II

104TH CONGRESS

2D SESSION S. 1703

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, and Mr.

KEMPTHORNE) introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

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:

6 (1) in section 1—

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

8 lieu thereof ‘‘therein, and to develop and imple9 ment means of securing funds from the private

10 sector,’’; and
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1 (B) by striking ‘‘to accept and administer

2 such gifts’’;

3 (2) in section 3—

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

5 and

6 (ii) by inserting at the end thereof the

7 following—

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

9 Foundation shall have exclusive authority to license or au10 thorize persons to use any trademark, tradename, sign,

11 symbol, emblem, insignia, logo, likeness or slogan to rep12 resent, promote, or advertise that an individual, company,

13 or particular good or service is an official sponsor or sup14 porter of the National Park System, National Park Serv15 ice, or any unit of the National Park System: Provided,

16 That any license or authorization referred to in this sub17 section shall be subject to the prior written approval of

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

19 authority: Provided further, That except as provided in

20 this Act, no person may use for commercial purposes any

21 trademark, tradename, sign, symbol, emblem, insignia,

22 slogan, or related artistic design belonging to the National

23 Park Service.’’;

24 (3) in section 4—
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1 (A) by inserting ‘‘and section 8(b)’’ be2 tween ‘‘transfer’’ and the comma;

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

4 ‘‘lease,’’ and ‘‘invest’’; and

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

6 Foundation’’ and inserting in lieu thereof

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

8 provided in section 8(b); operate any commer9 cial establishment or enterprise within any unit

10 of the National Park System; engage in any

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

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

13 1602(7)) concerning the management of the

14 National Park System; or’’;

15 (4) in section 8—

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

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

18 ‘‘(b) All of the income in the Foundation, net of oper19 ating expenses, any contributions to local government pur20 suant to subsection (a), and reserves determined necessary

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

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

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

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

25 Foundation, uses purposes of trade, to induce the sale of
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1 any good or service, or to promote any commercial activ2 ity, the name of the Foundation, or any trademark,

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

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

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

6 by the Foundation for the remedies provided in the Act

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

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

9 use.’’.

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