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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1693 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1693

 To renew, reform, reinvigorate, and protect the National Park System.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 27, 1998

Mr. Thomas (for himself and Mr. Abraham) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To renew, reform, reinvigorate, and protect the National Park System.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    This Act may be cited as the ``Vision 2020 National Parks 
Restoration Act''.

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                       TITLE I--MANAGEMENT REFORM

Sec. 101. Definitions.
Sec. 102. Protection and interpretation of resources.
Sec. 103. Management and career training.
Sec. 104. Strategic management objectives.
Sec. 105. Annual budgets for National Park System.
      TITLE II--PROCEDURES FOR ESTABLISHMENT OF NEW NATIONAL PARKS

Sec. 201. Studies of areas for potential inclusion in the National Park 
                            System.
           TITLE III--RECREATIONAL FEE DEMONSTRATION PROGRAM

Sec. 301. Extension of the recreational fee demonstration program.
                      TITLE IV--CONCESSION REFORM

Sec. 401. Purpose.
Sec. 402. Definitions.
Sec. 403. National Park Service Concession Board.
Sec. 404. Concession Manager.
Sec. 405. Concession contracts.
Sec. 406. Revenue flow; fees to the Government.
Sec. 407. Suspension or termination of concession contract.
Sec. 408. Reporting.
Sec. 409. Promotion of the sales of Indian and Alaska Native 
                            handicrafts.
Sec. 410. Use of nonmonetary consideration in leases of Government 
                            property.
Sec. 411. Applicability of NEPA to renewals and extensions of similar 
                            contracts.
Sec. 412. Miscellaneous.
                TITLE V--NATIONAL PARK PASSPORT PROGRAM

Sec. 501. Purposes.
Sec. 502. Definitions.
Sec. 503. National park passport program.
Sec. 504. Administration.
Sec. 505. International park passport program.
Sec. 506. Authorization of appropriations.
Sec. 507. Effect on other laws and programs.
       TITLE VI--NATIONAL PARKS RESOURCE INVENTORY AND MANAGEMENT

Sec. 601. Purposes.
Sec. 602. Definitions.
Sec. 603. Unit resource study program.
Sec. 604. Cooperative agreements and contracts.
Sec. 605. Inventory and monitoring program.
Sec. 606. Availability of national parks for scientific study.
Sec. 607. Integration of study results into management decisions.
Sec. 608. Confidentiality of information concerning the nature and 
                            location of sensitive resources.
Sec. 609. Authorization of appropriations.
TITLE VII--DESIGNATION OF TAX REFUNDS AND CONTRIBUTIONS FOR THE BENEFIT 
                         OF THE NATIONAL PARKS

Sec. 701. Tax refunds and contributions.
Sec. 702. National Parks Trust Fund.
Sec. 703. Expenditures from the National Parks Trust Fund.
                  TITLE VIII--NATIONAL PARK FOUNDATION

Sec. 801. Promotion of local fundraising support.
             TITLE IX--COMMERCIAL FILMING IN NATIONAL PARKS

Sec. 901. Definitions.
Sec. 902. Commercial filming in national parks.
    TITLE X--CAPITAL IMPROVEMENT PROJECT BOND DEMONSTRATION PROGRAM

Sec. 1001. Findings.
Sec. 1002. Capital improvement projects.
Sec. 1003. Issuance of obligations.
Sec. 1004. Financing.
Sec. 1005. Report.
                        TITLE XI--MISCELLANEOUS

Sec. 1101. United States Park Police.
Sec. 1102. Leases and cooperative management agreements.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) National park.--The term ``national park'' means a unit 
        of the National Park System.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the National 
        Park Service.

                       TITLE I--MANAGEMENT REFORM

SEC. 101. DEFINITIONS.

    In this title, the term ``Ranger Career Directive'' means National 
Park Special Directive 94-3, entitled ``Ranger Careers''.

SEC. 102. PROTECTION AND INTERPRETATION OF RESOURCES.

    Recognizing the ever increasing societal pressures being placed 
upon America's unique park resources by population growth, 
urbanization, and the general loss of natural habitats, the Secretary 
shall continually improve the ability of the National Park System to 
provide state-of-the-art protection and interpretation to the resources 
of the National Park System.

SEC. 103. MANAGEMENT AND CAREER TRAINING.

    (a) Responsibilities.--The park rangers shall be responsible for 
protecting, interpreting, managing, and educating the public about the 
natural and cultural resources contained within the national parks as 
well as serving and protecting park visitors.
    (b) Ranger Career Program.--
            (1) In general.--The Secretary shall strengthen and enhance 
        the park ranger occupation through the ranger careers program 
        designed to enable park rangers to meet competently the various 
        new and increasingly difficult challenges that will confront 
        the national parks in the future.
            (2) Staffing.--The Associate Director for Park Operations 
        and Education, with administrative support from other units of 
        the National Park Service, shall recruit, hire, train, develop, 
        and oversee the operations of park rangers in a consistent and 
        professional manner.
            (3) Career training.--The Secretary shall establish a park 
        ranger careers program (including a training and competency 
        development program) to provide a managed career progression 
from the entry level through the senior executive level of the park 
ranger occupation.
            (4) Management positions.--
                    (A) In general.--The Secretary shall place 
                management positions, including those of park 
                superintendent and higher management levels within the 
                National Park Service, within the park ranger series.
                    (B) Other occupations.--The Secretary shall ensure 
                that appropriate measures are taken, which shall 
                include the provision of qualifying academic course 
                work, so that high potential managerial candidates 
                serving in other occupations within the National Park 
                Service have an opportunity to achieve the fundamental 
                qualifications established for park manager positions.
            (5) Specialized positions.--The Secretary shall ensure that 
        candidates for higher level and specialized park operations 
        positions in the National Park Service, such as education 
        specialists, interpretation specialists, criminal 
        investigators, and other single-focus positions for which a 
        background in general park operations is desirable, are drawn 
        primarily from among park rangers.
            (6) Design phase.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                complete the design phase of the Ranger Careers 
                program, implementing all aspects of the program 
                contained in the Ranger Careers Directive.
                    (B) Educational requirements.--
                            (i) Development.--The Secretary, in 
                        accordance with the Ranger Careers Directive 
                        and in conjunction with the Director of the 
                        Office of Personnel Management, shall develop 
                        new qualification and classification standards 
                        for park rangers within the National Park 
                        Service.
                            (ii) Standards.--Park ranger qualification 
                        and classification standards shall ensure that 
                        a park ranger will be considered a professional 
                        occupation having an entry level course of 
                        study.
                            (iii) Course requirements.--The qualifying 
                        academic background and baccalaureate level 
                        degrees for park rangers, regardless of degree 
                        title, shall contain significant coursework of 
                        at least 24 semester hours in the natural or 
                        cultural sciences or history, received from an 
                        accredited institution of higher education.
            (7) Park ranger workforce.--
                    (A) In general.--Through the Ranger Careers 
                program, the Secretary shall ensure that--
                            (i) the park rangers continue their 
                        traditional focus on protecting, managing, 
                        interpreting, and educating the public about 
                        park resources and managing the use of national 
                        parks by the public;
                            (ii) the park rangers will be managed and 
                        organized according to its 2 traditional 
                        functions of resource and visitor protection 
                        and resource education and interpretation;
                            (iii) both functions of park rangers will 
                        share responsibility for managing the public 
                        use of national parks;
                            (iv) law enforcement commissioned park 
                        rangers will focus primarily on resources law 
                        enforcement and criminal investigations, while 
                        also performing public service, resource 
                        interpretation, resource education, resource 
                        management, and other general duties necessary 
                        to protect resources and visitors in parks; and
                            (v)(I) medical and physical fitness 
                        qualification standards for designated law 
                        enforcement and firefighter park ranger 
                        positions reflect the medical and physical 
                        fitness standards necessary for rigorous law 
                        enforcement and firefighting work; and
                            (II) medical and physical fitness standards 
                        are developed and implemented for other 
                        physically rigorous park ranger duties in 
                        national parks, such as scuba diving, high 
                        altitude and high-angle search and rescue, 
                        emergency medicine, wilderness and winter 
                        operations, caving, and other duties.
                    (B) Precedence of fitness standards.--The medical 
                and physical fitness standards applicable under 
                subparagraph (A)(v) shall be considered to be 
                appropriate job performance tests for purposes of the 
                Age Discrimination in Employment Amendments of 1996 
                (110 Stat. 3009-23), the Age Discrimination in 
                Employment Act of 1967 (29 U.S.C. 621 et seq.), and 
                other Federal law relating to discrimination on the 
                basis of age.
            (8) Operational phase.--
                    (A) In general.--On completion of the design phase 
                of the park ranger Careers program, the Secretary shall 
                implement the operational phase of the program.
                    (B) Components.--The Secretary shall implement--
                            (i) the Service-wide park ranger occupation 
                        replenishment and diversity plan;
                            (ii) the 2-year candidate park ranger 
                        training and development program, which program 
                        shall include philosophical and organizational 
                        orientation training for all new park rangers;
                            (iii) the revised park ranger qualification 
                        and classification system;
                            (iv) the park ranger competency 
                        certification system; and
                            (v) any other measures necessary to ensure 
                        that a fully competent park ranger force is 
                        attained and maintained.
            (9) Centralized management.--The Secretary shall centrally 
        manage the park ranger workforce, with sufficient human and 
        financial resources made available by the Secretary to operate 
        a modern career management system for park rangers.
            (10) Biennial report.--The Secretary shall report 
        biennially to Congress on the current and projected future 
        ability of park rangers to achieve the assigned role of park 
        rangers in achieving the mission of the National Park Service 
        to conserve park resources unimpaired for future generations 
        while providing for the enjoyment by the public of those 
        resources.
    (c) Funding.--From amounts made available to the Secretary from the 
fee demonstration program under title III, the Secretary shall use a 
portion of not to exceed $10,000,000 per year, for the implementation 
and operation of the park ranger Career program.
    (d) Reports.--The Secretary shall report regularly to Congress on 
the state of the park ranger occupation.

SEC. 104. STRATEGIC MANAGEMENT OBJECTIVES.

    (a) In General.--During 2000 and biennially thereafter, the 
Secretary shall implement a strategic management plan for the National 
Park Service.
    (b) Focus.--The strategic management plan shall focus on functions 
performed at the national headquarters, regional offices, support 
offices, service centers, and national parks.
    (c) Objectives.--The strategic management plan shall have 
measurable management objectives designed to--
            (1) implement procedures to ensure that national parks and 
        offices operate with measurable goals and objectives that 
        ensure strict budget accountability;
            (2) determine at which levels the various functions can 
        best be performed;
            (3) evaluate whether specific activities could be 
        consolidated or eliminated; and
            (4) evaluate the possibility of increasing the use of the 
        private sector in individual National Park Service functions.
    (d) Report.--Not later than September 30, 2000, the Secretary shall 
submit to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Resources of the House of Representatives a report 
detailing the actions that will be implemented as a result of the 
strategic management plan.

SEC. 105. ANNUAL BUDGETS FOR NATIONAL PARK SYSTEM.

    (a) In General.--As early as practicable before each fiscal year, 
the superintendent or manager of each national park, central office, 
and support office of the National Park System shall develop and make 
available to the public a comprehensive annual budget for the national 
park, central office, and support office, respectively.
    (b) Contents.--A budget for a national park under subsection (a) 
shall--
            (1) describe in detail the annual operating budget for the 
        national park; and
            (2) reflect the relationships among costs, service levels, 
        and performance standards in the national park.

      TITLE II--PROCEDURES FOR ESTABLISHMENT OF NEW NATIONAL PARKS

SEC. 201. STUDIES OF AREAS FOR POTENTIAL INCLUSION IN THE NATIONAL PARK 
              SYSTEM.

    Section 8 of Public Law 91-383 (16 U.S.C. 1a-5) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``General Author- ity.--'' after 
                ``(a)'';
                    (B) by striking the second through sixth sentences;
                    (C) by striking ``For the purposes of carrying 
                out'' and inserting the following:
    ``(e) Authorization of Appropriations.--For the purposes of 
carrying out''; and
            (2) by inserting after subsection (a) the following:
    ``(b) Studies of Areas for Potential Inclusion in the National Park 
System.--
            ``(1) In general.--At the beginning of each calendar year, 
        the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Resources 
        of the House of Representatives a list of areas recommended for 
        study for potential inclusion as new units in the National Park 
        System.
            ``(2) Factors used in developing list.--In developing the 
        list submitted under this subsection, the Secretary shall 
        consider--
                    ``(A) areas that have the greatest potential for 
                meeting the established criteria of national 
                significance, suitability, and feasibility;
                    ``(B) themes, sites, and resources not adequately 
                represented in the National Park System; and
                    ``(C) congressional requests.
            ``(3) Specific authorization.--No study of the potential of 
        an area for inclusion in the National Park System may be 
        initiated after the date of enactment of the Vision 2020 
        National Parks Restoration Act, except as provided by specific 
        authorization of an Act of Congress.
            ``(4) Planning activities.--Nothing in this subsection 
        limits the authority of the Secretary to expend not more than 
        $25,000 on any 1 of the following:
                    ``(A) The conduct of a preliminary resource 
                assessment.
                    ``(B) Collection of data on a potential study area.
                    ``(C) Provision of technical and planning 
                assistance.
                    ``(D) Preparation or processing of a nomination for 
                an administrative designation.
                    ``(E) Updating of a previous study.
                    ``(F) Completion of a reconnaissance survey of an 
                area.
            ``(5) National wild and scenic rivers system; national 
        trails system.--Nothing in this section applies to, affects, or 
        alters the study of--
                    ``(A) any river segment for potential addition to 
                the National Wild and Scenic Rivers System; or
                    ``(B) any trail for potential addition to the 
                National Trails System.
            ``(6) Public involvement.--In conducting a study under this 
        subsection, the Secretary shall--
                    ``(A) provide an opportunity for public 
                involvement, including at least 1 public meeting in the 
                vicinity of the area under study; and
                    ``(B) make reasonable efforts to notify potentially 
                affected landowners and State and local governments.
            ``(7) Factors used in conducting study.--In conducting a 
        study of an area under this subsection, the Secretary--
                    ``(A) shall consider whether the area--
                            ``(i) possesses nationally significant 
                        natural, historic or cultural resources, or 
                        outstanding recreational opportunities;
                            ``(ii) represents 1 of the most important 
                        examples of a particular resource type in the 
                        United States; and
                            ``(iii) is a suitable and feasible addition 
                        to the National Park System;
                    ``(B) shall consider--
                            ``(i) the rarity and integrity of the 
                        resources of the area;
                            ``(ii) the threats to resources;
                            ``(iii) whether similar resources are 
                        already protected in the National Park System 
                        or in other public or private ownership;
                            ``(iv) the public use potential of the 
                        area;
                            ``(v) the interpretive and educational 
                        potential of the area;
                            ``(vi) costs associated with acquisition, 
                        development, and operation of the area and the 
                        source or revenue to pay for the cost;
                            ``(vii) the socioeconomic impacts of 
                        inclusion of the area in the National Park 
                        System;
                            ``(viii) the level of local and general 
                        public support for the inclusion;
                            ``(ix) whether the area is of appropriate 
                        configuration to ensure long-term resource 
                        protection and visitor use; and
                            ``(x) the potential impact on the inclusion 
                        of the area on existing units of the National 
                        Park System;
                    ``(C) shall consider whether direct management by 
                the Secretary or alternative protection by other public 
                agencies or the private sector is appropriate for the 
                area;
                    ``(D) shall identify what alternative or 
                combination of alternatives would, as determined by the 
                Secretary, be most effective and efficient in 
                protecting significant resources and providing for 
                public enjoyment; and
                    ``(E) may include any other information that the 
                Secretary considers pertinent.
            ``(8) Preferred management option.--The letter transmitting 
        a completed study to Congress shall contain a recommendation 
        regarding the preferred management option of the Secretary for 
        the area, and the numerical priority ranking for the area in 
        the current list established under subsection (d).
            ``(9) Deadline for studies.--Not later than 3 complete 
        fiscal years after the date of enactment of an Act of Congress 
        providing specifically for the study of an area for potential 
        inclusion in the National Park System, the Secretary shall 
        complete the study of the area for potential inclusion in the 
        System.
    ``(c) Office.--The Secretary shall establish a single office to 
carry out this section.
    ``(d) List of Previously Studied Areas With Historical or Natural 
Resources.--
            ``(1) In general.--At the beginning of each calendar year, 
        the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and to the Committee on 
        Resources of the House of Representatives--
                    ``(A) a list of areas that have been previously 
                studied under this section that contain primarily 
                historical or cultural resources, but have not been 
                added to the National Park System; and
                    ``(B) a list of areas that have been previously 
                studied under this section that contain primarily 
                natural resources, but have not been added to the 
                National Park System.
            ``(2) Priority.--Each list under paragraph (1) shall list 
        areas in numerical order of priority for addition to the 
        National Park System.
            ``(3) Factors.--In developing a list under paragraph (1), 
        the Secretary shall consider the factors described in 
        subsection (b)(2).
            ``(3) Supporting data.--The Secretary shall include on a 
        list under paragraph (1) only areas for which supporting data 
        are current and accurate.''.

           TITLE III--RECREATIONAL FEE DEMONSTRATION PROGRAM

SEC. 301. EXTENSION OF THE RECREATIONAL FEE DEMONSTRATION PROGRAM.

    (a) Authority.--The authority provided to the National Park Service 
under the recreational fee demonstration program authorized by section 
315 of Public Law 104-134 (16 U.S.C. 460l-6a note)--
            (1) is extended through September 30, 2005; and
            (2) shall be available for all units of the National Park 
        System, except that no recreational admission fee may be 
        charged at Great Smoky Mountains National Park and Lincoln Home 
        National Historic Site.
    (b) Report.--
            (1) In general.--Not later than September 30, 2000, the 
        Secretary of the Interior shall submit to the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Resources of the House of Representatives a report detailing 
        the status of the recreational fee demonstration program 
        conducted in national parks under section 315 of Public Law 
        104-134 (16 U.S.C. 460l-6a note).
            (2) Contents.--The report under paragraph (1) shall 
        contain--
                    (A) an evaluation of the fee demonstration program 
                conducted at each national park;
                    (B) with respect to each national park, a 
                description of the criteria that were used to determine 
                whether a recreational fee should or should not be 
                charged at the national park; and
                    (C) a description of the manner in which the amount 
                of the fee at each national park was established.

                      TITLE IV--CONCESSION REFORM

SEC. 401. PURPOSE.

    (a) In General.--The purpose of this title is to provide for the 
continuing involvement of the private sector in the delivery of high-
quality goods and services in the national parks.
    (b) Determination.--To accomplish the purpose of this title, 
Congress has determined that it is in the best interest of visitors to 
national parks that--
            (1) the contribution of the private sector to the 
        administration of and investment in the national parks, 
        particularly in the area of visitor services, be an important 
        element of a coordinated program to reinvigorate the national 
        parks for the future;
            (2) the Secretary continue to solicit persons to enter into 
        contracts with the United States to provide the goods and 
        services at each national park that are necessary or desirable 
        to provide for public visitation and enjoyment of the national 
        park, in a manner that will ensure the conservation and 
        preservation of the natural, cultural, and biological resources 
        for which the national park was established;
            (3) substantial economies and improved service to park 
        visitors be achieved by directing the Secretary to contract 
        with an independent third-party asset manager, with substantial 
        experience in the hospitality, food service, and retail sectors 
        and with recognized business and financial expertise, to 
        undertake many of the functions now conducted by government 
        employees concerning contract preparation and solicitation, 
        contractor selection, program development, and performance 
        evaluation;
            (4) the administration of contracts be simplified while 
        ensuring compliance with the terms, conditions, and provisions 
        of each contract;
            (5) contractors be given adequate incentives to invest in 
        improvements that support their operations, by affording 
        contractors a reasonable opportunity to profit from each 
        contract and achieve a reasonable return on any investments 
        made;
            (6) the bidding procedures for contracts be revised and 
        clarified to increase the competition for each contract, in 
        particular in circumstances in which the Secretary believes 
        that goods and services provided under a contract should be 
        significantly enhanced;
            (7) to the extent consistent with paragraphs (1) through 
        (6), each contract provide for payment of fees or other 
        monetary or nonmonetary consideration to the United States for 
        the benefit of the national park relating to the contract, and, 
        in certain cases, for the benefit of national parks generally, 
        in order to further enhance the visitor services provided by 
        the National Park Service in each national park; and
            (8) certain transitional rules may be necessary to prevent 
        dislocation and to ensure that the United States honors 
commitments under contracts entered into before the date of enactment 
of this Act.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Capital improvement.--The term ``capital improvement'' 
        means a capital investment made by a concessionaire in a 
        structure, fixture, or nonremovable equipment located in a 
        national park that would be capitalized under generally 
        accepted accounting principles.
            (2) Concessionaire.--The term ``concessionaire'' means a 
        person providing a concession service under a concession 
        contract with the Secretary.
            (3) Concession board.--The term ``Concession Board'' means 
        the Concession Board appointed under section 403.
            (4) Concession manager.--The term ``Concession Manager'' 
        means the Concession Manager of the National Park Service 
        appointed under section 404.
            (5) Consumer price index.--The term ``Consumer Price 
        Index'' means--
                    (A) the Consumer Price Index--All Urban Consumers 
                published by the Bureau of Labor Statistics of the 
                Department of Labor; or
                    (B) if the index specified in subparagraph (A) is 
                not published, the Consumer Price Index or other 
                regularly published cost-of-living index chosen by the 
                Secretary that approximates the index specified in 
                subparagraph (A).
            (6) Maintenance account.--The term ``maintenance account'' 
        means a segregated account established by a concessionaire, as 
        required by a concession contract, for the maintenance of a 
        structure or other equipment assigned to the concessionaire 
        under the concession contract that directly supports the 
        services provided by the concessionaire.

SEC. 403. NATIONAL PARK SERVICE CONCESSION BOARD.

    (a) Establishment.--There is established within the National Park 
Service a Concession Board.
    (b) Membership.--The Concession Board shall be composed of--
            (1) 6 individuals appointed by the Secretary, of whom--
                    (A) 3 shall be past or present employees of the 
                National Park Service with substantial experience in 
                concession management; and
                    (B) 3 shall be individuals (other than employees of 
                the National Park Service or concessionaires) with 
                substantial experience in the hospitality industry who 
                have no financial interest in a concessionaire and have 
                no other direct or indirect conflict of interest 
                respecting any concessionaire, the Department of the 
                Interior, or any public interest, political action, or 
                other group or association that actively engages in 
                lobbying activities concerning the national parks; and
            (2) the Secretary, who shall serve as chairperson.
    (c) Term.--
            (1) In general.--A member of the Concession Board appointed 
        under subsection (b)(1) shall be appointed for a term not to 
        exceed 4 years.
            (2) Staggered terms.--The Secretary may stagger the terms 
        of members appointed under subsection (b)(1).
            (3) Vacancies.--The Secretary may appoint a member to serve 
        for the unexpired term of any departing member.
    (d) Functions.--The Concession Board shall--
            (1)(A) assist the Secretary in the preparation and issuance 
        of a solicitation for proposals from persons that satisfy the 
        criteria established in section 404(a)(3) to serve as 
        Concession Manager;
            (B) review all proposals received and interview all persons 
        that meet the requirements as specified in the solicitation for 
        proposals; and
            (C) submit to the Secretary a recommendation for 
        appointment of the Concession Manager;
            (2) review decisions of the Concession Manager and make 
        recommendations to the Secretary regarding--
                    (A) the selection of concessionaires; and
                    (B) such other matters as the Secretary may refer 
                to the Concession Board;
            (3) make recommendations to the Secretary regarding--
                    (A) allocation of fees collected from 
                concessionaires for the purposes of section 406; and
                    (B) how much funding should be allocated to 
                individual national parks after concession capital 
                improvement programs and maintenance operations are 
                funded; and
            (4) mediate disputes between the concessionaires and the 
        Concession Manager or national park superintendents and make 
recommendations to the Secretary regarding resolution of the disputes.

SEC. 404. CONCESSION MANAGER.

    (a) Appointment.--
            (1) Contract award.--The Secretary shall award a single 
        contract for the appointment of a Concession Manager for all 
        national parks.
            (2) Selection.--The contract under paragraph (1) shall be 
        awarded to the person that submits the best proposal, as 
        determined by the Secretary after taking into account the 
        recommendation of the Concession Board.
            (3) Criteria.--The Concession Manager shall be an 
        independent, nongovernmental entity--
                    (A) that has substantial experience in the 
                management of large hotel, food service, retail, and 
                recreational properties; and
                    (B) that has no financial interest in a 
                concessionaire or any other direct or indirect conflict 
                of interest respecting any concessionaire, the 
                Department of the Interior, or any other public 
                interest, political action, or other group or 
                association that actively engages in lobbying 
                activities concerning the national parks.
    (b) Term.--The term of a contract under subsection (a) shall not 
exceed 10 years.
    (c) Functions.--The Concession Manager shall--
            (1) solicit, negotiate, and enforce the terms and 
        conditions of concession contracts in compliance with this 
        title; and
            (2) submit recommendations to the Secretary regarding the 
        award of concession contracts, including--
                    (A) prescription of an economically viable scope of 
                work to be performed (including, if applicable, a 
                capital investment requirement) that is economically 
                sufficient to generate bidding interest for the 
                concession contract from qualified individuals or 
                businesses;
                    (B) establishment of the terms and conditions of a 
                concession contract in accordance with section 405(a);
                    (C) determine whether to renew a contract without 
                issuance of a prospectus as permitted under section 
                405(g);
                    (D) develop a capital improvement and maintenance 
                program for all concession facilities, including 
                development of--
                            (i) overall facility standards based on 
                        comparable industry standards; and
                            (ii) site-specific capital improvement and 
                        maintenance programs for the areas in which 
                        concession activities will be conducted;
                    (E) develop a quality-assurance plan for each 
                concession operation in accordance with subsection (e);
                    (F) conduct periodic inspections to ensure that the 
                terms and conditions of a concession contract are fully 
                complied with and that the standards developed under a 
                quality assurance plan are met;
                    (G) on a regular basis, conduct visitor surveys 
                seeking information regarding concession activities; 
                and
                    (H) review general management and development 
                concept plans prepared by the National Park Service and 
                identify provisions of a plan that create undue 
                operational or financial burdens on concessionaires or 
                are otherwise incompatible with the visitation service 
                needs of a national park.
    (d) Prospectus Requirements.--Any prospectus issued by the 
Concession Manager shall, at a minimum, include--
            (1) a description of the character, timing, and amount of 
        any capital investments that will be required under the 
        concession contract, including the payment of the value of 
        possessory interest or leaseholder surrender value under 
        section 405(b)(1)(G), if any, to the departing concessionaire, 
        as applicable and consistent with section 405;
            (2) a detailed description of the areas, structures, 
        fixtures, and nonremovable equipment to be leased or assigned 
        to the concessionaire, and the rental, if any, attributable to 
        government-owned buildings not subject to a leasehold surrender 
        value;
            (3) a description of any quality assurance plan developed 
        for the concession contract under subsection (e);
            (4) the minimum amount that will be required to be 
        contributed to any maintenance account specified in the 
        concession contract in accordance with section 405(d), and the 
        current balance of any existing maintenance account that will 
        be transferred to the concessionaire, with a detailed 
        description of any maintenance standards that are required to 
        be adhered to by the concessionaire;
            (5) the term of the concession contract in accordance with 
        section 405(e);
            (6) a description of all fees sought by the Government in 
        connection with the concession contract;
            (7) a description of any personal property to be sold by 
        the departing concessionaire and the cost of the personal 
        property;
            (8) a description of any special rights held by third 
        parties or limitations that have been or are anticipated to be 
        imposed on the operations of the national park that might 
        materially affect the proposal; and
            (9) the criteria that will be used to qualify the bidders 
        and evaluate any proposal received (including experience, 
        financial capability, record relative to resource protection, 
        quality of service relative to facilities assigned, and capital 
        commitment).
    (e) Quality Assurance Plan Requirements.--A quality assurance plan 
for a concession contract--
            (1) shall be tailored to the nature and character of the 
        goods and services provided under the concession contract;
            (2) may be based on comparable industry standards;
            (3) shall be included in contracts as awarded; and
            (4) shall have the purpose of maximizing the quality of 
        service provided to the public consistent with the terms of the 
        concession contract and the nature and character of the 
        facilities operated under the concession contract.
    (f) Funding of Consideration.--All consideration paid to the 
Concession Manager under a contract under subsection (a) shall be 
funded with concession contract fees and paid to the Concession Manager 
in accordance with section 406.
    (g) Staffing of the National Park Service.--
            (1) Regional and national offices.--Not later than 2 years 
        after the date of enactment of this Act--
                    (A) each regional office shall retain 1 National 
                Park Service employee to act as concession coordinator 
                for the region of the office; and
                    (B) the headquarters of the National Park Service 
                in Washington, D.C., shall retain 3 members of the 
                staff to act as concession coordinators for all 
                national parks.
            (2) Park service employees.--No career full-time employee 
        of the National Park Service assigned to concession operations 
        at the time at which the Concession Manager is selected shall 
        be separated from the National Park Service by reason of 
        turning the management of concession operations over to the 
        Concession Manager.
            (3) Internal hiring.--Any career full-time employee of the 
        National Park Service employed under the auspices of the 
        concession program on the date of enactment of this Act shall 
        be given priority placement for any available position within 
        the National Park System notwithstanding any priority 
        reemployment lists, directives, rules, regulations, or other 
        orders of the Department of the Interior, the Office of 
        Management and Budget, or any other Federal agency.

SEC. 405. CONCESSION CONTRACTS.

    (a) In General.--
            (1) Terms and conditions.--A concession contract shall 
        include--
                    (A) terms and conditions that are consistent with 
                this title, the general management plan of a national 
                park, and such matters as the Secretary may prescribe 
                regarding resource protection and other National Park 
                Service concerns; and
                    (B) provisions relating to a description of the 
                goods and services that shall or may be provided under 
                the concession contract, and the minimum contract 
                requirements with respect to the goods and services, 
                including--
                            (i) visitor services;
                            (ii) purchased goods;
                            (iii) interpretation;
                            (iv) park administrative functions;
                            (v) employee housing and other nonincome 
                        producing facilities; and
                            (vi) other services or activities.
            (2) Franchise fees.--
                    (A) Contract specification.--The amount of a 
                franchise fee for the privilege of providing concession 
                services under this title shall be specified in a 
                concession contract.
                    (B) Contents.--The franchise fee for a concession 
                contract may include any of the following:
                            (i) An annual cash payment for the 
                        privilege of providing concession services.
                            (ii) Fees for rental or lease of 
                        Government-owned facilities or land occupied by 
                        the concessionaire.
                            (iii) Expenditures for maintenance of or 
                        improvements to Government-owned facilities 
                        occupied by the concessionaire.
            (3) Minimum acceptable fee.--
                    (A) In general.--The Concession Manager shall 
                establish a minimum fee for each applicable category 
                specified in paragraph (2)(B) that is acceptable to the 
                Secretary.
                    (B) Bases.--The amount of a minimum fee shall be 
                based on--
                            (i) historical data, if available; and
                            (ii) industry-specific and other market 
                        data available to the Secretary and the 
                        Concession Manager.
            (4) Adjustment of fees.--No franchise fee or other fee 
        collected in connection with a concession contract shall be 
        subject to adjustment during the term of the concession 
        contract except in accordance with a mathmatical formula 
        specified in the concession contract.
    (b) Capital Improvements.--
            (1) Possessory interests under existing contracts.--
                    (A) Compensation by appraisal.--Not less than 12 
                months before the expiration of a concession contract 
                existing on the date of enactment of this Act under 
                which the concessionaire holds a possessory interest, 
                if the amount of compensation has not been agreed to 
                previously by the Secretary and the concessionaire, the 
                concessionaire shall submit to the Secretary an 
                independent appraisal of the sound value (as defined in 
                Public Law 89-249 (16 U.S.C. 20 et seq.) of the 
                structures, fixtures, or improvements in which the 
                concessionaire has a possessory interest under Public 
                Law 89-249 (16 U.S.C. 20 et seq.).
                    (B) Appraisals.--
                            (i) Timing.--An appraisal under 
                        subparagraph (A)--
                                    (I) shall be performed by an 
                                appraiser with significant experience 
                                in the appraisal of assets similar to 
                                those to be valued in the appraisal; 
                                and
                                    (II) shall be dated as of a date 
                                not earlier than the date that is 18 
                                months before the date of expiration of 
                                the concession contract.
                            (ii) Post-appraisal acquisitions.--Any 
                        structure, fixture, or improvement acquired or 
                        constructed after the date of the appraisal in 
                        which the concessionaire holds a possessory 
                        interest shall be deemed to have a sound value 
                        as of the date of acquisition or construction 
                        equal to the concessionaire's original cost 
                        adjusted for any physical deterioration of the 
                        structure, fixture, or improvement.
                    (C) Possessory interests.--
                            (i) Purchase.--The Secretary shall pay (or 
                        cause the succeeding concessionaire to pay) to 
                        the concessionaire for the concessionaire's 
                        possessory interest, on the termination of the 
                        contract, an amount equal to--
                                    (I) the appraised sound value (as 
                                determined under this section); or
                                    (II) the concessionaire's original 
                                cost for newly constructed or acquired 
                                structures, fixtures, or improvements 
                                as set forth in paragraph (2);
                        as applicable, increased by the percentage 
                        increase in the Consumer Price Index from the 
                        month in which the appraisal was made to the 
                        date of payment.
                            (ii) Payment.--The amount under clause (i) 
                        shall be paid not later than 30 days after the 
                        date of termination of the contract or 30 days 
                        after the date of the determination of the 
                        amount, except to the extent that the amount is 
                        carried forward under subparagraph (F).
                    (D) Appraisal disputes.--
                            (i) Second appraisal.--If the Secretary 
                        disagrees with the appraisal submitted by a 
                        concessionaire, the Secretary may, not less 
                        than 90 days after receipt of the 
                        concessionaire's appraisal, present the 
                        concessionaire with an independent appraisal 
                        performed by an appraiser with significant 
                        experience in the appraisal of assets similar 
                        to those valued in the appraisal submitted by 
                        the concessionaire, dated as of the same date 
                        as the concessionaire's appraisal.
                            (ii) Selection of third appraisal.--If the 
                        Secretary and the concessionaire are unable to 
                        agree on the appraised value within 30 days 
                        after the concessionaire receives the 
                        Secretary's appraisal, the Secretary's 
                        appraiser and the concessionaire's appraiser 
                        shall choose a third appraiser.
                            (iii) Court determination.--If the 
                        Secretary fails to make a determination within 
                        60 days after receipt of a report by the third 
                        appraiser, the concessionaire may petition the 
                        United States Court of Federal Claims for a 
                        determination of the value of the possessory 
                        interest. Subject to the right of appeal, a 
                        determination by the court shall be binding for 
                        purposes of this section on all parties.
                    (E) Payment.--The concessionaire shall pay the cost 
                of the concessionaire's appraisal and the United States 
                shall pay the cost of the Secretary's appraisal. If a 
                third appraiser is selected under subparagraph (D), the 
                cost of the third appraisal shall be shared equally by 
                the concessionaire and the United States.
                    (F) Conversion to leasehold surrender value.--
                            (i) Valuation of capital improvements.--To 
                        the extent that a succeeding concessionaire 
                        pays for the possessory interest of a preceding 
                        concessionaire, the amount paid--
                                    (I) shall constitute the initial 
                                leaseholder surrender value respecting 
                                the applicable capital improvements at 
                                the commencement of the concession 
                                contract; and
                                    (II) shall be valued in accordance 
                                with paragraph (2).
                            (ii) Carryover amounts.--If an existing 
                        concessionaire is awarded a concession 
                        contract, the existing concessionaire shall 
                        carry over, as leasehold surrender value under 
                        paragraph (2), the amount that any other bidder 
                        on the concession contract would have paid to 
                        the existing concessionaire under the 
                        concession contract, with the remainder of any 
                        amount payable to the existing concessionaire 
                        to be paid under subparagraph (C).
            (2) Leasehold surrender value under new concession 
        contracts.--
                    (A) In general.--Each concession contract that 
                contemplates capital investment by the concessionaire 
                in any capital improvements shall contain a provision 
                requiring that on the expiration or other termination 
                of the concession contract, the Secretary shall pay, or 
                cause the person that is awarded the successor 
                concession contract to the concession contract to pay, 
                to the concessionaire, as compensation for the 
                concessionaire's investment in the capital improvement, 
                the leasehold surrender value determined under 
                subparagraph (B).
                    (B) Computation of leasehold surrender value.--
                            (i) Property right.--A concessionaire shall 
                        have a property right in each capital 
                        improvement in which the concessionaire makes 
                        an investment as contemplated by the concession 
                        contract, consisting solely of a right to 
                        compensation for the capital improvement to the 
                        extent of the concessionaire's leasehold 
                        surrender value in the capital improvement.
                            (ii) Property right as collateral.--A 
                        property right under clause (i)--
                                    (I) may be given as security for 
                                financing of a capital improvement; and
                                    (II) shall be transferred in 
                                connection with any transfer of the 
                                concession contract under subsection 
                                (f).
                            (iii) Duration.--The leasehold surrender 
                        value--
                                    (I) shall not be extinguished by 
                                the expiration or other termination of 
                                a concession contract; and
                                    (II) may not be taken for public 
                                use, except on payment of just 
                                compensation.
                            (iv) Calculation.--The amount of the 
                        leasehold surrender value for a capital 
                        improvement shall be an amount that is equal 
                        to--
                                    (I) the cost of the capital 
                                improvement to the contractor, 
                                increased (or decreased) in the same 
                                percentage as the percentage increase 
                                (or decrease) in the Consumer Price 
                                Index, from the date of making the 
                                investment in the capital improvement 
                                by the concessionaire to the date of 
                                payment of the leasehold surrender 
                                value, less depreciation evidenced by 
                                the condition and prospective 
                                serviceability in comparison with a new 
                                unit of like kind; or
                                    (II) in the case of any structure, 
                                fixture, or equipment for which the 
                                concessionaire paid the leasehold 
                                surrender value (or possessory interest 
                                under paragraph (1)(C)) to a previous 
                                concessionaire or for which any 
                                leasehold surrender value (or 
                                possessory interest) is carried over 
                                from an existing contract under 
                                paragraph (1)(F), the amount paid or 
                                carried over.
    (c) Rates and Prices.--
            (1) In general.--Subject to paragraph (2), a concession 
        contract shall permit the concessionaire to determine the 
        appropriate level of pricing for goods and services sold by the 
        concessionaire.
            (2) Excess over market prices.--A concession contract shall 
        provide that it shall be a default under the concession 
        contract if the concessionaire's rates and prices, in the 
        aggregate, materially exceed market prices for comparable goods 
        and services, taking into consideration relevant operating 
        constraints experienced by the concessionaire under the 
        concession contract, such as limited operating season or hours, 
        nonrevenue producing contract provisions, other legal 
        requirements, and the effect of remote location on operating 
        and employment costs.
    (d) Maintenance Accounts.--
            (1) In general.--A concession contract may require that 
        separate maintenance accounts may be established for the 
        maintenance of--
                    (A) structures, fixtures, and other improvements in 
                which the concessionaire is entitled to a leasehold 
                surrender value; and
                    (B) other structures or other improvements assigned 
                to the concessionaire.
            (2) Existing improvements.--A concession contract shall not 
        require deposits in a maintenance account that are in excess of 
        the amount reasonably anticipated as being necessary during the 
        term of the concession contract to maintain the structures and 
        improvements to be benefited in their condition as of the date 
        of execution of the concession contract.
            (3) New improvements.--A concession contract may provide 
        for deposits in a maintenance account after completion of any 
        new structures, fixtures, or improvements assigned to the 
        concessionaire, in an amount not in excess of the amount 
        reasonably anticipated as being necessary during the remaining 
        term of the concession contract to maintain the structures, 
        fixtures, and improvements.
            (4) Withdrawals.--
                    (A) Maintenance.--Except as provided in 
                subparagraph (B), a concessionaire may withdraw amounts 
                from a maintenance account solely for maintenance of 
                structures, fixtures, and improvements.
                    (B) Additional capital expenditures.--With the 
                consent of the Concession Manager, a concessionaire may 
                withdraw amounts from a maintenance account for the 
                purpose of making additional capital expenditures to 
                support concession operations.
    (e) Term.--
            (1) In general.--The term of a concession contract shall be 
        determined by the Concession Manager based on the economic 
        requirements of the concession contract.
            (2) Capital improvements.--The term of a concession 
        contract that will require the concessionaire to invest in a 
        capital improvement so as to entitle the concessionaire to 
        payment of the leasehold surrender value of the capital 
        improvement shall be not less than 15 years.
    (f) Transferability.--
            (1) In general.--A concession contract shall be 
        transferable only with the approval of the Secretary.
            (2) Approval.--
                    (A) In general.--The Secretary shall approve a 
                transfer of a concession contract unless the Secretary 
                determines that the transferee does not have sufficient 
                professional, financial, and other resources or 
                business experience to be capable of performing the 
                concession contract for the remainder of the term of 
                the concession contract.
                    (B) Failure to act.--If the Secretary fails to 
                approve or disapprove a transfer under paragraph (1) 
                within 60 days after the date on which the Secretary or 
                Concession Manager receives all necessary information 
                requested by the Secretary or Concession Manager with 
                respect to the transfer, the transfer shall be deemed 
                to have been approved.
            (3) No additional terms or conditions.--The Secretary shall 
        not condition approval of a transfer of a concession contract 
        on acceptance by the transferee of additional terms or 
        conditions as part of the concession contract.
            (4) Effect of transfer.--Upon the transfer of any 
        concession contract, the transferee shall succeed to all of the 
        rights, duties, and obligations of the transferring 
        concessionaire under the concession contract and this Act.
    (g) Renewal of Contracts.--
            (1) In general.--Except as provided in paragraph (2), a 
        concessionaire shall be given no preference in the opportunity 
        to provide new or additional services or to be awarded a 
        renewal of a concession contract the term of which is expiring 
        or has expired.
            (2) Exceptions.--
                    (A) Guides and outfitters.--
                            (i) In general.--Paragraph (1) does not 
                        apply to a concessionaire that has conducted a 
                        guide or outfitting operation under a permit 
                        issued or contract awarded by the Secretary.
                            (ii) Right of first renegotiation.--A 
                        concessionaire that has conducted a guide or 
                        outfitting operation under a permit issued or 
                        contract awarded by the Secretary shall have a 
                        right of first renegotiation on expiration of 
                        the permit or contract.
                    (B) Minor expansion of concession contract.--
                Nothing in this title prohibits the Secretary and a 
                concessionaire from amending a concession contract to--
                            (i) change the quality or quantity of goods 
                        or services provided under the concession 
                        contract; or
                            (ii) provide new or additional services 
                        that are a natural extension of the concession 
                        contract and complement services already 
                        provided under the concession contract;
                so long as the amendment does not materially change the 
                nature or scope of the concession contract as a whole.
                    (C) Small contracts.--The Secretary may negotiate 
                any individual concession contract with anticipated 
                annual revenues of less than $2,000,000 (adjusted 
                annually for changes in the Consumer Price Index) 
                without the issuance of a prospectus or the 
                solicitation of competitive bids.
                    (D) Emergency and temporary contracts.--A 
                concession contract may be awarded or extended for a 
                period not to exceed 3 years without competitive bids--
                            (i) if necessary to avoid curtailment of 
                        visitor services at a national park; or
                            (ii) for the purpose of providing goods or 
                        services that are expected to be of temporary 
                        duration.
    (h) Bidding Procedures.--
            (1) Solicitation of bids.--
                    (A) Prospectus.--After the Concession Manager 
                determines that a concession contract will be awarded 
                through the solicitation of competitive bids and a 
                prospectus has been prepared and approved in accordance 
                with this Act, the Concession Manager shall issue the 
                prospectus to potential concessionaires.
                    (B) Contents.--The prospectus shall, in addition to 
                the provisions required under subsection (a)(1), 
                contain--
                            (i) provisions that clearly set forth the 
                        relative importance of each criterion to be 
                        considered with respect to each bid (based on a 
                        system of points to be awarded for each 
                        criterion);
                            (ii) an explanation of the bid review and 
                        selection process; and
                            (iii) such other information concerning the 
                        national park and the award as the Concession 
                        Manager considers relevant.
                    (C) Priorities.--In the determination of the 
                winning bid, consideration of fee income to the United 
                States shall be of secondary importance to the 
                financial capability of the concessionaire and the 
                quality, scope of service, and upgrade of facilities 
                and services that are expected to result from award of 
                the concession contract.
                    (D) Substantial factors.--Prior experience in the 
                management of operations delivering the same or similar 
                goods and services in the national park or in other 
                similar operations shall be a criterion given 
                substantial weight (not less than 10 percent of the 
                points awarded) by the Concession Manager and the 
                Secretary in the final selection of the winning bid.
            (2) Qualification of bidders; rejection of bids.--
                    (A) Experience and capabilities.--A prospectus for 
                the award of a concession contract with anticipated 
                annual revenues in excess of $5,000,000 may require 
                that each prospective bidder submit to the Concession 
                Manager, before submission of bids, a description of 
                its business and organization that is sufficient to 
                permit the Concession Manager to determine whether the 
                prospective bidder has sufficient financial capability 
                and experience in the management of operations that are 
                similar to those that will be required under the 
                concession contract that there is a reasonable 
                likelihood, as determined by the Concession Manager, 
                that the prospective bidder will be able to fulfill its 
                obligations under the concession contract.
                    (B) Submission.--All prospective bidders, except 
                any that the Concession Manager determines does not 
                have the financial capability and experience described 
                in subparagraph (A) (if applicable), shall be permitted 
                to submit a bid for the award of the concession 
                contract.
                    (C) Rejection.--After bids are received, the 
                Concession Manager may reject any bid that the 
                Concession Manager determines is not substantially 
                responsive to the criteria set forth in the prospectus.
            (3) Selection of concessionaire; negotiation and execution 
        of concession contract.--
                    (A) Evaluation.--All bids not rejected by the 
                Concession Manager in accordance with this title shall 
                be evaluated based on the bid review and selection 
                process set forth in the prospectus.
                    (B) Selection.--The bidder submitting the bid 
                receiving the highest number of points awarded for the 
                criteria set forth in the prospectus shall be selected 
                for negotiation of the concession contract.
                    (C) Negotiation.--The negotiation--
                            (i) shall be conducted by the Concession 
                        Manager in good faith with the selected bidder; 
                        and
                            (ii) shall be confined to any terms of the 
                        concession contract that the bidder identified 
                        in the bid submitted as being unacceptable.
                    (D) Termination.--Until agreement is reached on the 
                terms of a concession contract, the Concession Manager 
                may terminate the negotiation and begin similar 
                negotiation with the other bidders in the order in 
                which bids received the next highest number of points, 
                until a concession contract is fully executed and 
                delivered.
                    (E) Review.--A concession contract shall be subject 
                to review and approval by the Secretary before 
                execution by the United States.
                    (F) Renewal of bid process.--If negotiations do not 
                result in a concession contract, the Concession Manager 
                shall reject all bids and solicit new bids for the 
                award of the concession contract.

SEC. 406. REVENUE FLOW; FEES TO THE GOVERNMENT.

    (a) Special Account.--
            (1) Deposit of fees.--The amount of all contract concession 
        fees collected during a fiscal year shall be deposited in a 
        special account in the Treasury of the United States and shall 
        be available, without further Act of appropriation, for use in 
        accordance with this section.
            (2) Exceptions.--For purposes of this section, fees shall 
        not include any amounts set aside in a maintenance account.
    (b) Use of Amounts in the Special Account.--
            (1) Payment of consideration to the concession manager.--
        Amounts in the special account under subsection (a) at the end 
        of a fiscal year shall be used first to pay consideration under 
        the contract with the Concession Manager for the fiscal year.
            (2) Reward allocation.--The balance remaining in the 
        special account after application of paragraph (1) shall be 
        transferred to a subaccount and shall be allocated to each 
        national park, based on the proportion that the amount of 
        concession contract fees collected from the national park 
        during the fiscal year bears to the total amount of concession 
        contract fees collected from all national parks during the 
        fiscal year, to fund high-priority resource management and 
        visitor services programs and operations.

SEC. 407. SUSPENSION OR TERMINATION OF CONCESSION CONTRACT.

    (a) Suspension.--The Concession Manager may immediately suspend a 
concession contract if the Concession Manager finds that an immediate 
suspension is necessary to protect the public health or welfare.
    (b) Termination.--The Secretary may terminate a concession contract 
if the concessionaire fails to correct a condition identified by the 
Concession Manager within the limitations established by contract--
            (1) within 30 days after the date on which a notice of 
        failure to comply with the terms and conditions of the contract 
        is provided to the concessionaire; or
            (2) within such longer period of time as the concessionaire 
        may reasonably require to correct the condition.

SEC. 408. REPORTING.

    (a) Maintenance and Access.--
            (1) Records and report.--A concessionaire shall keep such 
        records and submit to the Concession Manager such reports as 
        are required in the concession contract to enable the 
        Concession Manager to monitor performance by the concessionaire 
        of the concession contract.
            (2) Confidentiality.--Any record or report under paragraph 
        (1) that contains financial information concerning the 
        operations of the concessionaire (except for aggregate gross 
        sales data and revenues covered into the special account under 
        section 406) or any other proprietary business information of 
        the concessionaire shall be considered to be confidential and 
        not subject to disclosure to the public under section 552 of 
        title 5, United States Code, or any other Federal law.
            (3) Accessibility.--For the purpose of audit and 
        examination, the Concession Manager shall have access at 
        reasonable times and locations to records under paragraph (1) 
        and to other books, documents, and papers of the concessionaire 
        pertaining to the concession contract.
    (b) Access by Comptroller General.--Until the expiration of 5 
calendar years after the close of the fiscal year of a concessionaire, 
the Comptroller General of the United States shall have access to and 
the right to examine any pertinent books, documents, papers, and 
records of the concessionaire relative to a concession contract.

SEC. 409. PROMOTION OF THE SALES OF INDIAN AND         ALASKA NATIVE 
              HANDICRAFTS.

    (a) In General.--Promoting the sale of United States authentic 
Indian and Alaska Native handicrafts relating to the cultural, 
historical, and geographic characteristics of national park areas is 
encouraged, and the Secretary shall ensure that there is a continuing 
effort to enhance the handicraft trade where it exists and establish 
the trade where it does not currently exist.
    (b) Exemption From Fees.--In furtherance of this title, the revenue 
derived from the sale of United States Indian and Alaska Native 
handicrafts shall be exempt from any franchise fee payment under 
section 405(a).

SEC. 410. USE OF NONMONETARY CONSIDERATION IN LEASES OF GOVERNMENT 
              PROPERTY.

    Section 321 of the Act of June 30, 1932 (47 Stat. 412, chapter 314; 
40 U.S.C. 303b) shall not apply to privileges, leases, permits, and 
contracts granted by the Secretary for the use of land and improvements 
on land, in areas administered by the National Park Service, for the 
purpose of providing accommodations, facilities, and services for 
visitors pursuant to the Act of August 25, 1916 (commonly known as the 
``National Park Service Organize Act'') (39 Stat. 535, chapter 408; 16 
U.S.C. 1 et seq.), or the Act of August 21, 1935 (49 Stat. 666, chapter 
593; 16 U.S.C. 461 et seq.).

SEC. 411. APPLICABILITY OF NEPA TO RENEWALS AND EXTENSIONS OF SIMILAR 
              CONTRACTS.

    The extension, renewal, amendment, or other award of a concession 
contract to provide goods or services similar in nature and amount to 
the goods or services provided under the same or a previous concession 
contract shall be considered to be a categorical exclusion for purposes 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).

SEC. 412. MISCELLANEOUS.

    (a) ANILCA.--Nothing in this title amends, supersedes, or otherwise 
affects any provision of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3101 et seq.) relating to revenue-producing 
visitor services.
    (b) Repeals.--Subject to provisions of this title that incorporate 
portions of Public Law 89-249 by reference with respect to concession 
contracts existing on the date of enactment of this Act, and subject to 
subsection (c), Public Law 89-249 (16 U.S.C. 20 et seq.) is repealed.
    (c) Savings.--
            (1) Validity.--The repeal of any provision, the superseding 
        of any provision, and the amendment of any provision, of any 
        statute referred to in this section shall not affect the 
        validity of any contract or other authorization entered into 
        under that statute.
            (2) Applicability.--This title shall apply to any contract 
        or authorization described in paragraph (1), except to the 
        extent that any provision of this title is inconsistent with 
        the express terms of the contract or authorization or except as 
        otherwise preserved with respect to such contract or 
        authorization under the terms of this title.

                TITLE V--NATIONAL PARK PASSPORT PROGRAM

SEC. 501. PURPOSES.

    The purposes of this title are--
            (1) to develop a national park passport that includes a 
        collectible stamp to be used for admission to the national 
        parks; and
            (2) to generate revenue for support of the National Park 
        System.

SEC. 502. DEFINITIONS.

    In this title:
            (1) International park passport.--The term ``international 
        park passport'' means an international park passport issued 
        under section 505.
            (2) Park passport.--The term ``park passport'' means a park 
        passport issued under section 503.

SEC. 503. NATIONAL PARK PASSPORT PROGRAM.

    (a) In General.--The Secretary shall establish a national park 
passport program.
    (b) Features.--The national park passport program shall provide for 
issuance of collectible stamps providing the holder of the park 
passport admission to all of the national parks.
    (c) Transferability.--A national park passport shall not be 
transferable.

SEC. 504. ADMINISTRATION.

    (a) Effective Period.--A park passport shall be an annual passport 
effective from January 1 through December 31 of a year.
    (b) Stamp Design Competition.--
            (1) In general.--The Secretary shall hold an annual 
        competition for the design of the stamp to be affixed to the 
        passport.
            (2) Public participation.--Each competition shall be open 
        to the public and shall be a means to educate the American 
        people about the National Park System.
    (c) Sale of Stamps and Passports.--
            (1) By public entities.--Park passports and stamps shall be 
        sold through the National Park Service and the United States 
        Postal Service under a regulation promulgated jointly by the 
        Secretary and the United States Postal Service.
            (2) By private entities.--
                    (A) Vendor sales.--Park passports (including 
                stamps) may be sold by private vendors on consignment 
                in accordance with guidelines established by the 
                Secretary.
                    (B) Vendor commissions.--A private vendor may be 
                allowed to collect a commission on each park passport 
                sold, as determined by the Secretary.
                    (C) Limitations.--The Secretary may limit the 
                number of private vendors of park passports.
    (d) Use of Proceeds.--
            (1) Administration and promotion.--The Secretary may use 
        not more than 10 percent of the revenues derived from the sale 
        of park passports to administer and promote the park passport 
        program.
            (2) Treasury account.--Amounts collected from the sale of 
        park passports--
                    (A) shall be deposited in a special account in the 
                Treasury of the United States; and
                    (B) shall remain available until expended, without 
                further Act of appropriation, for projects throughout 
                the National Park System.
    (e) Agreements.--The Secretary may enter into cooperative 
agreements with interested persons to provide for the development and 
implementation of the park passport program and the Secretary shall 
take such actions as are appropriate to actively market park passports.

SEC. 505. INTERNATIONAL PARK PASSPORT PROGRAM.

    (a) In General.--The Secretary shall establish an international 
park passport program, which shall be governed by the other provisions 
of this title except as provided in this section.
    (b) Availability.--An international park passport and stamp shall 
be made available exclusively to foreign visitors to the United States.
    (c) Sale.--International park passports and stamps shall be 
available for sale exclusively outside the United States through 
commercial tourism channels and consulates or other offices of the 
United States.
    (d) Price.--International park passport and stamps shall be sold at 
a price that is $10.00 less than the price of a park passport and 
stamp, but not less than $40.00.
    (e) Form.--An international park passport and stamp shall be 
produced in a form that provides useful information to the 
international visitor and serves as a souvenir of the visit.
    (d) Effective Period.--An international park passport shall be 
valid for a period of 45 days.
    (e) Use of Proceeds.--
            (1) In general.--Of the amounts collected from the sale of 
        international park passports--
                    (A) 50 percent shall be deposited in the special 
                account under section 504(d) and shall be available as 
                provided in section 504(d); and
                    (B) 50 percent shall be deposited in a special 
                account in the Treasury of the United States, and shall 
                remain available until expended, without further Act of 
                appropriation, as provided in paragraph (2).
            (2) Availability to the secretary of commerce.--Amounts in 
        the special account under paragraph (1)(B) shall be available 
        to the Secretary of Commerce to carry out section 6 of the 
        United States National Tourism Organization Act (22 U.S.C. 
        2141d) in connection with programs and projects that relate to 
        national parks and State parks, national forests, and other 
        Federal land.
    (f) Termination of Program.--The Secretary shall terminate the 
international park passport program at the end of calendar year 2003 
unless at least 200,000 international park permits are sold during that 
calendar year.

SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $750,000 to develop 
guidelines and procedures for the park passport program and to 
implement the program in its first year.

SEC. 507. EFFECT ON OTHER LAWS AND PROGRAMS.

    (a) Park Passport Not Required.--A park passport shall not be 
required for--
            (1) a single visit to a national park that charges an 
        admission fee under section 4(a)(2) of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)(2)); or
            (2) an individual who has obtained a Golden Age or Golden 
        Access Passport under paragraph (4) or (5) of section 4(a) of 
        the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-6a(a)).
    (b) Golden Eagle Passports.--A Golden Eagle Passport issued under 
section 4(a)(1)(A) of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 460l-6a(a)(1)(A)) shall be honored for admission to each 
national park.
    (c) Park Passport.--A park passport shall provide access to each 
national park under the same conditions, rules, and regulations as 
apply to access with a Golden Eagle Passport.
    (d) Limitations.--A park passport established by this Act may not 
be used to obtain access to other Federal recreation fee areas outside 
the National Park System.
    (e) Exemptions and Fees.--A park passport does not exempt the 
holder from or provide the holder any discount on any recreation use 
fee imposed under section 4(b) of the Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-6a(b)).
    (f) Fee.--The fee for a park passport and stamp shall be $50.

       TITLE VI--NATIONAL PARKS RESOURCE INVENTORY AND MANAGEMENT

SEC. 601. PURPOSES.

    The purposes of this title are--
            (1) to more effectively achieve the mission of the National 
        Park Service;
            (2) to enhance management and protection of national park 
        resources by providing clear authority and direction for the 
        conduct of scientific study in the national parks and to use 
        the information gathered for management purposes;
            (3) to ensure appropriate documentation of resource 
        conditions in the national parks;
            (4) to encourage others to use the national parks for study 
        to the benefit of park management as well as broader scientific 
        value, in cases in which such study is consistent with the Act 
        of August 25, 1916 (commonly known as the ``National Park 
        Service Organic Act'') (39 Stat. 535, chapter 408; 16 U.S.C. 1 
        et seq.); and
            (5) to encourage the publication and dissemination of 
        information derived from studies in the national parks.

SEC. 602. DEFINITIONS.

    In this title:
            (1) Chief scientist.--The term ``Chief Scientist'' means 
        the Chief Scientist of the National Park Service appointed 
        under section 603(b).
            (2) Cultural resource.--The term ``cultural resource'' 
        means--
                    (A) a historic property (as defined in section 301 
                of the National Historic Preservation Act (16 U.S.C. 
                470w));
                    (B) an archaeological resource (as defined in 
                section 3 of the Archaeological Resources Protection 
                Act of 1979 (16 U.S.C. 470bb)); and
                    (C) a museum object (as defined by the Secretary).
            (3) Unit resource study.--The term ``unit resource study'' 
        means a study conducted under section 603.

SEC. 603. UNIT RESOURCE STUDY PROGRAM.

    (a) In General.--
            (1) Establishment.--In furtherance of the fundamental 
        purposes of the National Park System, the Secretary shall 
        undertake a program of scientific study by National Park 
        Service employees and cooperators in each national park.
            (2) Matters to be studied.--The unit resource study program 
        under paragraph (1) shall consist of studies of--
                    (A) natural resources employing the various natural 
                sciences;
                    (B) cultural resources employing the various 
                sciences and disciplines related to cultural resources;
                    (C) physical resources employing the various 
                sciences and disciplines related to physical resources; 
                and
                    (D) the contemporary uses of national parks 
                employing the various social sciences and other 
                disciplines related to those uses.
            (3) Professional and scientific methods.--The unit resource 
        study program shall make use of peer-accepted professional and 
        scientific methods to acquire, analyze, and report information 
        through inventory monitoring, observation, documentary 
        investigation, surveying, interviewing, experimentation 
        resource management, and adaptive management.
            (4) Dissemination of information.--The unit resource study 
        program shall make explicit provision for the dissemination of 
        information through publications and the electronic media to 
        managers of each national park, to other persons and entities 
        having an interest in such matters, and to the public.
    (b) Chief Scientist.--
            (1) Appointment.--The Secretary shall appoint a Chief 
        Scientist within the National Park Service, who shall report 
        directly to the Deputy Director, National Park Service 
        Operations.
            (2) Responsibilities.--The Chief Scientist--
                    (A) shall have responsibility for coordination of 
                all unit resource studies; and
                    (B) shall have line authority over all persons 
                within the National Park Service conducting unit 
                resource studies.
    (c) Other Employees.--The Secretary may assign employees of the 
Chief Scientist to national park areas or colleges and universities as 
needed to conduct or coordinate a unit resource study for each national 
park.
    (d) Peer Review Process.--
            (1) In general.--The Secretary shall provide for an 
        appropriate scientific peer review process to ensure the 
        validity and reliability of each unit resource study.
            (2) Requirements.--The peer review process shall provide 
        for--
                    (A) review by independent referees selected from 
                among individuals recommended by the National Academy 
                of Sciences; and
                    (B) consideration of other relevant data or 
                information submitted to the Secretary.
    (e) Allocation of Available Funding.--The Chief Scientist shall 
allocate funds for unit resource studies in accordance with priorities 
established by national park superintendents.

SEC. 604. COOPERATIVE AGREEMENTS AND CONTRACTS.

    (a) Cooperative Agreements With Colleges and Universities.--
            (1) Centers for studies.--The Secretary shall enter into 
        long-term cooperative agreements with colleges and universities 
        that shall be the primary centers through which unit resource 
        studies shall be conducted.
            (2) Geographic dispersement.--The cooperative agreements 
        shall be geographically dispersed across the various regions of 
        the country.
    (b) Other Cooperative Agreements or Contracts.--
            (1) In general.--The Secretary may enter into cooperative 
        agreements or contracts with the United States Geological 
        Survey, other Federal agencies, public or private institutions, 
        professional organizations, individuals, corporations, States, 
        and political subdivisions of States to carry out the unit 
        resource study program.
            (2) Review of unit resource studies.--
                    (A) National academy of sciences.--The Secretary 
                shall enter into an agreement with the National Academy 
                of Sciences under which the National Academy of 
                Sciences shall review and comment on unit resource 
                studies and management policies adopted in response to 
                unit resource studies.
                    (B) Requests for review.--Review by the National 
                Academy of Sciences may be conducted in response to a 
                request by the National Park Service or in response to 
                a request by a person outside the National Park Service 
                that submits to the National Academy of Sciences a 
                study that, in the opinion of the National Academy of 
                Sciences, warrants review.
    (c) Adequate Competition.--In entering into any cooperative 
agreement or contract for a unit resource study, the Secretary shall 
provide adequate competition to ensure that the unit resource study is 
undertaken by the best qualified person and at the best value for the 
Federal Government.

SEC. 605. INVENTORY AND MONITORING PROGRAM.

    (a) Program.--
            (1) Establishment.--The Secretary shall undertake a program 
        of inventory and monitoring of national park resources to 
        establish baseline information and provide information on the 
        long-term trends in the conditions of national park resources.
            (2) Development.--The monitoring program shall be developed 
        in cooperation with other Federal monitoring and information 
        collection efforts to ensure a cost-effective approach.
    (b) Training.--The Secretary shall take such actions as are 
necessary to ensure that the National Park Service work-force has 
adequate professional and technical knowledge and training to carry out 
the missions of the National Park Service, including making use of 
scientific data and research results.

SEC. 606. AVAILABILITY OF NATIONAL PARKS FOR SCIENTIFIC STUDY.

    (a) In General.--The Chief Scientist may solicit, receive, and 
consider requests from public or private institutions, individuals, 
corporations, States, political subdivisions of States, and other 
Federal agencies for the use of any national park for purposes of 
scientific study.
    (b) Approval.--A request for the use of a national park under 
subsection (a) may be approved if the Chief Scientist determines that 
the proposed study--
            (1) is consistent with applicable law and National Park 
        Service management policies; and
            (2) will be conducted in such a manner as to pose no 
        significant threat to or broad impairment of national park 
        resources or public enjoyment derived from those resources.
    (c) Access.--The Secretary may waive any recreation admission or 
recreation user fee in order to facilitate the conduct of a scientific 
study under this section.

SEC. 607. INTEGRATION OF STUDY RESULTS INTO MANAGEMENT DECISIONS.

    (a) Administrative Record.--In each case in which a park resource 
may be adversely affected by an action undertaken by the National Park 
Service, the administrative record shall reflect the manner in which 
unit resource studies and studies under section 606 have been 
considered.
    (b) Annual Performance Evaluation.--The trend in the condition of 
national park resources, particularly national park resources, shall be 
a significant factor in the annual performance evaluation of all 
national park superintendents.

SEC. 608. CONFIDENTIALITY OF INFORMATION CONCERNING THE NATURE AND 
              LOCATION OF SENSITIVE RESOURCES.

    Information concerning the nature and location of a natural park 
resource that is endangered, threatened, rare, or commercially 
valuable, or is an object of cultural patrimony within a national park, 
may be withheld in response to a request under section 552 of title 5, 
United States Code, unless the Secretary determines that--
            (1) disclosure of the information would further the 
        purposes of the national park in which the resource is located 
        and would not create a substantial risk of harm, theft, or 
        destruction of the resource, including individual members or 
        specimens of any resource population; and
            (2) disclosure is consistent with other applicable laws 
        protecting the resource.

SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$15,000,000 for each fiscal year.

TITLE VII--DESIGNATION OF TAX REFUNDS AND CONTRIBUTIONS FOR THE BENEFIT 
                         OF THE NATIONAL PARKS

SEC. 701. TAX REFUNDS AND CONTRIBUTIONS.

    (a) In General.--Subchapter A of chapter 61 of the Internal Revenue 
Code of 1986 (relating to returns and records) is amended by adding at 
the end the following:

   ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE 
              BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM

                              ``Sec. 6097. Designation.

``SEC. 6097. DESIGNATION.

    ``(a) In General.--In the case of an individual, a taxpayer may 
designate that--
            ``(1) a specified portion (not less than $1) of any 
        overpayment of tax imposed by chapter 1 for any taxable year; 
        and
            ``(2) any cash contribution which the taxpayer includes 
        with the return of such tax,
shall be paid over to the National Parks Trust Fund.
    ``(b) Manner and Time of Designation.--A designation under 
subsection (a) shall be made at the time of filing the return of the 
tax imposed by chapter 1 for the taxable year. Such designation shall 
be made in such manner as the Secretary prescribes by regulations, 
except that such designation shall be made either on the first page of 
the return or on the page bearing the taxpayer's signature.
    ``(c) Overpayments Treated as Refunded.--For purposes of this 
title, any portion of an overpayment of tax designated under subsection 
(a) shall be treated as being refunded to the taxpayer as of the last 
date prescribed for filing the return of tax imposed by chapter 1 
(determined without regard to extensions) or, if later, the date the 
return is filed.''.
    (b) Clerical Amendment.--The table of parts for subchapter A of 
such Code is amended by adding at the end the following:

                              ``Part IX. Designation of overpayments 
                                        and contributions for the 
                                        benefit of units of the 
                                        National Park System.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1998.

SEC. 702. NATIONAL PARKS TRUST FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 (relating to trust fund code) is amended by adding at the 
end the following:

``SEC. 9512. NATIONAL PARKS TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `National Parks 
Trust Fund', consisting of such amounts as may be appropriated or 
credited to the National Parks Trust Fund as provided in this section 
or section 9602(b).
    ``(b) Transfer to National Parks Trust Fund of Amounts 
Designated.--There is hereby appropriated to the National Parks Trust 
Fund amounts equivalent to the amounts received in the Treasury which 
are designated to be paid to the Trust Fund under section 6097.
    ``(c) Expenditures From Trust Fund.--
            ``(1) In general.--Subject to paragraph (2), amounts in the 
        National Parks Trust Fund shall be available, as provided by 
        appropriation Acts, for making expenditures to carry out 
        section 703 of the Vision 2020 National Parks Restoration Act 
        (as in effect on the date of the enactment of this section).
            ``(2) Administrative expenses.--Amounts in the National 
        Parks Trust Fund shall be available to pay administrative 
        expenses directly allocable to--
                    ``(A) modifying the individual income tax return 
                forms to carry out the provisions of section 6097; and
                    ``(B) activities required to carry out the 
                provisions of this chapter with respect to the Fund, 
                including processing and transferring amounts received 
                under section 6097 to the Fund.''.
    (b) Study.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of the Treasury or his 
        delegate shall submit to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Resources of the 
        House of Representatives, a study of the effects of the 
        National Parks Trust Fund established under section 9512 of the 
        Internal Revenue Code of 1986.
            (2) Contents.--The study shall include information on--
                    (A) the amount of money covered into the Fund,
                    (B) the projects that were undertaken with funds 
                from the Fund, and
                    (C) any other information that the Secretary 
                considers useful in evaluating the program's 
                effectiveness.
    (c) Conforming Amendment.--The table of sections for subchapter A 
of chapter 61 of the Internal Revenue Code of 1986 is amended by adding 
at the end the following:

                              ``Sec 9512. National Parks Trust Fund.''.

SEC. 703. EXPENDITURES FROM THE NATIONAL PARKS TRUST FUND.

    The Secretary--
            (1) may use amounts in the National Parks Trust Fund only 
        for design, construction, rehabilitation, and repair of high 
        priority facilities that directly enhance the experience of 
        park visitors, including natural, cultural, and historical 
        resource protection projects within the national parks; and
            (2) shall not use amounts in the National Parks Trust Fund 
        for land acquisition.

                  TITLE VIII--NATIONAL PARK FOUNDATION

SEC. 801. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

    The Act entitled ``An Act to establish the National Park 
Foundation'', approved December 18, 1967 (16 U.S.C. 19 et seq.) is 
amended by adding at the end the following:

``SEC. 12. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

    ``(a) Establishment.--The Foundation shall design and implement a 
comprehensive program to assist and promote philanthropic programs of 
support at the individual national park level.
    ``(b) Implementation.--The program under subsection (a) shall be 
implemented to--
            ``(1) assist in the creation of local nonprofit support 
        organizations; and
            ``(2) provide support, national consistency, and 
        management-improving suggestions for local nonprofit support 
        organizations.
    ``(c) Extent of Program.--The program under subsection (a) shall 
include the greatest number of national parks as is practicable.
    ``(d) Requirements.--The program under subsection (a) shall 
include, at a minimum--
            ``(1) a standard adaptable organizational design format to 
        establish and sustain responsible management of a local 
        nonprofit support organization for support of a national park;
            ``(2) standard and legally tenable bylaws and recommended 
        money-handling procedures that can easily be adapted as applied 
        to individual national parks; and
            ``(3) a standard training curriculum to orient and expand 
        the operating expertise of personnel employed by local 
        nonprofit support organizations.
    ``(e) Report.--The Foundation shall report the progress of the 
program under subsection (a) in the annual report of the Foundation.
    ``(f) Affiliations.--
            ``(1) Charter or corporate bylaws.--Nothing in this section 
        requires--
                    ``(A) a nonprofit support organization or friends 
                group in existence on the date of enactment of this Act 
                to modify current practices or to affiliate with the 
                Foundation; or
                    ``(B) a local nonprofit support organization, 
                established as a result of this section, to be bound 
                through its charter or corporate bylaws to be 
                permanently affiliated with the Foundation.
            ``(2) Establishment.--An affiliation with the Foundation 
        shall be established only at the discretion of the governing 
        board of a nonprofit organization.''.

             TITLE IX--COMMERCIAL FILMING IN NATIONAL PARKS

SEC. 901. DEFINITIONS.

    In this title:
            (1) Commercial visual image.--
                    (A) In general.--The term ``commercial visual 
                image'' means a visual image that a person produces 
                with the intention that the image (or reproductions of 
                the image) will be disseminated to the public in 
                connection with a for-profit enterprise.
                    (B) Exclusions.--The term ``commercial visual 
                image'' does not include--
                            (i) a visual image produced for 
                        dissemination to the public as news; or
                            (ii) a visual image produced by an 
                        individual in a limited number and intended to 
                        be sold by the individual as a work of art.
            (2) Producer.--The term ``producer'' means a person that 
        produces or proposes to produce a recorded image in a national 
        park for a commercial use or for public viewing.
            (3) Recorded image.--
                    (A) In general.--The term ``recorded image'' means 
                a motion picture, still photograph, or other form of 
                visual image produced by any technology.
                    (B) Inclusions.--The term ``recorded image'' 
                includes--
                            (i) a feature length film, short, or 
                        documentary; and
                            (ii) promotional or advertising material.
            (3) Vehicle.--The term ``vehicle'' means a larger 
        production in which a commercial recorded image is intended to 
        be included.

SEC. 902. COMMERCIAL FILMING IN NATIONAL PARKS.

    (a) Office.--
            (1) Designation.--The Secretary shall establish an office 
        or designate an existing office in the National Park Service to 
        perform the functions of the Secretary under this title.
            (2) Location of members.--The members of the office may be 
        located at the regional offices of the National Park Service in 
        order to facilitate negotiation and processing of permits 
        authorizing the production of commercial recorded images in the 
        national parks.
    (b) Permit Requirement.--
            (1) Fee.--A person shall not produce any part of a 
        commercial recorded image in a national park without first 
        obtaining a permit from the Secretary and paying a permit fee 
        calculated under paragraph (2).
            (2) Fee calculation.--The fee under paragraph (1) for 
        production of a recorded image shall be an amount equal to \1/
        2\ of 1 percent of the production budget for preparation of the 
        vehicle in which the recorded image is intended to be included.
            (3) Application.--An application to produce a commercial 
        recorded image shall include, in addition to other information 
        required by law (including a regulation)--
                    (A) a description of the commercial recorded image 
                and vehicle; and
                    (B) the production budget for preparation of the 
                vehicle that was employed by the producer as the basis 
                for the decision to prepare or finance the vehicle.
            (4) Fee payment.--The fee required by paragraph (1) shall 
        be paid before any part of the production of the recorded image 
        is undertaken.
            (5) Final accounting.--
                    (A) Submission of final production budget.--Not 
                later than the date on which a vehicle is first used 
                commercially or shown to the public, the producer shall 
                submit to the Commission the final production budget 
                for preparation of the vehicle, stating the actual 
                costs of preparation.
                    (B) Difference in production budgets.--If the final 
                production budget submitted under subparagraph (A) is 
                greater than the production budget submitted with the 
                application under paragraph (3), the producer shall pay 
                to the Commission, not later than 30 days after the 
                date specified in subparagraph (A), an amount equal to 
                1 percent of the difference between the 2 budgets.
                    (C) Fees collected.--Fees collected under this 
                section shall be in addition to direct costs incurred 
                by the National Park Service for administrative costs 
                and normal security and personnel costs directly 
                related to the onsite activities of the producer, which 
                costs shall be paid by the producer.
    (c) Use of Proceeds.--Notwithstanding any other provision of law, 
each fee collected in a national park under this section (not including 
direct costs described in subsection (b)(5)(C))--
            (1) shall be deposited in a special account in the Treasury 
        of the United States; and
            (2) shall be available to the Secretary, without further 
        Act of appropriation, for the preservation, restoration, 
        operation, maintenance, and improvement of high-priority 
        projects and programs, in the national park in which the fee is 
        collected, that directly enhance the experience of park 
        visitors, including natural, cultural, and historical resource 
        protection projects but not including land acquisition.
            (3) Report.--
                    (A) Submission of report.--Not later than 4 years 
                after the date of enactment of this Act, the Secretary 
                shall submit to the Committee on Energy and Natural 
                Resources and the Committee on Appropriations of the 
                Senate and the Committee on Resources and the Committee 
                on Appropriations of the House of Representatives a 
                report on the collection of fees under this section.
                    (B) Contents.--The report under subparagraph (A) 
                shall include--
                            (i) details on how the National Park 
                        Service is carrying out this section;
                            (ii) a complete accounting of proceeds 
                        received and a description of high-priority 
                        projects funded under this title; and
                            (iii) an accounting of proceeds reimbursed 
                        to individual national parks for costs incurred 
                        for administrative, security, and logistical 
                        expenses.

    TITLE X--CAPITAL IMPROVEMENT PROJECT BOND DEMONSTRATION PROGRAM

SEC. 1001. FINDINGS.

    Congress finds that--
            (1) the use of long-term bonds through borrowing from the 
        Treasury to help address the capital improvement needs of the 
        National Park System should be explored;
            (2) the availability of such bonds may provide the National 
        Park Service with a new financial tool for addressing the 
        backlog of capital improvement projects that face the National 
        Park Service; and
            (3) through the bond demonstration program under this 
        title, the Secretary will be able to explore the potential 
        utility of bonds borrowed from the Treasury and to report back 
        to Congress on the usefulness of this approach for financing 
        capital improvements in the national parks.

SEC. 1002. CAPITAL IMPROVEMENT PROJECTS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall identify not more than 4 capital improvement projects 
in the National Park System, totaling not more than $40,000,000, which 
shall be financed through obligations issued to the Secretary of the 
Treasury as part of the bond demonstration program under section 1003.

SEC. 1003. ISSUANCE OF OBLIGATIONS.

    (a) Authority.--The Secretary may issue obligations to the 
Secretary of the Treasury for use in the bond demonstration program 
established under this title.
    (b) Amount.--The total amount of obligations issued under 
subsection (a) outstanding at any one time shall not exceed 
$40,000,000.
    (c) Purchase by the Secretary of the Treasury.--The Secretary of 
the Treasury shall purchase obligations issued under subsection (a) if 
the Secretary of the Treasury finds that there is reasonable assurance 
of repayment of the obligations.
    (d) Public Debt Transaction.-- For the purpose of purchasing any 
such obligations, the Secretary of the Treasury may use as a public 
debt transaction the proceeds from the sale of any securities issued 
under chapter 31 of title 31, United States Code, and the purposes for 
which securities issued under chapter are extended to include any 
purchase by the Secretary of the Treasury of obligations under this 
section.
    (e) Obligation Characteristics.-- Obligations issued under 
subsection (a)--
            (1) shall be in such forms and denominations, bear such 
        maturities, and be subject to such terms and conditions as may 
        be prescribed by the Secretary of the Treasury, in consultation 
        with the Secretary; and
            (2) shall bear interest at a rate determined by the 
        Secretary of the Treasury, taking into consideration current 
        market yields on outstanding marketable obligations of the 
        United States of comparable maturities.
    (f) Sale.--The Secretary of the Treasury may at any time sell any 
of the obligations acquired by the Secretary under this section.
    (g) Treatment.--All redemptions, purchases, and sales by the 
Secretary of the Treasury of such obligations shall be treated as 
public debt transactions of the United States.

SEC. 1004. FINANCING.

    The Secretary may use receipts collected under section 315 of 
section 101(c) of Public Law 104-134 (16 U.S.C. 460l-6a note) to 
finance obligations issued under section 1003.

SEC. 1005. REPORT.

    (a) In General.--Not later than 2 years after the date of issuance 
of obligations under this title, the Secretary and the Secretary of the 
Treasury shall report to Congress on the bond demonstration program.
    (b) Contents.--The report under subsection (a) shall include a 
discussion of--
            (1) the mechanics of the bonding process;
            (2) the transaction costs associated with the issuance of 
        the obligations;
            (3) the implications of dedicating a revenue stream to 
        repay such obligations; and
            (4) the recommendations of the Secretary and the Secretary 
        of the Treasury regarding the potential expansion of the bond 
        demonstration program.

                        TITLE XI--MISCELLANEOUS

SEC. 1101. UNITED STATES PARK POLICE.

    (a) Appointment of Task Force.--Not later than 60 days after the 
date of enactment of this Act, the Secretary shall appoint a 
multidisciplinary task force to fully evaluate the shortfalls, needs, 
and requirements of the United States Park Police, including facility 
repair, rehabilitation, and communications needs.
    (b) Submission of Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Energy and Natural Resources and the Committee on Appropriations of the 
Senate and the Committee on Resources and the Committee on 
Appropriations of the House of Representatives a report that includes--
            (1) the findings and recommendations of the task force;
            (2) complete justifications for any recommendations made; 
        and
            (3) a complete description of any adverse impacts that 
        would occur if any need identified in the report is not met.

SEC. 1102. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS.

    (a) In General.--Section 3 of Public Law 91-383 (16 U.S.C. 1a-2) is 
amended by adding at the end the following:
    ``(k) Leases.--
            ``(1) In general.--The Secretary may enter into a lease 
        with any person or governmental entity for the use of buildings 
        and associated property administered by the Secretary as part 
        of the National Park System.
            ``(2) Use.--Buildings and associated property leased under 
        paragraph (1)--
                    ``(A) shall be used for an activity that is 
                consistent with the purposes established by law for the 
                unit in which the building is located;
                    ``(B) shall not result in degradation of the 
                purposes and values of the unit; and
                    ``(C) shall be compatible with National Park 
                Service programs.
            ``(3) Rental amounts.--
                    ``(A) In general.--With respect to a lease under 
                paragraph (1)--
                            ``(i) payment of fair market value rental 
                        shall be required; and
                            ``(ii) section 321 of the Act of June 30, 
                        1932 (47 Stat. 412, chapter 314; 40 U.S.C. 
                        303b) shall not apply.
                    ``(B) Adjustment.--The Secretary may adjust the 
                rental amount as appropriate to take into account any 
                amounts to be expended by the lessee for preservation, 
                maintenance, restoration, improvement, or repair and 
                related expenses.
                    ``(C) Regulation.--The Secretary shall promulgate a 
                regulation implementing this subsection that includes 
                provisions to encourage and facilitate competition in 
                the leasing process and provide for timely and adequate 
                public comment.
            ``(4) Special account.--
                    ``(A) Deposits.--Rental payments under a lease 
                under paragraph (1) shall be deposited in a special 
                account in the Treasury of the United States.
                    ``(B) Availability.--Amounts in the special account 
                shall be available until expended, without further Act 
                of appropriation, for infrastructure needs at units of 
                the National Park System, including--
                            ``(i) facility refurbishment;
                            ``(ii) repair and replacement;
                            ``(iii) infrastructure projects associated 
                        with park resource protection; and
                            ``(iv) direct maintenance of the leased 
                        buildings and associated properties.
                    ``(C) Accountability and results.--The Secretary 
                shall develop procedures for the use of the special 
                account that ensure accountability and demonstrated 
                results consistent with this Act.
    ``(l) Cooperative Management agreements.--
            ``(1) In general.--The Secretary may enter into an 
        agreement with a State or local government agency for the 
        cooperative management of national park land and nearby State 
        or local park land.
            ``(2) Provision of goods and services.--Under a cooperative 
        management agreement, the Secretary may acquire from and 
        provide to a State or local government agency goods and 
        services to be used by the Secretary and the State or local 
        governmental agency in the cooperative management of land.
            ``(3) Assignment.--An assignment arranged by the Secretary 
        under section 3372 of title 5, United States Code, of a 
        Federal, State, or local employee for work in any Federal, 
        State, or local land or an extension of such an assignment may 
        be for any period of time determined by the Secretary and the 
        State or local agency to be mutually beneficial.''.
    (b) Conforming Amendments.--Section 3 of Public Law 91-383 (16 
U.S.C. 1a-2) is amended--
            (1) by striking ``Sec. 3.'' and all that follows through 
        ``(a) provide'' and inserting the following:

``SEC. 3. AUTHORIZED ACTIVITIES OF SECRETARY OF THE INTERIOR.

    ``(a) Transportation.--The Secretary of the Interior (referred to 
in this section as the `Secretary') may provide'';
            (2) in subsection (a)--
                    (A) by striking ``where (1) such areas'' and 
                inserting ``if--
            ``(1) the areas''; and
                    (B) by striking ``transportation, and (2) such 
                transportation'' and inserting ``transportation; and
            ``(2) the transportation'';
            (3)(A) by striking the semicolon at the end of each of 
        subsections (a) through (f) and subsection (h) and inserting a 
        period; and
            (B) by striking ``; and'' at the end of subsection (i) and 
        inserting a period;
            (4) in subsection (b), by striking ``(b) provide'' and 
        inserting the following:
    ``(b) Recreation.--The Secretary may provide'';
            (5) in subsection (c), by striking ``(c) appoint'' and 
        inserting the following:
    ``(c) Advisory Committees; Compensation and Travel Expenses.--The 
Secretary may appoint'';
            (6) in subsection (d), by striking ``(d) purchase'' and 
        inserting the following:
    ``(d) Park Equipment Purchases.--The Secretary may purchase'';
            (7) in subsection (e), by striking ``(e) enter'' and 
        inserting the following:
    ``(e) Service, Resource, and Water Contracts.--The Secretary may 
enter'';
            (8) in subsection (f), by striking ``(f) acquire, and have 
        installed, air-conditioning units'' and inserting the 
        following:
    ``(f) Vehicular Air Conditioners.--The Secretary may acquire and 
install air conditioners'';
            (9) in subsection (g)--
                    (A) by striking ``(g) sell'' and inserting the 
                following:
    ``(g) Living Exhibits and Interpretive Demonstrations.--
            ``(1) In general.--The Secretary may sell'';
                    (B) by striking ``demonstrations;'' and inserting 
                ``demonstrations.''
                    (C) by striking ``Sixty percent'' and inserting the 
                following:
            ``(2) Special account.--
                    ``(A) Deposit of portion of fees.--Sixty percent'';
                    (D) by striking ``special account'' and inserting 
                ``special account.'';
                    (E) by striking ``and that such funds'' and 
                inserting the following:
                    ``(B) Availability.--Amounts in the special 
                account'';
                    (F) by striking ``(1) to the extent'' and inserting 
                the following:
                            ``(i) to the extent'';
                    (G) by striking ``(2) to conduct'' and inserting 
                the following:
                            ``(ii) to conduct'';
                    (H) by striking ``The investigations provided for 
                in this subsection'' and inserting the following:
            ``(3) Investigation design.--An investigation under 
        paragraph (2)(B)(ii)'';
                    (I) by striking ``The Secretary'' and inserting the 
                following:
            ``(4) No additional conditions.--The Secretary'';
                    (J) by striking ``When competitively'' and 
                inserting the following:
            ``(5) Competitive award of permits.--When competitively'';
                    (K) by striking ``Fees paid'' and inserting the 
                following:
            ``(6) Fees.--
                    ``(A) In general.--Fees paid'';
                    (L) by striking ``For the purposes of this 
                subsection'' and inserting the following:
                    ``(B) Definition of certain permittee.--In 
                subparagraph (A)''; and
                    (M) by striking ``Nothing in this subsection'' and 
                inserting the following:
            ``(7) No additional permit requirements.--Nothing in this 
        subsection'';
            (10) in subsection (h)--
                    (A) by striking ``(h) promulgate'' and inserting 
                the following:
    ``(h) Boating and Other Water Activities.--
            ``(1) In general.--The Secretary may promulgate''; and
                    (B) by striking ``States: Provided, That any'' and 
                inserting ``States.
            ``(2) Authority of the coast guard.--Any'';
            (11) in subsection (i), by striking ``(i) provide'' and 
        inserting the following:
    ``(i) Employee Meals and Lodging.--The Secretary may provide''; and
            (12) in subsection (j), by striking ``(j) Enter'' and 
        inserting the following:
    ``(j) Cooperative Research and Training Programs.--The Secretary 
may enter''.
                                 <all>
```