```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2121 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2121

To promote entrepreneurial management of the National Park Service, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 17 (legislative day, May 16), 1994

Mr. Johnston (by request) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To promote entrepreneurial management of the National Park Service, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Park Service 
Entrepreneurial Management Reform Act''.

SEC. 2. FINDINGS.

    In furtherance of the Act of August 25, 1916 (39 Stat. 535), as 
amended (16 U.S.C. 1, 2-4), which directs the Secretary of the Interior 
to administer areas of the National Park System in accordance with the 
fundamental purpose of conserving the scenery, wildlife, natural and 
historic objects, and providing for their enjoyment in a manner that 
will leave them unimpaired for the enjoyment of future generations, the 
Congress finds that--
            (1) management of the National Park System requires 
        entrepreneurial strategies that will enable the National Park 
        Service to meet the increasing demands placed on the System by 
        the American public; and
            (2) in order to preserve the natural and cultural resources 
        of the System for future generations and provide for 
        appropriate enjoyment of those resources, the National Park 
        Service must increase revenues by reforming the nature, level 
        and collection of fees, and increasing voluntary donations and 
        partnerships.

SEC. 3. DEFINITIONS.

    As used in this Act, the term--
            (1) ``park'' means a unit of the National Park System; and
            (2) ``Secretary'' means the Secretary of the Interior.

SEC. 4. FEES.

    (a) Admission Fees.--
            (1) In general.--The Secretary shall establish reasonable 
        admission fees to be charged at units of the National Park 
        System where the Secretary determines that such fees are 
        appropriate and feasible.
            (2) Annual passes.--For admission or entrance into any unit 
        of the National Park System designated by the Secretary 
        pursuant to this section, or into several specific units 
        located in a particular geographic area, or for entrance to all 
        units where an admission fee is charged, the Secretary is 
        authorized to make available annual admission permits for 
        reasonable fees to be determined by the Secretary.
            (3) Single visits.--The Secretary shall establish 
        reasonable admission fees for a single visit at any unit of the 
        National Park System designated by the Secretary pursuant to 
        this section for persons who choose not to purchase an annual 
        pass.
    (b) Recreation Use Fees.--The Secretary shall establish reasonable 
fees for specialized outdoor recreation sites, facilities, equipment, 
or services that are provided or furnished at Federal expense.
    (c) Special Park Uses.--The Secretary shall establish reasonable 
fees for uses of park units that require special arrangements including 
permits. The fees shall cover all costs or providing necessary services 
associated with special uses and shall be credited to the appropriation 
current at that time.
    (d) Retention of Fees.--(1) Except as provided below, fees 
collected pursuant to subsections 4 (a) and (b) of this Act shall be 
deposited in the special fund account established in section 4 of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 1-
6a(i)(4)).
    (2) Notwithstanding any other provision of law, beginning in fiscal 
year 1995 and thereafter, an amount equal to 15 percent of the total 
fees collected in the immediate preceding fiscal year pursuant to 
subsections 4 (a) and (b) shall be deducted from the current year 
collections and shall be deposited into a special fund established in 
the Treasury of the United States titled ``Fee Collection Support--
National Park System'' and shall be available to the Secretary without 
further appropriation to cover the costs of collection of the fees, to 
remain available until expended.
    (3) Notwithstanding any other provision of law, beginning in fiscal 
year 1996 and thereafter, 50 percent of the difference in additional 
receipts collected during the immediate preceding fiscal year as 
compared to total receipts collected in fiscal year 1993 shall be 
deducted from the current year collections and shall be covered into a 
special fund established in the Treasury of the United States titled 
``National Park Renewal Fund'', and shall be available to the Secretary 
without further appropriation for infrastructure needs at parks, 
including but not limited to facility refurbishment, repair and 
replacement, resources protection, interpretive/educational media 
(exhibits), and other infrastructure projects beneficial to park 
resources, to remain available until expended.
    (4) In fiscal year 1995 only, fees authorized to be collected 
pursuant to subsections 4 (a) and (b) of this Act may be collected only 
to the extent provided in advance in appropriations acts and shall be 
credited to the appropriate special fund accounts described in this 
Act. In addition, said fees shall be available for the purposes of this 
Act only to the extent provided in advance in appropriations acts and 
are authorized to be appropriated to remain available until expended. 
In fiscal year 1996 and thereafter, fees collected as authorized to be 
collected pursuant to subsections 4 (a) and (b) of this Act may be 
collected as authorized by this Act and shall be available as provided 
in this Act without further provision in appropriations acts.
    (e) Use of Fees.--The Secretary shall develop procedures for the 
use of these receipts that ensure accountability and demonstrated 
results consistent with the purposes of this Act. The Secretary shall 
report annually to Congress on the expenditure of funds from fees 
collected, beginning after the first full fiscal year following 
enactment of this Act.
    (f) Discounts.--In establishing the fees authorized in this 
section, the Secretary shall establish appropriate discounts for 
educational groups, persons sixty-two years of age or older, or persons 
who are blind or permanently disabled. The Secretary may also establish 
criteria when the fees may be waived for these groups or individuals.
    (g) Criteria.--All fees established pursuant to this section shall 
be fair and equitable, taking into consideration the direct and 
indirect cost to the Government, the benefits to the recipient, the 
public policy or interest served, the comparable fees charged by non-
Federal public and private agencies, the economic and administrative 
feasibility of fee collection and other pertinent factors. The 
Secretary shall from time to time review the fees for consistency with 
the provisions of this subsection and provide timely public notice of 
any proposed changes in the fees.

SEC. 5. DONATIONS.

    (a) Requests for Donations.--In addition to other authorities the 
Secretary may have to accept the donation of lands, buildings, other 
property, services, and moneys for the purposes of the National Park 
System, the Secretary is authorized to solicit donations of money, 
property, and services from individuals, corporations, foundations and 
other potential donors who the Secretary believes would wish to make 
such donations as an expression of support for the national parks. Such 
donations may be accepted and used for any authorized purpose or 
program of the National Park Service, and donations of money shall 
remain available for expenditure without fiscal year limitation. Any 
employees of the Department to whom this authority is delegated shall 
be set forth in regulations issued by the Secretary pursuant to 
paragraph (d).
    (b) Employee Participation.--Employees of the National Park Service 
may solicit donations only if the request is incidental to or in 
support of, and does not interfere with their primary duty of 
protecting and administering the parks or administering authorized 
programs, and only for the purpose of providing a level of resource 
protection, visitor facilities, or services for health and safety 
projects, recurring maintenance activities, or for other routine 
activities normally funded through annual agency appropriations. Such 
requests must be in accordance with guidelines issued pursuant to 
paragraph (d).
    (c) Prohibitions.--(1) A donation may not be accepted in exchange 
for a commitment to the donor on the part of the National Park Service 
or which attaches conditions inconsistent with applicable laws and 
regulations or that is conditioned upon or will require the expenditure 
of appropriated funds that are not available to the Department, or 
which compromises a criminal or civil position of the United States or 
any of its departments or agencies or the administrative authority of 
any agency of the United States.
    (2) In utilizing the authorities contained in this section 
employees of the National Park Service shall not directly conduct or 
execute major fund raising campaigns, but may cooperate with others 
whom the Secretary may designate to conduct such campaigns on behalf of 
the National Park Service.
    (d) Regulations and Guidance.--(1) The Secretary shall issue 
regulations setting forth those positions to which he has delegated his 
authority under paragraph (a) and the categories of employees of the 
National Park Service that are authorized to request donations pursuant 
to paragraph (b). Such regulations shall also set forth any limitations 
on the types of donations that will be requested or accepted as well as 
the sources of those donations.
    (2) The Secretary shall publish guidelines which set forth the 
criteria to be used in determining whether the solicitation or 
acceptance of contributions of lands, buildings, other property, 
services, moneys and other gifts or donations authorized by this 
section would reflect unfavorably upon the ability of the Department of 
the Interior or any employee to carry out its responsibilities or 
official duties in a fair and objective manner, or would compromise the 
integrity or the appearance of the integrity of its programs or any 
official involved in those programs. The Secretary shall also issue 
written guidance on the extent of the cooperation that may be provided 
by National Park Service employees in any major fund raising campaign 
which the Secretary has designated others to conduct pursuant to 
paragraph (c)(2).

SEC. 6. CHALLENGE COST-SHARE AGREEMENTS.

    (A) Agreements.--The Secretary is authorized to negotiate and enter 
into challenge cost-share agreements with cooperators. For purposes of 
this section, the term--
            (1) ``challenge cost-share agreement'' means any agreement 
        entered into between the Secretary and any cooperator for the 
        purpose of sharing costs or services in carrying out authorized 
        functions and responsibilities of the Secretary with respect to 
        the National Park System; and
            (2) ``cooperator'' means any State or local government, 
        public or private agency, organization, institution, 
        corporation, individual, or other entity.
    (b) Use of Federal Funds.--In carrying out challenge cost-share 
agreements, the Secretary is authorized, subject to appropriation, to 
provide the Federal funding share from any funds available to the 
National Park Service.

SEC. 7. COST RECOVERY FOR DAMAGE TO PARK RESOURCES.

    Any funds payable to United States as restitution on account of 
damage to park resources or property shall be paid to the Secretary. 
Any such funds, and any other funds received by the Secretary as a 
result of forfeiture, compromise, or settlement on account of damage to 
park resources or property shall be available without appropriation and 
may be expended by the Secretary without regard to fiscal year 
limitation to improve, protect, or rehabilitate any park resources or 
property which have been damaged by the action of a permittee or any 
unauthorized person.

SEC. 8. CONSISTENCY WITH OTHER LAWS.

    (a) Except as provided in subsection (b), to the extent that the 
provisions of this Act are inconsistent with section 4 of the Land and 
Water Conservation Act of 1965 as amended (16 U.S.C. 4601-6a) or any 
other provision of law, including any provision that prohibits or 
limits the charging of a reasonable recreation or other fee, the 
provisions of this Act shall prevail.
    (b) The following sections of the Land and Water Conservation Act 
of 1965 as amended (16 U.S.C. 4601-6a) will apply to this Act:
            (1) Rules and regulations; establishment; enforcement 
        powers; penalty for violations.--In accordance with the 
        provisions of this section, the Secretary may prescribe rules 
        and regulations for areas under his or her administration for 
        the collection of any fee established pursuant to this section. 
        Persons authorized to enforce any such rules or regulations 
        issued under this subsection may, within areas under the 
        administration or authority of the Secretary and with or, if 
        the offense is committed in his presence, without a warrant, 
        arrest any person who violates such rules and regulations. Any 
        person so arrested may be tried and sentenced by the United 
        States magistrate judge specifically designated for that 
        purpose by the court by which he was appointed, in the same 
        manner and subject to the same conditions as provided in 
        subsections (b), (c), (d), and (e) of section 3401 of title 18. 
        Any violations of the rules and regulations issued under this 
        subsection shall be punishable by a fine of not more than 
        $1000.
            (2) Criteria, posting and uniformity of fees.--Clear notice 
        that a fee has been established pursuant to this section shall 
        be prominently posted at each area and at appropriate locations 
        therein and shall be included in publications distributed at 
        such areas.
            (3) Contracts with public or private entities for visitor 
        reservation services.--The Secretary, under such terms and 
        conditions as he deems appropriate, may contract with any 
        public or private entity to provide visitor reservation 
        services. Any such contract may provide that the contractor 
        shall be permitted to deduct a commission to be fixed by the 
        agency head from the amount charged the public for providing 
        such services and to remit the net proceeds therefrom to the 
        contracting agency.
            (4) Federal and state laws unaffected.--Nothing in this Act 
        shall authorize Federal hunting or fishing licenses or fees or 
        charges for commercial or other activities not related to 
        recreation, nor shall it affect any rights or authority of the 
        States with respect to fish and wildlife, nor shall it repeal 
        or modify any provision of law that permits States or political 
        subdivisions to share in the revenues from Federal lands or any 
        provision of law that provides that any fees or charges 
        collected at particular Federal areas shall be used for or 
        credited to specific purposes or special funds as authorized by 
        that provision of law.
            (5) Selling of permits and collection of fees by volunteers 
        at designated areas; collecting agency duties; surety bonds; 
        selling of annual admission permits by public and private 
        entities under arrangements with collecting agency head.--When 
        authorized by the Secretary, volunteers at designated areas may 
        sell permits and collect fees authorized or established 
        pursuant to this section. The Secretary shall ensure that such 
        volunteers have adequate training regarding--
                    (A) the sale of permits and the collection of fees,
                    (B) the purposes and resources of the areas in 
                which they are assigned, and
                    (C) the provision of assistance and information to 
                visitors to the designated area.
        The Secretary shall require a surety bond for any such 
        volunteer performing services under this subsection. Funds 
        available to the collecting agency may be used to cover the 
        cost of any such surety bond. The head of the collecting agency 
        may enter into arrangements with qualified public or private 
        entities pursuant to which such entities may sell (without cost 
        to the United States) annual admission permits (including 
        Golden Eagle Passports) at any appropriate location.

                                 <all>
```