S. 1693

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

An Act

To provide for improved management and increased accountability for certain National Park Service programs, 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; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘National

Parks Omnibus Management Act of 1998’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition.

TITLE I—NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,

AND MANAGEMENT

Sec. 101. Protection, interpretation, and research in the National Park System.

Sec. 102. National Park Service employee training.

Sec. 103. Management development and training.

Sec. 104. Park budgets and accountability.

TITLE II—NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

Sec. 201. Purposes.

Sec. 202. Research mandate.

Sec. 203. Cooperative agreements.

Sec. 204. Inventory and monitoring program.

Sec. 205. Availability for scientific study.

Sec. 206. Integration of study results into management decisions.

Sec. 207. Confidentiality of information.

TITLE III—STUDY REGARDING ADDITION OF NEW NATIONAL PARK

SYSTEM AREAS

Sec. 301. Short title.

Sec. 302. Purpose.

Sec. 303. Study of addition of new National Park System areas.

TITLE IV—NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

Sec. 401. Short title.

Sec. 402. Congressional findings and statement of policy.

Sec. 403. Award of concessions contracts.

Sec. 404. Term of concessions contracts.

Sec. 405. Protection of concessioner investment.

Sec. 406. Reasonableness of rates.

Sec. 407. Franchise fees.

Sec. 408. Transfer of concessions contracts.

Sec. 409. National Park Service Concessions Management Advisory Board.

Sec. 410. Contracting for services.

Sec. 411. Multiple contracts within a park.

Sec. 412. Special rule for transportation contracting services.
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Sec. 413. Use of nonmonetary consideration in concessions contracts.

Sec. 414. Recordkeeping requirements.

Sec. 415. Repeal of National Park Service Concessions Policy Act.

Sec. 416. Promotion of the sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts.

Sec. 417. Regulations.

Sec. 418. Commercial use authorizations.

Sec. 419. Savings provision.

TITLE V—FEES FOR USE OF NATIONAL PARK SYSTEM

Sec. 501. Fees.

Sec. 502. Distribution of golden eagle passport sales.

TITLE VI—NATIONAL PARK PASSPORT PROGRAM

Sec. 601. Purposes.

Sec. 602. National Park passport program.

Sec. 603. Administration.

Sec. 604. Foreign sales of Golden Eagle Passports.

Sec. 605. Effect on other laws and programs.

TITLE VII—NATIONAL PARK FOUNDATION SUPPORT

Sec. 701. Promotion of local fundraising support.

TITLE VIII—MISCELLANEOUS PROVISIONS

Sec. 801. United States Park Police.

Sec. 802. Leases and cooperative management agreements.

SEC. 2. DEFINITION.

As used in this Act, the term ‘‘Secretary’’ means the Secretary

of the Interior, except as otherwise specifically provided.

TITLE I—NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING, AND

MANAGEMENT

SEC. 101. PROTECTION, INTERPRETATION, AND RESEARCH IN THE

NATIONAL PARK SYSTEM.

Recognizing the ever increasing societal pressures being placed

upon America’s unique natural and cultural resources contained

in the National Park System, the Secretary shall continually

improve the ability of the National Park Service to provide stateof-the-art management, protection, and interpretation of and

research on the resources of the National Park System.

SEC. 102. NATIONAL PARK SERVICE EMPLOYEE TRAINING.

The Secretary shall develop a comprehensive training program

for employees in all professional careers in the work force of the

National Park Service for the purpose of assuring that the work

force has available the best, up-to-date knowledge, skills and abilities with which to manage, interpret and protect the resources

of the National Park System.

SEC. 103. MANAGEMENT DEVELOPMENT AND TRAINING.

Within 2 years after the enactment of this Act, the Secretary

shall develop a clear plan for management training and development, whereby career, professional National Park Service employees

from any appropriate academic field may obtain sufficient training,

experience, and advancement opportunity to enable those qualified

to move into park management positions, including explicitly the

position of superintendent of a unit of the National Park System.
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SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.

(a) STRATEGIC AND PERFORMANCE PLANS FOR EACH UNIT.—

Each unit of the National Park System shall prepare and make

available to the public a 5-year strategic plan and an annual

performance plan. Such plans shall reflect the National Park Service

policies, goals, and outcomes represented in the Service-wide Strategic Plan, prepared pursuant to the provisions of the Government

Performance and Results Act of 1993 (Public Law 103–62; 107

Stat. 285).

(b) ANNUAL BUDGET FOR EACH UNIT.—As a part of the annual

performance plan for a unit of the National Park System prepared

pursuant to subsection (a), following receipt of the appropriation

for the unit from the Operations of the National Park System

account (but no later than January 1 of each year), the superintendent of the unit shall develop and make available to the public

the budget for the current fiscal year for that unit. The budget

shall include, at a minimum, funding allocations for resource

preservation (including resource management), visitor services

(including maintenance, interpretation, law enforcement, and search

and rescue) and administration. The budget shall also include

allocations into each of the above categories of all funds retained

from fees collected for that year, including (but not limited to)

special use permits, concession franchise fees, and recreation use

and entrance fees.

TITLE II—NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT

SEC. 201. PURPOSES.

The purposes of this title are—

(1) to more effectively achieve the mission of the National

Park Service;

(2) to enhance management and protection of national park

resources by providing clear authority and direction for the

conduct of scientific study in the National Park System and

to use the information gathered for management purposes;

(3) to ensure appropriate documentation of resource conditions in the National Park System;

(4) to encourage others to use the National Park System

for study to the benefit of park management as well as broader

scientific value, where such study is consistent with the Act

of August 25, 1916 (commonly known as the National Park

Service Organic Act; 16 U.S.C. 1 et seq.); and

(5) to encourage the publication and dissemination of

information derived from studies in the National Park System.

SEC. 202. RESEARCH MANDATE.

The Secretary is authorized and directed to assure that management of units of the National Park System is enhanced by the

availability and utilization of a broad program of the highest quality

science and information.
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SEC. 203. COOPERATIVE AGREEMENTS.

(a) COOPERATIVE STUDY UNITS.—The Secretary is authorized

and directed to enter into cooperative agreements with colleges

and universities, including but not limited to land grant schools,

in partnership with other Federal and State agencies, to establish

cooperative study units to conduct multi-disciplinary research and

develop integrated information products on the resources of the

National Park System, or the larger region of which parks are

a part.

(b) REPORT.—Within one year of the date of enactment of this

title, the Secretary shall report to the Committee on Energy and

Natural Resources of the United States Senate and the Committee

on Resources of the House of Representatives on progress in the

establishment of a comprehensive network of such college and

university based cooperative study units as will provide full

geographic and topical coverage for research on the resources contained in units of the National Park System and their larger regions.

SEC. 204. INVENTORY AND MONITORING PROGRAM.

The Secretary shall undertake a program of inventory and

monitoring of National Park System resources to establish baseline

information and to provide information on the long-term trends

in the condition of National Park System resources. The monitoring

program shall be developed in cooperation with other Federal monitoring and information collection efforts to ensure a cost-effective

approach.

SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY.

(a) IN GENERAL.—The Secretary may solicit, receive, and consider requests from Federal or non-Federal public or private agencies, organizations, individuals, or other entities for the use of

any unit of the National Park System for purposes of scientific

study.

(b) CRITERIA.—A request for use of a unit of the National

Park System under subsection (a) may only be approved if the

Secretary determines that the proposed study—

(1) is consistent with applicable laws and National Park

Service management policies; and

(2) will be conducted in a manner as to pose no threat

to park resources or public enjoyment derived from those

resources.

(c) FEE WAIVER.—The Secretary may waive any park admission

or recreational use fee in order to facilitate the conduct of scientific

study under this section.

(d) NEGOTIATIONS.—The Secretary may enter into negotiations

with the research community and private industry for equitable,

efficient benefits-sharing arrangements.

SEC. 206. INTEGRATION OF STUDY RESULTS INTO MANAGEMENT

DECISIONS.

The Secretary shall take such measures as are necessary to

assure the full and proper utilization of the results of scientific

study for park management decisions. In each case in which an

action undertaken by the National Park Service may cause a significant adverse effect on a park resource, the administrative record

shall reflect the manner in which unit resource studies have been

considered. The trend in the condition of resources of the National

Park System shall be a significant factor in the annual performance
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evaluation of each superintendent of a unit of the National Park

System.

SEC. 207. CONFIDENTIALITY OF INFORMATION.

Information concerning the nature and specific location of a

National Park System resource which is endangered, threatened,

rare, or commercially valuable, of mineral or paleontological objects

within units of the National Park System, or of objects of cultural

patrimony within units of the National Park System, may be withheld from the public in response to a request under section 552

of title 5, United States Code, unless the Secretary determines

that—

(1) disclosure of the information would further the purposes

of the unit of the National Park System in which the resource

or object is located and would not create an unreasonable

risk of harm, theft, or destruction of the resource or object,

including individual organic or inorganic specimens; and

(2) disclosure is consistent with other applicable laws

protecting the resource or object.

TITLE III—STUDY REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘National Park System New

Areas Studies Act’’.

SEC. 302. PURPOSE.

It is the purpose of this title to reform the process by which

areas are considered for addition to the National Park System.

SEC. 303. STUDY OF ADDITION OF NEW NATIONAL PARK SYSTEM

AREAS.

Section 8 of Public Law 91–383 (commonly known as the

National Park System General Authorities Act; 16 U.S.C. 1a–5)

is amended as follows:

(1) By inserting ‘‘GENERAL AUTHORITY.—’’ after ‘‘(a)’’.

(2) By striking the second through the sixth sentences

of subsection (a).

(3) By redesignating the last two sentences of subsection

(a) as subsection (f) and inserting in the first of such sentences

before the words ‘‘For the purposes of carrying’’ the following:

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—’’.

(4) By inserting the following after subsection (a):

‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDITION.—(1) At the

beginning of each calendar year, along with the annual budget

submission, the Secretary shall submit to the Committee on

Resources of the House of Representatives and to the Committee

on Energy and Natural Resources of the United States Senate

a list of areas recommended for study for potential inclusion in

the National Park System.

‘‘(2) In developing the list to be submitted under this subsection,

the Secretary shall consider—
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‘‘(A) those areas that have the greatest potential to meet

the established criteria of national significance, suitability, and

feasibility;

‘‘(B) themes, sites, and resources not already adequately

represented in the National Park System; and

‘‘(C) public petition and Congressional resolutions.

‘‘(3) No study of the potential of an area for inclusion in the

National Park System may be initiated after the date of enactment

of this subsection, except as provided by specific authorization of

an Act of Congress.

‘‘(4) Nothing in this Act shall limit the authority of the National

Park Service to conduct preliminary resource assessments, gather

data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys

of individual areas requiring a total expenditure of less than

$25,000.

‘‘(5) Nothing in this section shall be construed to apply to

or to affect or alter the study of any river segment for potential

addition to the national wild and scenic rivers system or to apply

to or to affect or alter the study of any trail for potential addition

to the national trails system.

‘‘(c) REPORT.—(1) The Secretary shall complete the study for

each area for potential inclusion in the National Park System

within 3 complete fiscal years following the date on which funds

are first made available for such purposes. Each study under this

section shall be prepared with appropriate opportunity for public

involvement, including at least one public meeting in the vicinity

of the area under study, and after reasonable efforts to notify

potentially affected landowners and State and local governments.

‘‘(2) In conducting the study, the Secretary shall consider

whether the area under study—

‘‘(A) possesses nationally significant natural or cultural

resources and represents one of the most important examples

of a particular resource type in the country; and

‘‘(B) is a suitable and feasible addition to the system.

‘‘(3) Each study—

‘‘(A) shall consider the following factors with regard to

the area being studied—

‘‘(i) the rarity and integrity of the resources;

‘‘(ii) the threats to those resources;

‘‘(iii) similar resources are already protected in the

National Park System or in other public or private ownership;

‘‘(iv) the public use potential;

‘‘(v) the interpretive and educational potential;

‘‘(vi) costs associated with acquisition, development and

operation;

‘‘(vii) the socioeconomic impacts of any designation;

‘‘(viii) the level of local and general public support;

and

‘‘(ix) whether the area is of appropriate configuration

to ensure long-term resource protection and visitor use;

‘‘(B) shall consider whether direct National Park Service

management or alternative protection by other public agencies

or the private sector is appropriate for the area;
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‘‘(C) shall identify what alternative or combination of alternatives would in the professional judgment of the Director

of the National Park Service be most effective and efficient

in protecting significant resources and providing for public

enjoyment; and

‘‘(D) may include any other information which the Secretary

deems to be relevant.

‘‘(4) Each study shall be completed in compliance with the

National Environmental Policy Act of 1969.

‘‘(5) The letter transmitting each completed study to Congress

shall contain a recommendation regarding the Secretary’s preferred

management option for the area.

‘‘(d) NEW AREA STUDY OFFICE.—The Secretary shall designate

a single office to be assigned to prepare all new area studies

and to implement other functions of this section.

‘‘(e) LIST OF AREAS.—At the beginning of each calendar year,

along with the annual budget submission, the Secretary shall submit to the Committee on Resources of the House of Representatives

and to the Committee on Energy and Natural Resources of the

Senate a list of areas which have been previously studied which

contain primarily historical resources, and a list of areas which

have been previously studied which contain primarily natural

resources, in numerical order of priority for addition to the National

Park System. In developing the lists, the Secretary should consider

threats to resource values, cost escalation factors, and other factors

listed in subsection (c) of this section. The Secretary should only

include on the lists areas for which the supporting data is current

and accurate.’’.

(5) By adding at the end of subsection (f) (as designated

by paragraph (3) of this section) the following: ‘‘For carrying

out subsections (b) through (d) there are authorized to be appropriated $2,000,000 for each fiscal year.’’.

TITLE IV—NATIONAL PARK SERVICE

CONCESSIONS MANAGEMENT

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘National Park Service Concessions Management Improvement Act of 1998’’.

SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF POLICY.

(a) FINDINGS.—In furtherance of the Act of August 25, 1916

(commonly known as the National Park Service Organic Act; 16

U.S.C. 1 et seq.), which directs the Secretary to administer units

of the National Park System in accordance with the fundamental

purpose of conserving their scenery, wildlife, and 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 hereby finds that the preservation and conservation

of park resources and values requires that such public accommodations, facilities, and services as have to be provided within such

units should be provided only under carefully controlled safeguards

against unregulated and indiscriminate use, so that—

(1) visitation will not unduly impair these resources and

values; and
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(2) development of public accommodations, facilities, and

services within such units can best be limited to locations

that are consistent to the highest practicable degree with the

preservation and conservation of the resources and values of

such units.

(b) POLICY.—It is the policy of the Congress that the development of public accommodations, facilities, and services in units

of the National Park System shall be limited to those accommodations, facilities, and services that—

(1) are necessary and appropriate for public use and enjoyment of the unit of the National Park System in which they

are located; and

(2) are consistent to the highest practicable degree with

the preservation and conservation of the resources and values

of the unit.

SEC. 403. AWARD OF CONCESSIONS CONTRACTS.

In furtherance of the findings and policy stated in section

402, and except as provided by this title or otherwise authorized

by law, the Secretary shall utilize concessions contracts to authorize

a person, corporation, or other entity to provide accommodations,

facilities, and services to visitors to units of the National Park

System. Such concessions contracts shall be awarded as follows:

(1) COMPETITIVE SELECTION PROCESS.—Except as otherwise

provided in this section, all proposed concessions contracts shall

be awarded by the Secretary to the person, corporation, or

other entity submitting the best proposal, as determined by

the Secretary through a competitive selection process. Such

competitive process shall include simplified procedures for

small, individually-owned, concessions contracts.

(2) SOLICITATION OF PROPOSALS.—Except as otherwise provided in this section, prior to awarding a new concessions

contract (including renewals or extensions of existing concessions contracts) the Secretary shall publicly solicit proposals

for the concessions contract and, in connection with such solicitation, the Secretary shall prepare a prospectus and shall publish notice of its availability at least once in local or national

newspapers or trade publications, and/or the Commerce Business Daily, as appropriate, and shall make the prospectus

available upon request to all interested parties.

(3) PROSPECTUS.—The prospectus shall include the following information:

(A) The minimum requirements for such contract as

set forth in paragraph (4).

(B) The terms and conditions of any existing concessions contract relating to the services and facilities to be

provided, including all fees and other forms of compensation

provided to the United States by the concessioner.

(C) Other authorized facilities or services which may

be provided in a proposal.

(D) Facilities and services to be provided by the Secretary to the concessioner, if any, including public access,

utilities, and buildings.

(E) An estimate of the amount of compensation, if

any, due an existing concessioner from a new concessioner

under the terms of a prior concessions contract.
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(F) A statement as to the weight to be given to each

selection factor identified in the prospectus and the relative

importance of such factors in the selection process.

(G) Such other information related to the proposed

concessions operation as is provided to the Secretary pursuant to a concessions contract or is otherwise available to

the Secretary, as the Secretary determines is necessary

to allow for the submission of competitive proposals.

(H) Where applicable, a description of a preferential

right to the renewal of the proposed concessions contract

held by an existing concessioner as set forth in paragraph

(7).

(4) MINIMUM REQUIREMENTS.—(A) No proposal shall be

considered which fails to meet the minimum requirements as

determined by the Secretary. Such minimum requirements

shall include the following:

(i) The minimum acceptable franchise fee or other

forms of consideration to the Government.

(ii) Any facilities, services, or capital investment

required to be provided by the concessioner.

(iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the unit of the

National Park System.

(B) The Secretary shall reject any proposal, regardless of

the franchise fee offered, if the Secretary determines that the

person, corporation, or entity is not qualified, is not likely

to provide satisfactory service, or that the proposal is not

responsive to the objectives of protecting and preserving

resources of the unit of the National Park System and of

providing necessary and appropriate facilities and services to

the public at reasonable rates.

(C) If all proposals submitted to the Secretary either fail

to meet the minimum requirements or are rejected by the

Secretary, the Secretary shall establish new minimum contract

requirements and re-initiate the competitive selection process

pursuant to this section.

(D) The Secretary may not execute a concessions contract

which materially amends or does not incorporate the proposed

terms and conditions of the concessions contract as set forth

in the applicable prospectus. If proposed material amendments

or changes are considered appropriate by the Secretary, the

Secretary shall resolicit offers for the concessions contract incorporating such material amendments or changes.

(5) SELECTION OF THE BEST PROPOSAL.—(A) In selecting

the best proposal, the Secretary shall consider the following

principal factors:

(i) The responsiveness of the proposal to the objectives

of protecting, conserving, and preserving resources of the

unit of the National Park System and of providing necessary and appropriate facilities and services to the public

at reasonable rates.

(ii) The experience and related background of the person, corporation, or entity submitting the proposal, including the past performance and expertise of such person,

corporation or entity in providing the same or similar facilities or services.
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(iii) The financial capability of the person, corporation,

or entity submitting the proposal.

(iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate

to the objectives of protecting, conserving, and preserving

resources of the unit of the National Park System and

of providing necessary and appropriate facilities to the

public at reasonable rates.

(B) The Secretary may also consider such secondary factors

as the Secretary deems appropriate.

(C) In developing regulations to implement this title, the

Secretary shall consider the extent to which plans for employment of Indians (including Native Alaskans) and involvement

of businesses owned by Indians, Indian tribes, or Native Alaskans in the operation of a concession, contracts should be

identified as a factor in the selection of a best proposal under

this section.

(6) CONGRESSIONAL NOTIFICATION.—The Secretary shall

submit any proposed concessions contract with anticipated

annual gross receipts in excess of $5,000,000 or a duration

of more than 10 years to the Committee on Resources of the

House of Representatives and the Committee on Energy and

Natural Resources of the Senate. The Secretary shall not award

any such proposed contract until at least 60 days subsequent

to the notification of both committees.

(7) PREFERENTIAL RIGHT OF RENEWAL.—(A) Except as provided in subparagraph (B), the Secretary shall not grant a

concessioner a preferential right to renew a concessions contract, or any other form of preference to a concessions contract.

(B) The Secretary shall grant a preferential right of renewal

to an existing concessioner with respect to proposed renewals

of the categories of concessions contracts described by paragraph (8), subject to the requirements of that paragraph.

(C) As used in this title, the term ‘‘preferential right of

renewal’’ means that the Secretary, subject to a determination

by the Secretary that the facilities or services authorized by

a prior contract continue to be necessary and appropriate within

the meaning of section 402, shall allow a concessioner qualifying

for a preferential right of renewal the opportunity to match

the terms and conditions of any competing proposal which

the Secretary determines to be the best proposal for a proposed

new concessions contract which authorizes the continuation

of the facilities and services provided by the concessioner under

its prior contract.

(D) A concessioner which successfully exercises a preferential right of renewal in accordance with the requirements

of this title shall be entitled to award of the proposed new

concessions contract to which such preference applies.

(8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.—(A) The provisions of paragraph (7) shall apply only

to the following:

(i) Subject to subparagraph (B), outfitting and guide

concessions contracts.

(ii) Subject to subparagraph (C), concessions contracts

with anticipated annual gross receipts under $500,000.

(B) For the purposes of this title, an ‘‘outfitting and guide

concessions contract’’ means a concessions contract which solely
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authorizes the provision of specialized backcountry outdoor

recreation guide services which require the employment of specially trained and experienced guides to accompany park visitors in the backcountry so as to provide a safe and enjoyable

experience for visitors who otherwise may not have the skills

and equipment to engage in such activity. Outfitting and guide

concessioners, where otherwise qualified, include concessioners

which provide guided river running, hunting, fishing, horseback, camping, and mountaineering experiences. An outfitting

and guide concessioner is entitled to a preferential right of

renewal under this title only if—

(i) the contract with the outfitting and guide concessioner does not grant the concessioner any interest, including any leasehold surrender interest or possessory interest,

in capital improvements on lands owned by the United

States within a unit of the National Park System, other

than a capital improvement constructed by a concessioner

pursuant to the terms of a concessions contract prior to

the date of the enactment of this title or constructed or

owned by a concessioner or his or her predecessor before

the subject land was incorporated into the National Park

System;

(ii) the Secretary determines that the concessioner has

operated satisfactorily during the term of the contract

(including any extension thereof); and

(iii) the concessioner has submitted a responsive proposal for a proposed new contract which satisfies the minimum requirements established by the Secretary pursuant

to paragraph (4).

(C) A concessioner that holds a concessions contract that

the Secretary estimates will result in gross annual receipts

of less than $500,000 if renewed shall be entitled to a preferential right of renewal under this title if—

(i) the Secretary has determined that the concessioner

has operated satisfactorily during the term of the contract

(including any extension thereof); and

(ii) the concessioner has submitted a responsive proposal for a proposed new concessions contract which satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).

(9) NEW OR ADDITIONAL SERVICES.—The Secretary shall

not grant a preferential right to a concessioner to provide

new or additional services in a unit of the National Park

System.

(10) SECRETARIAL AUTHORITY.—Nothing in this title shall

be construed as limiting the authority of the Secretary to determine whether to issue a concessions contract or to establish

its terms and conditions in furtherance of the policies expressed

in this title.

(11) EXCEPTIONS.—Notwithstanding the provisions of this

section, the Secretary may award, without public solicitation,

the following:

(A) A temporary concessions contract or an extension

of an existing concessions contract for a term not to exceed

3 years in order to avoid interruption of services to the

public at a unit of the National Park System, except that

prior to making such an award, the Secretary shall take
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all reasonable and appropriate steps to consider alternatives to avoid such interruption.

(B) A concessions contract in extraordinary circumstances where compelling and equitable considerations

require the award of a concessions contract to a particular

party in the public interest. Such award of a concessions

contract shall not be made by the Secretary until at least

30 days after publication in the Federal Register of notice

of the Secretary’s intention to do so and the reasons for

such action, and submission of notice to the Committee

on Energy and Natural Resources of the Senate and the

Committee on Resources of the House of Representatives.

SEC. 404. TERM OF CONCESSIONS CONTRACTS.

A concessions contract entered into pursuant to this title shall

generally be awarded for a term of 10 years or less. However,

the Secretary may award a contract for a term of up to 20 years

if the Secretary determines that the contract terms and conditions,

including the required construction of capital improvements, warrant a longer term.

SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT.

(a) LEASEHOLD SURRENDER INTEREST UNDER NEW CONCESSIONS

CONTRACTS.—On or after the date of the enactment of this title,

a concessioner that constructs a capital improvement upon land

owned by the United States within a unit of the National Park

System pursuant to a concessions contract shall have a leasehold

surrender interest in such capital improvement subject to the following terms and conditions:

(1) A concessioner shall have a leasehold surrender interest

in each capital improvement constructed by a concessioner

under a concessions contract, consisting solely of a right to

compensation for the capital improvement to the extent of

the value of the concessioner’s leasehold surrender interest

in the capital improvement.

(2) A leasehold surrender interest—

(A) may be pledged as security for financing of a capital

improvement or the acquisition of a concessions contract

when approved by the Secretary pursuant to this title;

(B) shall be transferred by the concessioner in connection with any transfer of the concessions contract and may

be relinquished or waived by the concessioner; and

(C) shall not be extinguished by the expiration or other

termination of a concessions contract and may not be taken

for public use except on payment of just compensation.

(3) The value of a leasehold surrender interest in a capital

improvement shall be an amount equal to the initial value

(construction cost of the capital improvement), increased (or

decreased) in the same percentage increase (or decrease) as

the percentage increase (or decrease) in the Consumer Price

Index, from the date of making the investment in the capital

improvement by the concessioner to the date of payment of

the value of the leasehold surrender interest, less depreciation

of the capital improvement as evidenced by the condition and

prospective serviceability in comparison with a new unit of

like kind.

(4) Effective 9 years after the date of the enactment of

this Act, the Secretary may provide, in any particular new
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concession contract the Secretary estimates will have a leasehold surrender interest of more than $10,000,000, that the

value of any leasehold surrender interest in a capital improvement shall be based on either (A) a reduction on an annual

basis, in equal portions, over the same number of years as

the time period associated with the straight line depreciation

of the initial value (construction cost of the capital improvement), as provided by applicable Federal income tax laws and

regulations in effect on the day before the date of the enactment

of this Act or (B) such alternative formula that is consistent

with the objectives of this title. The Secretary may only use

such an alternative formula if the Secretary determines, after

scrutiny of the financial and other circumstances involved in

this particular concession contract (including providing notice

in the Federal Register and opportunity for comment), that

such alternative formula is, compared to the standard method

of determining value provided for in paragraph (3), necessary

in order to provide a fair return to the Government and to

foster competition for the new contract by providing a reasonable opportunity to make a profit under the new contract.

If no responsive offers are received in response to a solicitation

that includes such an alternative formula, the concession opportunity shall be resolicited with the leasehold surrender interest

value as described in paragraph (3).

(5) Where a concessioner, pursuant to the terms of a concessions contract, makes a capital improvement to an existing

capital improvement in which the concessioner has a leasehold

surrender interest, the cost of such additional capital improvement shall be added to the then current value of the concessioner’s leasehold surrender interest.

(b) SPECIAL RULE FOR EXISTING POSSESSORY INTEREST.— (1) A concessioner which has obtained a possessory interest

as defined pursuant to Public Law 89–249 (commonly known

as the National Park Service Concessions Policy Act; 16 U.S.C.

20 et seq.), as in effect on the day before the date of the

enactment of this Act, under the terms of a concessions contract

entered into before that date shall, upon the expiration or

termination of such contract, be entitled to receive compensation for such possessory interest improvements in the amount

and manner as described by such concessions contract. Where

such a possessory interest is not described in the existing

contract, compensation of possessory interest shall be determined in accordance with the laws in effect on the day before

the date of enactment of this Act.

(2) In the event such prior concessioner is awarded a new

concessions contract after the effective date of this title replacing an existing concessions contract, the existing concessioner

shall, instead of directly receiving such possessory interest compensation, have a leasehold surrender interest in its existing

possessory interest improvements under the terms of the new

contract and shall carry over as the initial value of such leasehold surrender interest (instead of construction cost) an amount

equal to the value of the existing possessory interest as of

the termination date of the previous contract. In the event

of a dispute between the concessioner and the Secretary as

to the value of such possessory interest, the matter shall be

resolved through binding arbitration.
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(3) In the event that a new concessioner is awarded a

concessions contract and is required to pay a prior concessioner

for possessory interest in prior improvements, the new concessioner shall have a leasehold surrender interest in such prior

improvements and the initial value in such leasehold surrender

interest (instead of construction cost), shall be an amount equal

to the value of the existing possessory interest as of the termination date of the previous contract.

(c) TRANSITION TO SUCCESSOR CONCESSIONER.—Upon expiration

or termination of a concessions contract entered into after the

effective date of this title, a concessioner shall be entitled under

the terms of the concessions contract to receive from the United

States or a successor concessioner the value of any leasehold surrender interest in a capital improvement as of the date of such expiration or termination. A successor concessioner shall have a leasehold

surrender interest in such capital improvement under the terms

of a new contract and the initial value of the leasehold surrender

interest in such capital improvement (instead of construction cost)

shall be the amount of money the new concessioner is required

to pay the prior concessioner for its leasehold surrender interest

under the terms of the prior concessions contract.

(d) TITLE TO IMPROVEMENTS.—Title to any capital improvement

constructed by a concessioner on lands owned by the United States

in a unit of the National Park System shall be vested in the

United States.

(e) DEFINITIONS.—For purposes of this section:

(1) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price

Index’’ means the ‘‘Consumer Price Index—All Urban Consumers’’ published by the Bureau of Labor Statistics of the Department of Labor, unless such index is not published, in which

case another regularly published cost-of-living index approximating the Consumer Price Index shall be utilized by the

Secretary; and

(2) CAPITAL IMPROVEMENT.—The term ‘‘capital improvement’’ means a structure, fixture, or nonremovable equipment

provided by a concessioner pursuant to the terms of a concessions contract and located on lands of the United States within

a unit of the National Park System.

(f) SPECIAL REPORTING REQUIREMENT.— Not later than 7 years

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

submit a report to the Committee on Energy and Natural Resources

of the Senate and the Committee on Resources of the House of

Representatives containing a complete analysis of the concession

program as well as—

(1) an assessment of competition in the solicitation of

prospectuses, fair and/or increased return to the Government,

and improvement of concession facilities and infrastructure;

and

(2) an assessment of any problems with the management

and administration of the concession program that are a direct

result of the implementation of the provisions of this title.

SEC. 406. REASONABLENESS OF RATES.

(a) IN GENERAL.—Each concessions contract shall permit the

concessioner to set reasonable and appropriate rates and charges

for facilities, goods, and services provided to the public, subject

to approval under subsection (b).
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(b) APPROVAL BY SECRETARY REQUIRED.—A concessioner’s rates

and charges to the public shall be subject to approval by the

Secretary. The approval process utilized by the Secretary shall

be as prompt and as unburdensome to the concessioner as possible

and shall rely on market forces to establish reasonableness of

rates and charges to the maximum extent practicable. The Secretary

shall approve rates and charges that the Secretary determines

to be reasonable and appropriate. Unless otherwise provided in

the contract, the reasonableness and appropriateness of rates and

charges shall be determined primarily by comparison with those

rates and charges for facilities, goods, and services of comparable

character under similar conditions, with due consideration to the

following factors and other factors deemed relevant by the Secretary: length of season, peakloads, average percentage of occupancy, accessibility, availability and costs of labor and materials,

and type of patronage. Such rates and charges may not exceed

the market rates and charges for comparable facilities, goods, and

services, after taking into account the factors referred to in the

preceding sentence.

(c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than

6 months after receiving recommendations from the Advisory Board

established under section 409(a) regarding concessioner rates and

charges to the public, the Secretary shall implement the recommendations or report to the Congress the reasons for not

implementing the recommendations.

SEC. 407. FRANCHISE FEES.

(a) IN GENERAL.—A concessions contract shall provide for payment to the government of a franchise fee or such other monetary

consideration as determined by the Secretary, upon consideration

of the probable value to the concessioner of the privileges granted

by the particular contract involved. Such probable value shall be

based upon a reasonable opportunity for net profit in relation to

capital invested and the obligations of the contract. Consideration

of revenue to the United States shall be subordinate to the objectives

of protecting and preserving park areas and of providing necessary

and appropriate services for visitors at reasonable rates.

(b) AMOUNT OF FRANCHISE FEE.—The amount of the franchise

fee or other monetary consideration paid to the United States

for the term of the concessions contract shall be specified in the

concessions contract and may only be modified to reflect extraordinary unanticipated changes from the conditions anticipated as

of the effective date of the contract. The Secretary shall include

in concessions contracts with a term of more than 5 years a provision which allows reconsideration of the franchise fee at the request

of the Secretary or the concessioner in the event of such extraordinary unanticipated changes. Such provision shall provide for binding arbitration in the event that the Secretary and the concessioner

are unable to agree upon an adjustment to the franchise fee in

these circumstances.

(c) SPECIAL ACCOUNT.—All franchise fees (and other monetary

consideration) paid to the United States pursuant to concessions

contracts shall be deposited into a special account established in

the Treasury of the United States. Twenty percent of the funds

deposited in the special account shall be available for expenditure

by the Secretary, without further appropriation, to support activities

throughout the National Park System regardless of the unit of
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the National Park System in which the funds were collected. The

funds deposited into the special account shall remain available

until expended.

(d) SUBACCOUNT FOR EACH UNIT.—There shall be established

within the special account required under subsection (c) a subaccount for each unit of the National Park System. Each subaccount

shall be credited with 80 percent of the franchise fees (and other

monetary consideration) collected at a single unit of the National

Park System under concessions contracts. The funds credited to

the subaccount for a unit of the National Park System shall be

available for expenditure by the Secretary, without further appropriation, for use at the unit for visitor services and for purposes

of funding high-priority and urgently necessary resource management programs and operations. The funds credited to a subaccount

shall remain available until expended.

SEC. 408. TRANSFER OF CONCESSIONS CONTRACTS.

(a) APPROVAL OF THE SECRETARY.—No concessions contract or

leasehold surrender interest may be transferred, assigned, sold,

or otherwise conveyed or pledged by a concessioner without prior

written notification to, and approval by, the Secretary.

(b) CONDITIONS.—The Secretary shall approve a transfer or

conveyance described in subsection (a) unless the Secretary finds

that—

(1) the individual, corporation or entity seeking to acquire

a concessions contract is not qualified or able to satisfy the

terms and conditions of the concessions contract;

(2) such transfer or conveyance would have an adverse

impact on (A) the protection, conservation, or preservation of

the resources of the unit of the National Park System or (B)

the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and

(3) the terms of such transfer or conveyance are likely,

directly or indirectly, to reduce the concessioner’s opportunity

for a reasonable profit over the remaining term of the contract,

adversely affect the quality of facilities and services provided

by the concessioner, or result in a need for increased rates

and charges to the public to maintain the quality of such

facilities and services.

(c) TRANSFER TERMS.—The terms and conditions of any contract

under this section shall not be subject to modification or open

to renegotiation by the Secretary because of a transfer or conveyance

described in subsection (a), unless such transfer or conveyance

would have an adverse impact as described in paragraph (2) of

subsection (b).

SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

ADVISORY BOARD.

(a) ESTABLISHMENT.—There is hereby established a National

Park Service Concessions Management Advisory Board (in this

title referred to as the ‘‘Advisory Board’’) whose purpose shall

be to advise the Secretary and National Park Service on matters

relating to management of concessions in the National Park System.

(b) DUTIES.—

(1) ADVICE.—The Advisory Board shall advise on each of

the following:
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(A) Policies and procedures intended to assure that

services and facilities provided by concessioners are necessary and appropriate, meet acceptable standards at

reasonable rates with a minimum of impact on park

resources and values, and provide the concessioners with

a reasonable opportunity to make a profit.

(B) Ways to make National Park Service concessions

programs and procedures more cost effective, more process

efficient, less burdensome, and timelier.

(2) RECOMMENDATIONS.—The Advisory Board shall make

recommendations to the Secretary regarding each of the following:

(A) National Park Service contracting with the private

sector to conduct appropriate elements of concessions

management and providing recommendations to make more

efficient, less burdensome, and timelier the review or

approval of concessioner rates and charges to the public.

(B) The nature and scope of products which qualify

as Indian, Alaska Native, and Native Hawaiian handicrafts

within this meaning of this title.

(C) The allocation of concession fees.

The initial recommendations under subparagraph (A) relating

to rates and charges shall be submitted to the Secretary not

later than one year after the first meeting of the Board.

(3) ANNUAL REPORT.—The Advisory Board, commencing

with the first anniversary of its initial meeting, shall provide

an annual report on its activities to the Committee on Resources

of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States

Senate.

(c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory

Board shall be appointed on a staggered basis by the Secretary

for a term not to exceed 4 years and shall serve at the pleasure

of the Secretary. The Advisory Board shall be comprised of not

more than seven individuals appointed from among citizens of the

United States not in the employment of the Federal Government

and not in the employment of or having an interest in a National

Park Service concession. Of the seven members of the Advisory

Board—

(1) one member shall be privately employed in the hospitality industry and have both broad knowledge of hotel or

food service management and experience in the parks and

recreation concessions business;

(2) one member shall be privately employed in the tourism

industry;

(3) one member shall be privately employed in the accounting industry;

(4) one member shall be privately employed in the outfitting

and guide industry;

(5) one member shall be a State government employee

with expertise in park concession management;

(6) one member shall be active in promotion of traditional

arts and crafts; and

(7) one member shall be active in a nonprofit conservation

organization involved in parks and recreation programs.
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(d) TERMINATION.—The Advisory Board shall continue to exist

until December 31, 2008. In all other respects, it shall be subject

to the provisions of the Federal Advisory Committee Act.

(e) SERVICE ON ADVISORY BOARD.—Service of an individual

as a member of the Advisory Board shall not be considered as

service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise

imposing restrictions, requirements, or penalties in relation to the

employment of persons, the performance of services, or the payment

or receipt of compensation in connection with claims, proceedings,

or matters involving the United States. Service as a member of

the Advisory Board shall not be considered service in an appointive

or elective position in the Government for purposes of section 8344

of title 5, United States Code, or other comparable provisions of

Federal law.

SEC. 410. CONTRACTING FOR SERVICES.

(a) CONTRACTING AUTHORIZED.—(1) To the maximum extent

practicable, the Secretary shall contract with private entities to

conduct or assist in those elements of the management of the

National Park Service concessions program considered by the Secretary to be suitable for non-Federal performance. Such management elements include each of the following:

(A) Health and safety inspections.

(B) Quality control of concessions operations and facilities.

(C) Strategic capital planning for concessions facilities.

(D) Analysis of rates and charges to the public.

(2) The Secretary may also contract with private entities to

assist the Secretary with each of the following:

(A) Preparation of the financial aspects of prospectuses

for National Park Service concessions contracts.

(B) Development of guidelines for a national park system

capital improvement and maintenance program for all concession occupied facilities.

(C) Making recommendations to the Director of the

National Park Service regarding the conduct of annual audits

of concession fee expenditures.

(b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall also

consider, taking into account the recommendations of the Advisory

Board, contracting out other elements of the concessions management program, as appropriate.

(c) CONDITION.—Nothing in this section shall diminish the

governmental responsibilities and authority of the Secretary to

administer concessions contracts and activities pursuant to this

title and the Act of August 25, 1916 (commonly known as the

National Park Service Organic Act; 16 U.S.C. 1 et seq.). The Secretary reserves the right to make the final decision or contract

approval on contracting services dealing with the management of

the National Park Service concessions program under this section.

SEC. 411. MULTIPLE CONTRACTS WITHIN A PARK.

If multiple concessions contracts are awarded to authorize

concessioners to provide the same or similar outfitting, guiding,

river running, or other similar services at the same approximate

location or resource within a specific national park, the Secretary

shall establish a comparable franchise fee structure for all such

same or similar contracts, except that the terms and conditions
S. 1693—19

of any existing concessions contract shall not be subject to modification or open to renegotiation by the Secretary because of an award

of a new contract at the same approximate location or resource.

SEC. 412. SPECIAL RULE FOR TRANSPORTATION CONTRACTING SERVICES.

Notwithstanding any other provision of law, a service contract

entered into by the Secretary for the provision solely of transportation services in a unit of the National Park System shall be

no more than 10 years in length, including a base period of 5

years and annual extensions for an additional 5-year period based

on satisfactory performance and approval by the Secretary.

SEC. 413. USE OF NONMONETARY CONSIDERATION IN CONCESSIONS

CONTRACTS.

Section 321 of the Act of June 30, 1932 (40 U.S.C. 303b),

relating to the leasing of buildings and properties of the United

States, shall not apply to contracts awarded by the Secretary pursuant to this title.

SEC. 414. RECORDKEEPING REQUIREMENTS.

(a) IN GENERAL.—Each concessioner shall keep such records

as the Secretary may prescribe to enable the Secretary to determine

that all terms of the concessions contract have been and are being

faithfully performed, and the Secretary and any duly authorized

representative of the Secretary shall, for the purpose of audit and

examination, have access to such records and to other books, documents, and papers of the concessioner pertinent to the contract

and all terms and conditions thereof.

(b) ACCESS TO RECORDS.—The Comptroller General or any duly

authorized representative of the Comptroller General shall, until

the expiration of 5 calendar years after the close of the business

year of each concessioner or subconcessioner, have access to and

the right to examine any pertinent books, papers, documents and

records of the concessioner or subconcessioner related to the contract

or contracts involved.

SEC. 415. REPEAL OF NATIONAL PARK SERVICE CONCESSIONS POLICY

ACT.

(a) REPEAL.—Public Law 89–249 (commonly known as the

National Park Service Concessions Policy Act; 16 U.S.C. 20 et

seq.) is repealed. The repeal of such Act shall not affect the validity

of any concessions contract or permit entered into under such

Act, but the provisions of this title shall apply to any such contract

or permit except to the extent such provisions are inconsistent

with the terms and conditions of any such contract or permit.

References in this title to concessions contracts awarded under

authority of such Act also apply to concessions permits awarded

under such authority.

(b) CONFORMING AMENDMENTS.—(1) The fourth sentence of section 3 of the Act of August 25, 1916 (commonly known as the

National Park Service Organic Act; 16 U.S.C. 3), is amended—

(A) by striking all through ‘‘no natural’’ and inserting ‘‘No

natural,’’; and

(B) by striking the last proviso in its entirety.

(2) Section 12 of Public Law 91–383 (commonly known as

the National Park System General Authorities Act; 16 U.S.C. 1a–

7) is amended by striking subsection (c).
S. 1693—20

(3) The second paragraph under the heading ‘‘NATIONAL PARK

SERVICE’’ in the Act of July 31, 1953 (67 Stat. 261, 271), is repealed.

(c) ANILCA.—Nothing in this title amends, supersedes, or

otherwise affects any provision of the Alaska National Interest

Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to revenueproducing visitor services.

SEC. 416. PROMOTION OF THE SALE OF INDIAN, ALASKA NATIVE,

NATIVE SAMOAN, AND NATIVE HAWAIIAN HANDICRAFTS.

(a) IN GENERAL.—Promoting the sale of authentic United States

Indian, Alaskan Native, Native Samoan, and Native Hawaiian

handicrafts relating to the cultural, historical, and geographic

characteristics of units of the National Park System is encouraged,

and the Secretary shall ensure that there is a continuing effort

to enhance the handicraft trade where it exists and establish the

trade in appropriate areas where such trade currently does not

exist.

(b) EXEMPTION FROM FRANCHISE FEE.—In furtherance of these

purposes, the revenue derived from the sale of United States Indian,

Alaska Native, Native Samoan, and Native Hawaiian handicrafts

shall be exempt from any franchise fee payments under this title.

SEC. 417. REGULATIONS.

As soon as practicable after the effective date of this title,

the Secretary shall promulgate regulations appropriate for its

implementation. Among other matters, such regulations shall

include appropriate provisions to ensure that concession services

and facilities to be provided in a unit of the National Park System

are not segmented or otherwise split into separate concessions

contracts for the purposes of seeking to reduce anticipated annual

gross receipts of a concessions contract below $500,000. The Secretary shall also promulgate regulations which further define the

term ‘‘United States Indian, Alaskan Native, and Native Hawaiian

handicrafts’’ for the purposes of this title.

SEC. 418. COMMERCIAL USE AUTHORIZATIONS.

(a) IN GENERAL.—To the extent specified in this section, the

Secretary, upon request, may authorize a private person, corporation, or other entity to provide services to visitors to units of

the National Park System through a commercial use authorization.

Such authorizations shall not be considered as concessions contracts

pursuant to this title nor shall other sections of this title be

applicable to such authorizations except where expressly so stated.

(b) CRITERIA FOR ISSUANCE OF AUTHORIZATIONS.— (1) REQUIRED DETERMINATIONS.—The authority of this section may be used only to authorize provision of services that

the Secretary determines will have minimal impact on resources

and values of the unit of the National Park System and are

consistent with the purpose for which the unit was established

and with all applicable management plans and park policies

and regulations.

(2) ELEMENTS OF AUTHORIZATION.—The Secretary shall—

(A) require payment of a reasonable fee for issuance

of an authorization under this section, such fees to remain

available without further appropriation to be used, at a

minimum, to recover associated management and administrative costs;
S. 1693—21

(B) require that the provision of services under such

an authorization be accomplished in a manner consistent

to the highest practicable degree with the preservation

and conservation of park resources and values;

(C) take appropriate steps to limit the liability of the

United States arising from the provision of services under

such an authorization; and

(D) have no authority under this section to issue more

authorizations than are consistent with the preservation

and proper management of park resources and values,

and shall establish such other conditions for issuance of

such an authorization as the Secretary determines appropriate for the protection of visitors, provision of adequate

and appropriate visitor services, and protection and proper

management of the resources and values of the park.

(c) LIMITATIONS.—Any authorization issued under this section

shall be limited to—

(1) commercial operations with annual gross receipts of

not more than $25,000 resulting from services originating and

provided solely within a unit of the National Park System

pursuant to such authorization;

(2) the incidental use of resources of the unit by commercial

operations which provide services originating and terminating

outside of the boundaries of the unit; or

(3) such uses by organized children’s camps, outdoor clubs

and nonprofit institutions (including back country use) and

such other uses as the Secretary determines appropriate.

Nonprofit institutions are not required to obtain commercial use

authorizations unless taxable income is derived by the institution

from the authorized use.

(d) PROHIBITION ON CONSTRUCTION.—An authorization issued

under this section shall not provide for the construction of any

structure, fixture, or improvement on federally-owned lands within

the boundaries of a unit of the National Park System.

(e) DURATION.—The term of any authorization issued under

this section shall not exceed 2 years. No preferential right of renewal

or similar provisions for renewal shall be granted by the Secretary.

(f) OTHER CONTRACTS.—A person, corporation, or other entity

seeking or obtaining an authorization pursuant to this section shall

not be precluded from also submitting proposals for concessions

contracts.

SEC. 419. SAVINGS PROVISION.

(a) TREATMENT OF GLACIER BAY CONCESSION PERMITS PROSPEC- TUS.—Nothing contained in this title shall authorize or require

the Secretary to withdraw, revise, amend, modify, or reissue the

February 19, 1998, Prospectus Under Which Concession Permits

Will be Open for Competition for the Operation of Cruise Ship

Services Within Glacier Bay National Park and Preserve (in this

section referred to as the ‘‘1998 Glacier Bay Prospectus’’). The

award of concession permits pursuant to the 1998 Glacier Bay

Prospectus shall be under provisions of existing law at the time

the 1998 Glacier Bay Prospectus was issued.

(b) PREFERENTIAL RIGHT OF RENEWAL.—Notwithstanding any

provision of this title, the Secretary, in awarding future Glacier

Bay cruise ship concession permits covering cruise ship entries

for which a preferential right of renewal existed prior to the effective
S. 1693—22

date of this title, shall provide for such cruise ship entries a preferential right of renewal, as described in subparagraphs (C) and

(D) of section 403(7). Any Glacier Bay concession permit awarded

under the authority contained in this subsection shall expire by

December 31, 2009.

TITLE V—FEES FOR USE OF NATIONAL

PARK SYSTEM

SEC. 501. FEES.

Notwithstanding any other provision of law, where the National

Park Service or an entity under a service contract with the National

Park Service provides transportation to all or a portion of any

unit of the National Park System, the Secretary may impose a

reasonable and appropriate charge to the public for the use of

such transportation services in addition to any admission fee

required to be paid. Collection of both the transportation and admission fees may occur at the transportation staging area or any

other reasonably convenient location determined by the Secretary.

The Secretary may enter into agreements with public or private

entities, who qualify to the Secretary’s satisfaction, to collect the

transportation and admission fee. Such transportation fees collected

as per this section shall be retained by the unit of the National

Park System at which the transportation fee was collected and

the amount retained shall be expended only for costs associated

with the transportation systems at the unit where the charge was

imposed.

SEC. 502. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES.

Not later than 6 months after the date of enactment of this

title, the Secretary of the Interior and the Secretary of Agriculture

shall enter into an agreement providing for an apportionment

among each agency of all proceeds derived from the sale of Golden

Eagle Passports by private vendors. Such proceeds shall be apportioned to each agency on the basis of the ratio of each agency’s

total revenue from admission fees collected during the previous

fiscal year to the sum of all revenue from admission fees collected

during the previous fiscal year for all agencies participating in

the Golden Eagle Passport Program.

TITLE VI—NATIONAL PARK PASSPORT

PROGRAM

SEC. 601. PURPOSES.

The purposes of this title are—

(1) to develop a national park passport that includes a

collectible stamp to be used for admission to units of the

National Park System; and

(2) to generate revenue for support of the National Park

System.
S. 1693—23

SEC. 602. NATIONAL PARK PASSPORT PROGRAM.

(a) PROGRAM.—The Secretary shall establish a national park

passport program. A national park passport shall include a collectible stamp providing the holder admission to all units of the

National Park System.

(b) EFFECTIVE PERIOD.—A national park passport stamp shall

be effective for a period of 12 months from the date of purchase.

(c) TRANSFERABILITY.—A national park passport and stamp

shall not be transferable.

SEC. 603. ADMINISTRATION.

(a) STAMP DESIGN COMPETITION.—(1) The Secretary shall hold

an annual competition for the design of the collectible stamp to

be affixed to the national park passport.

(2) Each competition shall be open to the public and shall

be a means to educate the American people about the National

Park System.

(b) SALE OF PASSPORTS AND STAMPS.—(1) National park passports and stamps shall be sold through the National Park Service

and may be sold by private vendors on consignment in accordance

with guidelines established by the Secretary.

(2) A private vendor may be allowed to collect a commission

on each national park passport (including stamp) sold, as determined by the Secretary.

(3) The Secretary may limit the number of private vendors

of national park passports (including stamps).

(c) USE OF PROCEEDS.—

(1) The Secretary may use not more than 10 percent of

the revenues derived from the sale of national park passports

(including stamps) to administer and promote the national park

passport program and the National Park System.

(2) Net proceeds from the sale of national park passports

shall be deposited in a special account in the Treasury of

the United States and shall remain available until expended,

without further appropriation, for high priority visitor service

or resource management projects throughout the National Park

System.

(d) AGREEMENTS.—The Secretary may enter into cooperative

agreements with the National Park Foundation and other interested

parties to provide for the development and implementation of the

national park passport program and the Secretary shall take such

actions as are appropriate to actively market national park passports and stamps.

(e) FEE.—The fee for a national park passport and stamp shall

be $50.

SEC. 604. FOREIGN SALES OF GOLDEN EAGLE PASSPORTS.

The Secretary of Interior shall—

(1) make Golden Eagle Passports issued under section

4(a)(1)(A) of the Land and Water Conservation Fund Act of

1965 (16 U.S.C. 460l–6a(a)(1)(A)) or the Recreational Fee Demonstration Program authorized by section 315 of the Department of the Interior and Related Agencies Appropriations Act,

1996 (section 101(c) of Public Law 104–134; 16 U.S.C. 460l–

6a note), available to foreign visitors to the United States;

and
S. 1693—24

(2) make such Golden Eagle Passports available for purchase outside the United States, through commercial tourism

channels and consulates or other offices of the United States.

SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.

(a) PARK PASSPORT NOT REQUIRED.—A national park passport

shall not be required for—

(1) a single visit to a national park that charges a single

visit admission fee under section 4(a)(2) of the Land and Water

Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(a)(2)) or

the Recreational Fee Demonstration Program authorized by

section 315 of the Department of the Interior and Related

Agencies Appropriations Act, 1996 (section 101(c) of Public

Law 104–134; 16 U.S.C. 460l–6a note); or

(2) an individual who has obtained a Golden Age or Golden

Access Passport under paragraph (4) or (5) of section 4(a)

of the Land and Water Conservation Fund Act of 1965 (16

U.S.C. 460l–6a(a)).

(b) GOLDEN EAGLE PASSPORTS.—A Golden Eagle Passport

issued under section 4(a)(1)(A) of the Land and Water Conservation

Fund Act of 1965 (16 U.S.C. 460l–6a(a)(1)(A)) or such Recreational

Fee Demonstration Program (16 U.S.C. 460l–6a note) shall be honored for admission to each unit of the National Park System.

(c) ACCESS.—A national park passport shall provide access to

each unit of the National Park System under the same conditions,

rules, and regulations as apply to access with a Golden Eagle

Passport as of the date of enactment of this title.

(d) LIMITATIONS.—A national park passport may not be used

to obtain access to other Federal recreation fee areas outside of

the National Park System.

(e) EXEMPTIONS AND FEES.—A national park passport does not

exempt the holder from or provide the holder any discount on

any recreation use fee imposed under section 4(b) of the Land

and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(b))

or such Recreational Fee Demonstration Program (16 U.S.C. 460l–

6a note).

TITLE VII—NATIONAL PARK

FOUNDATION SUPPORT

SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

Public Law 90–209 (commonly known as the National Park

Foundation Act; 16 U.S.C. 19 et seq.) is amended by adding at

the end the following new section:

‘‘SEC. 11. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

‘‘(a) ESTABLISHMENT.—The Foundation shall design and implement a comprehensive program to assist and promote philanthropic

programs of support at the individual national park unit level.

‘‘(b) IMPLEMENTATION.—The program under subsection (a) shall

be implemented to—

‘‘(1) assist in the creation of local nonprofit support

organizations; and

‘‘(2) provide support, national consistency, and management-improving suggestions for local nonprofit support

organizations.
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‘‘(c) PROGRAM.—The program under subsection (a) shall include

the greatest number of national park units as is practicable.

‘‘(d) REQUIREMENTS.—The program under subsection (a) shall

include, at a minimum—

‘‘(1) a standard adaptable organizational design format to

establish and sustain responsible management of a local nonprofit support organization for support of a national park unit;

‘‘(2) standard and legally tenable bylaws and recommended

money-handling procedures that can easily be adapted as

applied to individual national park units; and

‘‘(3) a standard training curriculum to orient and expand

the operating expertise of personnel employed by local nonprofit

support organizations.

‘‘(e) ANNUAL REPORT.—The Foundation shall report the progress

of the program under subsection (a) in the annual report of the

Foundation.

‘‘(f) AFFILIATIONS.—

‘‘(1) CHARTER OR CORPORATE BYLAWS.—Nothing in this section requires—

‘‘(A) a nonprofit support organization or friends group

to modify current practices or to affiliate with the Foundation; or

‘‘(B) a local nonprofit support organization, established

as a result of this section, to be bound through its charter

or corporate bylaws to be permanently affiliated with the

Foundation.

‘‘(2) ESTABLISHMENT.—An affiliation with the Foundation

shall be established only at the discretion of the governing

board of a nonprofit organization.’’.

TITLE VIII—MISCELLANEOUS

PROVISIONS

SEC. 801. UNITED STATES PARK POLICE.

(a) APPOINTMENT OF TASK FORCE.—Not later than 60 days

after the date of enactment of this title, the Secretary shall appoint

a multidisciplinary task force to fully evaluate the shortfalls, needs,

and requirements of law enforcement programs in the National

Park Service, including a separate analysis for the United States

Park Police, which shall include a review of facility repair,

rehabilitation, equipment, and communication needs.

(b) SUBMISSION OF REPORT.—Not later than one year after

the date of enactment of this title, the Secretary shall submit

to the Committees on Energy and Natural Resources and Appropriations of the United States Senate and the Committees on Resources

and Appropriations of the United States House of Representatives

a report that includes—

(1) the findings and recommendations of the task force;

(2) complete justifications for any recommendations made;

and

(3) a complete description of any adverse impacts that

would occur if any need identified in the report is not met.
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SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS.

(a) IN GENERAL.—Section 3 of Public Law 91–383 (commonly

known as the National Park System General Authorities Act; 16

U.S.C. 1a–2) is amended by adding at the end the following:

‘‘(k) LEASES.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2)

and subject to paragraph (3), the Secretary may enter into

a lease with any person or governmental entity for the use

of buildings and associated property administered by the Secretary as part of the National Park System.

‘‘(2) PROHIBITED ACTIVITIES.—The Secretary may not use

a lease under paragraph (1) to authorize the lessee to engage

in activities that are subject to authorization by the Secretary

through a concessions contract, commercial use authorization,

or similar instrument.

‘‘(3) USE.—Buildings and associated property leased under

paragraph (1)—

‘‘(A) shall be used for an activity that is consistent

with the purposes established by law for the unit in which

the building is located;

‘‘(B) shall not result in degradation of the purposes

and values of the unit; and

‘‘(C) shall be compatible with National Park Service

programs.

‘‘(4) RENTAL AMOUNTS.—

‘‘(A) IN GENERAL.—With respect to a lease under paragraph (1)—

‘‘(i) payment of fair market value rental shall be

required; and

‘‘(ii) section 321 of the Act of June 30, 1932 (47

Stat. 412, chapter 314; 40 U.S.C. 303b) shall not apply.

‘‘(B) ADJUSTMENT.—The Secretary may adjust the

rental amount as appropriate to take into account any

amounts to be expended by the lessee for preservation,

maintenance, restoration, improvement, or repair and

related expenses.

‘‘(C) REGULATION.—The Secretary shall promulgate

regulations implementing this subsection that includes

provisions to encourage and facilitate competition in the

leasing process and provide for timely and adequate public

comment.

‘‘(5) SPECIAL ACCOUNT.— ‘‘(A) DEPOSITS.—Rental payments under a lease under

paragraph (1) shall be deposited in a special account in

the Treasury of the United States.

‘‘(B) AVAILABILITY.—Amounts in the special account

shall be available until expended, without further appropriation, for infrastructure needs at units of the National

Park System, including—

‘‘(i) facility refurbishment;

‘‘(ii) repair and replacement;

‘‘(iii) infrastructure projects associated with park

resource protection; and

‘‘(iv) direct maintenance of the leased buildings

and associated properties.

‘‘(C) ACCOUNTABILITY AND RESULTS.—The Secretary

shall develop procedures for the use of the special account
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that ensure accountability and demonstrated results

consistent with this Act.

‘‘(l) COOPERATIVE MANAGEMENT AGREEMENTS.—

‘‘(1) IN GENERAL.—Where a unit of the National Park System is located adjacent to or near a State or local park area,

and cooperative management between the National Park Service and a State or local government agency of a portion of

either park will allow for more effective and efficient management of the parks, the Secretary may enter into an agreement

with a State or local government agency to provide for the

cooperative management of the Federal and State or local park

areas. The Secretary may not transfer administration responsibilities for any unit of the National Park System under this

paragraph.

‘‘(2) PROVISION OF GOODS AND SERVICES.—Under a cooperative management agreement, the Secretary may acquire from

and provide to a State or local government agency goods and

services to be used by the Secretary and the State or local

governmental agency in the cooperative management of land.

‘‘(3) ASSIGNMENT.—An assignment arranged by the Secretary under section 3372 of title 5, United States Code, of

a Federal, State, or local employee for work in any Federal,

State, or local land or an extension of such an assignment

may be for any period of time determined by the Secretary

and the State or local agency to be mutually beneficial.’’.

(b) HISTORIC LEASE PROCESS SIMPLIFICATION.—The Secretary

is directed to simplify, to the maximum extent possible, the leasing

process for historic properties with the goal of leasing available

structures in a timely manner.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.