Calendar No. 474

104TH CONGRESS

2D SESSION S. 1703

[Report No. 104–299]

A BILL

To amend the Act establishing the National Park

Foundation.

JUNE 27, 1996

Reported with an amendment
II

Calendar No. 474

104TH CONGRESS

2D SESSION S. 1703

[Report No. 104–299]

To amend the Act establishing the National Park Foundation.

IN THE SENATE OF THE UNITED STATES

APRIL 25, 1996

Mr. MURKOWSKI (for himself, Mr. JOHNSTON, Mr. BENNETT, Mr.

KEMPTHORNE, Mr. LIEBERMAN, Mr. CAMPBELL, and Mr. JEFFORDS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

JUNE 27, 1996

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Act establishing the National Park

Foundation.

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

3 That the Act of December 18, 1967 (16 U.S.C. 19e–19n),

4 entitled ‘‘An Act to establish the National Park Founda5 tion’’, is amended:
2

S 1703 RS

1 (1) in section 1—

2 (A) by striking ‘‘therein’’ and inserting in

3 lieu thereof ‘‘therein, and to develop and imple4 ment means of securing funds from the private

5 sector,’’; and

6 (B) by striking ‘‘to accept and administer

7 such gifts’’;

8 (2) in section 3—

9 (i) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’;

10 and

11 (ii) by inserting at the end thereof the

12 following—

13 ‘‘(b) In furtherance of the purposes of this Act, the

14 Foundation shall have exclusive authority to license or au15 thorize persons to use any trademark, tradename, sign,

16 symbol, emblem, insignia, logo, likeness or slogan to rep17 resent, promote, or advertise that an individual, company,

18 or particular good or service is an official sponsor or sup19 porter of the National Park System, National Park Serv20 ice, or any unit of the National Park System: Provided,

21 That any license or authorization referred to in this sub22 section shall be subject to the prior written approval of

23 the Secretary of the Interior, who may not delegate this

24 authority: Provided further, That except as provided in

25 this Act, no person may use for commercial purposes any
3

S 1703 RS

1 trademark, tradename, sign, symbol, emblem, insignia,

2 slogan, or related artistic design belonging to the National

3 Park Service.’’;

4 (3) in section 4—

5 (A) by inserting ‘‘and section 8(b)’’ be6 tween ‘‘transfer’’ and the comma;

7 (B) by inserting ‘‘license,’’ between

8 ‘‘lease,’’ and ‘‘invest’’; and

9 (C) by striking ‘‘any business, nor shall the

10 Foundation’’ and inserting in lieu thereof

11 ‘‘business for pecuniary profit or gain, except as

12 provided in section 8(b); operate any commer13 cial establishment or enterprise within any unit

14 of the National Park System; engage in any

15 lobbying activities as defined in section 3(7) of

16 the Lobbying Disclosure Act of 1995 (2 U.S.C.

17 1602(7)) concerning the management of the

18 National Park System; or’’;

19 (4) in section 8—

20 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 8.’’; and

21 (B) by inserting at the end the following:

22 ‘‘(b) All of the income in the Foundation, net of oper23 ating expenses, any contributions to local government pur24 suant to subsection (a), and reserves determined necessary
4

S 1703 RS

1 or appropriate by the Board, shall be provided to or for

2 the benefit of the National Park Service.’’; and

3 (5) at the end, by inserting the following:

4 ‘‘SEC. 11. Whoever, without the authorization of the

5 Foundation, uses purposes of trade, to induce the sale of

6 any good or service, or to promote any commercial activ7 ity, the name of the Foundation, or any trademark,

8 tradename, sign, symbol, emblem, insignia, logo, likeness,

9 or slogan referred to in section 3(b), or any facsimile or

10 simulation thereof, shall be subject to suit in a civil action

11 by the Foundation for the remedies provided in the Act

12 of July 5, 1946 (15 U.S.C. 1051 et seq.) and, additionally,

13 a civil penalty of $1,000 for each day of such unauthorized

14 use.’’.

15 That the Act of December 18, 1967 (U.S.C. 19e–19n), enti16 tled ‘‘An Act to establish the National Park Foundation’’,

17 is amended:

18 (1) in section 1—

19 (A) by striking ‘‘therein’’ and inserting in

20 lieu thereof ‘‘therein, and to develop and imple21 ment means of securing funds from the private

22 sector, to enhance funding for the National Park

23 System without supplanting appropriated funds

24 otherwise available for the National Park Sys25 tem,’’; and
5

S 1703 RS

1 (B) by striking ‘‘to accept and administer

2 such gifts’’;

3 (2) in section 3—

4 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’; and

5 (B) by inserting at the end:

6 ‘‘(b)(1) In furtherance of the purposes of this Act, the

7 Foundation shall have exclusive authority to license or au8 thorize persons to use such trademarks, tradenames, signs,

9 symbols, emblems, insignia, logos, likenesses, or slogans that

10 are or may be in the future adopted and owned by the

11 Foundation, and for which the Foundation has filed an ap12 plication or applications with the United States Patent and

13 Trademark Office, for the purposes of representing, promot14 ing or advertising for commercial purposes or pecuniary

15 gain that an individual, company, or particular good or

16 service is an official sponsor or official supporter of the Na17 tional Park System or National Park Service.

18 ‘‘(2) The authority provided in paragraph (1) shall be

19 subject to the following conditions:

20 ‘‘(A) The criteria and guidelines for the competi21 tive issuance and the maintenance of a license or au22 thorization, and the issuance of each license or au23 thorization, shall be subject to the prior written ap24 proval of the Secretary as being appropriate to the

25 image of the National Park System and consistent
6

S 1703 RS

1 with the management policies and practices of the

2 National Park Service, and such approval authority

3 may not be delegated.

4 ‘‘(B) Neither the Secretary of the Interior, the

5 Foundation, nor any other person may authorize an

6 individual, company, or particular good or service to

7 represent, promote, or advertise, and no person may

8 represent or imply, for commercial purposes or for pe9 cuniary gain that it is an official sponsor or official

10 supporter of any individual unit of the National Park

11 System.

12 ‘‘(C) The advertisements and promotional activi13 ties undertaken by a licensee or authorized person

14 shall be appropriate to the image of the National

15 Park System and consistent with the management

16 policies and practices of the National Park Service.

17 ‘‘(D) Neither the Secretary of the Interior, the

18 Foundation, nor any other person may authorize an

19 individual, company, or particular good or service to

20 represent that it is endorsed by the National Park

21 Service.

22 ‘‘(E) Nothing in this Act shall in any way re23 strict or preclude the Statue of Liberty—Ellis Island

24 Foundation, Inc. (the ‘Statue of Liberty Founda25 tion’), so long as its activities are authorized by a
7

S 1703 RS

1 Memorandum of Agreement with the Secretary of the

2 Interior, from raising donations for the restoration of

3 the Statue of Liberty and Ellis Island by, among

4 other things, offering to any third parties exclusive

5 rights to any trademark, tradename, sign, symbol, in6 signia, emblem, logo, likeness, or slogan owned by the

7 Statue of Liberty Foundation.

8 ‘‘(F) Activities of the Foundation undertaken

9 pursuant to this Act, including the licensing or au10 thorizing of official sponsors and official supporters of

11 the National Park System or National Park Service

12 by the Foundation, shall not preclude charitable orga13 nizations or cooperating associations from conducting

14 fundraising activities or selling merchandise to gen15 erate support for a unit or units of the National Park

16 System or the National Park Service, so long as such

17 activities do not convey a right to be considered as an

18 official sponsor or official supporter of such unit or

19 units as prohibited by subparagraph (B) or of the Na20 tional Park System or National Park Service.

21 ‘‘(c) No license or authorization referred to in sub22 section (b) shall grant any person any right or authority

23 to market, advertise, display, sell, or promote, any goods,

24 products or services in any unit of the National Park Sys25 tem or in any related facility operated outside the bound-
8

S 1703 RS

1 aries of any unit, or to advertise or promote that it is an

2 official sponsor or official supporter within the meaning of

3 subsection (b) in any such unit or related facility: Provided,

4 That the Secretary of the Interior may authorize limited

5 recognition of official sponsors or official supporters within

6 the meaning of subsection (b) in units of the National Park

7 System or any related facility operated outside the bound8 aries of any unit but only under such appropriate policies

9 and procedures which ensure that status as an official spon10 sor or official supporter within the meaning of subsection

11 (b) shall not be commercially exploited in any manner

12 within any such unit or related facility.’’;

13 (3) in section 4—

14 (A) by inserting ‘‘and section 8(b)’’ between

15 ‘‘transfer’’ and the comma;

16 (B) by inserting ‘‘license,’’ between ‘‘lease,’’

17 and ‘‘invest’’; and

18 (C) by striking ‘‘any business, nor shall the

19 Foundation’’ and inserting in lieu thereof ‘‘busi20 ness for pecuniary profit or gain, except for the

21 purposes set forth in this Act; operate any com22 mercial establishment or enterprise within any

23 unit of the National Park System; engage in any

24 lobbying activities as defined in section 3(7) of

25 the Lobbying Disclosure Act of 1995 (2 U.S.C.
9

S 1703 RS

1 1602(7)) concerning the management of the Na2 tional Park System; or’’;

3 (4) in section 8—

4 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 8.’’; and

5 (B) by inserting at the end:

6 ‘‘(b) All of the income in the Foundation, net of reason7 able operating expenses, any contributions to local govern8 ment pursuant to subsection (a), and reserves determined

9 necessary or appropriate by the Board, shall be provided

10 to or for the benefit of the National Park Service: Provided,

11 That all such net income derived from the licenses and au12 thorizations referred to in section 3(b) shall be expended in

13 accordance with policies and priorities of the National Park

14 Service on programs, projects, or activities that benefit the

15 National Park System or National Park Service as identi16 fied by the Secretary in consultation with the Foundation.’’;

17 (5) in section 10—

18 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 10.’’; and

19 (B) by inserting at the end:

20 ‘‘(b) Within 30 days of the execution of each license

21 or authorization referred to in section 3(b), the Foundation

22 shall transmit a copy thereof to the Committee on Resources

23 of the United States House of Representatives and the Com24 mittee on Energy and Natural Resources of the United

25 States Senate.
10

S 1703 RS

1 ‘‘(c) No later than 5 years after the date of enactment

2 of this subsection, the Secretary of the Interior shall submit

3 to the Committee on Resources of the House of Representa4 tives and the Committee on Energy and Natural Resources

5 of the United States Senate a report assessing the cost, effec6 tiveness, and effects of the licensing and authorization pro7 gram established pursuant to section 3(b). The report shall

8 include, but not be limited to, assessments of the effect of

9 such program on—

10 ‘‘(1) visitation levels in the National Park Sys11 tem;

12 ‘‘(2) the image of the National Park System;

13 ‘‘(3) achievement of the needs and priorities of

14 the National Park Service;

15 ‘‘(4) appropriations for the National Park Sys16 tem; and

17 ‘‘(5) the costs of the Foundation and the Sec18 retary of the Interior to administer the program.’’;

19 and

20 (6) at the end, by inserting:

21 ‘‘SEC. 11. Whoever, without the authorization of the

22 Foundation, uses for purposes of trade, to induce the sale

23 of any good or service, to promote any commercial activity,

24 or for other commercial purpose the name of the Foundation

25 or any trademark, tradename, sign, symbol, emblem, insig-
11

S 1703 RS

1 nia, logo, likeness, or slogan referred to in section 3(b)(1),

2 or any facsimile or simulation thereof tending to cause con3 fusion, to cause mistake, to deceive, or to suggest falsely that

4 an individual, company, or particular good or service is

5 an official sponsor or official supporter of the National

6 Park System or National Park Service, shall be subject to

7 suit in a civil action by the Foundation for the remedies

8 provided in the Act of July 5, 1946, 60 Stat. 427 (15 U.S.C.

9 sec. 1051 et seq.).

10 ‘‘SEC. 12. Section 1 of Public Law 88–504 (36 U.S.C.

11 1101), as amended, is further amended by adding at the

12 end, ‘(78) The National Park Foundation’.’’.