II

104TH CONGRESS

1ST SESSION S. 150

To authorize an entrance fee surcharge at the Grand Canyon National Park,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 5, 1995

Mr. MCCAIN introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

To authorize an entrance fee surcharge at the Grand Canyon

National Park, 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 ‘‘Grand Canyon Public/

5 Private Partnership Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) as of the date of enactment of this Act, the

9 existing infrastructure of Grand Canyon National
2

•S 150 IS

1 Park is not adequate to serve the purposes for which

2 the Park was established;

3 (2) improving the infrastructure of the Park

4 would enhance the natural and cultural resources of

5 the Park and the quality of the experiences of visi6 tors to the Park;

7 (3) through the development of a general man8 agement plan, the Director of the National Park

9 Service has identified reasonable measures that are

10 necessary to improve the infrastructure and related

11 services of the Park, including making improvements

12 to transportation facilities and visitor services, and

13 reusing historic structures appropriately; and

14 (4) in order for the Director to implement the

15 general management plan referred to in paragraph

16 (3) at the Park, it is necessary for the Director to

17 be authorized to—

18 (A) enter into agreements with non-Fed19 eral entities to share the costs of the improve20 ments; and

21 (B) assess and collect a special surcharge

22 in addition to the entrance fees otherwise col23 lected by the National Park Service.

24 SEC. 3. DEFINITIONS.

25 In this Act:
3

•S 150 IS

1 (1) ELIGIBLE PROJECT.—The term ‘‘eligible

2 project’’ means any project that is eligible for fund3 ing in accordance with this Act.

4 (2) FACILITY.—The term ‘‘facility’’ includes

5 any structure, road, trail, utility, or other facility

6 that is used or to be used for or in support of—

7 (A) the protection or restoration of a natu8 ral or cultural resource;

9 (B) an interpretive service; or

10 (C) any other service or activity that the

11 Secretary determines to be related to the oper12 ation of the Park.

13 (3) FEDERAL SHARE.—The term ‘‘Federal

14 share’’, with respect to the cost of an eligible

15 project, means the percentage of the cost of the

16 project that is paid with Federal funds, including

17 funds disbursed from the special account.

18 (4) NATIONAL PARK FOUNDATION.—The term

19 ‘‘National Park Foundation’’ means the foundation

20 established under the Act entitled ‘‘An Act to estab21 lish the National Park Foundation’’, approved De22 cember 18, 1967 (16 U.S.C. 19e et seq.).

23 (5) NON-FEDERAL SHARE.—The term ‘‘non24 Federal share’’, with respect to the cost of an eligi25 ble project, means the percentage of the cost of the
4

•S 150 IS

1 project that is paid with funds other than funds re2 ferred to in paragraph (3).

3 (6) PARK.—The term ‘‘Park’’ means the Grand

4 Canyon National Park.

5 (7) SPECIAL ACCOUNT.—The terms ‘‘special ac6 count for Grand Canyon National Park infrastruc7 ture improvement’’ and ‘‘special account’’ mean the

8 account established pursuant to section 5.

9 SEC. 4. GRAND CANYON ENTRANCE FEE SURCHARGE.

10 Notwithstanding any other provision of law, the Sec11 retary of the Interior shall—

12 (1) authorize the Superintendent of the Grand

13 Canyon National Park to charge and collect, in addi14 tion to the entrance fee collected pursuant to section

15 4 of the Land and Water Conservation Fund Act of

16 1965 (16 U.S.C. 460l–6a), a surcharge in an

17 amount not to exceed $2 for each individual charged

18 the entrance fee; and

19 (2) remit to the special account for Grand Can20 yon National Park infrastructure improvement

21 amounts collected as a surcharge under paragraph

22 (1).
5

•S 150 IS

1 SEC. 5. SPECIAL ACCOUNT FOR GRAND CANYON NATIONAL

2 PARK INFRASTRUCTURE IMPROVEMENT.

3 (a) ESTABLISHMENT.—The Secretary of the Treas4 ury, in consultation with the National Park Foundation,

5 shall establish in the Treasury of the United States a spe6 cial account for Grand Canyon National Park infrastruc7 ture improvement.

8 (b) ADMINISTRATION OF ACCOUNT.—The Secretary

9 of the Treasury shall—

10 (1) credit to the special account amounts remit11 ted pursuant to section 4(2); and

12 (2) make funds in the special account available

13 for use only as provided in subsection (c).

14 (c) USE OF FUNDS.—

15 (1) IN GENERAL.—The National Park Founda16 tion may provide funds from the special account to

17 the Secretary of the Interior, acting through the Di18 rector of the National Park Service, to be used to

19 pay the Federal share of the cost of eligible projects.

20 (2) DAILY OPERATIONS.—No funds in the spe21 cial account may be used for daily operation of the

22 Park.

23 SEC. 6. ELIGIBLE PROJECTS.

24 (a) IN GENERAL.—Subject to subsection (b), any

25 project for the design, construction, operation, mainte-
6

•S 150 IS

1 nance, repair, or replacement of a facility within the Park

2 shall be eligible for funding in accordance with this Act.

3 (b) LIMITATION.—A project referred to in subsection

4 (a) shall be consistent with—

5 (1) the laws governing the National Park Serv6 ice;

7 (2) the Act entitled ‘‘An Act to establish the

8 Grand Canyon National Park in the State of Ari9 zona’’, approved February 26, 1919 (16 U.S.C. 221

10 et seq.), the Grand Canyon National Park Enlarge11 ment Act (16 U.S.C. 228a et seq.), and any related

12 law; and

13 (3) the general management plan for the Park.

14 SEC. 7. COST-SHARING AGREEMENTS WITH NON-FEDERAL

15 ENTITIES.

16 (a) IN GENERAL.—The Director of the National

17 Park Service, in consultation with the Superintendent of

18 the Grand Canyon National Park, shall enter into a cost19 sharing agreement with a non-Federal Government entity

20 for each eligible project for which funds are provided

21 under section 5(c)(1).

22 (b) CONTENT.—Each cost-sharing agreement shall

23 specify the Federal share and the non-Federal share of

24 the cost of the project and shall provide for payment of

25 the non-Federal share by the non-Federal entity.
7

•S 150 IS

1 (c) AUTHORITY TO COVER SEVERAL PROJECTS.—A

2 cost-sharing agreement may cover more than 1 eligible

3 project.

4 SEC. 8. REGULATIONS.

5 (a) IN GENERAL.—In consultation with the National

6 Park Foundation, the Secretary of the Interior shall issue

7 regulations to carry out this Act.

8 (b) CONTENT.—The regulations shall include—

9 (1) procedures for the management of the spe10 cial account;

11 (2) the manner in which funds for payment of

12 the non-Federal share of the cost of an eligible

13 project may be solicited and acknowledged;

14 (3) provisions for ensuring the protection of the

15 natural, cultural, and other resources that the Park

16 was established to protect;

17 (4) provisions to encourage funding from the

18 private sector only for projects that contribute to the

19 restoration and protection of the resources referred

20 to in paragraph (3);

21 (5) protections against the commercialization of

22 the Park;

23 (6) procedures to prevent the creation of a con24 flict of interest with respect to an employee of the

25 Federal Government; and
8

•S 150 IS

1 (7) provisions for continuous participation of

2 the general public in the oversight of the implemen3 tation of this Act.

4 (c) NOTICE AND PUBLIC COMMENT.—The Secretary

5 shall carry out subsection (a) in accordance with section

6 553 of title 5, United States Code, without regard to any

7 applicable exception provided in the section.

8 SEC. 9. REPORT.

9 (a) IN GENERAL.—Not later than 5 years after the

10 date of enactment of this Act, the Secretary of the Interior

11 shall submit to Congress a report on the Park infrastruc12 ture improvement authority provided in this Act.

13 (b) CONTENT OF REPORT.—The report shall in14 clude—

15 (1) an assessment of the effectiveness of the ex16 ercise of authority under this Act to improve the in17 frastructure of the Park; and

18 (2) any recommended legislation with respect

19 to—

20 (A) the surcharge authorized under section

21 4;

22 (B) the special account;

23 (C) the use of the special account for fund24 ing eligible projects; or
9

•S 150 IS

1 (D) any other matter that the Secretary

2 determines to be related to the authority pro3 vided under this Act.

Æ