Union Calendar No. 438

105TH CONGRESS

2D SESSION S. 1693

[Report No. 105–767]

AN ACT

To provide for improved management and increased

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

OCTOBER 2, 1998

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 438

105TH CONGRESS

2D SESSION S. 1693

[Report No. 105–767]

IN THE HOUSE OF REPRESENTATIVES

JUNE 15, 1998

Referred to the Committee on Resources

OCTOBER 2, 1998

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of Senate passed bill, see copy of bill as printed in the House of Representatives on

June 15, 1998]

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na5 tional Parks Omnibus Management Act of 1998’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of this

2 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.

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.
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TITLE V—FEES FOR USE OF NATIONAL PARK SYSTEM

Sec. 501. Extension of the Recreational Fee Demonstration Program.

Sec. 502. Other fees.

Sec. 503. 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.

1 SEC. 2. DEFINITION.

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

3 Secretary of the Interior, except as otherwise specifically

4 provided.

5 TITLE I—NATIONAL PARK SERV6 ICE CAREER DEVELOPMENT,

7 TRAINING, AND MANAGE8 MENT

9 SEC. 101. PROTECTION, INTERPRETATION, AND RESEARCH

10 IN THE NATIONAL PARK SYSTEM.

11 Recognizing the ever increasing societal pressures

12 being placed upon America’s unique natural and cultural

13 resources contained in the National Park System, the Sec14 retary shall continually improve the ability of the National

15 Park Service to provide state-of-the-art management, pro-
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1 tection, and interpretation of and research on the resources

2 of the National Park System.

3 SEC. 102. NATIONAL PARK SERVICE EMPLOYEE TRAINING.

4 The Secretary shall develop a comprehensive training

5 program for employees in all professional careers in the

6 work force of the National Park Service for the purpose of

7 assuring that the work force has available the best, up-to8 date knowledge, skills and abilities with which to manage,

9 interpret and protect the resources of the National Park

10 System.

11 SEC. 103. MANAGEMENT DEVELOPMENT AND TRAINING.

12 Within 2 years after the enactment of this Act, the Sec13 retary shall develop a clear plan for management training

14 and development, whereby career, professional National

15 Park Service employees from any appropriate academic

16 field may obtain sufficient training, experience, and ad17 vancement opportunity to enable those qualified to move

18 into park management positions, including explicitly the

19 position of superintendent of a unit of the National Park

20 System.

21 SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.

22 (a) STRATEGIC AND PERFORMANCE PLANS FOR EACH

23 UNIT.—Each unit of the National Park System shall pre24 pare and make available to the public a 5-year strategic

25 plan and an annual performance plan. Such plans shall
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1 reflect the National Park Service policies, goals, and out2 comes represented in the Service-wide Strategic Plan, pre3 pared pursuant to the provisions of the Government Per4 formance and Results Act of 1993 (Public Law 103–62; 107

5 Stat. 285).

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

7 the annual performance plan for a unit of the National

8 Park System prepared pursuant to subsection (a), following

9 receipt of the appropriation for the unit from the Oper10 ations of the National Park System account (but no later

11 than January 1 of each year), the superintendent of the

12 unit shall develop and make available to the public the

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

14 shall include, at a minimum, funding allocations for re15 source preservation (including resource management), visi16 tor services (including maintenance, interpretation, law en17 forcement, and search and rescue) and administration. The

18 budget shall also include allocations into each of the above

19 categories of all funds retained from fees collected for that

20 year, including (but not limited to) special use permits,

21 concession franchise fees, and recreation use and entrance

22 fees.
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1 TITLE II—NATIONAL PARK SYS2 TEM RESOURCE INVENTORY

3 AND MANAGEMENT

4 SEC. 201. PURPOSES.

5 The purposes of this title are—

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

7 National Park Service;

8 (2) to enhance management and protection of

9 national park resources by providing clear authority

10 and direction for the conduct of scientific study in the

11 National Park System and to use the information

12 gathered for management purposes;

13 (3) to ensure appropriate documentation of re14 source conditions in the National Park System;

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

16 System for study to the benefit of park management

17 as well as broader scientific value, where such study

18 is consistent with the Act of August 25, 1916 (com19 monly known as the National Park Service Organic

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

21 (5) to encourage the publication and dissemina22 tion of information derived from studies in the Na23 tional Park System.
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1 SEC. 202. RESEARCH MANDATE.

2 The Secretary is authorized and directed to assure that

3 management of units of the National Park System is en4 hanced by the availability and utilization of a broad pro5 gram of the highest quality science and information.

6 SEC. 203. COOPERATIVE AGREEMENTS.

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

8 authorized and directed to enter into cooperative agree9 ments with colleges and universities, including but not lim10 ited to land grant schools, in partnership with other Federal

11 and State agencies, to establish cooperative study units to

12 conduct multi-disciplinary research and develop integrated

13 information products on the resources of the National Park

14 System, or the larger region of which parks are a part.

15 (b) REPORT.—Within one year of the date of enact16 ment of this title, the Secretary shall report to the Commit17 tee on Energy and Natural Resources of the United States

18 Senate and the Committee on Resources of the House of

19 Representatives on progress in the establishment of a com20 prehensive network of such college and university based co21 operative study units as will provide full geographic and

22 topical coverage for research on the resources contained in

23 units of the National Park System and their larger regions.

24 SEC. 204. INVENTORY AND MONITORING PROGRAM.

25 The Secretary shall undertake a program of inventory

26 and monitoring of National Park System resources to estab-
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1 lish baseline information and to provide information on the

2 long-term trends in the condition of National Park System

3 resources. The monitoring program shall be developed in co4 operation with other Federal monitoring and information

5 collection efforts to ensure a cost-effective approach.

6 SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY.

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

8 and consider requests from Federal or non-Federal public

9 or private agencies, organizations, individuals, or other en10 tities for the use of any unit of the National Park System

11 for purposes of scientific study.

12 (b) CRITERIA.—A request for use of a unit of the Na13 tional Park System under subsection (a) may only be ap14 proved if the Secretary determines that the proposed

15 study—

16 (1) is consistent with applicable laws and Na17 tional Park Service management policies; and

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

19 threat to park resources or public enjoyment derived

20 from those resources.

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

22 admission or recreational use fee in order to facilitate the

23 conduct of scientific study under this section.
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1 (d) NEGOTIATIONS.—The Secretary may enter into ne2 gotiations with the research community and private indus3 try for equitable, efficient benefits-sharing arrangements.

4 SEC. 206. INTEGRATION OF STUDY RESULTS INTO MANAGE5 MENT DECISIONS.

6 The Secretary shall take such measures as are nec7 essary to assure the full and proper utilization of the results

8 of scientific study for park management decisions. In each

9 case in which an action undertaken by the National Park

10 Service may cause a significant adverse effect on a park

11 resource, the administrative record shall reflect the manner

12 in which unit resource studies have been considered. The

13 trend in the condition of resources of the National Park

14 System shall be a significant factor in the annual perform15 ance evaluation of each superintendent of a unit of the Na16 tional Park System.

17 SEC. 207. CONFIDENTIALITY OF INFORMATION.

18 Information concerning the nature and specific loca19 tion of a National Park System resource which is endan20 gered, threatened, rare, or commercially valuable, of min21 eral or paleontological objects within units of the National

22 Park System, or of objects of cultural patrimony within

23 units of the National Park System, may be withheld from

24 the public in response to a request under section 552 of title
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1 5, United States Code, unless the Secretary determines

2 that—

3 (1) disclosure of the information would further

4 the purposes of the unit of the National Park System

5 in which the resource or object is located and would

6 not create an unreasonable risk of harm, theft, or de7 struction of the resource or object, including individ8 ual organic or inorganic specimens; and

9 (2) disclosure is consistent with other applicable

10 laws protecting the resource or object.

11 TITLE III—STUDY REGARDING

12 ADDITION OF NEW NATIONAL

13 PARK SYSTEM AREAS

14 SEC. 301. SHORT TITLE.

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

16 New Areas Studies Act’’.

17 SEC. 302. PURPOSE.

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

19 which areas are considered for addition to the National

20 Park System.

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

22 SYSTEM AREAS.

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

24 the National Park System General Authorities Act; 16

25 U.S.C. 1a–5) is amended as follows:
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1 (1) By inserting ‘‘GENERAL AUTHORITY.—’’

2 after ‘‘(a)’’.

3 (2) By striking the second through the sixth sen4 tences of subsection (a).

5 (3) By redesignating the last two sentences of

6 subsection (a) as subsection (f) and inserting in the

7 first of such sentences before the words ‘‘For the pur8 poses of carrying’’ the following: ‘‘(f) AUTHORIZATION

9 OF APPROPRIATIONS.—’’.

10 (4) By inserting the following after subsection

11 (a):

12 ‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDITION.—

13 (1) At the beginning of each calendar year, along with the

14 annual budget submission, the Secretary shall submit to the

15 Committee on Resources of the House of Representatives

16 and to the Committee on Energy and Natural Resources

17 of the United States Senate a list of areas recommended

18 for study for potential inclusion in the National Park Sys19 tem.

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

21 subsection, the Secretary shall consider—

22 ‘‘(A) those areas that have the greatest potential

23 to meet the established criteria of national signifi24 cance, suitability, and feasibility;
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1 ‘‘(B) themes, sites, and resources not already

2 adequately represented in the National Park System;

3 and

4 ‘‘(C) public petition and Congressional resolu5 tions.

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

7 in the National Park System may be initiated after the date

8 of enactment of this subsection, except as provided by spe9 cific authorization of an Act of Congress.

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

11 the National Park Service to conduct preliminary resource

12 assessments, gather data on potential study areas, provide

13 technical and planning assistance, prepare or process nomi14 nations for administrative designations, update previous

15 studies, or complete reconnaissance surveys of individual

16 areas requiring a total expenditure of less than $25,000.

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

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

19 potential addition to the national wild and scenic rivers

20 system or to apply to or to affect or alter the study of any

21 trail for potential addition to the national trails system.

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

23 study for each area for potential inclusion in the National

24 Park System within 3 complete fiscal years following the

25 date on which funds are first made available for such pur-
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1 poses. Each study under this section shall be prepared with

2 appropriate opportunity for public involvement, including

3 at least one public meeting in the vicinity of the area under

4 study, and after reasonable efforts to notify potentially af5 fected landowners and State and local governments.

6 ‘‘(2) In conducting the study, the Secretary shall con7 sider whether the area under study—

8 ‘‘(A) possesses nationally significant natural or

9 cultural resources and represents one of the most im10 portant examples of a particular resource type in the

11 country; and

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

13 system.

14 ‘‘(3) Each study—

15 ‘‘(A) shall consider the following factors with re16 gard to the area being studied—

17 ‘‘(i) the rarity and integrity of the re18 sources;

19 ‘‘(ii) the threats to those resources;

20 ‘‘(iii) similar resources are already pro21 tected in the National Park System or in other

22 public or private ownership;

23 ‘‘(iv) the public use potential;

24 ‘‘(v) the interpretive and educational poten25 tial;
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1 ‘‘(vi) costs associated with acquisition, de2 velopment and operation;

3 ‘‘(vii) the socioeconomic impacts of any des4 ignation;

5 ‘‘(viii) the level of local and general public

6 support, and

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

8 configuration to ensure long-term resource pro9 tection and visitor use;

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

11 Service management or alternative protection by

12 other public agencies or the private sector is appro13 priate for the area;

14 ‘‘(C) shall identify what alternative or combina15 tion of alternatives would in the professional judg16 ment of the Director of the National Park Service be

17 most effective and efficient in protecting significant

18 resources and providing for public enjoyment; and

19 ‘‘(D) may include any other information which

20 the Secretary deems to be relevant.

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

22 the National Environmental Policy Act of 1969.

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

24 Congress shall contain a recommendation regarding the

25 Secretary’s preferred management option for the area.
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1 ‘‘(d) NEW AREA STUDY OFFICE.—The Secretary shall

2 designate a single office to be assigned to prepare all new

3 area studies and to implement other functions of this sec4 tion.

5 ‘‘(e) LIST OF AREAS.—At the beginning of each cal6 endar year, along with the annual budget submission, the

7 Secretary shall submit to the Committee on Resources of

8 the House of Representatives and to the Committee on En9 ergy and Natural Resources of the Senate a list of areas

10 which have been previously studied which contain pri11 marily historical resources, and a list of areas which have

12 been previously studied which contain primarily natural

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

14 National Park System. In developing the lists, the Secretary

15 should consider threats to resource values, cost escalation

16 factors, and other factors listed in subsection (c) of this sec17 tion. The Secretary should only include on the lists areas

18 for which the supporting data is current and accurate.’’.

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

20 designated by paragraph (3) of this section) the fol21 lowing: ‘‘For carrying out subsections (b) through (d)

22 there are authorized to be appropriated $2,000,000 for

23 each fiscal year.’’.
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1 TITLE IV—NATIONAL PARK

2 SERVICE CONCESSIONS MAN3 AGEMENT

4 SEC. 401. SHORT TITLE.

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

6 Concessions Management Improvement Act of 1998’’.

7 SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF

8 POLICY.

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

10 1916 (commonly known as the National Park Service Or11 ganic Act; 16 U.S.C. 1 et seq.), which directs the Secretary

12 to administer units of the National Park System in accord13 ance with the fundamental purpose of conserving their sce14 nery, wildlife, and natural and historic objects, and provid15 ing for their enjoyment in a manner that will leave them

16 unimpaired for the enjoyment of future generations, the

17 Congress hereby finds that the preservation and conserva18 tion of park resources and values requires that such public

19 accommodations, facilities, and services as have to be pro20 vided within such units should be provided only under care21 fully controlled safeguards against unregulated and indis22 criminate use, so that—

23 (1) visitation will not unduly impair these re24 sources and values; and
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1 (2) development of public accommodations, fa2 cilities, and services within such units can best be

3 limited to locations that are consistent to the highest

4 practicable degree with the preservation and conserva5 tion of the resources and values of such units.

6 (b) POLICY.—It is the policy of the Congress that the

7 development of public accommodations, facilities, and serv8 ices in units of the National Park System shall be limited

9 to those accommodations, facilities, and services that—

10 (1) are necessary and appropriate for public use

11 and enjoyment of the unit of the National Park Sys12 tem in which they are located; and

13 (2) are consistent to the highest practicable de14 gree with the preservation and conservation of the re15 sources and values of the unit.

16 SEC. 403. AWARD OF CONCESSIONS CONTRACTS.

17 In furtherance of the findings and policy stated in sec18 tion 402, and except as provided by this title or otherwise

19 authorized by law, the Secretary shall utilize concessions

20 contracts to authorize a person, corporation, or other entity

21 to provide accommodations, facilities, and services to visi22 tors to units of the National Park System. Such concessions

23 contracts shall be awarded as follows:

24 (1) COMPETITIVE SELECTION PROCESS.—Except

25 as otherwise provided in this section, all proposed
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1 concessions contracts shall be awarded by the Sec2 retary to the person, corporation, or other entity sub3 mitting the best proposal, as determined by the Sec4 retary through a competitive selection process. Such

5 competitive process shall include simplified proce6 dures for small, individually-owned, concessions con7 tracts.

8 (2) SOLICITATION OF PROPOSALS.—Except as

9 otherwise provided in this section, prior to awarding

10 a new concessions contract (including renewals or ex11 tensions of existing concessions contracts) the Sec12 retary shall publicly solicit proposals for the conces13 sions contract and, in connection with such solicita14 tion, the Secretary shall prepare a prospectus and

15 shall publish notice of its availability at least once in

16 local or national newspapers or trade publications,

17 and/or the Commerce Business Daily, as appropriate,

18 and shall make the prospectus available upon request

19 to all interested parties.

20 (3) PROSPECTUS.—The prospectus shall include

21 the following information:

22 (A) The minimum requirements for such

23 contract as set forth in paragraph (4).

24 (B) The terms and conditions of any exist25 ing concessions contract relating to the services
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1 and facilities to be provided, including all fees

2 and other forms of compensation provided to the

3 United States by the concessioner.

4 (C) Other authorized facilities or services

5 which may be provided in a proposal.

6 (D) Facilities and services to be provided by

7 the Secretary to the concessioner, if any, includ8 ing public access, utilities, and buildings.

9 (E) An estimate of the amount of compensa10 tion, if any, due an existing concessioner from a

11 new concessioner under the terms of a prior con12 cessions contract.

13 (F) A statement as to the weight to be given

14 to each selection factor identified in the prospec15 tus and the relative importance of such factors in

16 the selection process.

17 (G) Such other information related to the

18 proposed concessions operation as is provided to

19 the Secretary pursuant to a concessions contract

20 or is otherwise available to the Secretary, as the

21 Secretary determines is necessary to allow for the

22 submission of competitive proposals.

23 (H) Where applicable, a description of a

24 preferential right to the renewal of the proposed
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1 concessions contract held by an existing conces2 sioner as set forth in paragraph (7).

3 (4) MINIMUM REQUIREMENTS.—(A) No proposal

4 shall be considered which fails to meet the minimum

5 requirements as determined by the Secretary. Such

6 minimum requirements shall include the following:

7 (i) The minimum acceptable franchise fee or

8 other forms of consideration to the Government.

9 (ii) Any facilities, services, or capital in10 vestment required to be provided by the conces11 sioner.

12 (iii) Measures necessary to ensure the pro13 tection, conservation, and preservation of re14 sources of the unit of the National Park System.

15 (B) The Secretary shall reject any proposal, re16 gardless of the franchise fee offered, if the Secretary

17 determines that the person, corporation, or entity is

18 not qualified, is not likely to provide satisfactory

19 service, or that the proposal is not responsive to the

20 objectives of protecting and preserving resources of the

21 unit of the National Park System and of providing

22 necessary and appropriate facilities and services to

23 the public at reasonable rates.

24 (C) If all proposals submitted to the Secretary

25 either fail to meet the minimum requirements or are
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1 rejected by the Secretary, the Secretary shall establish

2 new minimum contract requirements and re-initiate

3 the competitive selection process pursuant to this sec4 tion.

5 (D) The Secretary may not execute a concessions

6 contract which materially amends or does not incor7 porate the proposed terms and conditions of the con8 cessions contract as set forth in the applicable pro9 spectus. If proposed material amendments or changes

10 are considered appropriate by the Secretary, the Sec11 retary shall resolicit offers for the concessions contract

12 incorporating such material amendments or changes.

13 (5) SELECTION OF THE BEST PROPOSAL.—(A)

14 In selecting the best proposal, the Secretary shall con15 sider the following principal factors:

16 (i) The responsiveness of the proposal to the

17 objectives of protecting, conserving, and preserv18 ing resources of the unit of the National Park

19 System and of providing necessary and appro20 priate facilities and services to the public at rea21 sonable rates.

22 (ii) The experience and related background

23 of the person, corporation, or entity submitting

24 the proposal, including the past performance and

25 expertise of such person, corporation or entity in
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1 providing the same or similar facilities or serv2 ices.

3 (iii) The financial capability of the person,

4 corporation, or entity submitting the proposal.

5 (iv) The proposed franchise fee, except that

6 consideration of revenue to the United States

7 shall be subordinate to the objectives of protect8 ing, conserving, and preserving resources of the

9 unit of the National Park System and of provid10 ing necessary and appropriate facilities to the

11 public at reasonable rates.

12 (B) The Secretary may also consider such sec13 ondary factors as the Secretary deems appropriate.

14 (C) In developing regulations to implement this

15 title, the Secretary shall consider the extent to which

16 plans for employment of Indians (including Native

17 Alaskans) and involvement of businesses owned by In18 dians, Indian tribes, or Native Alaskans in the oper19 ation of a concession, contracts should be identified as

20 a factor in the selection of a best proposal under this

21 section.

22 (6) CONGRESSIONAL NOTIFICATION.—The Sec23 retary shall submit any proposed concessions contract

24 with anticipated annual gross receipts in excess of

25 $5,000,000 or a duration of more than 10 years to the
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1 Committee on Resources of the House of Representa2 tives and the Committee on Energy and Natural Re3 sources of the Senate. The Secretary shall not award

4 any such proposed contract until at least 60 days

5 subsequent to the notification of both committees.

6 (7) PREFERENTIAL RIGHT OF RENEWAL.—(A)

7 Except as provided in subparagraph (B), the Sec8 retary shall not grant a concessioner a preferential

9 right to renew a concessions contract, or any other

10 form of preference to a concessions contract.

11 (B) The Secretary shall grant a preferential

12 right of renewal to an existing concessioner with re13 spect to proposed renewals of the categories of conces14 sions contracts described by paragraph (8), subject to

15 the requirements of that paragraph.

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

17 right of renewal’’ means that the Secretary, subject to

18 a determination by the Secretary that the facilities or

19 services authorized by a prior contract continue to be

20 necessary and appropriate within the meaning of sec21 tion 402, shall allow a concessioner qualifying for a

22 preferential right of renewal the opportunity to match

23 the terms and conditions of any competing proposal

24 which the Secretary determines to be the best proposal

25 for a proposed new concessions contract which author-
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1 izes the continuation of the facilities and services pro2 vided by the concessioner under its prior contract.

3 (D) A concessioner which successfully exercises a

4 preferential right of renewal in accordance with the

5 requirements of this title shall be entitled to award of

6 the proposed new concessions contract to which such

7 preference applies.

8 (8) OUTFITTER AND GUIDE SERVICES AND SMALL

9 CONTRACTS.—(A) The provisions of paragraph (7)

10 shall apply only to the following:

11 (i) Subject to subparagraph (B), outfitting

12 and guide concessions contracts.

13 (ii) Subject to subparagraph (C), conces14 sions contracts with anticipated annual gross re15 ceipts under $500,000.

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

17 and guide concessions contract’’ means a concessions

18 contract which solely authorizes the provision of spe19 cialized backcountry outdoor recreation guide services

20 which require the employment of specially trained

21 and experienced guides to accompany park visitors in

22 the backcountry so as to provide a safe and enjoyable

23 experience for visitors who otherwise may not have

24 the skills and equipment to engage in such activity.

25 Outfitting and guide concessioners, where otherwise
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1 qualified, include concessioners which provide guided

2 river running, hunting, fishing, horseback, camping,

3 and mountaineering experiences. An outfitting and

4 guide concessioner is entitled to a preferential right of

5 renewal under this title only if—

6 (i) the contract with the outfitting and

7 guide concessioner does not grant the conces8 sioner any interest, including any leasehold sur9 render interest or possessory interest, in capital

10 improvements on lands owned by the United

11 States within a unit of the National Park Sys12 tem, other than a capital improvement con13 structed by a concessioner pursuant to the terms

14 of a concessions contract prior to the date of the

15 enactment of this title or constructed or owned

16 by a concessioner or his or her predecessor before

17 the subject land was incorporated into the Na18 tional Park System;

19 (ii) the Secretary determines that the con20 cessioner has operated satisfactorily during the

21 term of the contract (including any extension

22 thereof); and

23 (iii) the concessioner has submitted a re24 sponsive proposal for a proposed new contract

25 which satisfies the minimum requirements estab-
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1 lished by the Secretary pursuant to paragraph

2 (4).

3 (C) A concessioner that holds a concessions con4 tract that the Secretary estimates will result in gross

5 annual receipts of less than $500,000 if renewed shall

6 be entitled to a preferential right of renewal under

7 this title if—

8 (i) the Secretary has determined that the

9 concessioner has operated satisfactorily during

10 the term of the contract (including any extension

11 thereof); and

12 (ii) the concessioner has submitted a respon13 sive proposal for a proposed new concessions con14 tract which satisfies the minimum requirements

15 established by the Secretary pursuant to para16 graph (4).

17 (9) NEW OR ADDITIONAL SERVICES.—The Sec18 retary shall not grant a preferential right to a conces19 sioner to provide new or additional services in a unit

20 of the National Park System.

21 (10) SECRETARIAL AUTHORITY.—Nothing in this

22 title shall be construed as limiting the authority of

23 the Secretary to determine whether to issue a conces24 sions contract or to establish its terms and conditions

25 in furtherance of the policies expressed in this title.
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1 (11) EXCEPTIONS.—Notwithstanding the provi2 sions of this section, the Secretary may award, with3 out public solicitation, the following:

4 (A) A temporary concessions contract or an

5 extension of an existing concessions contract for

6 a term not to exceed 3 years in order to avoid

7 interruption of services to the public at a unit

8 of the National Park System, except that prior

9 to making such an award, the Secretary shall

10 take all reasonable and appropriate steps to con11 sider alternatives to avoid such interruption.

12 (B) A concessions contract in extraordinary

13 circumstances where compelling and equitable

14 considerations require the award of a concessions

15 contract to a particular party in the public in16 terest. Such award of a concessions contract shall

17 not be made by the Secretary until at least 30

18 days after publication in the Federal Register of

19 notice of the Secretary’s intention to do so and

20 the reasons for such action, and submission of

21 notice to the Committee on Energy and Natural

22 Resources of the Senate and the Committee on

23 Resources of the House of Representatives.
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1 SEC. 404. TERM OF CONCESSIONS CONTRACTS.

2 A concessions contract entered into pursuant to this

3 title shall generally be awarded for a term of 10 years or

4 less. However, the Secretary may award a contract for a

5 term of up to 20 years if the Secretary determines that the

6 contract terms and conditions, including the required con7 struction of capital improvements, warrant a longer term.

8 SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT.

9 (a) LEASEHOLD SURRENDER INTEREST UNDER NEW

10 CONCESSIONS CONTRACTS.—On or after the date of the en11 actment of this title, a concessioner that constructs a capital

12 improvement upon land owned by the United States within

13 a unit of the National Park System pursuant to a conces14 sions contract shall have a leasehold surrender interest in

15 such capital improvement subject to the following terms and

16 conditions:

17 (1) A concessioner shall have a leasehold surren18 der interest in each capital improvement constructed

19 by a concessioner under a concessions contract, con20 sisting solely of a right to compensation for the cap21 ital improvement to the extent of the value of the con22 cessioner’s leasehold surrender interest in the capital

23 improvement.

24 (2) A leasehold surrender interest—

25 (A) may be pledged as security for financ26 ing of a capital improvement or the acquisition
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1 of a concessions contract when approved by the

2 Secretary pursuant to this title;

3 (B) shall be transferred by the concessioner

4 in connection with any transfer of the conces5 sions contract and may be relinquished or

6 waived by the concessioner; and

7 (C) shall not be extinguished by the expira8 tion or other termination of a concessions con9 tract and may not be taken for public use except

10 on payment of just compensation.

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

12 a capital improvement shall be an amount equal to

13 the initial value (construction cost of the capital im14 provement), increased (or decreased) in the same per15 centage increase (or decrease) as the percentage in16 crease (or decrease) in the Consumer Price Index,

17 from the date of making the investment in the capital

18 improvement by the concessioner to the date of pay19 ment of the value of the leasehold surrender interest,

20 less depreciation of the capital improvement as evi21 denced by the condition and prospective serviceability

22 in comparison with a new unit of like kind.

23 (4) Where a concessioner, pursuant to the terms

24 of a concessions contract, makes a capital improve25 ment to an existing capital improvement in which the
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1 concessioner has a leasehold surrender interest, the

2 cost of such additional capital improvement shall be

3 added to the then current value of the concessioner’s

4 leasehold surrender interest.

5 (b) SPECIAL RULE FOR EXISTING POSSESSORY INTER6 EST.—

7 (1) A concessioner which has obtained a

8 possessory interest as defined pursuant to Public Law

9 89–249 (commonly known as the National Park Serv10 ice Concessions Policy Act; 16 U.S.C. 20 et seq.), as

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

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

13 entered into before that date shall, upon the expira14 tion or termination of such contract, be entitled to re15 ceive compensation for such possessory interest im16 provements in the amount and manner as described

17 by such concessions contract. Where such a possessory

18 interest is not described in the existing contract, com19 pensation of possessory interest shall be determined in

20 accordance with the laws in effect on the day before

21 the date of enactment of this Act.

22 (2) In the event such prior concessioner is

23 awarded a new concessions contract after the effective

24 date of this title replacing an existing concessions

25 contract, the existing concessioner shall, instead of di-
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1 rectly receiving such possessory interest compensation,

2 have a leasehold surrender interest in its existing

3 possessory interest improvements under the terms of

4 the new contract and shall carry over as the initial

5 value of such leasehold surrender interest (instead of

6 construction cost) an amount equal to the value of the

7 existing possessory interest as of the termination date

8 of the previous contract. In the event of a dispute be9 tween the concessioner and the Secretary as to the

10 value of such possessory interest, the matter shall be

11 resolved through binding arbitration.

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

13 awarded a concessions contract and is required to

14 pay a prior concessioner for possessory interest in

15 prior improvements, the new concessioner shall have

16 a leasehold surrender interest in such prior improve17 ments and the initial value in such leasehold surren18 der interest (instead of construction cost), shall be an

19 amount equal to the value of the existing possessory

20 interest as of the termination date of the previous

21 contract.

22 (c) TRANSITION TO SUCCESSOR CONCESSIONER.—

23 Upon expiration or termination of a concessions contract

24 entered into after the effective date of this title, a conces25 sioner shall be entitled under the terms of the concessions
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1 contract to receive from the United States or a successor

2 concessioner the value of any leasehold surrender interest

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

4 or termination. A successor concessioner shall have a lease5 hold surrender interest in such capital improvement under

6 the terms of a new contract and the initial value of the

7 leasehold surrender interest in such capital improvement

8 (instead of construction cost) shall be the amount of money

9 the new concessioner is required to pay the prior conces10 sioner for its leasehold surrender interest under the terms

11 of the prior concessions contract.

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

13 improvement constructed by a concessioner on lands owned

14 by the United States in a unit of the National Park System

15 shall be vested in the United States.

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

17 (1) CONSUMER PRICE INDEX.—The term ‘‘Con18 sumer Price Index’’ means the ‘‘Consumer Price

19 Index—All Urban Consumers’’ published by the Bu20 reau of Labor Statistics of the Department of Labor,

21 unless such index is not published, in which case an22 other regularly published cost-of-living index approxi23 mating the Consumer Price Index shall be utilized by

24 the Secretary; and
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1 (2) CAPITAL IMPROVEMENT.—The term ‘‘capital

2 improvement’’ means a structure, fixture, or non3 removable equipment provided by a concessioner pur4 suant to the terms of a concessions contract and lo5 cated on lands of the United States within a unit of

6 the National Park System.

7 SEC. 406. REASONABLENESS OF RATES.

8 (a) IN GENERAL.—Each concessions contract shall

9 permit the concessioner to set reasonable and appropriate

10 rates and charges for facilities, goods, and services provided

11 to the public, subject to approval under subsection (b).

12 (b) APPROVAL BY SECRETARY REQUIRED.—A conces13 sioner’s rates and charges to the public shall be subject to

14 approval by the Secretary. The approval process utilized

15 by the Secretary shall be as prompt and as unburdensome

16 to the concessioner as possible and shall rely on market

17 forces to establish reasonableness of rates and charges to the

18 maximum extent practicable. The Secretary shall approve

19 rates and charges that the Secretary determines to be rea20 sonable and appropriate. Unless otherwise provided in the

21 contract, the reasonableness and appropriateness of rates

22 and charges shall be determined primarily by comparison

23 with those rates and charges for facilities, goods, and serv24 ices of comparable character under similar conditions, with

25 due consideration to the following factors and other factors
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1 deemed relevant by the Secretary: length of season,

2 peakloads, average percentage of occupancy, accessibility,

3 availability and costs of labor and materials, and type of

4 patronage. Such rates and charges may not exceed the mar5 ket rates and charges for comparable facilities, goods, and

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

7 the preceding sentence.

8 (c) IMPLEMENTATION OF RECOMMENDATIONS.—Not

9 later than 6 months after receiving recommendations from

10 the Advisory Board established under section 409(a) regard11 ing concessioner rates and charges to the public, the Sec12 retary shall implement the recommendations or report to

13 the Congress the reasons for not implementing the rec14 ommendations.

15 SEC. 407. FRANCHISE FEES.

16 (a) IN GENERAL.—A concessions contract shall pro17 vide for payment to the government of a franchise fee or

18 such other monetary consideration as determined by the

19 Secretary, upon consideration of the probable value to the

20 concessioner of the privileges granted by the particular con21 tract involved. Such probable value shall be based upon a

22 reasonable opportunity for net profit in relation to capital

23 invested and the obligations of the contract. Consideration

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

25 objectives of protecting and preserving park areas and of
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1 providing necessary and appropriate services for visitors at

2 reasonable rates.

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

4 franchise fee or other monetary consideration paid to the

5 United States for the term of the concessions contract shall

6 be specified in the concessions contract and may only be

7 modified to reflect extraordinary unanticipated changes

8 from the conditions anticipated as of the effective date of

9 the contract. The Secretary shall include in concessions con10 tracts with a term of more than five years a provision which

11 allows reconsideration of the franchise fee at the request of

12 the Secretary or the concessioner in the event of such ex13 traordinary unanticipated changes. Such provision shall

14 provide for binding arbitration in the event that the Sec15 retary and the concessioner are unable to agree upon an

16 adjustment to the franchise fee in these circumstances.

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

18 monetary consideration) paid to the United States pursu19 ant to concessions contracts shall be deposited into a special

20 account established in the Treasury of the United States.

21 Twenty percent of the funds deposited in the special account

22 shall be available for expenditure by the Secretary, without

23 further appropriation, to support activities throughout the

24 National Park System regardless of the unit of the National

25 Park System in which the funds were collected. The funds
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1 deposited into the special account shall remain available

2 until expended.

3 (d) SUBACCOUNT FOR EACH UNIT.—There shall be es4 tablished within the special account required under sub5 section (c) a subaccount for each unit of the National Park

6 System. Each subaccount shall be credited with 80 percent

7 of the franchise fees (and other monetary consideration) col8 lected at a single unit of the National Park System under

9 concessions contracts. The funds credited to the subaccount

10 for a unit of the National Park System shall be available

11 for expenditure by the Secretary, without further appro12 priation, for use at the unit for visitor services and for pur13 poses of funding high-priority and urgently necessary re14 source management programs and operations. The funds

15 credited to a subaccount shall remain available until ex16 pended.

17 SEC. 408. TRANSFER OF CONCESSIONS CONTRACTS.

18 (a) APPROVAL OF THE SECRETARY.—No concessions

19 contract or leasehold surrender interest may be transferred,

20 assigned, sold, or otherwise conveyed or pledged by a conces21 sioner without prior written notification to, and approval

22 by, the Secretary.

23 (b) CONDITIONS.—The Secretary shall approve a

24 transfer or conveyance described in subsection (a) unless the

25 Secretary finds that—
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1 (1) the individual, corporation or entity seeking

2 to acquire a concessions contract is not qualified or

3 able to satisfy the terms and conditions of the conces4 sions contract;

5 (2) such transfer or conveyance would have an

6 adverse impact on (A) the protection, conservation, or

7 preservation of the resources of the unit of the Na8 tional Park System or (B) the provision of necessary

9 and appropriate facilities and services to visitors at

10 reasonable rates and charges; and

11 (3) the terms of such transfer or conveyance are

12 likely, directly or indirectly, to reduce the conces13 sioner’s opportunity for a reasonable profit over the

14 remaining term of the contract, adversely affect the

15 quality of facilities and services provided by the con16 cessioner, or result in a need for increased rates and

17 charges to the public to maintain the quality of such

18 facilities and services.

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

20 any contract under this section shall not be subject to modi21 fication or open to renegotiation by the Secretary because

22 of a transfer or conveyance described in subsection (a), un23 less such transfer or conveyance would have an adverse im24 pact as described in paragraph (2) of subsection (b).
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1 SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MAN2 AGEMENT ADVISORY BOARD.

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

4 National Park Service Concessions Management Advisory

5 Board (in this title referred to as the ‘‘Advisory Board’’)

6 whose purpose shall be to advise the Secretary and National

7 Park Service on matters relating to management of conces8 sions in of the National Park System.

9 (b) DUTIES.—

10 (1) ADVICE.—The Advisory Board shall advise

11 on each of the following:

12 (A) Policies and procedures intended to as13 sure that services and facilities provided by con14 cessioners are necessary and appropriate, meet

15 acceptable standards at reasonable rates with a

16 minimum of impact on park resources and val17 ues, and provide the concessioners with a reason18 able opportunity to make a profit.

19 (B) Ways to make National Park Service

20 concessions programs and procedures more cost

21 effective, more process efficient, less burdensome,

22 and timelier.

23 (2) RECOMMENDATIONS.—The Advisory Board

24 shall make recommendations to the Secretary regard25 ing each of the following:
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1 (A) National Park Service contracting with

2 the private sector to conduct appropriate ele3 ments of concessions management and providing

4 recommendations to make more efficient, less

5 burdensome, and timelier the review or approval

6 of concessioner rates and charges to the public.

7 (B) The nature and scope of products which

8 qualify as Indian, Alaska Native, and Native

9 Hawaiian handicrafts within this meaning of

10 this title.

11 (C) The allocation of concession fees.

12 The initial recommendations under subparagraph (A)

13 relating to rates and charges shall be submitted to the

14 Secretary not later than one year after the first meet15 ing of the Board.

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

17 commencing with the first anniversary of its initial

18 meeting, shall provide an annual report on its activi19 ties to the Committee on Resources of the United

20 States House of Representatives and the Committee

21 on Energy and Natural Resources of the United

22 States Senate.

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

24 Advisory Board shall be appointed on a staggered basis by

25 the Secretary for a term not to exceed four years and shall
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1 serve at the pleasure of the Secretary. The Advisory Board

2 shall be comprised of not more than seven individuals ap3 pointed from among citizens of the United States not in

4 the employment of the Federal Government and not in the

5 employment of or having an interest in a National Park

6 Service concession. Of the seven members of the Advisory

7 Board—

8 (1) one member shall be privately employed in

9 the hospitality industry and have both broad knowl10 edge of hotel or food service management and experi11 ence in the parks and recreation concessions business;

12 (2) one member shall be privately employed in

13 the tourism industry;

14 (3) one member shall be privately employed in

15 the accounting industry;

16 (4) one member shall be privately employed in

17 the outfitting and guide industry;

18 (5) one member shall be a State government em19 ployee with expertise in park concession management;

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

21 traditional arts and crafts; and

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

23 conservation organization involved in parks and

24 recreation programs.
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1 (d) TERMINATION.—The Advisory Board shall con2 tinue to exist until December 31, 2008. In all other respects,

3 it shall be subject to the provisions of the Federal Advisory

4 Committee Act.

5 (e) SERVICE ON ADVISORY BOARD.—Service of an in6 dividual as a member of the Advisory Board shall not be

7 considered as service or employment bringing such individ8 ual within the provisions of any Federal law relating to

9 conflicts of interest or otherwise imposing restrictions, re10 quirements, or penalties in relation to the employment of

11 persons, the performance of services, or the payment or re12 ceipt of compensation in connection with claims, proceed13 ings, or matters involving the United States. Service as a

14 member of the Advisory Board shall not be considered serv15 ice in an appointive or elective position in the Government

16 for purposes of section 8344 of title 5, United States Code,

17 or other comparable provisions of Federal law.

18 SEC. 410. CONTRACTING FOR SERVICES.

19 (a) CONTRACTING AUTHORIZED.—(1) To the maxi20 mum extent practicable, the Secretary shall contract with

21 private entities to conduct or assist in those elements of the

22 management of the National Park Service concessions pro23 gram considered by the Secretary to be suitable for non24 Federal performance. Such management elements include

25 each the following:
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1 (A) Health and safety inspections.

2 (B) Quality control of concessions operations

3 and facilities.

4 (C) Strategic capital planning for concessions fa5 cilities.

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

7 (2) The Secretary may also contract with private enti8 ties to assist the Secretary with each of the following:

9 (A) Preparation of the financial aspects of

10 prospectuses for National Park Service concessions

11 contracts.

12 (B) Development of guidelines for a national

13 park system capital improvement and maintenance

14 program for all concession occupied facilities.

15 (C) Making recommendations to the Director of

16 the National Park Service regarding the conduct an17 nual audits of concession fee expenditures.

18 (b) OTHER MANAGEMENT ELEMENTS.—The Secretary

19 shall also consider, taking into account the recommenda20 tions of the Advisory Board, contracting out other elements

21 of the concessions management program, as appropriate.

22 (c) CONDITION.—Nothing in this section shall dimin23 ish the governmental responsibilities and authority of the

24 Secretary to administer concessions contracts and activities

25 pursuant to this title and the Act of August 25, 1916 (com-
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1 monly known as the National Park Service Organic Act;

2 16 U.S.C. 1 et seq.). The Secretary reserves the right to

3 make the final decision or contract approval on contracting

4 services dealing with the management of the National Park

5 Service concessions program under this section.

6 SEC. 411. MULTIPLE CONTRACTS WITHIN A PARK.

7 If multiple concessions contracts are awarded to au8 thorize concessioners to provide the same or similar outfit9 ting, guiding, river running, or other similar services at

10 the same approximate location or resource within a specific

11 national park, the Secretary shall establish a comparable

12 franchise fee structure for all such same or similar con13 tracts, except that the terms and conditions of any existing

14 concessions contract shall not be subject to modification or

15 open to renegotiation by the Secretary because of a award

16 of a new contract at the same approximate location or re17 source.

18 SEC. 412. SPECIAL RULE FOR TRANSPORTATION CON19 TRACTING SERVICES.

20 Notwithstanding any other provision of law, a service

21 contract entered into by the Secretary for the provision sole22 ly of transportation services in a unit of the National Park

23 System shall be no more than 10 years in length, including

24 a base period of 5 years and annual extensions for an addi-
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1 tional 5-year period based on satisfactory performance and

2 approval by the Secretary.

3 SEC. 413. USE OF NONMONETARY CONSIDERATION IN CON4 CESSIONS CONTRACTS.

5 Section 321 of the Act of June 30, 1932 (40 U.S.C.

6 303b), relating to the leasing of buildings and properties

7 of the United States, shall not apply to contracts awarded

8 by the Secretary pursuant to this title.

9 SEC. 414. RECORDKEEPING REQUIREMENTS.

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

11 records as the Secretary may prescribe to enable the Sec12 retary to determine that all terms of the concessions con13 tract have been and are being faithfully performed, and the

14 Secretary and any duly authorized representative of the

15 Secretary shall, for the purpose of audit and examination,

16 have access to such records and to other books, documents,

17 and papers of the concessioner pertinent to the contract and

18 all terms and conditions thereof.

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

20 or any duly authorized representative of the Comptroller

21 General shall, until the expiration of 5 calendar years after

22 the close of the business year of each concessioner or sub23 concessioner, have access to and the right to examine any

24 pertinent books, papers, documents and records of the con-
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1 cessioner or subconcessioner related to the contract or con2 tracts involved.

3 SEC. 415. REPEAL OF NATIONAL PARK SERVICE CONCES4 SIONS POLICY ACT.

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

6 as the National Park Service Concessions Policy Act; 16

7 U.S.C. 20 et seq.) is repealed. The repeal of such Act shall

8 not affect the validity of any concessions contract or permit

9 entered into under such Act, but the provisions of this title

10 shall apply to any such contract or permit except to the

11 extent such provisions are inconsistent with the terms and

12 conditions of any such contract or permit. References in

13 this title to concessions contracts awarded under authority

14 of such Act also apply to concessions permits awarded

15 under such authority.

16 (b) CONFORMING AMENDMENTS.—(1) The fourth sen17 tence of section 3 of the Act of August 25, 1916 (commonly

18 known as the National Park Service Organic Act; 16 U.S.C.

19 3), is amended—

20 (A) by striking all through ‘‘no natural’’ and in21 serting ‘‘No natural,’’; and

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

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

24 known as the National Park System General Authorities

25 Act; 16 U.S.C. 1a–7) is amended by striking subsection (c).
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1 (3) The second paragraph under the heading ‘‘NA2 TIONAL PARK SERVICE’’ in the Act of July 31, 1953 (67

3 Stat. 261, 271), is repealed.

4 (c) ANILCA.—Nothing in this title amends, super5 sedes, or otherwise affects any provision of the Alaska Na6 tional Interest Lands Conservation Act (16 U.S.C. 3101 et

7 seq.) relating to revenue-producing visitor services.

8 SEC. 416. PROMOTION OF THE SALE OF INDIAN, ALASKA NA9 TIVE, NATIVE SAMOAN, AND NATIVE HAWAI10 IAN HANDICRAFTS.

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

12 United States Indian, Alaskan Native, Native Samoan, and

13 Native Hawaiian handicrafts relating to the cultural, his14 torical, and geographic characteristics of units of the Na15 tional Park System is encouraged, and the Secretary shall

16 ensure that there is a continuing effort to enhance the hand17 icraft trade where it exists and establish the trade in appro18 priate areas where such trade currently does not exist.

19 (b) EXEMPTION FROM FRANCHISE FEE.—In further20 ance of these purposes, the revenue derived from the sale

21 of United States Indian, Alaska Native, Native Samoan,

22 and Native Hawaiian handicrafts shall be exempt from any

23 franchise fee payments under this title.
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1 SEC. 417. REGULATIONS.

2 As soon as practicable after the effective date of this

3 title, the Secretary shall promulgate regulations appro4 priate for its implementation. Among other matters, such

5 regulations shall include appropriate provisions to ensure

6 that concession services and facilities to be provided in a

7 unit of the National Park System are not segmented or oth8 erwise split into separate concessions contracts for the pur9 poses of seeking to reduce anticipated annual gross receipts

10 of a concessions contract below $500,000. The Secretary

11 shall also promulgate regulations which further define the

12 term ‘‘United States Indian, Alaskan Native, Native Sa13 moan, and Native Hawaiian handicrafts’’ for the purposes

14 of this title.

15 SEC. 418. COMMERCIAL USE AUTHORIZATIONS.

16 (a) IN GENERAL.—To the extent specified in this sec17 tion, the Secretary , upon request, may authorize a private

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

19 visitors to units of the National Park System through a

20 commercial use authorization. Such authorizations shall

21 not be considered as concessions contracts pursuant to this

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

23 such authorizations except where expressly so stated.

24 (b) CRITERIA FOR ISSUANCE OF AUTHORIZATIONS.—

25 (1) REQUIRED DETERMINATIONS.—The author26 ity of this section may be used only to authorize pro-
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1 vision of services that the Secretary determines will

2 have minimal impact on resources and values of the

3 unit of the National Park System and are consistent

4 with the purpose for which the unit was established

5 and with all applicable management plans and park

6 policies and regulations.

7 (2) ELEMENTS OF AUTHORIZATION.—The Sec8 retary shall—

9 (A) require payment of a reasonable fee for

10 issuance of an authorization under this section,

11 such fees to remain available without further ap12 propriation to be used, at a minimum, to recover

13 associated management and administrative costs;

14 (B) require that the provision of services

15 under such an authorization be accomplished in

16 a manner consistent to the highest practicable

17 degree with the preservation and conservation of

18 park resources and values;

19 (C) take appropriate steps to limit the li20 ability of the United States arising from the pro21 vision of services under such an authorization;

22 and

23 (D) have no authority under this section to

24 issue more authorizations than are consistent

25 with the preservation and proper management of
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1 park resources and values, and shall establish

2 such other conditions for issuance of such an au3 thorization as the Secretary determines appro4 priate for the protection of visitors, provision of

5 adequate and appropriate visitor services, and

6 protection and proper management of the re7 sources and values of the park.

8 (c) LIMITATIONS.—Any authorization issued under

9 this section shall be limited to—

10 (1) commercial operations with annual gross re11 ceipts of not more than $25,000 resulting from serv12 ices originating and provided solely within a unit of

13 the National Park System pursuant to such author14 ization;

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

16 commercial operations which provide services origi17 nating and terminating outside of the boundaries of

18 the unit; or

19 (3) such uses by organized children’s camps, out20 door clubs and nonprofit institutions (including back

21 country use) and such other uses as the Secretary de22 termines appropriate.

23 Nonprofit institutions are not required to obtain commer24 cial use authorizations unless taxable income is derived by

25 the institution from the authorized use.
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1 (d) PROHIBITION ON CONSTRUCTION.—An authoriza2 tion issued under this section shall not provide for the con3 struction of any structure, fixture, or improvement on feder4 ally-owned lands within the boundaries of a unit of the Na5 tional Park System.

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

7 under this section shall not exceed 2 years. No preferential

8 right of renewal or similar provisions for renewal shall be

9 granted by the Secretary.

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

11 other entity seeking or obtaining an authorization pursuant

12 to this section shall not be precluded from also submitting

13 proposals for concessions contracts.

14 TITLE V—FEES FOR USE OF

15 NATIONAL PARK SYSTEM

16 SEC. 501. EXTENSION OF THE RECREATIONAL FEE DEM17 ONSTRATION PROGRAM.

18 (a) AUTHORITY.—The authority provided to the Na19 tional Park Service under the Recreational Fee Demonstra20 tion Program authorized by section 315 of the Department

21 of the Interior and Related Agencies Appropriations Act,

22 1996 (section 101(c) of Public Law 104–134; 16 U.S.C.

23 460l–6a note)—

24 (1) is extended through September 30, 2005; and
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1 (2) shall be available for all units of the Na2 tional Park System, and for system-wide fee pro3 grams.

4 (b) USE OF FEES.—Fees collected by the National

5 Park Service under such Recreational Fee Demonstration

6 Program shall be used in the National Park System in the

7 manner provided in section 315(c)(3) of the Department of

8 the Interior and Related Agencies Appropriations Act, 1996

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

10 6a note).

11 (c) REPORT.—Not later than September 30, 2000, the

12 Secretary shall submit to the Committee on Energy and

13 Natural Resources of the Senate and the Committee on Re14 sources of the House of Representatives a report detailing

15 the status of such Recreational Fee Demonstration Program

16 conducted in units of the National Park System. The report

17 shall contain—

18 (1) an evaluation of the fee demonstration pro19 gram conducted at each unit of the National Park

20 System;

21 (2) with respect to each unit of the National

22 Park System where a fee is charged under the author23 ity of such Recreational Fee Demonstration Program,

24 a description of the criteria that were used to deter-
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1 mine whether a recreational fee should or should not

2 be charged at such unit; and

3 (3) a description of the manner in which the

4 amount of the fee at each unit of the National Park

5 System was established.

6 (d) NOTICE.—At least 12 months notice shall be given

7 to the public prior to the increase or establishment of any

8 fee in units of the National Park System under such Rec9 reational Fee Demonstration Program.

10 SEC. 502. OTHER FEES.

11 Notwithstanding any other provision of law, where the

12 National Park Service or an entity under a service contract

13 with the National Park Service provides transportation to

14 all or a portion of any unit of the National Park System,

15 the Secretary may impose a reasonable and appropriate

16 charge to the public for the use of such transportation serv17 ices in addition to any admission fee required to be paid.

18 Collection of both the transportation and admission fees

19 may occur at the transportation staging area or any other

20 reasonably convenient location determined by the Secretary.

21 The Secretary may enter into agreements with public or

22 private entities, who qualify to the Secretary s satisfaction,

23 to collect the transportation and admission fee. Such trans24 portation fees collected as per this section shall be retained

25 by the unit of the National Park System at which the trans-
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1 portation fee was collected and the amount retained shall

2 be expended only for costs associated with the transpor3 tation systems at the unit where the charge was imposed.

4 SEC. 503. DISTRIBUTION OF GOLDEN EAGLE PASSPORT

5 SALES.

6 Not later than six months after the date of enactment

7 of this title, the Secretary of the Interior and the Secretary

8 of Agriculture shall enter into an agreement providing for

9 an apportionment among each agency of all proceeds de10 rived from the sale of Golden Eagle Passports by private

11 vendors. Such proceeds shall be apportioned to each agency

12 on the basis of the ratio of each agency’s total revenue from

13 admission fees collected during the previous fiscal year to

14 the sum of all revenue from admission fees collected during

15 the previous fiscal year for all agencies participating in the

16 Golden Eagle Passport Program.

17 TITLE VI—NATIONAL PARK

18 PASSPORT PROGRAM

19 SEC. 601. PURPOSES.

20 The purposes of this title are—

21 (1) to develop a national park passport that in22 cludes a collectible stamp to be used for admission to

23 units of the National Park System; and

24 (2) to generate revenue for support of the Na25 tional Park System.
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1 SEC. 602. NATIONAL PARK PASSPORT PROGRAM.

2 (a) PROGRAM.—The Secretary shall establish a na3 tional park passport program. A national park passport

4 shall include a collectible stamp providing the holder admis5 sion to all units of the National Park System.

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

7 stamp shall be effective for a period of 12 months from the

8 date of purchase.

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

10 stamp shall not be transferable.

11 SEC. 603. ADMINISTRATION.

12 (a) STAMP DESIGN COMPETITION.—(1) The Secretary

13 shall hold an annual competition for the design of the col14 lectible stamp to be affixed to the national park passport.

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

16 shall be a means to educate the American people about the

17 National Park System.

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

19 park passports and stamps shall be sold through the Na20 tional Park Service and may be sold by private vendors

21 on consignment in accordance with guidelines established

22 by the Secretary.

23 (2) A private vendor may be allowed to collect a com24 mission on each national park passport (including stamp)

25 sold, as determined by the Secretary.
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1 (3) The Secretary may limit the number of private

2 vendors of national park passports (including stamps).

3 (c) USE OF PROCEEDS.—

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

5 percent of the revenues derived from the sale of na6 tional park passports (including stamps) to admin7 ister and promote the national park passport pro8 gram and the National Park System.

9 (2) Amounts collected from the sale of national

10 park passports shall be deposited in a special account

11 in the Treasury of the United States and shall remain

12 available until expended, without further appropria13 tion, for high priority visitor service or resource man14 agement projects throughout the National Park Sys15 tem.

16 (d) AGREEMENTS.—The Secretary may enter into co17 operative agreements with the National Park Foundation

18 and other interested parties to provide for the development

19 and implementation of the national park passport program

20 and the Secretary shall take such actions as are appropriate

21 to actively market national park passports and stamps.

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

23 stamp shall be $50.

24 SEC. 604. FOREIGN SALES OF GOLDEN EAGLE PASSPORTS.

25 The Secretary of Interior shall—
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1 (1) make Golden Eagle Passports issued under

2 section 4(a)(1)(A) of the Land and Water Conserva3 tion Fund Act of 1965 (16 U.S.C. 460l–6a(a)(1)(A))

4 or the Recreational Fee Demonstration Program au5 thorized by section 315 of the Department of the Inte6 rior and Related Agencies Appropriations Act, 1996

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

8 460l–6a note), available to foreign visitors to the

9 United States; and

10 (2) make such Golden Eagle Passports available

11 for purchase outside the United States, through com12 mercial tourism channels and consulates or other of13 fices of the United States.

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

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

16 park passport shall not be required for—

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

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

19 the Land and Water Conservation Fund Act of 1965

20 (16 U.S.C. 460l–6a(a)(2)) or the Recreational Fee

21 Demonstration Program authorized by section 315 of

22 the Department of the Interior and Related Agencies

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

24 Law 104–134; 16 U.S.C. 460l–6a note); or
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1 (2) an individual who has obtained a Golden

2 Age or Golden Access Passport under paragraph (4)

3 or (5) of section 4(a) of the Land and Water Con4 servation Fund Act of 1965 (16 U.S.C. 460l–6a(a)).

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

6 Passport issued under section 4(a)(1)(A) of the Land and

7 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

8 6a(a)(1)(A)) or such Recreational Fee Demonstration Pro9 gram (16 U.S.C. 460l–6a note) shall be honored for admis10 sion to each unit of the National Park System.

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

12 access to each unit of the National Park System under the

13 same conditions, rules, and regulations as apply to access

14 with a Golden Eagle Passport as of the date of enactment

15 of this title.

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

17 be used to obtain access to other Federal recreation fee areas

18 outside of the National Park System.

19 (e) EXEMPTIONS AND FEES.—A national park pass20 port does not exempt the holder from or provide the holder

21 any discount on any recreation use fee imposed under sec22 tion 4(b) of the Land and Water Conservation Fund Act

23 of 1965 (16 U.S.C. 460l–6a(b)) or such Recreational Fee

24 Demonstration Program (16 U.S.C. 460l–6a note).
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1 TITLE VII—NATIONAL PARK

2 FOUNDATION SUPPORT

3 SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

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

5 Park Foundation Act; 16 U.S.C. 19 et seq.) is amended by

6 adding at the end the following new section:

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

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

9 and implement a comprehensive program to assist and pro10 mote philanthropic programs of support at the individual

11 national park unit level.

12 ‘‘(b) IMPLEMENTATION.—The program under sub13 section (a) shall be implemented to—

14 ‘‘(1) assist in the creation of local nonprofit sup15 port organizations; and

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

17 management-improving suggestions for local non18 profit support organizations.

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

20 shall include the greatest number of national park units as

21 is practicable.

22 ‘‘(d) REQUIREMENTS.—The program under subsection

23 (a) shall include, at a minimum—

24 ‘‘(1) a standard adaptable organizational design

25 format to establish and sustain responsible manage-
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1 ment of a local nonprofit support organization for

2 support of a national park unit;

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

4 recommended money-handling procedures that can

5 easily be adapted as applied to individual national

6 park units; and

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

8 and expand the operating expertise of personnel em9 ployed by local nonprofit support organizations.

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

11 the progress of the program under subsection (a) in the an12 nual report of the Foundation.

13 ‘‘(f) AFFILIATIONS.—

14 ‘‘(1) CHARTER OR CORPORATE BYLAWS.—Noth15 ing in this section requires—

16 ‘‘(A) a nonprofit support organization or

17 friends group to modify current practices or to

18 affiliate with the Foundation; or

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

20 established as a result of this section, to be bound

21 through its charter or corporate bylaws to be per22 manently affiliated with the Foundation.

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

24 Foundation shall be established only at the discretion

25 of the governing board of a nonprofit organization.’’.
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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 year

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

14 submit to the Committees on Energy and Natural Resources

15 and Appropriations of the United States Senate and the

16 Committees on Resources and Appropriations of the United

17 States House of Representatives a report that includes—

18 (1) the findings and recommendations of the task

19 force;

20 (2) complete justifications for any recommenda21 tions made; and

22 (3) a complete description of any adverse im23 pacts that would occur if any need identified in the

24 report is not met.
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1 SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREE2 MENTS.

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

4 (commonly known as the National Park System General

5 Authorities Act; 16 U.S.C. 1a–2) is amended by adding at

6 the end the following:

7 ‘‘(k) LEASES.—

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2) and subject to paragraph (3), the Secretary

10 may enter into a lease with any person or govern11 mental entity for the use of buildings and associated

12 property administered by the Secretary as part of the

13 National Park System.

14 ‘‘(2) PROHIBITED ACTIVITIES.—The Secretary

15 may not use a lease under paragraph (1) to authorize

16 the lessee to engage in activities that are subject to

17 authorization by the Secretary through a concessions

18 contract, commercial use authorization, or similar in19 strument.

20 ‘‘(3) USE.—Buildings and associated property

21 leased under paragraph (1)—

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

23 consistent with the purposes established by law

24 for the unit in which the building is located;

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

26 purposes and values of the unit; and
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1 ‘‘(C) shall be compatible with National

2 Park Service programs.

3 ‘‘(4) RENTAL AMOUNTS.—

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

5 under paragraph (1)—

6 ‘‘(i) payment of fair market value

7 rental shall be required; and

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

9 1932 (47 Stat. 412, chapter 314; 40 U.S.C.

10 303b) shall not apply.

11 ‘‘(B) ADJUSTMENT.—The Secretary may

12 adjust the rental amount as appropriate to take

13 into account any amounts to be expended by the

14 lessee for preservation, maintenance, restoration,

15 improvement, or repair and related expenses.

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

17 promulgate regulations implementing this sub18 section that includes provisions to encourage and

19 facilitate competition in the leasing process and

20 provide for timely and adequate public comment.

21 ‘‘(5) SPECIAL ACCOUNT.—

22 ‘‘(A) DEPOSITS.—Rental payments under a

23 lease under paragraph (1) shall be deposited in

24 a special account in the Treasury of the United

25 States.
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1 ‘‘(B) AVAILABILITY.—Amounts in the spe2 cial account shall be available until expended,

3 without further appropriation, for infrastructure

4 needs at units of the National Park System, in5 cluding—

6 ‘‘(i) facility refurbishment;

7 ‘‘(ii) repair and replacement;

8 ‘‘(iii) infrastructure projects associated

9 with park resource protection; and

10 ‘‘(iv) direct maintenance of the leased

11 buildings and associated properties.

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

13 Secretary shall develop procedures for the use of

14 the special account that ensure accountability

15 and demonstrated results consistent with this

16 Act.

17 ‘‘(l) COOPERATIVE MANAGEMENT AGREEMENTS.—

18 ‘‘(1) IN GENERAL.—Where a unit of the National

19 Park System is located adjacent to or near a State

20 or local park area, and cooperative management be21 tween the National Park Service and a State or local

22 government agency of a portion of either park will

23 allow for more effective and efficient management of

24 the parks, the Secretary may enter into an agreement

25 with a State or local government agency to provide
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1 for the cooperative management of the Federal and

2 State or local park areas. The Secretary may not

3 transfer administration responsibilities for any unit

4 of the National Park System under this paragraph.

5 ‘‘(2) PROVISION OF GOODS AND SERVICES.—

6 Under a cooperative management agreement, the Sec7 retary may acquire from and provide to a State or

8 local government agency goods and services to be used

9 by the Secretary and the State or local governmental

10 agency in the cooperative management of land.

11 ‘‘(3) ASSIGNMENT.—An assignment arranged by

12 the Secretary under section 3372 of title 5, United

13 States Code, of a Federal, State, or local employee for

14 work in any Federal, State, or local land or an exten15 sion of such an assignment may be for any period of

16 time determined by the Secretary and the State or

17 local agency to be mutually beneficial.’’.

18 (b) HISTORIC LEASE PROCESS SIMPLIFICATION.—The

19 Secretary is directed to simplify, to the maximum extent

20 possible, the leasing process for historic properties with the

21 goal of leasing available structures in a timely manner.

Passed the Senate June 11, 1998.

Attest: GARY SISCO,

Secretary.