105TH CONGRESS

2D SESSION S. 1693

AN ACT

To provide for improved management and increased accountability for certain National Park Service programs, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Vision 2020 National

5 Parks System Restoration Act’’.
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1 SEC. 2. DEFINITIONS.

2 As used in this Act, the term—

3 (1) ‘‘Secretary’’ means the Secretary of the In4 terior, and

5 (2) ‘‘park’’ or ‘‘national park’’ means a unit of

6 the National Park System.

7 TITLE I—NATIONAL PARK SERV8 ICE CAREER DEVELOPMENT,

9 TRAINING AND MANAGEMENT

10 SEC. 101. PROTECTION, INTERPRETATION AND RESEARCH

11 IN THE NATIONAL PARK SYSTEM.

12 Recognizing the ever increasing societal pressures

13 being placed upon America’s unique natural and cultural

14 resources contained in the National Park System, the Sec15 retary shall continually improve the ability of the National

16 Park Service to provide state-of-the-art management, pro17 tection, and interpretation of and research on the re18 sources of the National Park System.

19 SEC. 102. NATIONAL PARK SERVICE EMPLOYEE TRAINING.

20 The Secretary shall develop a comprehensive training

21 program for employees in all professional careers in the

22 work force of the National Park Service for the purpose

23 of assuring that the work force has available the best, up24 to-date knowledge, skills and abilities with which to man25 age, interpret and protect the resources of the National

26 Park System.
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1 SEC. 103. MANAGEMENT DEVELOPMENT AND TRAINING.

2 The Secretary shall develop a clear plan for manage3 ment training and development, whereby career, profes4 sional National Park Service employees from any appro5 priate academic field may obtain sufficient training, expe6 rience, and advancement opportunity to enable those

7 qualified to move into park management positions, includ8 ing explicitly the position of park superintendent.

9 SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.

10 (a) STRATEGIC PLANS.—Each unit of the National

11 Park System shall prepare and make available to the pub12 lic a 5-year strategic plan and an annual performance

13 plan. Such plans shall reflect the National Park Service

14 policies, goals and outcomes represented in the Service15 wide Strategic Plan, prepared pursuant to the provisions

16 of the Government Performance and Results Act (Public

17 Law 103–62).

18 (b) PARK BUDGET.—As a part of each park’s annual

19 performance plan prepared pursuant to subsection (a) of

20 this section, following receipt of each park’s appropriation

21 from the Operations of the National Park System account

22 (but no later than January 1 of each year), each park

23 superintendent shall develop and make available to the

24 public the budget for the current fiscal year for that park.

25 The budget shall include, at a minimum, funding alloca26 tions for resource preservation (including resource man-
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1 agement), visitor services (including maintenance, inter2 pretation, law enforcement, and search and rescue) and

3 administration. The budget shall also include allocations

4 into each of the above categories of all funds retained from

5 fees collected for that year, including but not limited to

6 special use permits, concession franchise fees, and recre7 ation use and entrance fees.

8 TITLE II—NATIONAL PARK SYS9 TEM RESOURCE INVENTORY

10 AND MANAGEMENT

11 SEC. 201. PURPOSES.

12 The purposes of this title are—

13 (1) to more effectively achieve the mission of

14 the National Park Service;

15 (2) to enhance management and protection of

16 national park resources by providing clear authority

17 and direction for the conduct of scientific study in

18 the National Park System and to use the informa19 tion gathered for management purposes;

20 (3) to ensure appropriate documentation of re21 source conditions in the National Park System;

22 (4) to encourage others to use the National

23 Park System for study to the benefit of park man24 agement as well as broader scientific value, where
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1 such study is consistent with the Act of August 25,

2 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4); and

3 (5) to encourage the publication and dissemina4 tion of information derived from studies in the Na5 tional Park System.

6 SEC. 202. RESEARCH MANDATE.

7 The Secretary is authorized and directed to assure

8 that management of units of the National Park System

9 is enhanced by the availability and utilization of a broad

10 program of the highest quality science and information.

11 SEC. 203. COOPERATIVE AGREEMENTS.

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

13 authorized and directed to enter into cooperative agree14 ments with colleges and universities, including but not lim15 ited to land grant schools, in partnership with other Fed16 eral and State agencies, to establish cooperative study

17 units to conduct multi-disciplinary research and develop

18 integrated information products on the resources of the

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

20 are a part.

21 (b) REPORT.—Within one year of the date of enact22 ment of this title, the Secretary shall report to the Com23 mittee on Energy and Natural Resources of the United

24 States Senate and the Committee on Resources of the

25 House of Representatives on progress in the establishment
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1 of a comprehensive network of such college and university

2 based cooperative study units as will provide full geo3 graphic and topical coverage for research on the resources

4 contained in units of the National Park System and their

5 larger regions.

6 SEC. 204. INVENTORY AND MONITORING PROGRAM.

7 The Secretary shall undertake a program of inventory

8 and monitoring of National Park System resources to es9 tablish baseline information and to provide information on

10 the long-term trends in the condition of National Park

11 System resources. The monitoring program shall be devel12 oped in cooperation with other Federal monitoring and in13 formation collection efforts to ensure a cost-effective ap14 proach.

15 SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY.

16 (a) IN GENERAL.—The Secretary may solicit, receive,

17 and consider requests from Federal or non-Federal public

18 or private agencies, organizations, individuals, or other en19 tities for the use of any unit of the National Park System

20 for purposes of scientific study.

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

22 National Park System under subsection (a) may only be

23 approved if the Secretary determines that the proposed

24 study—
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1 (1) is consistent with applicable laws and Na2 tional Park Service management policies; and

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

4 significant threat to or broad impairment of park re5 sources or public enjoyment derived from those re6 sources.

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

8 park admission or recreational use fee in order to facilitate

9 the conduct of scientific study under this section.

10 SEC. 206. INTEGRATION OF STUDY RESULTS INTO MANAGE11 MENT DECISIONS.

12 The Secretary shall take such measures as are nec13 essary to assure the full and proper utilization of the re14 sults of scientific study for park management decisions.

15 In each case in which a park resource may be adversely

16 affected by an action undertaken by the National Park

17 Service, the administrative record shall reflect the manner

18 in which unit resource studies have been considered.

19 SEC. 207. CONFIDENTIALITY OF INFORMATION.

20 Information concerning the nature and location of a

21 park resource which is endangered, threatened, rare, or

22 commercially valuable, or for an object of cultural pat23 rimony within a unit of the National Park System, may

24 be withheld from the public in response to a request under
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1 section 552 of title 5, United States Code, unless the Sec2 retary determines that—

3 (1) disclosure of the information would further

4 the purposes of the park unit in which the resource

5 is located and would not create a substantial risk of

6 harm, theft, or destruction of the resource, including

7 individual specimens of any resource population; and

8 (2) disclosure is consistent with other applicable

9 laws protecting the resource.

10 TITLE III—PROCEDURES FOR

11 ESTABLISHMENT OF NEW

12 UNITS OF THE NATIONAL

13 PARK SYSTEM

14 SEC. 301. STUDIES OF AREAS FOR POTENTIAL INCLUSION

15 IN THE NATIONAL PARK SYSTEM.

16 Section 8 of Public Law 91–383 (16 U.S.C. 1a–5)

17 is amended—

18 (1) in subsection (a)—

19 (A) by inserting ‘‘GENERAL AUTHOR20 ITY.—’’ after ‘‘(a)’’;

21 (B) by striking the second through sixth

22 sentences; and

23 (C) by striking ‘‘For the purposes of carry24 ing out’’ and inserting the following:
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purposes of carrying out’’; and

3 (2) by inserting after subsection (a) the follow4 ing:

5 ‘‘(b) STUDIES OF AREAS FOR POTENTIAL INCLUSION

6 IN THE NATIONAL PARK SYSTEM.—

7 ‘‘(1)(A) At the beginning of each calendar year,

8 the Secretary shall submit to the Committee on En9 ergy and Natural Resources of the United States

10 Senate and the Committee on Resources of the

11 United States House of Representatives a list of

12 areas recommended for study for potential inclusion

13 as new units in the National Park System.

14 ‘‘(B) If the Secretary determines during a spe15 cific calendar year that no areas are recommended

16 for study for potential inclusion in the National

17 Park System, the Secretary is not required to sub18 mit the list referenced in subparagraph (A).

19 ‘‘(2) In developing the list submitted under this

20 subsection, the Secretary shall consider—

21 ‘‘(A) areas that have the greatest potential

22 for meeting the established criteria of national

23 significance, suitability, and feasibility;
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1 ‘‘(B) themes, sites, and resources not ade2 quately represented in the National Park Sys3 tem; and

4 ‘‘(C) public proposals and Congressional

5 requests.

6 ‘‘(3) Nothing in this subsection shall limit the

7 authority of the Secretary to conduct preliminary

8 planning activities, including—

9 ‘‘(A) the conduct of a preliminary resource

10 assessment;

11 ‘‘(B) collection of data on a potential study

12 area;

13 ‘‘(C) provision of technical and planning

14 assistance;

15 ‘‘(D) preparation or processing of a nomi16 nation for an administrative designation;

17 ‘‘(E) updating of a previous study; or

18 ‘‘(F) completion of a reconnaissance survey

19 of an area.

20 ‘‘(4) NATIONAL WILD AND SCENIC RIVERS SYS21 TEM; NATIONAL TRAILS SYSTEM.—Nothing in this

22 section applies to, affects, or alters the study of—

23 ‘‘(A) any river segment for potential addi24 tion to the National Wild and Scenic Rivers

25 System; or
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1 ‘‘(B) any trail for potential addition to the

2 National Trails System.

3 ‘‘(5) In conducting a study under this sub4 section, the Secretary shall—

5 ‘‘(A) provide adequate public notice and an

6 opportunity for public involvement, including at

7 least one public meeting in the vicinity of the

8 area under study; and

9 ‘‘(B) make reasonable efforts to notify po10 tentially affected landowners and State and

11 local governments.

12 ‘‘(6) In conducting a study of an area under

13 this subsection, the Secretary—

14 ‘‘(A) shall consider whether the area—

15 ‘‘(i) possesses nationally significant

16 natural, historic or cultural resources, or

17 outstanding recreational opportunities;

18 ‘‘(ii) represents one of the most im19 portant examples (singly or as part of a

20 group) of a particular resource type in the

21 United States; and

22 ‘‘(iii) is a suitable and feasible addi23 tion to the National Park System;

24 ‘‘(B) shall consider—
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1 ‘‘(i) the rarity and integrity of the re2 sources of the area;

3 ‘‘(ii) the threats to resources;

4 ‘‘(iii) whether similar resources are al5 ready protected in the National Park Sys6 tem or in other public or private owner7 ship;

8 ‘‘(iv) benefits to the public;

9 ‘‘(v) the interpretive and educational

10 potential of the area;

11 ‘‘(vi) costs associated with acquisition,

12 development, and operation of the area and

13 the source or revenue to pay for the cost;

14 ‘‘(vii) the socioeconomic impacts of in15 clusion of the area in the National Park

16 System;

17 ‘‘(viii) the level of local and general

18 public support for the inclusion;

19 ‘‘(ix) whether the area is of appro20 priate configuration to ensure long-term

21 resource protection and appropriate visitor

22 use; and

23 ‘‘(x) the potential impact on the inclu24 sion of the area on existing units of the

25 National Park System;
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1 ‘‘(C) shall consider whether direct manage2 ment by the Secretary or alternative protection

3 by other public agencies or the private sector is

4 most appropriate for the area;

5 ‘‘(D) shall identify what alternative, if any,

6 or what combination of alternatives would, as

7 determined by the Secretary, be most effective

8 and efficient in protecting significant resources

9 and providing for public enjoyment; and

10 ‘‘(E) may include any other information

11 that the Secretary considers pertinent.

12 ‘‘(7) The letter transmitting a completed study

13 to Congress shall contain a recommendation regard14 ing the preferred management option of the Sec15 retary for the area.

16 ‘‘(8) The Secretary shall complete a study of an

17 area for potential inclusion in the National Park

18 System within three years after the date funds are

19 made available for the study.

20 ‘‘(c) LIST OF PREVIOUSLY STUDIED AREAS WITH

21 HISTORICAL OR NATURAL RESOURCES.—

22 ‘‘(1) At the beginning of each calendar year,

23 the Secretary shall submit to the Committee on En24 ergy and Natural Resources of the United States
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1 Senate and to the Committee on Resources of the

2 United States House of Representatives—

3 ‘‘(A) a list of areas that have been pre4 viously studied under this section that contain

5 primarily historical or cultural resources, but

6 have not been added to the National Park Sys7 tem; and

8 ‘‘(B) a list of areas that have been pre9 viously studied under this section that contain

10 primarily natural resources, but have not been

11 added to the National Park System.

12 ‘‘(2) In developing a list under paragraph (1),

13 the Secretary shall consider the factors described in

14 subsection (b)(2).

15 ‘‘(3) The Secretary shall include on a list under

16 paragraph (1) only areas for which supporting data

17 are current and accurate.’’.

18 TITLE IV—NATIONAL PARK

19 SERVICE CONCESSION MAN20 AGEMENT

21 SEC. 401. SHORT TITLE.

22 This title may be cited as the ‘‘National Park Service

23 Concession Management Improvement Act of 1998’’.
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1 SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF

2 POLICY.

3 In furtherance of the Act of August 25, 1916 (39

4 Stat. 535), as amended (16 U.S.C. 1, 2–4), which directs

5 the Secretary of the Interior to administer areas of the

6 National Park System in accordance with the fundamental

7 purpose of conserving their scenery, wildlife, natural and

8 historic objects, and providing for their enjoyment in a

9 manner that will leave them unimpaired for the enjoyment

10 of future generations, the Congress hereby finds that the

11 preservation of park values requires that such public ac12 commodations, facilities and services as have to be pro13 vided within those areas should be provided only under

14 carefully controlled safeguards against unregulated and

15 indiscriminate use, so that heavy visitation will not unduly

16 impair these values and so that development of such facili17 ties can best be limited to locations where the least dam18 age to park values will be caused. It is the policy of the

19 Congress that such development shall be limited to those

20 that are necessary and appropriate for public use and en21 joyment of the unit of the National Park System in which

22 they are located and that are consistent to the highest

23 practicable degree with the preservation and conservation

24 of the units.
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1 SEC. 403. AWARD OF CONCESSION CONTRACTS.

2 In furtherance of the findings and policy stated in

3 section 402, and, except as provided by this title or other4 wise authorized by law, the Secretary shall utilize conces5 sion contracts to authorize private entities to provide ac6 commodations, facilities and services to visitors to areas

7 of the National Park System. Such concession contracts

8 shall be awarded as follows:

9 (1) COMPETITIVE SELECTION PROCESS.—Ex10 cept as otherwise provided in this section, all pro11 posed concession contracts shall be awarded by the

12 Secretary to the person, corporation, or other entity

13 submitting the best proposal as determined by the

14 Secretary through a competitive selection process.

15 Such competitive process shall include simplified

16 procedures for small, individually-owned, concession

17 contracts.

18 (2) SOLICITATION OF PROPOSALS.—Except as

19 otherwise provided in this section, prior to awarding

20 a new concession contract (including renewals or ex21 tensions of existing concession contracts) the Sec22 retary shall publicly solicit proposals for the conces23 sion contract and, in connection with such solicita24 tion, the Secretary shall prepare a prospectus and

25 shall publish notice of its availability at least once in

26 local or national newspapers or trade publications,
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1 and/or the Commerce Business Daily, as appro2 priate, and shall make the prospectus available upon

3 request to all interested parties.

4 (3) PROSPECTUS.—The prospectus shall in5 clude, but need not be limited to, the following infor6 mation—

7 (A) the minimum requirements for such

8 contract as set forth in paragraph (4);

9 (B) the terms and conditions of any exist10 ing concession contract relating to the services

11 and facilities to be provided, including all fees

12 and other forms of compensation provided to

13 the United States by the concessioner;

14 (C) other authorized facilities or services

15 which may be provided in a proposal;

16 (D) facilities and services to be provided by

17 the Secretary to the concessioner, if any, includ18 ing, but not limited to, public access, utilities,

19 and buildings;

20 (E) an estimate of the amount of com21 pensation, if any, due an existing concessioner

22 from a new concessioner under the terms of a

23 prior concession contract;

24 (F) a statement as to the weight to be

25 given to each selection factor identified in the
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1 prospectus and the relative importance of such

2 factors in the selection process;

3 (G) such other information related to the

4 proposed concession operation as is provided to

5 the Secretary pursuant to a concession contract

6 or is otherwise available to the Secretary, as the

7 Secretary determines is necessary to allow for

8 the submission of competitive proposals; and

9 (H) where applicable, a description of a

10 preferential right to the award of the proposed

11 concession contract held by an existing conces12 sioner as set forth in paragraph (7).

13 (4) MINIMUM REQUIREMENTS.—

14 (A) No proposal shall be considered which

15 fails to meet the minimum requirements as de16 termined by the Secretary. Such minimum re17 quirements shall include, but need not be lim18 ited to—

19 (i) the minimum acceptable franchise

20 fee or other forms of consideration to the

21 Government;

22 (ii) any facilities, services, or capital

23 investment required to be provided by the

24 concessioner; and
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1 (iii) measures necessary to ensure the

2 protection and preservation of park re3 sources.

4 (B) The Secretary shall reject any pro5 posal, regardless of the franchise fee offered, if

6 the Secretary determines that the person, cor7 poration or entity is not qualified, is not likely

8 to provide satisfactory service, or that the pro9 posal is not responsive to the objectives of pro10 tecting and preserving park resources and of

11 providing necessary and appropriate facilities

12 and services to the public at reasonable rates.

13 (C) If all proposals submitted to the Sec14 retary either fail to meet the minimum require15 ments or are rejected by the Secretary, the Sec16 retary shall establish new minimum contract re17 quirements and re-initiate the competitive selec18 tion process pursuant to this section.

19 (D) The Secretary may not execute a con20 cession contract which materially amends or

21 does not incorporate the proposed terms and

22 conditions of the concession contract as set

23 forth in the applicable prospectus. If proposed

24 material amendments or changes are considered

25 appropriate by the Secretary, the Secretary
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1 shall resolicit offers for the concession contract

2 incorporating such material amendments or

3 changes.

4 (5) SELECTION OF THE BEST PROPOSAL.—

5 (A) In selecting the best proposal, the Sec6 retary shall consider the following principal fac7 tors:

8 (i) The responsiveness of the proposal

9 to the objectives of protecting and preserv10 ing park resources and values and of pro11 viding necessary and appropriate facilities

12 and services to the public at reasonable

13 rates.

14 (ii) The experience and related back15 ground of the person, corporation, or en16 tity submitting the proposal, including but

17 not limited to, the past performance and

18 expertise of such person, corporation or en19 tity in providing the same or similar facili20 ties or services.

21 (iii) The financial capability of the

22 person, corporation or entity submitting

23 the proposal.

24 (iv) The proposed franchise fee: Pro25 vided, That consideration of revenue to the
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1 United States shall be subordinate to the

2 objectives of protecting and preserving

3 park resources and of providing necessary

4 and appropriate facilities to the public at

5 reasonable rates.

6 (B) The Secretary may also consider such

7 secondary factors as the Secretary deems ap8 propriate.

9 (C) In developing regulations to implement

10 this title, the Secretary shall consider the extent

11 to which plans for employment of Indians (in12 cluding Native Alaskans) and involvement of

13 businesses owned by Indians, Indian tribes, or

14 Native Alaskans in the operation of a conces15 sion, contracts should be identified as a factor

16 in the selection of a best proposal under this

17 section.

18 (6) CONGRESSIONAL NOTIFICATION.—The Sec19 retary shall submit any proposed concession contract

20 with anticipated annual gross receipts in excess of

21 $5,000,000 or a duration of ten years or more to the

22 Committee on Energy and Natural Resources of the

23 United States Senate and the Committee on Re24 sources of the United States House of Representa25 tives. The Secretary shall not award any such pro-
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1 posed contract until at least 60 days subsequent to

2 the notification of both committees.

3 (7) PREFERENTIAL RIGHT OF RENEWAL.—

4 (A) Except as provided in subparagraph

5 (B), the Secretary shall not grant a conces6 sioner a preferential right to renew a concession

7 contract, or any other form of preference to a

8 concession contract.

9 (B) The Secretary shall grant a pref10 erential right of renewal to an existing conces11 sioner with respect to proposed renewals of the

12 categories of concession contracts described by

13 paragraph (8), subject to the requirements of

14 that paragraph.

15 (C) As used in this title, the term ‘‘pref16 erential right of renewal’’ means that the Sec17 retary, subject to a determination by the Sec18 retary that the facilities or services authorized

19 by a prior contract continue to be necessary

20 and appropriate within the meaning of section

21 402 of this title, shall allow a concessioner

22 qualifying for a preferential right of renewal the

23 opportunity to match the terms and conditions

24 of any competing proposal which the Secretary

25 determines to be the best proposal for a pro-
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1 posed new concession contract which authorizes

2 the continuation of the facilities and services

3 provided by the concessioner under its prior

4 contract.

5 (D) A concessioner which successfully exer6 cises a preferential right of renewal in accord7 ance with the requirements of this title shall be

8 entitled to award of the proposed new conces9 sion contract to which such preference applies.

10 (8) OUTFITTER AND GUIDE SERVICES AND

11 SMALL CONTRACTS.—The provisions of paragraph

12 (7) shall apply only to concession contracts authoriz13 ing outfitter and guide services and concession con14 tracts with anticipated annual gross receipts under

15 $500,000 as further described below and which oth16 erwise qualify as follows:

17 (A) OUTFITTING AND GUIDE CON18 TRACTS.—For the purposes of this title, an

19 ‘‘outfitting and guide concession contract’’

20 means a concession contract which solely au21 thorizes the provision of specialized backcountry

22 outdoor recreation guide services which require

23 the employment of specially trained and experi24 enced guides to accompany park visitors in the

25 backcountry so as to provide a safe and enjoy-
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1 able experience for visitors who otherwise may

2 not have the skills and equipment to engage in

3 such activity. Outfitting and guide conces4 sioners, where otherwise qualified, include, but

5 are not limited to, concessioners which provide

6 guided river running, hunting, fishing, horse7 back, camping, and mountaineering experiences.

8 An outfitting and guide concessioner is entitled

9 to a preferential right of renewal under this

10 title only if—

11 (i) the contract the outfitting and

12 guide concessioner holds does not grant the

13 concessioner any interest, including, but

14 not limited to, any leasehold surrender in15 terest or possessory interest, in capital im16 provements on lands owned by the United

17 States within a unit of the National Park

18 System: Provided, That this limitation

19 shall not apply to capital improvements

20 constructed by a concessioner pursuant to

21 the terms of a concession contract prior to

22 the effective date of this title; and

23 (ii) the Secretary determines that the

24 concessioner has operated satisfactorily
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1 during the term of the contract (including

2 any extension thereof); and

3 (iii) the concessioner has submitted a

4 responsive proposal for a proposed new

5 contract which satisfies the minimum re6 quirements established by the Secretary

7 pursuant to paragraph (4).

8 (B) CONTRACTS WITH ANTICIPATED AN9 NUAL GROSS RECEIPTS UNDER $500,000.—A

10 concessioner which holds a concession contract

11 where the Secretary has estimated that its re12 newal will result in gross annual receipts of less

13 than $500,000 shall be entitled to a preferential

14 right of renewal under this title if—

15 (i) the Secretary has determined that

16 the concessioner has operated satisfactorily

17 during the term of the contract (including

18 any extension thereof); and

19 (ii) the concessioner has submitted a

20 responsive proposal for a proposed new

21 concession contract which satisfies the

22 minimum requirements established by the

23 Secretary pursuant to paragraph (4).

24 (9) NEW OR ADDITIONAL SERVICES.—The Sec25 retary shall not grant a preferential right to a con-
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1 cessioner to provide new or additional services in a

2 park.

3 (10) SECRETARIAL AUTHORITY.—Nothing in

4 this title shall be construed as limiting the authority

5 of the Secretary to determine whether to issue a

6 concession contract or to establish its terms and

7 conditions in furtherance of the policies expressed in

8 this title.

9 (11) EXCEPTIONS.—Notwithstanding the provi10 sions of this section, the Secretary may award, with11 out public solicitation—

12 (A) a temporary concession contract or ex13 tend an existing concession contract for a term

14 not to exceed three years in order to avoid

15 interruption of services to the public at a park,

16 except that prior to making such an award, the

17 Secretary shall take all reasonable and appro18 priate steps to consider alternatives to avoid

19 such interruption; and

20 (B) a concession contract in extraordinary

21 circumstances where compelling and equitable

22 considerations require the award of a conces23 sion contract to a particular party in the public

24 interest. Such award of a concession contract

25 shall not be made by the Secretary until at
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1 least thirty days after publication in the Fed2 eral Register of notice of the Secretary’s inten3 tion to do so and the reasons for such action,

4 and notice to the Committee on Energy and

5 Natural Resources of the United States Senate

6 and the Committee on Resources of the United

7 States House of Representatives.

8 SEC. 404. TERM OF CONCESSION CONTRACTS.

9 A concession contract entered into pursuant to this

10 title shall be awarded for a term not to exceed 10 years:

11 Provided, That the Secretary may award a contract for

12 a term of up to 20 years if the Secretary determines that

13 the contract terms and conditions, including the required

14 construction of capital improvements, warrant a longer

15 term.

16 SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT.

17 (a) LEASEHOLD SURRENDER INTEREST UNDER

18 NEW CONCESSION CONTRACTS.—

19 (1) On or after the date of enactment of this

20 title, a concessioner which constructs a capital im21 provement upon land owned by the United States

22 within a unit of the National Park System pursuant

23 to a concession contract, shall have a leasehold sur24 render interest in such capital improvement subject

25 to the following terms and conditions:
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1 (A) A concessioner shall have a property

2 right in each capital improvement constructed

3 by a concessioner under a concession contract,

4 consisting solely of a right to compensation for

5 the capital improvement to the extent of the

6 value of the concessioner’s leasehold surrender

7 interest in the capital improvement.

8 (B) A leasehold surrender interest—

9 (i) may be pledged as security for fi10 nancing of a capital improvement or the

11 acquisition of a concession contract when

12 approved by the Secretary pursuant to this

13 title;

14 (ii) shall be transferred by the conces15 sioner in connection with any transfer of

16 the concession contract and may be relin17 quished or waived by the concessioner; and

18 (iii) shall not be extinguished by the

19 expiration or other termination of a con20 cession contract and may not be taken for

21 public use except on payment of just com22 pensation.

23 (C) The value of a leasehold surrender in24 terest in a capital improvement shall be an

25 amount equal to the initial value (construction
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1 cost of the capital improvement), increased (or

2 decreased) in the same percentage increase (or

3 decrease) as the percentage increase (or de4 crease) in the Consumer Price Index, from the

5 date of making the investment in the capital

6 improvement by the concessioner to the date of

7 payment of the value of the leasehold surrender

8 interest, less depreciation of the capital im9 provement as evidenced by the condition and

10 prospective serviceability in comparison with a

11 new unit of like kind.

12 (D) Where a concessioner, pursuant to the

13 terms of a concession contract, makes a capital

14 improvement to an existing capital improvement

15 in which the concessioner has a leasehold sur16 render interest, the cost of such additional cap17 ital improvement shall be added to the then

18 current value of the concessioner’s leasehold

19 surrender interest.

20 (E) For purposes of this section, the

21 term—

22 (i) ‘‘Consumer Price Index’’ means

23 the ‘‘Consumer Price Index—All Urban

24 Consumers’’ published by the Bureau of

25 Labor Statistics of the Department of
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1 Labor, unless such index is not published,

2 in which case another regularly published

3 cost-of-living index approximating the Con4 sumer Price Index shall be utilized by the

5 Secretary; and

6 (ii) ‘‘capital improvement’’ means a

7 structure, fixture, or nonremovable equip8 ment provided by a concessioner pursuant

9 to the terms of a concession contract and

10 located on lands of the United States with11 in a unit of the National Park System.

12 (b) SPECIAL RULE FOR EXISTING POSSESSORY IN13 TEREST.—

14 (1) A concessioner which has obtained a

15 possessory interest as defined in Public Law 89–249

16 under the terms of a concession contract entered

17 into prior to the date of enactment of this title shall,

18 upon the expiration or termination of such contract,

19 be entitled to receive compensation for such

20 possessory interest improvements in the amount and

21 manner as described by such concession contract.

22 (2) In the event such prior concessioner is

23 awarded a new concession contract after the effec24 tive date of this title replacing an existing concession

25 contract, the existing concessioner shall, instead of
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1 directly receiving such possessory interest compensa2 tion, have a leasehold surrender interest in its exist3 ing possessory interest improvements under the

4 terms of the new contract and shall carry over as

5 the initial value of such leasehold surrender interest

6 (instead of construction cost) an amount equal to

7 the value of the existing possessory interest as of the

8 termination date of the previous contract. In the

9 event of a dispute between the concessioner and the

10 Secretary as to the value of such possessory interest,

11 the matter shall be resolved through binding arbitra12 tion.

13 (3) In the event that a new concessioner is

14 awarded a concession contract and is required to pay

15 a prior concessioner for possessory interest in prior

16 improvements, the new concessioner shall have a

17 leasehold surrender interest in such prior improve18 ments and the initial value in such leasehold surren19 der interest (instead of construction cost), shall be

20 an amount equal to the value of the existing

21 possessory interest as of the termination date of the

22 previous contract.

23 (c) TRANSITION TO SUCCESSOR CONCESSIONER.—

24 Upon expiration or termination of a concession contract

25 entered into after the effective date of this title, a conces-
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1 sioner shall be entitled under the terms of the concession

2 contract to receive from the United States or a successor

3 concessioner the value of any leasehold surrender interest

4 in a capital improvement as of the date of such expiration

5 or termination. A successor concessioner shall have a

6 leasehold surrender interest in such capital improvement

7 under the terms of a new contract and the initial value

8 of the leasehold surrender interest in such capital improve9 ment (instead of construction cost) shall be the amount

10 of money the new concessioner is required to pay the prior

11 concessioner for its leasehold surrender interest under the

12 terms of the prior concession contract.

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

14 improvement constructed by a concessioner on lands

15 owned by the United States in a unit of the National Park

16 System shall be in the United States.

17 SEC. 406. REASONABLENESS OF RATES.

18 The reasonableness of a concessioner’s rates and

19 charges to the public, unless otherwise provided in the con20 tract, shall be judged primarily by comparison with those

21 rates and charges for facilities and services of comparable

22 character under similar conditions, with due consideration

23 for length of season, peakloads, average percentage of oc24 cupancy, accessibility, availability and costs of labor and

25 materials, type of patronage, and other factors deemed
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1 significant by the Secretary. A concessioner’s rates and

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

3 Secretary pursuant to the terms of the concesssion con4 tract. The approval process utilized by the Secretary shall

5 be as prompt and unburdensome to the concessioner as

6 possible and shall rely on market forces to establish rea7 sonableness of rates and charges to the maximum extent

8 practicable.

9 SEC. 407. FRANCHISE FEES.

10 (a) IN GENERAL.—A concession contract shall pro11 vide for payment to the government of a franchise fee or

12 such other monetary consideration as determined by the

13 Secretary, upon consideration of the probable value to the

14 concessioner of the privileges granted by the particular

15 contract involved. Such probable value is a reasonable op16 portunity for net profit in relation to capital invested and

17 the obligations of the contract. Consideration of revenue

18 to the United States shall be subordinate to the objectives

19 of protecting and preserving park areas and of providing

20 adequate and appropriate services for visitors at reason21 able rates.

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

23 the franchise fee or other monetary consideration paid to

24 the United States for the term of the concession contract

25 shall be specified in the concession contract and may only
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1 be modified to reflect substantial, unanticipated changes

2 from the conditions anticipated as of the effective date of

3 the contract. The Secretary shall include in concession

4 contracts with a term of more than five years a provision

5 which allows reconsideration of the franchise fee at the

6 request of the Secretary or the concessioner in the event

7 of such substantial, unanticipated changes. Such provision

8 shall provide for binding arbitration in the event that the

9 Secretary and the concessioner are unable to agree upon

10 an adjustment to the franchise fee in these circumstances.

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

12 monetary consideration) paid to the United States pursu13 ant to a concession contract shall be covered into a special

14 account established in the Treasury of the United States.

15 The funds contained in such special account shall be avail16 able for expenditure by the Secretary, subject to appro17 priation, until expended for use in accordance with sub18 section (d).

19 (d) USE OF FRANCHISE FEES.—Funds contained in

20 the special account shall be transferred to a subaccount

21 and shall be allocated to each applicable unit of the Na22 tional Park System, based on the proportion that the

23 amount of concession contract fees collected from the unit

24 during the fiscal year bears to the total amount of conces25 sion contract fees collected from all units of the National
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1 Park System during the fiscal year, to fund high-priority

2 resource management and visitor services programs and

3 operations.

4 SEC. 408. TRANSFER OF CONCESSION CONTRACTS.

5 (a) APPROVAL OF THE SECRETARY.—No concession

6 contract or leasehold surrender interest may be trans7 ferred, assigned, sold, or otherwise conveyed or pledged

8 by a concessioner without prior written notification to, and

9 approval of the Secretary.

10 (b) CONDITIONS.—The Secretary shall not unreason11 ably withhold approval of such a conveyance or pledge, and

12 shall approve such conveyance or pledge if the Secretary

13 in his discretion determines that—

14 (1) the individual, corporation or entity seeking

15 to acquire a concession contract is qualified to be

16 able to satisfy the terms and conditions of the con17 cession contract;

18 (2) such conveyance or pledge is consistent with

19 the objectives of protecting and preserving park re20 sources and of providing necessary and appropriate

21 facilities and services to visitors at reasonable rates

22 and charges; and

23 (3) the terms of such conveyance or pledge are

24 not likely, directly or indirectly, to: Reduce the con25 cessioner’s opportunity for a reasonable profit over
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1 the remaining term of the contract; adversely affect

2 the quality of facilities and services provided by the

3 concessioner; or result in a need for increased rates

4 and charges to the public to maintain the quality of

5 such facilities and services.

6 SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MAN7 AGEMENT ADVISORY BOARD.

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

9 National Park Service Concessions Management Advisory

10 Board (hereinafter in this title referred to as the ‘‘Advi11 sory Board’’) whose purpose shall be to advise the Sec12 retary and National Park Service on matters relating to

13 management of concessions in areas of the National Park

14 System. Among other matters, the Advisory Board shall

15 advise on policies and procedures intended to assure that

16 services and facilities provided by concessioners meet ac17 ceptable standards at reasonable rates with a minimum

18 of impact on park resources and values, and provide the

19 concessioners with a reasonable opportunity to make a

20 profit. The Advisory Board shall also advise on ways to

21 make National Park Service concession programs and pro22 cedures more cost effective, efficient, and less burdensome,

23 including, but not limited to, providing recommendations

24 regarding National Park Service contracting with the pri25 vate sector to conduct appropriate elements of concessions
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1 management and providing recommendations to make

2 more efficient and less burdensome the approval of conces3 sioner rates and charges to the public. In addition, the

4 Advisory Board shall make recommendations to the Sec5 retary regarding the nature and scope of products which

6 qualify as Indian, Alaska Native, and Native Hawaiian

7 handicrafts within this meaning of this title. The Advisory

8 Board, commencing with the first anniversary of its initial

9 meeting, shall provide an annual report on its activities

10 to the Committee on Energy and Natural Resources of

11 the United States Senate and the Committee on Resources

12 of the United States House of Representatives.

13 (b) ADVISORY BOARD MEMBERSHIP.—Members of

14 the Advisory Board shall be appointed on a staggered

15 basis by the Secretary for a term not to exceed four years

16 and shall serve at the pleasure of the Secretary. The Advi17 sory Board shall be comprised of not more than seven indi18 viduals appointed from among citizens of the United

19 States not in the employment of the Federal Government

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

21 National Park Service concession. Of the seven members

22 of the Advisory Board—

23 (1) one shall be privately employed in the hospi24 tality industry,
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1 (2) one shall be privately employed in the tour2 ism industry,

3 (3) one shall be privately employed in the ac4 counting industry,

5 (4) one shall be privately employed in the out6 fitting and guide industry,

7 (5) one shall be a State government employee

8 with expertise in park concession management,

9 (6) one shall be active in promotion of tradi10 tional arts and crafts, and

11 (7) one shall be active in a nonprofit conserva12 tion organization involved in the programs of the

13 National Park Service.

14 (c) TERMINATION.—The Advisory Board shall con15 tinue to exist until December 31, 2008. In all other re16 spects, it shall be subject to the provisions of the Federal

17 Advisory Committee Act.

18 (d) SERVICE ON ADVISORY BOARD.—Service of an

19 individual as a member of the Advisory Board shall not

20 be considered as service or employment bringing such indi21 vidual within the provisions of any Federal law relating

22 to conflicts of interest or otherwise imposing restrictions,

23 requirements, or penalties in relation to the employment

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

25 or receipt of compensation in connection with claims, pro-
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1 ceedings, or matters involving the United States. Service

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

3 service in an appointive or elective position in the Govern4 ment for purposes of section 8344 of title 5 of the United

5 States Code, or other comparable provisions of Federal

6 law.

7 SEC. 410. CONTRACTING FOR SERVICES.

8 To the maximum extent practicable, the Secretary

9 shall contract with private entities to conduct the following

10 elements of the management of the National Park Service

11 concession program suitable for non-Federal fulfillment:

12 Health and safety inspections, quality control of conces13 sion operations and facilities, analysis of rates and charges

14 to the public, and financial analysis: Provided, That noth15 ing in this section shall diminish the governmental respon16 sibilities and authority of the Secretary to administer con17 cession contracts and activities pursuant to this title and

18 the Act of August 25, 1916 (39 Stat. 535), as amended

19 (16 U.S.C. 1, 2–4). The Secretary shall also consider, tak20 ing into account the recommendations of the National

21 Park Service Concessions Management Advisory Board,

22 contracting out other elements of the concession manage23 ment program, as appropriate.
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1 SEC. 411. USE OF NONMONETARY CONSIDERATION IN CON2 CESSION CONTRACTS.

3 The provisions of section 321 of the Act of June 30,

4 1932 (47 Stat. 412; 40 U.S.C. 303b), relating to the leas5 ing of buildings and properties of the United States, shall

6 not apply to contracts awarded by the Secretary pursuant

7 to this title.

8 SEC. 412. RECORDKEEPING REQUIREMENTS.

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

10 records as the Secretary may prescribe to enable the Sec11 retary to determine that all terms of the concession con12 tract have been and are being faithfully performed, and

13 the Secretary and his duly authorized representatives

14 shall, for the purpose of audit and examination, have ac15 cess to said records and to other books, documents, and

16 papers of the concessioner pertinent to the contract and

17 all terms and conditions thereof.

18 (b) ACCESS TO RECORDS.—The Comptroller General

19 of the United States or any of his duly authorized rep20 resentatives shall, until the expiration of five calendar

21 years after the close of the business year of each conces22 sioner or subconcessioner have access to and the right to

23 examine any pertinent books, papers, documents and

24 records of the concessioner or subconcessioner related to

25 the contract or contracts involved.
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1 SEC. 413. REPEAL OF CONCESSION POLICY ACT OF 1965.

2 (a) REPEAL.—The Act of October 9, 1965, Public

3 Law 89–249 (79 Stat. 969, 16 U.S.C. 20–20g), is hereby

4 repealed. The repeal of such Act shall not affect the valid5 ity of any concession contract or permit entered into under

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

7 any such contract or permit except to the extent such pro8 visions are inconsistent with the express terms and condi9 tions of any such contract or permit. References in this

10 title to concession contracts awarded under authority of

11 Public Law 89–249 also apply to concession permits

12 awarded under such authority.

13 (b) EXCEPTION FOR PENDING CONTRACT SOLICITA14 TIONS.—Notwithstanding such repeal, the Secretary may

15 award concession contracts under the terms of Public Law

16 89–249 for concession contract solicitations for which, as

17 of August 1, 1998, a formal prospectus was issued by the

18 Secretary pursuant to the requirements of part 51 of title

19 36, Code of Federal Regulations.

20 (c) CONFORMING AMENDMENT.—The fourth sen21 tence of section 3 of the Act of August 25, 1916 (39 Stat.

22 535; 16 U.S.C. 3) is amended by striking all through ‘‘no

23 natural’’ and inserting in lieu thereof, ‘‘No natural,’’ and,

24 the last proviso of such sentence is stricken in its entirety.

25 (d) ANILCA.—Nothing in this title amends, super26 sedes, or otherwise affects any provision of the Alaska Na-
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1 tional Interest Lands Conservation Act (16 U.S.C. 3101

2 et seq.) relating to revenue-producing visitor services.

3 SEC. 414. PROMOTION OF THE SALE OF INDIAN, ALASKA

4 NATIVE, AND NATIVE HAWAIIAN HANDI5 CRAFTS.

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

7 States authentic Indian, Alaskan Native and Native Ha8 waiian handicrafts relating to the cultural, historical, and

9 geographic characteristics of units of the National Park

10 System is encouraged, and the Secretary shall ensure that

11 there is a continuing effort to enhance the handicraft

12 trade where it exists and establish the trade where it cur13 rently does not exist.

14 (b) EXEMPTION FROM FRANCHISE FEE.—In fur15 therance of these purposes, the revenue derived from the

16 sale of United States Indian, Alaska Native, and Native

17 Hawaiian handicrafts shall be exempt from any franchise

18 fee payments under this title.

19 SEC. 415. REGULATIONS.

20 As soon as practicable after the effective date of this

21 title, the Secretary shall promulgate regulations appro22 priate for its implementation. Among other matters, such

23 regulations shall include appropriate provisions to ensure

24 that concession services and facilities to be provided in an

25 area of the National Park System are not segmented or
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1 otherwise split into separate concession contracts for the

2 purposes of seeking to reduce anticipated annual gross re3 ceipts of a concession contract below $500,000. The Sec4 retary shall also promulgate regulations which further de5 fine the term ‘‘United States Indian, Alaskan Native, and

6 Native Hawaiian handicrafts’’ for the purposes of this

7 title.

8 SEC. 416. COMMERCIAL USE AUTHORIZATIONS.

9 (a) IN GENERAL.—To the extent specified in this sec10 tion, the Secretary, upon request, may authorize a private

11 person, corporation, or other entity to provide services to

12 visitors to units of the National Park System through a

13 commercial use authorization. Such authorizations shall

14 not be considered as concession contracts pursuant to this

15 title nor shall other sections of this title be applicable to

16 such authorizations except where expressly so stated.

17 (b) CRITERIA FOR ISSUANCE OF AUTHORIZATIONS.—

18 (1) The authority of this section may be used

19 only to authorize provision of services that the Sec20 retary will have minimal impact on park resources

21 and values and which are consistent with the pur22 pose for which the park unit was established and

23 with all applicable management plans and park poli24 cies and regulations.

25 (2) The Secretary shall—
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1 (A) require payment of a reasonable fee for

2 issuance of an authorization under this section,

3 such fees to remain available without further

4 appropriation to be used, at a minimum, to re5 cover associated management and administra6 tive costs;

7 (B) require that the provision of services

8 under such an authorization be accomplished in

9 a manner consistent to the highest practicable

10 degree with the preservation and conservation

11 of park resources and values;

12 (C) take appropriate steps to limit the li13 ability of the United States arising from the

14 provision of services under such an authoriza15 tion; and

16 (D) have no authority under this section to

17 issue more authorizations than are consistent

18 with the preservation and proper management

19 of park resources and values, and shall estab20 lish such other conditions for issuance of such

21 an authorization as the Secretary determines

22 appropriate for the protection of visitors, provi23 sion of adequate and appropriate visitor serv24 ices, and protection and proper management of

25 the resources and values of the park.
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1 (c) LIMITATIONS.—Any authorization issued under

2 this section shall be limited to—

3 (1) commercial operations with annual gross re4 ceipts of not more than $25,000 resulting from serv5 ices originating and provided solely within a park

6 pursuant to such authorization; and

7 (2) the incidental use of park resources by com8 mercial operations which provide services originating

9 and terminating outside of the park’s boundaries:

10 Provided, That such authorization shall not provide

11 for the construction of any structure, fixture, or im12 provement on federally-owned lands within the

13 boundaries of the park.

14 (d) DURATION.—The term of any authorization

15 issued under this section shall not exceed two years. No

16 preferential right of renewal or similar provisions for re17 newal shall be granted by the Secretary.

18 (e) OTHER CONTRACTS.—A person, corporation, or

19 other entity seeking or obtaining an authorization pursu20 ant to this section shall not be precluded from also submit21 ting proposals for concession contracts.
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1 TITLE V—FEE AUTHORITIES

2 SEC. 501. EXTENSION OF THE RECREATIONAL FEE DEM3 ONSTRATION PROGRAM.

4 (a) AUTHORITY.—The authority provided to the Na5 tional Park Service under the Recreational Fee Dem6 onstration Program authorized by section 315 of Public

7 Law 104–134 (16 U.S.C. 460l–6a note)—

8 (1) is extended through September 30, 2005;

9 and

10 (2) shall be available for all units of the Na11 tional Park System, and for system-wide fee pro12 grams.

13 (b) REPORT.—(1) Not later than September 30,

14 2000, the Secretary shall submit to the Committee on En15 ergy and Natural Resources of the United States Senate

16 and the Committee on Resources of the United States

17 House of Representatives a report detailing the status of

18 the recreational fee demonstration program conducted in

19 units of the National Park System under section 315 of

20 Public Law 104–134 (16 U.S.C. 460l–6a note).

21 (2) The report under paragraph (1) shall contain—

22 (A) an evaluation of the fee demonstration pro23 gram conducted at each unit of the National Park

24 System;
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1 (B) with respect to each unit of the National

2 Park System where a fee is charged under the au3 thority of the Recreational Fee Demonstration Pro4 gram (16 U.S.C. 460l–6a note), a description of the

5 criteria that were used to determine whether a rec6 reational fee should or should not be charged at

7 such park; and

8 (C) a description of the manner in which the

9 amount of the fee at each national park was estab10 lished.

11 (c) NOTICE.—At least 12 months notice shall be

12 given to the public prior to the increase or establishment

13 of any fee in units of the National Park System.

14 SEC. 502. COMMERCIAL FILMING ACTIVITIES.

15 (a) COMMERCIAL FILMING.—The Secretary shall re16 quire a permit and shall establish a reasonable fee for

17 commercial filming activities in units of the National Park

18 System. Such fee shall provide a fair return to the United

19 States and shall be based upon the following criteria, in

20 addition to such other factors as the Secretary deems nec21 essary: The number of days the filming takes place within

22 a park unit, the size of the film crew, the amount and

23 type of equipment present, and any potential impact on

24 park resources. The Secretary is also directed to recover

25 any costs incurred as a result of filming activities, includ-
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1 ing but not limited to administration and personnel costs.

2 All costs recovered are in addition to the assessed fee.

3 (b) STILL PHOTOGRAPHY.—(1) Except as provided

4 in paragraph (2), the Secretary shall not require a permit

5 or assess a fee for commercial or noncommercial still pho6 tography of sites or resources in units of the National

7 Park System in any part of a park where members of the

8 public are generally allowed. In other locations, the Sec9 retary may require a permit, fee, or both, if the Secretary

10 determines that there is a likelihood of resource impact,

11 disruption of the public’s use and enjoyment of the park,

12 or if the activity poses health or safety risks.

13 (2) The Secretary shall require the issuance of a per14 mit and the payment of a reasonable fee for still photog15 raphy that utilizes models or props which are not a part

16 of a park’s natural or cultural features or administrative

17 facilities.

18 (c) PROCEEDS.—(1) Fees collected within units of

19 the National Park System under this section shall be de20 posited in a special account in the Treasury of the United

21 States and shall be available to the Secretary, without fur22 ther appropriation for high-priority visitor service or re23 source management projects and programs for the unit

24 of the National Park System in which the fee is collected.
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1 (2) All costs recovered under this section shall be re2 tained by the Secretary and shall remain available for ex3 penditure in the park where collected, without further ap4 propriation.

5 SEC. 503. DISTRIBUTION OF GOLDEN EAGLE PASSPORT

6 SALES.

7 Not later than six months after the date of enactment

8 of this title, the Secretary and the Secretary of Agriculture

9 shall enter into an agreement providing for an apportion10 ment among each agency of all proceeds derived from the

11 sale of Golden Eagle Passports by private vendors. Such

12 proceeds shall be apportioned to each agency on the basis

13 of the ratio of each agency’s total revenue from admission

14 fees collected during the previous fiscal year to the sum

15 of all revenue from admission fees collected during the

16 previous fiscal year for all agencies participating in the

17 Golden Eagle Passport Program.

18 TITLE VI—NATIONAL PARK

19 PASSPORT PROGRAM

20 SEC. 601. PURPOSES.

21 The purposes of this title are—

22 (1) to develop a national park passport that in23 cludes a collectible stamp to be used for admission

24 to units of the National Park System; and
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1 (2) to generate revenue for support of the Na2 tional Park System.

3 SEC. 602. NATIONAL PARK PASSPORT PROGRAM.

4 (a) PROGRAM.—The Secretary shall establish a na5 tional park passport program. A national park passport

6 shall include a collectible stamp providing the holder ad7 mission to all units of the National Park System.

8 (b) EFFECTIVE PERIOD.—A national park passport

9 stamp shall be effective for a period of 12 months from

10 the date of purchase.

11 (c) TRANSFERABILITY.—A national park passport

12 and stamp shall not be transferable.

13 SEC. 603. ADMINISTRATION.

14 (a) STAMP DESIGN COMPETITION.—(1) The Sec15 retary shall hold an annual competition for the design of

16 the collectible stamp to be affixed to the national park

17 passport.

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

19 shall be a means to educate the American people about

20 the National Park System.

21 (b) SALE OF PASSPORTS AND STAMPS.—(1) National

22 park passports and stamps shall be sold through the Na23 tional Park Service and may be sold by private vendors

24 on consignment in accordance with guidelines established

25 by the Secretary.
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1 (2) A private vendor may be allowed to collect a com2 mission on each national park passport (including stamp)

3 sold, as determined by the Secretary.

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

5 vendors of national park passports (including stamps).

6 (c) USE OF PROCEEDS.—

7 (1) The Secretary may use not more than 10

8 percent of the revenues derived from the sale of na9 tional park passports (including stamps) to admin10 ister and promote the national park passport pro11 gram and the National Park System.

12 (2) Amounts collected from the sale of national

13 park passports shall be deposited in a special ac14 count in the Treasury of the United States and shall

15 remain available until expended, without further ap16 propriation, for high priority visitor service or re17 source management projects throughout the Na18 tional Park System.

19 (d) AGREEMENTS.—The Secretary may enter into co20 operative agreements with the National Park Foundation

21 and other interested parties to provide for the development

22 and implementation of the national park passport program

23 and the Secretary shall take such actions as are appro24 priate to actively market national park passports and

25 stamps.
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1 (e) FEE.—The fee for a national park passport and

2 stamp shall be $50.

3 SEC. 604. INTERNATIONAL PARK PASSPORT PROGRAM.

4 (a) IN GENERAL.—The Secretary shall establish an

5 international park passport program in accordance with

6 the other provisions of this title except as provided in this

7 section.

8 (b) AVAILABILITY.—An international park passport

9 and stamp shall be made available exclusively to foreign

10 visitors to the United States.

11 (c) SALE.—International park passports and stamps

12 shall be available for sale exclusively outside the United

13 States through commercial tourism channels and con14 sulates or other offices of the United States.

15 (d) FEE.—International park passports and stamps

16 shall be sold for a fee that is $10.00 less than the fee

17 for a national park passport and stamp, but not less than

18 $40.00.

19 (e) FORM.—An international park passport and

20 stamp shall be produced in a form that provides useful

21 information to the international visitor and serves as a

22 souvenir of the visit.

23 (f) EFFECTIVE PERIOD.—An international park

24 passport and stamp shall be valid for a period of 45 days

25 from the date of purchase.
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1 (g) USE OF PROCEEDS.—Amounts collected from the

2 sale of international park passports and stamps shall be

3 deposited in the special account under section 603(c) and

4 shall be available as provided in section 603(c).

5 (h) TERMINATION OF PROGRAM.—The Secretary

6 shall terminate the international park passport program

7 at the end of calendar year 2003 unless at least 200,000

8 international park passports and stamps are sold during

9 that calendar year.

10 SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.

11 (a) PARK PASSPORT NOT REQUIRED.—A national

12 park passport or international park passport shall not be

13 required for—

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

15 a single visit admission fee under section 4(a)(2) of

16 the Land and Water Conservation Fund Act of 1965

17 (16 U.S.C. 460l–6a(a)(2)) or the Recreational Fee

18 Demonstration Program (16 U.S.C. 460l–6a note);

19 or

20 (2) an individual who has obtained a Golden

21 Age or Golden Access Passport under paragraph (4)

22 or (5) of section 4(a) of the Land and Water Con23 servation Fund Act of 1965 (16 U.S.C. 460l–6a(a)).

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

25 Passport issued under section 4(a)(1)(A) of the Land and
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1 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

2 6a(a)(1)(A)) or the Recreational Fee Demonstration Pro3 gram (16 U.S.C. 460l–6a note) shall be honored for ad4 mission to each unit of the National Park System.

5 (c) ACCESS.—A national park passport and an inter6 national park passport shall provide access to each unit

7 of the National Park System under the same conditions,

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

9 Eagle Passport as of the date of enactment of this title.

10 (d) LIMITATIONS.—A national park passport or

11 international park passport may not be used to obtain ac12 cess to other Federal recreation fee areas outside of the

13 National Park System.

14 (e) EXEMPTIONS AND FEES.—A national park pass15 port or international park passport does not exempt the

16 holder from or provide the holder any discount on any

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

18 and Water Conservation Fund Act of 1965 (16 U.S.C.

19 460l–6a(b)) or the Recreational Fee Demonstration Pro20 gram (16 U.S.C. 460l–6a note).

21 TITLE VII—NATIONAL PARK

22 FOUNDATION SUPPORT

23 SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

24 The Act entitled ‘‘An Act to establish the National

25 Park Foundation’’, approved December 18, 1967 (16
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1 U.S.C. 19 et seq.) is amended by adding at the end thereof

2 the following:

3 ‘‘SEC. 12. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

4 ‘‘(a) ESTABLISHMENT.—The Foundation shall design

5 and implement a comprehensive program to assist and

6 promote philanthropic programs of support at the individ7 ual national park unit level.

8 ‘‘(b) IMPLEMENTATION.—The program under sub9 section (a) shall be implemented to—

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

11 support organizations; and

12 ‘‘(2) provide support, national consistency, and

13 management-improving suggestions for local non14 profit support organizations.

15 ‘‘(c) PROGRAM.—The program under subsection (a)

16 shall include the greatest number of national park units

17 as is practicable.

18 ‘‘(d) REQUIREMENTS.—The program under sub19 section (a) shall include, at a minimum—

20 ‘‘(1) a standard adaptable organizational design

21 format to establish and sustain responsible manage22 ment of a local nonprofit support organization for

23 support of a national park unit;

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

25 recommended money-handling procedures that can
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1 easily be adapted as applied to individual national

2 park units; and

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

4 and expand the operating expertise of personnel em5 ployed by local nonprofit support organizations.

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

7 the progress of the program under subsection (a) in the

8 annual report of the Foundation.

9 ‘‘(f) AFFILIATIONS.—

10 ‘‘(1) CHARTER OR CORPORATE BYLAWS.—Noth11 ing in this section requires—

12 ‘‘(A) a nonprofit support organization or

13 friends group in existence on the date of enact14 ment of this title to modify current practices or

15 to affiliate with the Foundation; or

16 ‘‘(B) a local nonprofit support organiza17 tion, established as a result of this section, to

18 be bound through its charter or corporate by19 laws to be permanently affiliated with the

20 Foundation.

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

22 Foundation shall be established only at the discre23 tion of the governing board of a nonprofit organiza24 tion.’’.
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1 TITLE VIII—MISCELLANEOUS

2 PROVISIONS

3 SEC. 801. UNITED STATES PARK POLICE.

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

5 60 days after the date of enactment of this title, the Sec6 retary shall appoint a multidisciplinary task force to fully

7 evaluate the shortfalls, needs, and requirements of law en8 forcement programs in the National Park Service, includ9 ing a separate analysis for the United States Park Police,

10 which shall include a review of facility repair, rehabilita11 tion, equipment, and communication needs.

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

13 year after the date of enactment of this title, the Secretary

14 shall submit to the Committees on Energy and Natural

15 Resources and Appropriations of the United States Senate

16 and the Committees on Resources and Appropriations of

17 the United States House of Representatives a report that

18 includes—

19 (1) the findings and recommendations of the

20 task force;

21 (2) complete justifications for any recommenda22 tions made; and

23 (3) a complete description of any adverse im24 pacts that would occur if any need identified in the

25 report is not met.
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1 SEC. 802. LEASES AND COOPERATIVE MANAGEMENT

2 AGREEMENTS.

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

4 (16 U.S.C. 1a–2) is amended by adding at the end the

5 following:

6 ‘‘(k) LEASES.—

7 ‘‘(1) IN GENERAL.—The Secretary may enter

8 into a lease with any person or governmental entity

9 for the use of buildings and associated property ad10 ministered by the Secretary as part of the National

11 Park System.

12 ‘‘(2) USE.—Buildings and associated property

13 leased under paragraph (1)—

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

15 consistent with the purposes established by law

16 for the unit in which the building is located;

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

18 purposes and values of the unit; and

19 ‘‘(C) shall be compatible with National

20 Park Service programs.

21 ‘‘(3) RENTAL AMOUNTS.—

22 ‘‘(A) IN GENERAL.—With respect to a

23 lease under paragraph (1)—

24 ‘‘(i) payment of fair market value

25 rental shall be required; and
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1 ‘‘(ii) section 321 of the Act of June

2 30, 1932 (47 Stat. 412, chapter 314; 40

3 U.S.C. 303b) shall not apply.

4 ‘‘(B) ADJUSTMENT.—The Secretary may

5 adjust the rental amount as appropriate to take

6 into account any amounts to be expended by

7 the lessee for preservation, maintenance, res8 toration, improvement, or repair and related ex9 penses.

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

11 promulgate regulations implementing this sub12 section that includes provisions to encourage

13 and facilitate competition in the leasing process

14 and provide for timely and adequate public

15 comment.

16 ‘‘(4) SPECIAL ACCOUNT.—

17 ‘‘(A) DEPOSITS.—Rental payments under

18 a lease under paragraph (1) shall be deposited

19 in a special account in the Treasury of the

20 United States.

21 ‘‘(B) AVAILABILITY.—Amounts in the spe22 cial account shall be available until expended,

23 without further appropriation, for infrastruc24 ture needs at units of the National Park Sys25 tem, including—
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1 ‘‘(i) facility refurbishment;

2 ‘‘(ii) repair and replacement;

3 ‘‘(iii) infrastructure projects associ4 ated with park resource protection; and

5 ‘‘(iv) direct maintenance of the leased

6 buildings and associated properties.

7 ‘‘(C) ACCOUNTABILITY AND RESULTS.—

8 The Secretary shall develop procedures for the

9 use of the special account that ensure account10 ability and demonstrated results consistent with

11 this Act.

12 ‘‘(l) COOPERATIVE MANAGEMENT AGREEMENTS.—

13 ‘‘(1) IN GENERAL.—Where a unit of the Na14 tional Park System is located adjacent to or near a

15 State or local park area, and cooperative manage16 ment between the National Park Service and a State

17 or local government agency of a portion of either

18 park will allow for more effective and efficient man19 agement of the parks, the Secretary is authorized to

20 enter into an agreement with a State or local gov21 ernment agency to provide for the cooperative man22 agement of the Federal and State or local park

23 areas: Provided, That the Secretary may not trans24 fer administration responsibilities for any unit of the

25 National Park System.
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1 ‘‘(2) PROVISION OF GOODS AND SERVICES.—

2 Under a cooperative management agreement, the

3 Secretary may acquire from and provide to a State

4 or local government agency goods and services to be

5 used by the Secretary and the State or local govern6 mental agency in the cooperative management of

7 land.

8 ‘‘(3) ASSIGNMENT.—An assignment arranged

9 by the Secretary under section 3372 of title 5,

10 United States Code, of a Federal, State, or local em11 ployee for work in any Federal, State, or local land

12 or an extension of such an assignment may be for

13 any period of time determined by the Secretary and

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

15 (b) HISTORIC LEASE PROCESS SIMPLIFICATION.—

16 The Secretary is directed to simplify, to the maximum ex17 tent possible, the leasing process for historic properties

18 with the goal of leasing available structures in a timely

19 manner.

Passed the Senate June 11, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 1693

AN ACT

To provide for improved management and increased

programs, and for other purposes.accountability for certain National Park Service