions of any competing proposal which the Sec21 retary determines to be the best proposal.

22 (4) A concessioner who exercises a preferential right

23 of renewal in accordance with the requirements of this

24 paragraph shall be entitled to award of the new concession

25 contract with respect to which such right is exercised.
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1 (h) OUTFITTING AND GUIDE CONTRACTS.—(1) Ex2 cept as provided in subsection (i), the provisions of para3 graph (g)(2) shall apply only—

4 (A) to a concession contract—

5 (i) which solely authorizes a concessioner

6 to provide outfitting, guide, river running, or

7 other substantially similar services within a

8 park; and

9 (ii) which does not grant such concessioner

10 any interest in any structure, fixture, or im11 provement pursuant to section 312; and

12 (B) where the Secretary determines that the

13 concessioner has operated satisfactorily during the

14 term of the contract (including any extensions there15 of); and

16 (C) where the Secretary determines that the

17 concessioner has submitted a responsive proposal for

18 a new contract which satisfies the minimum require19 ments established by the Secretary pursuant to sec20 tion 307.

21 (2) With respect to a concession contract (or exten22 sion thereof) covered by this subsection which is in effect

23 on the date of enactment of this title, the provisions of

24 this paragraph shall apply if the holder of such contract,

25 under the laws and policies in effect on the day before
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1 the date of enactment of this Act, would have been entitled

2 to a preferential right to renew such contract upon its ex3 piration.

4 (i) CONTRACTS WITH ANNUAL GROSS RECEIPTS

5 UNDER $500,000.—(1) The provisions of paragraph

6 (g)(2) shall also apply to a concession contract—

7 (A) which the Secretary estimates will result in

8 annual gross receipts of less than $500,000;

9 (B) where the Secretary has determined that

10 the concessioner has operated satisfactorily during

11 the term of the contract (including any extensions

12 thereof); and

13 (C) that the concessioner has submitted a re14 sponsive proposal for a new concession contract

15 which satisfies the minimum requirements estab16 lished by the Secretary pursuant to section 307.

17 (2) The provisions of this subsection shall not apply

18 to a concession contract which solely authorizes a conces19 sioner to provide outfitting, guide, river running, or other

20 substantially similar services within a park pursuant to

21 subsection (h).

22 (3) Notwithstanding the limitations set forth in para23 graph (1)(A), the provisions of this subsection shall also

24 apply to any concession contract authorizing cruise ship

25 entries into Glacier Bay National Park.
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1 (j) NO PREFERENTIAL RIGHT TO ADDITIONAL SERV2 ICES.—The Secretary shall not grant a preferential right

3 to a concessioner to provide new or additional services at

4 a park.

5 SEC. 308. FRANCHISE FEES.

6 (a) IN GENERAL.—Franchise fees, however, stated,

7 shall not be less than the minimum fee established by the

8 Secretary for each contract. The minimum fee shall be de9 termined in a manner that will provide the concessioner

10 with a reasonable opportunity to realize a profit on the

11 operation as a whole, commensurate with the capital in12 vested and the obligations assumed under the contract.

13 (b) MULTIPLE CONTRACTS WITHIN A PARK.—If

14 multiple concession contracts are awarded to authorize

15 concessioners to provide the same or similar outfitting,

16 guide, river running, or other similar services at the same

17 approximate location or resource within a specific park,

18 the Secretary shall establish an identical franchise fee for

19 all such contracts, subject to periodic review and revision

20 by the Secretary. Such fee shall reflect fair market value.

21 SEC. 309. USE OF FRANCHISE FEES.

22 (a) SPECIAL ACCOUNT.—Except as provided in sub23 section (b), all receipts collected pursuant to this title shall

24 be covered into a special account established in the Treas25 ury of the United States. Amounts covered into such ac
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1 count in a fiscal year shall be available for expenditure,

2 subject to appropriation, solely as follows:

3 (1) Fifty percent shall be allocated among the

4 units of the National Park System in the same pro5 portion as franchise fees collected from a specific

6 unit bears to the total amount covered into the ac7 count for each fiscal year, to be used for resource

8 management and protection, maintenance activities,

9 interpretation, and research.

10 (2) Fifty percent shall be allocated among the

11 units of the National Park System on the basis of

12 need, in a manner to be determined by the Sec13 retary, to be used for resource management and pro14 tection, maintenance activities, interpretation, and

15 research.

16 (b) PARK IMPROVEMENT FUND.—(1) In lieu of col17 lecting all or a portion of the franchise fees that would

18 otherwise be collected pursuant to the concession contract,

19 the Secretary shall, where the Secretary determines it to

20 be practicable, require a concessioner to establish a Park

21 Improvement Fund in which the concessioner shall deposit

22 the franchise fees that would otherwise be required by the

23 contract.

24 (2) The fund shall be maintained by the concessioner

25 in an interest bearing account in a federally-insured finan-
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1 cial institution. The concessioner shall maintain the fund

2 separately from any other funds or accounts and shall not

3 comingle the monies in the fund with any other monies.

4 The Secretary may establish such other terms, conditions,

5 or requirements as the Secretary determines to be nec6 essary to ensure the financial integrity of such fund.

7 (3) Monies from the fund, including interest, shall be

8 expended by the concessioner solely as directed by the Sec9 retary for activities and projects within the park which

10 are consistent with the park’s general management plan,

11 concession plan, and other applicable plans, and which the

12 Secretary determines will enhance public use, safety, and

13 enjoyment of the park, including (but not limited to)

14 projects which directly or indirectly support concession fa15 cilities or services required by the concession contract.

16 Projects paid for from the fund shall not include routine,

17 operational maintenance of facilities. A concessioner shall

18 not be allowed to make any advances or credits to the

19 fund.

20 (4) A concessioner shall not be granted any interest

21 in improvements made from fund expenditures, including

22 any interest granted pursuant to section 312.

23 (5) Nothing in this subsection shall affect the obliga24 tion of a concessioner to insure, maintain, and repair any

25 structure, fixture, or improvement assigned to such con-
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1 cessioner and to insure that such structure, fixture, or im2 provement fully complies with applicable safety and health

3 laws and regulations.

4 (6) The concessioner shall maintain proper records

5 for all expenditures made from the fund. Such records

6 shall include (but not be limited to) invoices, bank state7 ments, canceled checks, and such other information as the

8 Secretary determines to be necessary.

9 (7) The concessioner shall annually submit to the

10 Secretary a statement reflecting total activity in the fund

11 for the preceding financial year. The statement shall re12 flect monthly deposits, expenditures by project, interest

13 earned, and such other information as the Secretary re14 quires.

15 (8) Proceeds from the fund shall not be used for any

16 capital expenditure exceeding $2,500,000 in any fiscal

17 year unless such expenditure has been approved in ad18 vance by Act of Congress.

19 (9) The Secretary shall annually report to the Com20 mittees on Appropriations and Energy and Natural Re21 sources of the Senate and the Committees on Appropria22 tions and Resources of the House of Representatives con23 cerning the actual and projected expenditures for each

24 fund established pursuant to this section.
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1 (10) Upon the termination of a concession contract,

2 or upon the sale or transfer of such contract, any remain3 ing balance in the fund shall be transferred by the conces4 sioner to the successor concessioner, to be used solely as

5 set forth in this subsection. In the event there is not a

6 successor concessioner, the fund balance shall be deposited

7 into the special account established in subsection (a).

8 SEC. 310. DURATION OF CONTRACT.

9 (a) MAXIMUM TERM.—A concession contract entered

10 into pursuant to this title shall be awarded for a term not

11 to exceed ten years: Provided, however, That the Secretary

12 may award a contract for a term not to exceed twenty

13 years if the Secretary determines that the contract terms

14 and conditions necessitate a longer term.

15 (b) TEMPORARY CONTRACT.—A temporary conces16 sion contract awarded on a non-competitive basis pursuant

17 to section 307(b) shall be for a term not to exceed two

18 years.

19 SEC. 311. TRANSFER OF CONTRACT.

20 (a) IN GENERAL.—(1) No concession contract may

21 be transferred, assigned, sold, or otherwise conveyed by

22 a concessioner without prior written notification to, and

23 approval of the Secretary.

24 (2) The Secretary shall not unreasonably withhold

25 approval of a transfer, assignment, sale, or conveyance of
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1 a concession contract, but shall not approve the transfer,

2 assignment, sale, or conveyance of a concession contract

3 to any individual, corporation or other entity if the Sec4 retary determines that—

5 (A) such individual, corporation or entity is, or

6 is likely to be, unable to completely satisfy all of the

7 requirements, terms, and conditions of the contract;

8 (B) such transfer, assignment, sale or convey9 ance is not consistent with the objectives of protect10 ing and preserving park resources, and of providing

11 necessary and appropriate facilities or services to the

12 public at reasonable rates;

13 (C) such transfer, assignment, sale, or convey14 ance relates to a concession contract which does not

15 provide to the United States consideration commen16 surate with the probable value of the privileges

17 granted by the contract; or

18 (D) the terms of such transfer, assignment,

19 sale, or conveyance directly or indirectly attribute a

20 significant value to intangible assets or otherwise

21 may so reduce the opportunity for a reasonable prof22 it over the remaining term of the contract that the

23 United States may be required to make substantial

24 additional expenditures in order to avoid interrup25 tion of services to park visitors.
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1 (b) CONGRESSIONAL NOTIFICATION.—Within 30

2 days after receiving a completed proposal to transfer, as3 sign, sell, or otherwise convey a concession contract, the

4 Secretary shall notify the Committee on Energy and Natu5 ral Resources of the Senate and the Committee on Re6 sources of the House of Representatives of such proposal.

7 Approval of such proposal, if granted by the Secretary,

8 shall not take effect until 60 days after the date of notifi9 cation of both Committees.

10 SEC. 312. PROTECTION OF CONCESSIONER INVESTMENT.

11 (a) CURRENT CONTRACT.—(1) A concessioner who

12 before the date of the enactment of this Act has acquired

13 or constructed, or is required under an existing concession

14 contract to commence acquisition or construction of, any

15 structure, fixture, or improvement upon land owned by the

16 United States within a park, pursuant to such contract,

17 shall have a possessory interest therein, to the extent pro18 vided such contract.

19 (2) Unless otherwise provided in such contract, such

20 possessory interest shall not be extinguished by the expira21 tion or termination of the contract and may not be taken

22 for public use without just compensation. Such possessory

23 interest may be assigned, transferred, encumbered, or re24 linquished.
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1 (3) Upon the termination of a concession contract in

2 effect before the date of enactment of this Act, the Sec3 retary shall determine the value of any outstanding

4 possessory interest applicable to the contract, such value

5 to be determined for all purposes on the basis of applicable

6 laws and contracts in effect on the day before the date

7 of enactment of this Act.

8 (4) Nothing in this subsection shall be construed to

9 grant a possessory interest to a concessioner whose con10 tract in effect on the date of enactment of this Act does

11 not include recognition of a possessory interest.

12 (b) NEW CONTRACTS.—(1)(A) With respect to a con13 cession contract entered into on or after the date of enact14 ment of this Act, the value of any outstanding possessory

15 interest associated with such contract shall be set at the

16 value determined by the Secretary pursuant to subsection

17 (a)(3).

18 (B) As a condition of entering into a concession con19 tract, the value of any outstanding possessory interest

20 shall be reduced on an annual basis, in equal portions,

21 over the same number of years as the time period associ22 ated with the straight line depreciation of the structure,

23 fixture, or improvement associated with such possessory

24 interest, as provided by applicable Federal income tax laws
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1 and regulations in effect on the day before the date of

2 enactment of this Act.

3 (C) In the event that the contract expires or is termi4 nated prior to the elimination of any outstanding

5 possessory interest, the concessioner shall be entitled to

6 receive from the United States or the successor conces7 sioner payment equal to the remaining value of the

8 possessory interest.

9 (D) A successor concessioner may not revalue any

10 outstanding possessory interest, nor the period of time

11 over which such interest is reduced.

12 (E) Title to any structure, fixture, or improvement

13 associated with any outstanding possessory interest shall

14 be vested in the United States.

15 (2)(A) If the Secretary determines during the com16 petitive selection process that all proposals submitted ei17 ther fail to meet the minimum requirements or are re18 jected (as provided in section 307), the Secretary may,

19 solely with respect to any outstanding possessory interest

20 associated with the contract and established pursuant to

21 a concession contract entered into prior to the date of en22 actment of this Act, suspend the reduction provisions of

23 subsection (b)(1)(B) for the duration of the contract, and

24 reinitiate the competitive selection process as provided in

25 section 307.
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1 (B) The Secretary may suspend such reduction provi2 sions only if the Secretary determines that the establish3 ment of other new minimum contract requirements is not

4 likely to result in the submission of satisfactory proposals,

5 and that the suspension of the reduction provisions is like6 ly to result in the submission of satisfactory proposals:

7 Provided, however, That nothing in this paragraph shall

8 be construed to require the Secretary to establish a mini9 mum franchise fee at a level below the franchise fee in

10 effect for such contract on the day before the expiration

11 date of the previous contract.

12 (c) NEW STRUCTURES.—(1) On or after the date of

13 enactment of this Act, a concessioner who constructs or

14 acquires a new, additional, or replacement structure, fix15 ture, or improvement upon land owned by the United

16 States within a park, pursuant to a concession contract,

17 shall have an interest in such structure, fixture, or im18 provement equivalent to the actual original cost of acquir19 ing or constructing such structure, fixture, or improve20 ment, less straight line depreciation over the estimated

21 useful life of the asset according to Generally Accepted

22 Accounting Principles: Provided, That in no event shall

23 the estimated useful life of such asset exceed the deprecia24 tion period used for such asset for Federal income tax

25 purposes.
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1 (2) In the event that the contract expires or is termi2 nated prior to the recovery of such costs, the concessioner

3 shall be entitled to receive from the United States or the

4 successor concessioner payment equal to the value of the

5 concessioner’s interest in such structure, fixture, or im6 provement. A successor concessioner may not revalue the

7 interest in such structure, fixture, or improvement, the

8 method of depreciation, or the estimated useful life of the

9 asset.

10 (3) Title to any such structure, fixture, or improve11 ment shall be vested in the United States.

12 (d) INSURANCE, MAINTENANCE AND REPAIR.—

13 Nothing in this section shall affect the obligation of a con14 cessioner to insure, maintain, and repair any structure,

15 fixture, or improvement assigned to such concessioner and

16 to insure that such structure, fixture, or improvement

17 fully complies with applicable safety and health laws and

18 regulations.

19 SEC. 313. RATES AND CHARGES TO PUBLIC.

20 The reasonableness of a concessioner’s rates and

21 charges to the public shall, unless otherwise provided in

22 the bid specifications and contract, be judged primarily

23 by comparison with those rates and charges for facilities

24 and services of comparable character under similar condi25 tions, with due consideration for length of season, seasonal
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1 variance, average percentage of occupancy, accessibility,

2 availability and costs of labor and materials, type of pa3 tronage, and other factors deemed significant by the

4 Secretary.

5 SEC. 314. CONCESSIONER PERFORMANCE EVALUATION.

6 (a) REGULATIONS.—Within 180 days after the date

7 of enactment of this Act, the Secretary shall publish, after

8 an appropriate period for public comment, regulations es9 tablishing standards and criteria for evaluating the per10 formance of concessions operating within parks.

11 (b) PERIODIC EVALUATION.—(1) The Secretary shall

12 periodically conduct an evaluation of each concessioner op13 erating under a concession contract pursuant to this title,

14 as appropriate, to determine whether such concessioner

15 has performed satisfactorily. In evaluating a conces16 sioner’s performance, the Secretary shall seek and con17 sider applicable reports and comments from appropriate

18 Federal, State, and local regulatory agencies, and shall

19 seek and consider the applicable views of park visitors and

20 concession customers. If the Secretary’s performance eval21 uation results in an unsatisfactory rating of the conces22 sioner’s overall operation, the Secretary shall provide the

23 concessioner with a list of the minimum requirements nec24 essary for the operation to be rated satisfactory, and shall

25 so notify the concessioner in writing.
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1 (2) The Secretary may terminate a concession con2 tract if the concessioner fails to meet the minimum oper3 ational requirements identified by the Secretary within the

4 time limitations established by the Secretary at the time

5 notice of the unsatisfactory rating is provided to the con6 cessioner.

7 (3) If the Secretary terminates a concession contract

8 pursuant to this section, the Secretary shall solicit propos9 als for a new contract consistent with the provisions of

10 this title.

11 (c) CONGRESSIONAL NOTIFICATION.—The Secretary

12 shall notify the Committee on Energy and Natural Re13 sources of the Senate and the Committee on Resources

14 of the House of Representatives of each unsatisfactory

15 rating and of each concession contract terminated pursu16 ant to this section.

17 SEC. 315. RECORDKEEPING REQUIREMENTS.

18 (a) IN GENERAL.—Each concessioner shall keep such

19 records as the Secretary may prescribe to enable the Sec20 retary to determine that all terms of the concessioner’s

21 contract have been and are being faithfully performed, and

22 the Secretary or any of the Secretary’s duly authorized

23 representatives shall, for the purpose of audit and exam24 ination, have access to such records and to other books,

25 documents and papers of the concessioner pertinent to the
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1 contract and all the terms and conditions thereof as the

2 Secretary deems necessary.

3 (b) GENERAL ACCOUNTING OFFICE REVIEW.—The

4 Comptroller General of the United States or any of his

5 or her duly authorized representatives shall, until the expi6 ration of five calendar years after the close of the business

7 year for each concessioner, have access to and the right

8 to examine any pertinent books, documents, papers, and

9 records of the concessioner related to the contracts or con10 tracts involved.

11 SEC. 316. EXEMPTION FROM CERTAIN LEASE REQUIRE12 MENTS.

13 The provisions of section 321 of the Act of June 30,

14 1932 (47 Stat. 412; 40 U.S.C. 303b), relating to the leas15 ing of buildings and properties of the United States, shall

16 not apply to contracts awarded by the Secretary pursuant

17 to this title.

18 SEC. 317. NO EFFECT ON ANILCA PROVISIONS.

19 Nothing in this title shall be construed to amend, su20 persede, or otherwise affect any provision of the Alaska

21 National Interest Lands Conservation Act (16 U.S.C.

22 3101 et seq.).

23 SEC. 318. IMPLEMENTATION REPORTS.

24 Beginning on June 1, 1997, and biennially thereafter,

25 the Inspector General of the Department of the Interior
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1 shall submit a report to the Committee on Energy and

2 Natural Resources of the Senate and the Committee on

3 Resources of the House of Representatives on the imple4 mentation of this title and the effect of such implementa5 tion on facilities operated pursuant to concession contracts

6 and on visitor services. Each report shall—

7 (1) identify any concession contracts which have

8 been renewed, renegotiated, terminated, or trans9 ferred during the year prior to the submission of the

10 report and identify any significant changes in the

11 terms of the new contract;

12 (2) state the amount of franchise fees the rates

13 which would be charged for services, and the level of

14 other services required to be provided by the conces15 sioner in comparison to that required in the previous

16 contract;

17 (3) assess the degree to which concession facili18 ties are being maintained using the condition of such

19 facilities on the date of enactment of this Act as a

20 baseline;

21 (4) determine whether competition has been in22 creased or decreased with respect to the awarding of

23 each contract; and

24 (5) set forth the amount of revenues received

25 and financial obligations incurred or reduced by the
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1 Federal Government as a result of the comparison of

2 this Act for the reporting period and in comparison

3 with previous reporting periods and the baseline year

4 of 1995, including the costs, if any, associated with

5 the acquisition of possessory interests.

6 SEC. 319. AUTHORIZATION OF APPROPRIATIONS.

7 There is authorized to be appropriated such sums as

8 may be necessary to carry out this title.

9 TITLE IV—RECREATION FEES

10 SEC. 401. SHORT TITLE.

11 This title may be cited as the ‘‘National Park Service

12 Entrepreneurial Management Reform Act of 1995’’.

13 SEC. 402. FEES.

14 (a) ADMISSION FEES.—Section 4(a) of the Land and

15 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

16 4 and following) is amended as follows:

17 (1) In the first sentence of paragraph (1)(A)(i),

18 by striking ‘‘$25’’ and inserting ‘‘$40’’.

19 (2) By amending the second sentence of para20 graph (1)(A)(i) to read as follows: ‘‘The permittee

21 and the accompanying spouse, children, and parents

22 of the permittee shall be entitled to general admis23 sion into any area designated pursuant to this sec24 tion.’’.
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1 (3) By modifying the margin of clause (ii) of

2 paragraph (1)(A) to align with the margin of clause

3 (i).

4 (4) By inserting at the end of clause (ii) of

5 paragraph (1)(A) the following: ‘‘Such receipts shall

6 be made available, subject to appropriation, for au7 thorized resource protection, rehabilitation, and con8 servation projects as provided for by subsection (i),

9 including projects to be carried out by the Public

10 Land Corps or any other conservation corps pursu11 ant to the Youth Conservation Corps Act of 1970

12 (16 U.S.C. 1701 and following), or other related

13 programs or authorities, on lands administered by

14 the Secretary of the Interior and the Secretary of

15 Agriculture.’’.

16 (5) In paragraph (1)(B), by striking ‘‘$15’’ and

17 inserting ‘‘$25’’ and by adding at the end the follow18 ing new sentence: ‘‘Any amount by which the fee for

19 such an annual permit exceeds $15 shall be credited

20 to the appropriation account of the unit of the Na21 tional Park System that collected the fee, shall be

22 available to the unit without further appropriation,

23 and shall remain available until expended.’’.

24 (6) In paragraph (2), by inserting ‘‘(A)’’ after

25 ‘‘(2)’’, by striking the fifth and sixth sentences, by
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1 amending the fourth sentence to read as follows:

2 ‘‘The fee for a single-visit permit at any designated

3 area shall be not more than $6 per person for per4 sons entering by any means, except that the fee shall

5 not exceed $20 for all persons entering a designated

6 area in a single noncommercial vehicle.’’, and by

7 adding at the end the following new subparagraph:

8 ‘‘(B) The Secretary shall establish a pilot

9 project at Yosemite National Park that utilizes in10 centives, including waiving or reducing admission

11 fees, to encourage use of public transit which serves

12 the purpose of reducing vehicular traffic within Yo13 semite National Park.’’.

14 (7) In paragraph (3), by striking the last sen15 tence.

16 (8) In paragraph (4), by striking ‘‘No other

17 free permits shall be issued to any person’’ and in18 serting ‘‘No other free permits shall be issued to any

19 person, except as otherwise provided by this sub20 section’’.

21 (9) In paragraph (4), by amending the second

22 sentence to read as follows: ‘‘Such permit shall be

23 nontransferable, shall be issued for a one-time

24 charge of $10, and shall entitle the permittee and

25 the accompanying spouse of the permittee to general
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1 admission into any area designated pursuant to this

2 subsection.’’.

3 (10) In paragraph (6) by striking ‘‘on Interior

4 and Insular Affairs’’ and inserting ‘‘on Resources’’.

5 (11) In paragraph (9), by striking ‘‘San Juan

6 National Historic Site, and Canaveral National Sea7 shore’’ and inserting ‘‘and San Juan National His8 toric Site’’ and by adding the following at the end

9 thereof: ‘‘The Secretary of the Interior shall submit

10 a report to the Congress within 6 months after the

11 enactment of this sentence respecting the areas at

12 which the Secretary determines admission fees would

13 be appropriate but at which such fees are prohibited

14 by law and respecting each area at which such fees

15 are authorized but not being collected (including an

16 explanation of the reasons that such fees are not

17 being collected).’’.

18 (12) By amending paragraph (11) to read as

19 follows:

20 ‘‘(11) In the case of Yellowstone and Grand

21 Teton National Parks, a single-visit fee collected at

22 one unit shall also admit the person who paid such

23 fee for a single visit to the other unit.’’.

24 (b) PENALTY.—Section 4(e) of the Land and Water

25 Conservation Fund Act of 1965 (16 U.S.C. 460l–4 and
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1 following) is amended by striking ‘‘$100’’ and inserting

2 ‘‘$1,000’’.

3 (c) TECHNICAL AMENDMENTS.—(1) Section 4(h) of

4 the Land and Water Conservation Fund Act of 1965 (16

5 U.S.C. 460l–4 and following) is amended by striking ‘‘on

6 Interior and Insular Affairs of the United States House

7 of Representatives and United States Senate’’ and insert8 ing ‘‘on Resources of the United States House of Rep9 resentatives and on Energy and Natural Resources of the

10 United States Senate’’, by striking ‘‘Bureau of Outdoor

11 Recreation’’ and inserting ‘‘National Park Service’’, and

12 by striking ‘‘Bureau’’ and inserting ‘‘National Park Serv13 ice’’.

14 (2) Section 4(g) of the Land and Water Conservation

15 Fund Act of 1965 (16 U.S.C. 460l–4 and following) is

16 amended by striking ‘‘or charges for commercial or other

17 activities not related to recreation’’.

18 (d) USE OF FEES.—Section 4(i) of the Land and

19 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

20 4 and following) is amended as follows:

21 (1) By inserting ‘‘USE OF FEES.—’’ after ‘‘(i)’’.

22 (2) In the first sentence of paragraph (1)(B),

23 by striking ‘‘fee collection costs for that fiscal year’’

24 and inserting ‘‘fee collection costs for the imme25 diately preceding fiscal year’’ and by striking ‘‘sec-
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1 tion in that fiscal year’’ and inserting ‘‘section in

2 such immediately preceding fiscal year’’.

3 (3) In the second sentence of paragraph (1)(B),

4 by striking ‘‘in that fiscal year’’.

5 (4) In paragraph (1), by adding at the end the

6 following new subparagraph:

7 ‘‘(C) Notwithstanding subparagraph (A) and not8 withstanding any other provision of law, for fiscal years

9 after fiscal year 1995, the amount by which the receipts

10 collected pursuant to this section by the National Park

11 Service (except for the portion of fee receipts withheld as

12 provided in subparagraph (B) for fee collection costs) ex13 ceeds the receipts collected pursuant to this section by the

14 National Park Service in fiscal year 1993 shall be covered

15 into a special fund established in the Treasury of the Unit16 ed States to be known as the ‘National Park Renewal

17 Fund’. Amounts in such fund shall be available to the Sec18 retary of the Interior, without further appropriation, for

19 resource protection, research, interpretation, and mainte20 nance activities related to resource protection and visitor

21 enjoyment in areas managed by the National Park Service

22 and shall be allocated among national park system units

23 in accordance with subsection (j). Such amounts shall re24 main available until expended. The Secretary shall develop

25 procedures for the use of amounts in the fund that ensure
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1 accountability and demonstrated results consistent with

2 the purposes of this title. Beginning after the first full

3 fiscal year following enactment of this subparagraph, the

4 Secretary shall submit an annual report to Congress, on

5 a unit-by-unit basis, detailing the fees receipts collected

6 pursuant to this section and the expenditures of such re7 ceipts.’’.

8 (e) TIME OF REIMBURSEMENT.—Section 4(k) of the

9 Land and Water Conservation Fund Act of 1965 (16

10 U.S.C. 460l–4 and following) is amended by striking the

11 last sentence.

12 (f) FEES FOR SPECIAL USES.—Section 4 of the Land

13 and Water Conservation Fund Act of 1965 (16 U.S.C.

14 460l–4 and following) is amended by adding the following

15 new subsection at the end:

16 ‘‘(o) FEES FOR SPECIAL USES.—The Secretary of

17 the Interior shall establish reasonable fees for

18 nonrecreational uses of national park system units that

19 require special arrangements, including permits. The fees

20 shall be set at such level as the Secretary deems necessary

21 to insure that the United States will receive fair market

22 value for the use of the area concerned and shall, at a

23 minimum, cover all costs of providing necessary services

24 associated with such special uses, except that the Sec25 retary may, in his discretion, waive or reduce such fees
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1 in the case of any nonprofit organization or any organiza2 tion using an area within the national park system for

3 educational or park-related purposes. Notwithstanding

4 any other provision of law, the Secretary shall retain so

5 much of the revenue from such fees as is equal to fee col6 lection costs and the costs of providing the necessary serv7 ices associated with such special uses. Such retained

8 amounts shall be credited to the appropriation account for

9 the national park system unit concerned and shall remain

10 available until expended, beginning in the fiscal year in

11 which the amounts are so credited.’’.

12 (g) ADMISSION OR RECREATION USE FEES.—Section

13 4 of the Land and Water Conservation Fund Act of 1965

14 (16 U.S.C. 460l–4 and following), as amended by sub15 section (f) of this section, is amended by adding the follow16 ing new subsection at the end:

17 ‘‘(p) ADMISSION OR RECREATION USE FEES.—Not18 withstanding any other provision of law, no admission or

19 recreation use fee of any kind shall be charged or imposed

20 for entrance into, or use of, any federally owned area oper21 ated and maintained by a Federal agency and used for

22 outdoor recreation purposes, except as provided for by this

23 Act.’’.
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1 SEC. 403. CHALLENGE COST-SHARE AGREEMENTS.

2 (a) AGREEMENTS.—The Secretary of the Interior is

3 authorized to negotiate and enter into challenge cost-share

4 agreements with cooperators. For purposes of this section:

5 (1) The term ‘‘challenge cost-share agreement’’

6 means any agreement entered into between the Sec7 retary and any cooperator for the purpose of sharing

8 costs or services in carrying out any authorized

9 functions and responsibilities of the Secretary with

10 respect to any unit of the national park system (as

11 defined in section 2(a) of the Act of August 8, 1953

12 (16 U.S.C. 1b–1c)), any affiliated area, or any des13 ignated national scenic or historic trail.

14 (2) The term ‘‘cooperator’’ means any State or

15 local government, public or private agency, organiza16 tion, institution, corporation, individual, or other en17 tity.

18 (b) USE OF FEDERAL FUNDS.—In carrying out chal19 lenge cost-share agreements, the Secretary is authorized,

20 subject to appropriation, to provide the Federal funding

21 share from any funds available to the National Park

22 Service.

23 SEC. 404. COST RECOVERY FOR DAMAGE TO NATIONAL

24 PARK RESOURCES.

25 Notwithstanding any other provision of law, any

26 funds payable to United States as restitution on account
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1 of damage to national park resources or property shall be

2 paid to the Secretary of the Interior. Any such funds, and

3 any other funds received as a result of forfeiture, com4 promise, or settlement on account of damage to national

5 park resources or property shall be credited to the appro6 priation account for the national park system unit con7 cerned and shall be available, without further appropria8 tion, for expenditure by the Secretary, without regard to

9 fiscal year limitation, to improve, protect, or rehabilitate

10 any park resources or property which have been damaged

11 by the action of a permittee or any unauthorized person.

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