II 

118TH CONGRESS 

1ST SESSION S. 2728 

To encourage reduction of disposable plastic products in units of the National 

Park System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 6, 2023 

Mr. MERKLEY (for himself, Mr. PADILLA, Ms. DUCKWORTH, Mr. WHITEHOUSE, Mr. BLUMENTHAL, Mr. VAN HOLLEN, Mr. FETTERMAN, Mr. 

HEINRICH, Mrs. FEINSTEIN, Mr. SANDERS, Mr. WYDEN, and Ms. WARREN) introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

A BILL 

To encourage reduction of disposable plastic products in 

units of 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 ‘‘Reducing Waste in 

5 National Parks Act’’. 

6 SEC. 2. DISPOSABLE PLASTIC PRODUCTS REDUCTION IN 

7 UNITS OF THE NATIONAL PARK SYSTEM. 

8 (a) PROGRAM FOR REDUCTION OF DISPOSABLE

9 PLASTIC PRODUCTS IN UNITS OF THE NPS.—Not later 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 2728 IS

1 than 180 days after the date of the enactment of this Act, 

2 the Director shall establish, for the National Park System 

3 a program for reduction of disposable plastic products 

4 and, if applicable, elimination of the sale and distribution 

5 of disposable plastic products under subsection (b). Each 

6 regional director shall implement the plan for park units 

7 in their region. 

8 (b) ELIMINATION OF SALE AND DISTRIBUTION OF

9 DISPOSABLE PLASTIC PRODUCTS.— 

10 (1) IN GENERAL.—Each regional director con11 cerned shall eliminate the sale of water in disposable 

12 plastic products and the sale and distribution of 

13 other disposable plastic products to the greatest ex14 tent feasible in the relevant unit of the National 

15 Park System after consideration of the following fac16 tors, when applicable, with respect to the relevant 

17 unit: 

18 (A) The costs and benefits to the overall 

19 operations. 

20 (B) The amount of waste that would be 

21 eliminated. 

22 (C) The infrastructure costs and funding 

23 sources for bottle refill stations. 

24 (D) Any contractual implications with re25 spect to concessioners, including considerations 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 2728 IS

1 of new leaseholder surrender interest or 

2 possessory interest. 

3 (E) The operational costs of bottle refill 

4 stations, including utilities and regular public 

5 health testing. 

6 (F) The cost and availability of bisphenol 

7 A-free reusable containers. 

8 (G) The effect on concessioner and co9 operation association sales revenue. 

10 (H) The availability of water within con11 cession food service operations. 

12 (I) The ability to provide visitor education 

13 in the unit and online so that visitors may come 

14 prepared with their own water bottles. 

15 (J) Input from the National Park Service 

16 Office of Public Health. 

17 (K) The feasibility of posting signs so that 

18 visitors can easily find bottle refill stations. 

19 (L) Safety considerations for visitors who 

20 may resort to not carrying enough water or 

21 drinking from surface water sources with poten22 tial exposure to disease. 

23 (M) Any input from concessioners and co24 operating associations within the relevant unit. 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 2728 IS

1 (2) UNITS OF NPS PREVIOUSLY ELIMINATED

2 SALE OF WATER IN DISPOSABLE PLASTIC PROD3 UCTS.—With respect to a unit of the National Park 

4 System that did not offer for sale water in dispos5 able plastic products before the date of the enact6 ment of this Act, the applicable superintendent of 

7 the relevant unit may continue to not offer for sale 

8 water in disposable plastic bottles. 

9 (c) PROACTIVE VISITOR EDUCATION STRATEGY.— 

10 Each regional director concerned shall develop for the rel11 evant unit of the National Park System a proactive visitor 

12 education strategy to address visitor expectations of water 

13 availability and explain the rationale for the program and 

14 its implementation in the relevant unit. 

15 (d) CONTINUITY WITHIN UNIT OF THE NPS.—Each 

16 regional director concerned shall, to the extent possible, 

17 implement the program in a manner that is consistent 

18 throughout the relevant unit of the National Park System, 

19 including incorporation of such program into any agree20 ment with an organization operating within the relevant 

21 unit, including a concessioner operating plan and cooper22 ating association scope of sales. 

23 (e) BIENNIAL EVALUATION.—Each regional director 

24 concerned shall, not less than once every 2 years— 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 2728 IS

1 (1) conduct an evaluation of the program for 

2 the relevant unit of the National Park System, in3 cluding— 

4 (A) public response to the program; 

5 (B) visitor satisfaction with the availability 

6 of water; 

7 (C) buying behavior with respect to prod8 ucts sold in disposable plastic products; 

9 (D) public safety including information on 

10 cases of dehydration or exposure to disease 

11 from drinking from surface water; and 

12 (E) disposable plastic bottle collection 

13 rates; and 

14 (2) submit the evaluation to the Director and 

15 the Secretary of the Interior. 

16 (f) DEFINITIONS.—For the purposes of this Act— 

17 (1) the term ‘‘Director’’ means the Director of 

18 the National Park Service; 

19 (2) the term ‘‘disposable plastic products’’ in20 cludes— 

21 (A) disposable plastic beverage bottles; 

22 (B) carryout bags made from film plastic; 

23 (C) plastic food ware, including plastic 

24 food ware products marketed as compostable or 

25 biodegradable; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 2728 IS

1 (D) expanded polystyrene products; 

2 (3) the term ‘‘program’’ means the program for 

3 recycling and reduction of disposable plastic prod4 ucts established under subsection (a); and 

5 (4) the term ‘‘regional director concerned’’ 

6 means, with respect to a unit of the National Park 

7 System, the regional director of the region of the 

8 National Park System in which the relevant unit is 

9 located, working in coordination with the super10 intendent of such unit. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB