II

103D CONGRESS

2D SESSION S. 2128

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

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 18 (legislative day, MAY 16), 1994

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. FINDINGS.

4 Congress finds the following:

5 (1) As of the date of enactment of this Act, the

6 existing infrastructure of Grand Canyon National

7 Park is not adequate to serve the purposes for which

8 the Park was established.

9 (2) Improving the infrastructure of the Park

10 would enhance the natural and cultural resources of
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1 the Park and the quality of the experiences of visi2 tors to the Park.

3 (3) Through the development of a general man4 agement plan, the Director of the National Park

5 Service has identified reasonable measures that are

6 necessary to improve the infrastructure and related

7 services of the Park, including making improvements

8 to transportation facilities and visitor services, and

9 reusing historic structures appropriately.

10 (4) In order for the Director to implement the

11 general management plan referred to in paragraph

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

13 be authorized to—

14 (A) enter into agreements with non-Fed15 eral entities to share the costs of the improve16 ments; and

17 (B) assess and collect a special surcharge

18 in addition to the entrance fees otherwise col19 lected by the National Park Service.

20 SEC. 2. GRAND CANYON ENTRANCE FEE SURCHARGE.

21 Notwithstanding any other provision of law, the Sec22 retary of the Interior shall—

23 (1) authorize the Superintendent of the Grand

24 Canyon National Park to charge and collect, in addi25 tion to the entrance fee collected pursuant to section
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1 4 of the Land and Water Conservation Fund Act of

2 1965 (16 U.S.C. 460l–6a), a surcharge in an

3 amount not to exceed $2 for each individual charged

4 such entrance fee; and

5 (2) remit to the special account for Grand Can6 yon National Park infrastructure improvement

7 amounts collected as a surcharge under such

8 authority.

9 SEC. 3. SPECIAL ACCOUNT FOR GRAND CANYON NATIONAL

10 PARK INFRASTRUCTURE IMPROVEMENT.

11 (a) ESTABLISHMENT.—The Secretary of the Treas12 ury, in consultation with the Secretary of the Interior,

13 shall establish in the Treasury of the United States a spe14 cial account for Grand Canyon National Park infrastruc15 ture improvement.

16 (b) ADMINISTRATION OF ACCOUNT.—The Secretary

17 of the Treasury shall—

18 (1) credit to the special account amounts remit19 ted pursuant to section 2(2); and

20 (2) make funds in the special account available

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

22 (c) USE OF FUNDS.—

23 (1) IN GENERAL.—The Secretary of the Inte24 rior, acting through the Director of the National

25 Park Service, may use funds in the special account
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1 only to pay the Federal share of the cost of eligible

2 projects.

3 (2) DAILY OPERATIONS.—No funds in the spe4 cial account may be used for daily operation of the

5 Grand Canyon National Park.

6 SEC. 4. ELIGIBLE PROJECTS.

7 (a) ELIGIBLE PROJECTS.—Subject to subsection (b),

8 any project for the design, construction, operation, main9 tenance, repair, or replacement of a facility within the

10 Grand Canyon National Park is eligible for funding in ac11 cordance with this Act.

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

13 (a) shall be consistent with—

14 (1) the laws governing the National Park

15 Service;

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

17 Grand Canyon National Park in the State of Ari18 zona’’, approved February 26, 1919 (16 U.S.C. 221

19 et seq.), the Grand Canyon National Park Enlarge20 ment Act (16 U.S.C. 228a et seq.), and any related

21 law; and

22 (3) the general management plan for the Park.
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1 SEC. 5. COST-SHARING AGREEMENTS WITH NON-FEDERAL

2 ENTITIES.

3 (a) AGREEMENTS REQUIRED.—The Director of the

4 National Park Service, in consultation with the Super5 intendent of the Grand Canyon National Park, shall enter

6 into a cost-sharing agreement with a non-Federal Govern7 ment entity for each eligible project.

8 (b) CONTENT.—The cost-sharing agreement shall

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

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

11 the non-Federal share by the non-Federal entity.

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

13 cost-sharing agreement may cover more than one eligible

14 project.

15 SEC. 6. REGULATIONS.

16 (a) REGULATIONS REQUIRED.—The Secretary of the

17 Interior shall prescribe regulations to carry out this Act.

18 (b) CONTENT.—The regulations shall include the fol19 lowing matters:

20 (1) The procedures for the management of the

21 special account.

22 (2) The manner in which funds for payment of

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

24 project may be solicited and acknowledged.
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1 (3) Provisions for ensuring the protection of the

2 natural, cultural, and other resources that the Park

3 was established to protect.

4 (4) Provisions to encourage funding from the

5 private sector only for projects that contribute to the

6 restoration and protection of the resources referred

7 to in paragraph (3).

8 (5) Protections against the commercialization of

9 the Grand Canyon National Park.

10 (6) Procedures to prevent the creation of a con11 flict of interest with respect to an employee of the

12 Federal Government.

13 (7) Provisions for continuous participation of

14 the general public in the oversight of the implemen15 tation of this Act.

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

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

18 553 of title 5, United States Code (relating to publication

19 of notice and opportunity for public comment), without re20 gard to any applicable exception provided in such section.

21 SEC. 7. REPORT.

22 (a) REPORT REQUIRED.—Not later than 5 years

23 after the date of enactment of this Act, the Secretary of

24 the Interior shall submit to Congress a report on the
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1 Grand Canyon National Park infrastructure improvement

2 authority provided in this Act.

3 (b) CONTENT OF REPORT.—The report shall include

4 the following matters:

5 (1) An assessment of the effectiveness of the

6 exercise of authority under this Act to improve the

7 infrastructure of the Grand Canyon National Park.

8 (2) Any recommended legislation with respect

9 to—

10 (A) the surcharge authorized under section

11 2;

12 (B) the special account;

13 (C) the use of the special account for fund14 ing eligible projects; or

15 (D) any other matter that the Secretary

16 determines to be related to the authority pro17 vided under this Act.

18 SEC. 8. DEFINITIONS.

19 As used in this Act:

20 (1) FACILITY.—The term ‘‘facility’’ includes

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

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

23 (A) the protection or restoration of a natu24 ral or cultural resource;

25 (B) an interpretive service; or
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1 (C) any other service or activity that the

2 Secretary determines to be related to the oper3 ation of the Grand Canyon National Park.

4 (2) FEDERAL SHARE.—The term ‘‘Federal

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

6 project, means the percent of the cost of such

7 project that is paid with Federal funds, including

8 funds disbursed from the special account.

9 (3) NON-FEDERAL SHARE.—The term ‘‘non10 Federal share’’, with respect to the cost of an eligi11 ble project, means the percent of the cost of such

12 project that is paid with funds other than funds re13 ferred to in paragraph (2).

14 (4) ELIGIBLE PROJECT.—The term ‘‘eligible

15 project’’ is any project that is eligible for funding in

16 accordance with this Act.

17 (5) SPECIAL ACCOUNT.—The terms ‘‘special ac18 count for Grand Canyon National Park infrastruc19 ture improvement’’ and ‘‘special account’’ mean the

20 account established pursuant to section 3.

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