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

                                                       Calendar No. 397

105th CONGRESS

  2d Session

                                S. 1693

                          [Report No. 105-202]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 5, 1998

        Reported with an amendment and an amendment to the title

                                                       Calendar No. 397
105th CONGRESS
  2d Session
                                S. 1693

                          [Report No. 105-202]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 27, 1998

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

                              June 5, 1998

 Reported by Mr. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    This Act may be cited as the ``Vision 2020 National Parks 
Restoration Act''.</DELETED>

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

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

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

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

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

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

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

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

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

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

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

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

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

             <DELETED>TITLE I--MANAGEMENT REFORM</DELETED>

<DELETED>SEC. 101. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 102. PROTECTION AND INTERPRETATION OF 
              RESOURCES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 103. MANAGEMENT AND CAREER TRAINING.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Ranger Career Program.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Management positions.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Design phase.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Educational requirements.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (7) Park ranger workforce.--</DELETED>
                <DELETED>    (A) In general.--Through the Ranger 
                Careers program, the Secretary shall ensure that--
                </DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (iii) both functions of park 
                        rangers will share responsibility for managing 
                        the public use of national parks;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (8) Operational phase.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Components.--The Secretary shall 
                implement--</DELETED>
                        <DELETED>    (i) the Service-wide park ranger 
                        occupation replenishment and diversity 
                        plan;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (iii) the revised park ranger 
                        qualification and classification 
                        system;</DELETED>
                        <DELETED>    (iv) the park ranger competency 
                        certification system; and</DELETED>
                        <DELETED>    (v) any other measures necessary 
                        to ensure that a fully competent park ranger 
                        force is attained and maintained.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Reports.--The Secretary shall report regularly to 
Congress on the state of the park ranger occupation.</DELETED>

<DELETED>SEC. 104. STRATEGIC MANAGEMENT OBJECTIVES.</DELETED>

<DELETED>    (a) In General.--During 2000 and biennially thereafter, 
the Secretary shall implement a strategic management plan for the 
National Park Service.</DELETED>
<DELETED>    (b) Focus.--The strategic management plan shall focus on 
functions performed at the national headquarters, regional offices, 
support offices, service centers, and national parks.</DELETED>
<DELETED>    (c) Objectives.--The strategic management plan shall have 
measurable management objectives designed to--</DELETED>
        <DELETED>    (1) implement procedures to ensure that national 
        parks and offices operate with measurable goals and objectives 
        that ensure strict budget accountability;</DELETED>
        <DELETED>    (2) determine at which levels the various 
        functions can best be performed;</DELETED>
        <DELETED>    (3) evaluate whether specific activities could be 
        consolidated or eliminated; and</DELETED>
        <DELETED>    (4) evaluate the possibility of increasing the use 
        of the private sector in individual National Park Service 
        functions.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 105. ANNUAL BUDGETS FOR NATIONAL PARK SYSTEM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Contents.--A budget for a national park under 
subsection (a) shall--</DELETED>
        <DELETED>    (1) describe in detail the annual operating budget 
        for the national park; and</DELETED>
        <DELETED>    (2) reflect the relationships among costs, service 
        levels, and performance standards in the national 
        park.</DELETED>

    <DELETED>TITLE II--PROCEDURES FOR ESTABLISHMENT OF NEW NATIONAL 
                            PARKS</DELETED>

<DELETED>SEC. 201. STUDIES OF AREAS FOR POTENTIAL INCLUSION IN THE 
              NATIONAL PARK SYSTEM.</DELETED>

<DELETED>    Section 8 of Public Law 91-383 (16 U.S.C. 1a-5) is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by inserting ``General Author- ity.--
                '' after ``(a)'';</DELETED>
                <DELETED>    (B) by striking the second through sixth 
                sentences;</DELETED>
                <DELETED>    (C) by striking ``For the purposes of 
                carrying out'' and inserting the following:</DELETED>
<DELETED>    ``(e) Authorization of Appropriations.--For the purposes 
of carrying out''; and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following:</DELETED>
<DELETED>    ``(b) Studies of Areas for Potential Inclusion in the 
National Park System.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Factors used in developing list.--In 
        developing the list submitted under this subsection, the 
        Secretary shall consider--</DELETED>
                <DELETED>    ``(A) areas that have the greatest 
                potential for meeting the established criteria of 
                national significance, suitability, and 
                feasibility;</DELETED>
                <DELETED>    ``(B) themes, sites, and resources not 
                adequately represented in the National Park System; 
                and</DELETED>
                <DELETED>    ``(C) congressional requests.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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:</DELETED>
                <DELETED>    ``(A) The conduct of a preliminary 
                resource assessment.</DELETED>
                <DELETED>    ``(B) Collection of data on a potential 
                study area.</DELETED>
                <DELETED>    ``(C) Provision of technical and planning 
                assistance.</DELETED>
                <DELETED>    ``(D) Preparation or processing of a 
                nomination for an administrative designation.</DELETED>
                <DELETED>    ``(E) Updating of a previous 
                study.</DELETED>
                <DELETED>    ``(F) Completion of a reconnaissance 
                survey of an area.</DELETED>
        <DELETED>    ``(5) National wild and scenic rivers system; 
        national trails system.--Nothing in this section applies to, 
        affects, or alters the study of--</DELETED>
                <DELETED>    ``(A) any river segment for potential 
                addition to the National Wild and Scenic Rivers System; 
                or</DELETED>
                <DELETED>    ``(B) any trail for potential addition to 
                the National Trails System.</DELETED>
        <DELETED>    ``(6) Public involvement.--In conducting a study 
        under this subsection, the Secretary shall--</DELETED>
                <DELETED>    ``(A) provide an opportunity for public 
                involvement, including at least 1 public meeting in the 
                vicinity of the area under study; and</DELETED>
                <DELETED>    ``(B) make reasonable efforts to notify 
                potentially affected landowners and State and local 
                governments.</DELETED>
        <DELETED>    ``(7) Factors used in conducting study.--In 
        conducting a study of an area under this subsection, the 
        Secretary--</DELETED>
                <DELETED>    ``(A) shall consider whether the area--
                </DELETED>
                        <DELETED>    ``(i) possesses nationally 
                        significant natural, historic or cultural 
                        resources, or outstanding recreational 
                        opportunities;</DELETED>
                        <DELETED>    ``(ii) represents 1 of the most 
                        important examples of a particular resource 
                        type in the United States; and</DELETED>
                        <DELETED>    ``(iii) is a suitable and feasible 
                        addition to the National Park System;</DELETED>
                <DELETED>    ``(B) shall consider--</DELETED>
                        <DELETED>    ``(i) the rarity and integrity of 
                        the resources of the area;</DELETED>
                        <DELETED>    ``(ii) the threats to 
                        resources;</DELETED>
                        <DELETED>    ``(iii) whether similar resources 
                        are already protected in the National Park 
                        System or in other public or private 
                        ownership;</DELETED>
                        <DELETED>    ``(iv) the public use potential of 
                        the area;</DELETED>
                        <DELETED>    ``(v) the interpretive and 
                        educational potential of the area;</DELETED>
                        <DELETED>    ``(vi) costs associated with 
                        acquisition, development, and operation of the 
                        area and the source or revenue to pay for the 
                        cost;</DELETED>
                        <DELETED>    ``(vii) the socioeconomic impacts 
                        of inclusion of the area in the National Park 
                        System;</DELETED>
                        <DELETED>    ``(viii) the level of local and 
                        general public support for the 
                        inclusion;</DELETED>
                        <DELETED>    ``(ix) whether the area is of 
                        appropriate configuration to ensure long-term 
                        resource protection and visitor use; 
                        and</DELETED>
                        <DELETED>    ``(x) the potential impact on the 
                        inclusion of the area on existing units of the 
                        National Park System;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) may include any other information 
                that the Secretary considers pertinent.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Office.--The Secretary shall establish a single 
office to carry out this section.</DELETED>
<DELETED>    ``(d) List of Previously Studied Areas With Historical or 
Natural Resources.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Priority.--Each list under paragraph (1) 
        shall list areas in numerical order of priority for addition to 
        the National Park System.</DELETED>
        <DELETED>    ``(3) Factors.--In developing a list under 
        paragraph (1), the Secretary shall consider the factors 
        described in subsection (b)(2).</DELETED>
        <DELETED>    ``(3) Supporting data.--The Secretary shall 
        include on a list under paragraph (1) only areas for which 
        supporting data are current and accurate.''.</DELETED>

  <DELETED>TITLE III--RECREATIONAL FEE DEMONSTRATION PROGRAM</DELETED>

<DELETED>SEC. 301. EXTENSION OF THE RECREATIONAL FEE DEMONSTRATION 
              PROGRAM.</DELETED>

<DELETED>    (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)--</DELETED>
        <DELETED>    (1) is extended through September 30, 2005; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Report.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Contents.--The report under paragraph (1) 
        shall contain--</DELETED>
                <DELETED>    (A) an evaluation of the fee demonstration 
                program conducted at each national park;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) a description of the manner in which 
                the amount of the fee at each national park was 
                established.</DELETED>

             <DELETED>TITLE IV--CONCESSION REFORM</DELETED>

<DELETED>SEC. 401. PURPOSE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) the administration of contracts be simplified 
        while ensuring compliance with the terms, conditions, and 
        provisions of each contract;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 402. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Concessionaire.--The term ``concessionaire'' 
        means a person providing a concession service under a 
        concession contract with the Secretary.</DELETED>
        <DELETED>    (3) Concession board.--The term ``Concession 
        Board'' means the Concession Board appointed under section 
        403.</DELETED>
        <DELETED>    (4) Concession manager.--The term ``Concession 
        Manager'' means the Concession Manager of the National Park 
        Service appointed under section 404.</DELETED>
        <DELETED>    (5) Consumer price index.--The term ``Consumer 
        Price Index'' means--</DELETED>
                <DELETED>    (A) the Consumer Price Index--All Urban 
                Consumers published by the Bureau of Labor Statistics 
                of the Department of Labor; or</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 403. NATIONAL PARK SERVICE CONCESSION BOARD.</DELETED>

<DELETED>    (a) Establishment.--There is established within the 
National Park Service a Concession Board.</DELETED>
<DELETED>    (b) Membership.--The Concession Board shall be composed 
of--</DELETED>
        <DELETED>    (1) 6 individuals appointed by the Secretary, of 
        whom--</DELETED>
                <DELETED>    (A) 3 shall be past or present employees 
                of the National Park Service with substantial 
                experience in concession management; and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (2) the Secretary, who shall serve as 
        chairperson.</DELETED>
<DELETED>    (c) Term.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Staggered terms.--The Secretary may stagger 
        the terms of members appointed under subsection 
        (b)(1).</DELETED>
        <DELETED>    (3) Vacancies.--The Secretary may appoint a member 
        to serve for the unexpired term of any departing 
        member.</DELETED>
<DELETED>    (d) Functions.--The Concession Board shall--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (B) review all proposals received and interview 
        all persons that meet the requirements as specified in the 
        solicitation for proposals; and</DELETED>
        <DELETED>    (C) submit to the Secretary a recommendation for 
        appointment of the Concession Manager;</DELETED>
        <DELETED>    (2) review decisions of the Concession Manager and 
        make recommendations to the Secretary regarding--</DELETED>
                <DELETED>    (A) the selection of concessionaires; 
                and</DELETED>
                <DELETED>    (B) such other matters as the Secretary 
                may refer to the Concession Board;</DELETED>
        <DELETED>    (3) make recommendations to the Secretary 
        regarding--</DELETED>
                <DELETED>    (A) allocation of fees collected from 
                concessionaires for the purposes of section 406; 
                and</DELETED>
                <DELETED>    (B) how much funding should be allocated 
                to individual national parks after concession capital 
                improvement programs and maintenance operations are 
                funded; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 404. CONCESSION MANAGER.</DELETED>

<DELETED>    (a) Appointment.--</DELETED>
        <DELETED>    (1) Contract award.--The Secretary shall award a 
        single contract for the appointment of a Concession Manager for 
        all national parks.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Criteria.--The Concession Manager shall be an 
        independent, nongovernmental entity--</DELETED>
                <DELETED>    (A) that has substantial experience in the 
                management of large hotel, food service, retail, and 
                recreational properties; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) Term.--The term of a contract under subsection (a) 
shall not exceed 10 years.</DELETED>
<DELETED>    (c) Functions.--The Concession Manager shall--</DELETED>
        <DELETED>    (1) solicit, negotiate, and enforce the terms and 
        conditions of concession contracts in compliance with this 
        title; and</DELETED>
        <DELETED>    (2) submit recommendations to the Secretary 
        regarding the award of concession contracts, including--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) establishment of the terms and 
                conditions of a concession contract in accordance with 
                section 405(a);</DELETED>
                <DELETED>    (C) determine whether to renew a contract 
                without issuance of a prospectus as permitted under 
                section 405(g);</DELETED>
                <DELETED>    (D) develop a capital improvement and 
                maintenance program for all concession facilities, 
                including development of--</DELETED>
                        <DELETED>    (i) overall facility standards 
                        based on comparable industry standards; 
                        and</DELETED>
                        <DELETED>    (ii) site-specific capital 
                        improvement and maintenance programs for the 
                        areas in which concession activities will be 
                        conducted;</DELETED>
                <DELETED>    (E) develop a quality-assurance plan for 
                each concession operation in accordance with subsection 
                (e);</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (G) on a regular basis, conduct visitor 
                surveys seeking information regarding concession 
                activities; and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (d) Prospectus Requirements.--Any prospectus issued by the 
Concession Manager shall, at a minimum, include--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) a description of any quality assurance plan 
        developed for the concession contract under subsection 
        (e);</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) the term of the concession contract in 
        accordance with section 405(e);</DELETED>
        <DELETED>    (6) a description of all fees sought by the 
        Government in connection with the concession 
        contract;</DELETED>
        <DELETED>    (7) a description of any personal property to be 
        sold by the departing concessionaire and the cost of the 
        personal property;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (e) Quality Assurance Plan Requirements.--A quality 
assurance plan for a concession contract--</DELETED>
        <DELETED>    (1) shall be tailored to the nature and character 
        of the goods and services provided under the concession 
        contract;</DELETED>
        <DELETED>    (2) may be based on comparable industry 
        standards;</DELETED>
        <DELETED>    (3) shall be included in contracts as awarded; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Staffing of the National Park Service.--</DELETED>
        <DELETED>    (1) Regional and national offices.--Not later than 
        2 years after the date of enactment of this Act--</DELETED>
                <DELETED>    (A) each regional office shall retain 1 
                National Park Service employee to act as concession 
                coordinator for the region of the office; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 405. CONCESSION CONTRACTS.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Terms and conditions.--A concession contract 
        shall include--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) visitor services;</DELETED>
                        <DELETED>    (ii) purchased goods;</DELETED>
                        <DELETED>    (iii) interpretation;</DELETED>
                        <DELETED>    (iv) park administrative 
                        functions;</DELETED>
                        <DELETED>    (v) employee housing and other 
                        nonincome producing facilities; and</DELETED>
                        <DELETED>    (vi) other services or 
                        activities.</DELETED>
        <DELETED>    (2) Franchise fees.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Contents.--The franchise fee for a 
                concession contract may include any of the 
                following:</DELETED>
                        <DELETED>    (i) An annual cash payment for the 
                        privilege of providing concession 
                        services.</DELETED>
                        <DELETED>    (ii) Fees for rental or lease of 
                        Government-owned facilities or land occupied by 
                        the concessionaire.</DELETED>
                        <DELETED>    (iii) Expenditures for maintenance 
                        of or improvements to Government-owned 
                        facilities occupied by the 
                        concessionaire.</DELETED>
        <DELETED>    (3) Minimum acceptable fee.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Bases.--The amount of a minimum fee 
                shall be based on--</DELETED>
                        <DELETED>    (i) historical data, if available; 
                        and</DELETED>
                        <DELETED>    (ii) industry-specific and other 
                        market data available to the Secretary and the 
                        Concession Manager.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Capital Improvements.--</DELETED>
        <DELETED>    (1) Possessory interests under existing 
        contracts.--</DELETED>
                <DELETED>    (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.).</DELETED>
                <DELETED>    (B) Appraisals.--</DELETED>
                        <DELETED>    (i) Timing.--An appraisal under 
                        subparagraph (A)--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (C) Possessory interests.--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) the appraised sound 
                                value (as determined under this 
                                section); or</DELETED>
                                <DELETED>    (II) the concessionaire's 
                                original cost for newly constructed or 
                                acquired structures, fixtures, or 
                                improvements as set forth in paragraph 
                                (2);</DELETED>
                        <DELETED>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.</DELETED>
                        <DELETED>    (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).</DELETED>
                <DELETED>    (D) Appraisal disputes.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (F) Conversion to leasehold surrender 
                value.--</DELETED>
                        <DELETED>    (i) Valuation of capital 
                        improvements.--To the extent that a succeeding 
                        concessionaire pays for the possessory interest 
                        of a preceding concessionaire, the amount 
                        paid--</DELETED>
                                <DELETED>    (I) shall constitute the 
                                initial leaseholder surrender value 
                                respecting the applicable capital 
                                improvements at the commencement of the 
                                concession contract; and</DELETED>
                                <DELETED>    (II) shall be valued in 
                                accordance with paragraph 
                                (2).</DELETED>
                        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Leasehold surrender value under new concession 
        contracts.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Computation of leasehold surrender 
                value.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (ii) Property right as 
                        collateral.--A property right under clause 
                        (i)--</DELETED>
                                <DELETED>    (I) may be given as 
                                security for financing of a capital 
                                improvement; and</DELETED>
                                <DELETED>    (II) shall be transferred 
                                in connection with any transfer of the 
                                concession contract under subsection 
                                (f).</DELETED>
                        <DELETED>    (iii) Duration.--The leasehold 
                        surrender value--</DELETED>
                                <DELETED>    (I) shall not be 
                                extinguished by the expiration or other 
                                termination of a concession contract; 
                                and</DELETED>
                                <DELETED>    (II) may not be taken for 
                                public use, except on payment of just 
                                compensation.</DELETED>
                        <DELETED>    (iv) Calculation.--The amount of 
                        the leasehold surrender value for a capital 
                        improvement shall be an amount that is equal 
                        to--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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.</DELETED>
<DELETED>    (c) Rates and Prices.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Maintenance Accounts.--</DELETED>
        <DELETED>    (1) In general.--A concession contract may require 
        that separate maintenance accounts may be established for the 
        maintenance of--</DELETED>
                <DELETED>    (A) structures, fixtures, and other 
                improvements in which the concessionaire is entitled to 
                a leasehold surrender value; and</DELETED>
                <DELETED>    (B) other structures or other improvements 
                assigned to the concessionaire.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Withdrawals.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (e) Term.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Transferability.--</DELETED>
        <DELETED>    (1) In general.--A concession contract shall be 
        transferable only with the approval of the Secretary.</DELETED>
        <DELETED>    (2) Approval.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) Renewal of Contracts.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Exceptions.--</DELETED>
                <DELETED>    (A) Guides and outfitters.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Minor expansion of concession 
                contract.--Nothing in this title prohibits the 
                Secretary and a concessionaire from amending a 
                concession contract to--</DELETED>
                        <DELETED>    (i) change the quality or quantity 
                        of goods or services provided under the 
                        concession contract; or</DELETED>
                        <DELETED>    (ii) provide new or additional 
                        services that are a natural extension of the 
                        concession contract and complement services 
                        already provided under the concession 
                        contract;</DELETED>
                <DELETED>so long as the amendment does not materially 
                change the nature or scope of the concession contract 
                as a whole.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Emergency and temporary contracts.--A 
                concession contract may be awarded or extended for a 
                period not to exceed 3 years without competitive bids--
                </DELETED>
                        <DELETED>    (i) if necessary to avoid 
                        curtailment of visitor services at a national 
                        park; or</DELETED>
                        <DELETED>    (ii) for the purpose of providing 
                        goods or services that are expected to be of 
                        temporary duration.</DELETED>
<DELETED>    (h) Bidding Procedures.--</DELETED>
        <DELETED>    (1) Solicitation of bids.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Contents.--The prospectus shall, in 
                addition to the provisions required under subsection 
                (a)(1), contain--</DELETED>
                        <DELETED>    (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);</DELETED>
                        <DELETED>    (ii) an explanation of the bid 
                        review and selection process; and</DELETED>
                        <DELETED>    (iii) such other information 
                        concerning the national park and the award as 
                        the Concession Manager considers 
                        relevant.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Qualification of bidders; rejection of bids.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Selection of concessionaire; negotiation and 
        execution of concession contract.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Negotiation.--The negotiation--
                </DELETED>
                        <DELETED>    (i) shall be conducted by the 
                        Concession Manager in good faith with the 
                        selected bidder; and</DELETED>
                        <DELETED>    (ii) shall be confined to any 
                        terms of the concession contract that the 
                        bidder identified in the bid submitted as being 
                        unacceptable.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (E) Review.--A concession contract shall 
                be subject to review and approval by the Secretary 
                before execution by the United States.</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 406. REVENUE FLOW; FEES TO THE GOVERNMENT.</DELETED>

<DELETED>    (a) Special Account.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Exceptions.--For purposes of this section, 
        fees shall not include any amounts set aside in a maintenance 
        account.</DELETED>
<DELETED>    (b) Use of Amounts in the Special Account.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 407. SUSPENSION OR TERMINATION OF CONCESSION 
              CONTRACT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) within such longer period of time as the 
        concessionaire may reasonably require to correct the 
        condition.</DELETED>

<DELETED>SEC. 408. REPORTING.</DELETED>

<DELETED>    (a) Maintenance and Access.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 409. PROMOTION OF THE SALES OF INDIAN AND         ALASKA 
              NATIVE HANDICRAFTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 410. USE OF NONMONETARY CONSIDERATION IN LEASES OF 
              GOVERNMENT PROPERTY.</DELETED>

<DELETED>    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.).</DELETED>

<DELETED>SEC. 411. APPLICABILITY OF NEPA TO RENEWALS AND EXTENSIONS OF 
              SIMILAR CONTRACTS.</DELETED>

<DELETED>    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.).</DELETED>

<DELETED>SEC. 412. MISCELLANEOUS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Savings.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

       <DELETED>TITLE V--NATIONAL PARK PASSPORT PROGRAM</DELETED>

<DELETED>SEC. 501. PURPOSES.</DELETED>

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

<DELETED>SEC. 502. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 503. NATIONAL PARK PASSPORT PROGRAM.</DELETED>

<DELETED>    (a) In General.--The Secretary shall establish a national 
park passport program.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Transferability.--A national park passport shall not 
be transferable.</DELETED>

<DELETED>SEC. 504. ADMINISTRATION.</DELETED>

<DELETED>    (a) Effective Period.--A park passport shall be an annual 
passport effective from January 1 through December 31 of a 
year.</DELETED>
<DELETED>    (b) Stamp Design Competition.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall hold an 
        annual competition for the design of the stamp to be affixed to 
        the passport.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Sale of Stamps and Passports.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) By private entities.--</DELETED>
                <DELETED>    (A) Vendor sales.--Park passports 
                (including stamps) may be sold by private vendors on 
                consignment in accordance with guidelines established 
                by the Secretary.</DELETED>
                <DELETED>    (B) Vendor commissions.--A private vendor 
                may be allowed to collect a commission on each park 
                passport sold, as determined by the 
                Secretary.</DELETED>
                <DELETED>    (C) Limitations.--The Secretary may limit 
                the number of private vendors of park 
                passports.</DELETED>
<DELETED>    (d) Use of Proceeds.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Treasury account.--Amounts collected from the 
        sale of park passports--</DELETED>
                <DELETED>    (A) shall be deposited in a special 
                account in the Treasury of the United States; 
                and</DELETED>
                <DELETED>    (B) shall remain available until expended, 
                without further Act of appropriation, for projects 
                throughout the National Park System.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 505. INTERNATIONAL PARK PASSPORT PROGRAM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Availability.--An international park passport and 
stamp shall be made available exclusively to foreign visitors to the 
United States.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Effective Period.--An international park passport 
shall be valid for a period of 45 days.</DELETED>
<DELETED>    (e) Use of Proceeds.--</DELETED>
        <DELETED>    (1) In general.--Of the amounts collected from the 
        sale of international park passports--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 506. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 507. EFFECT ON OTHER LAWS AND PROGRAMS.</DELETED>

<DELETED>    (a) Park Passport Not Required.--A park passport shall not 
be required for--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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)).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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)).</DELETED>
<DELETED>    (f) Fee.--The fee for a park passport and stamp shall be 
$50.</DELETED>

       <DELETED>TITLE VI--NATIONAL PARKS RESOURCE INVENTORY AND 
                          MANAGEMENT</DELETED>

<DELETED>SEC. 601. PURPOSES.</DELETED>

<DELETED>    The purposes of this title are--</DELETED>
        <DELETED>    (1) to more effectively achieve the mission of the 
        National Park Service;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) to ensure appropriate documentation of 
        resource conditions in the national parks;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) to encourage the publication and dissemination 
        of information derived from studies in the national 
        parks.</DELETED>

<DELETED>SEC. 602. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 603. UNIT RESOURCE STUDY PROGRAM.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Matters to be studied.--The unit resource 
        study program under paragraph (1) shall consist of studies of--
        </DELETED>
                <DELETED>    (A) natural resources employing the 
                various natural sciences;</DELETED>
                <DELETED>    (B) cultural resources employing the 
                various sciences and disciplines related to cultural 
                resources;</DELETED>
                <DELETED>    (C) physical resources employing the 
                various sciences and disciplines related to physical 
                resources; and</DELETED>
                <DELETED>    (D) the contemporary uses of national 
                parks employing the various social sciences and other 
                disciplines related to those uses.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Chief Scientist.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Responsibilities.--The Chief Scientist--
        </DELETED>
                <DELETED>    (A) shall have responsibility for 
                coordination of all unit resource studies; 
                and</DELETED>
                <DELETED>    (B) shall have line authority over all 
                persons within the National Park Service conducting 
                unit resource studies.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Peer Review Process.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Requirements.--The peer review process shall 
        provide for--</DELETED>
                <DELETED>    (A) review by independent referees 
                selected from among individuals recommended by the 
                National Academy of Sciences; and</DELETED>
                <DELETED>    (B) consideration of other relevant data 
                or information submitted to the Secretary.</DELETED>
<DELETED>    (e) Allocation of Available Funding.--The Chief Scientist 
shall allocate funds for unit resource studies in accordance with 
priorities established by national park superintendents.</DELETED>

<DELETED>SEC. 604. COOPERATIVE AGREEMENTS AND CONTRACTS.</DELETED>

<DELETED>    (a) Cooperative Agreements With Colleges and 
Universities.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Geographic dispersement.--The cooperative 
        agreements shall be geographically dispersed across the various 
        regions of the country.</DELETED>
<DELETED>    (b) Other Cooperative Agreements or Contracts.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Review of unit resource studies.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 605. INVENTORY AND MONITORING PROGRAM.</DELETED>

<DELETED>    (a) Program.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Development.--The monitoring program shall be 
        developed in cooperation with other Federal monitoring and 
        information collection efforts to ensure a cost-effective 
        approach.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 606. AVAILABILITY OF NATIONAL PARKS FOR SCIENTIFIC 
              STUDY.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) is consistent with applicable law and National 
        Park Service management policies; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 607. INTEGRATION OF STUDY RESULTS INTO MANAGEMENT 
              DECISIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 608. CONFIDENTIALITY OF INFORMATION CONCERNING THE NATURE 
              AND LOCATION OF SENSITIVE RESOURCES.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) disclosure is consistent with other applicable 
        laws protecting the resource.</DELETED>

<DELETED>SEC. 609. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

 <DELETED>TITLE VII--DESIGNATION OF TAX REFUNDS AND CONTRIBUTIONS FOR 
              THE BENEFIT OF THE NATIONAL PARKS</DELETED>

<DELETED>SEC. 701. TAX REFUNDS AND CONTRIBUTIONS.</DELETED>

<DELETED>    (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:</DELETED>

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

                              <DELETED>``Sec. 6097. Designation.

<DELETED>``SEC. 6097. DESIGNATION.</DELETED>

<DELETED>    ``(a) In General.--In the case of an individual, a 
taxpayer may designate that--</DELETED>
        <DELETED>    ``(1) a specified portion (not less than $1) of 
        any overpayment of tax imposed by chapter 1 for any taxable 
        year; and</DELETED>
        <DELETED>    ``(2) any cash contribution which the taxpayer 
        includes with the return of such tax,</DELETED>
<DELETED>shall be paid over to the National Parks Trust Fund.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of parts for subchapter 
A of such Code is amended by adding at the end the following:</DELETED>

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

<DELETED>SEC. 702. NATIONAL PARKS TRUST FUND.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 9512. NATIONAL PARKS TRUST FUND.</DELETED>

<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Expenditures From Trust Fund.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Administrative expenses.--Amounts in the 
        National Parks Trust Fund shall be available to pay 
        administrative expenses directly allocable to--</DELETED>
                <DELETED>    ``(A) modifying the individual income tax 
                return forms to carry out the provisions of section 
                6097; and</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Study.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Contents.--The study shall include information 
        on--</DELETED>
                <DELETED>    (A) the amount of money covered into the 
                Fund,</DELETED>
                <DELETED>    (B) the projects that were undertaken with 
                funds from the Fund, and</DELETED>
                <DELETED>    (C) any other information that the 
                Secretary considers useful in evaluating the program's 
                effectiveness.</DELETED>
<DELETED>    (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:</DELETED>

                              <DELETED>``Sec 9512. National Parks Trust 
                                        Fund.''.

<DELETED>SEC. 703. EXPENDITURES FROM THE NATIONAL PARKS TRUST 
              FUND.</DELETED>

<DELETED>    The Secretary--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) shall not use amounts in the National Parks 
        Trust Fund for land acquisition.</DELETED>

        <DELETED>TITLE VIII--NATIONAL PARK FOUNDATION</DELETED>

<DELETED>SEC. 801. PROMOTION OF LOCAL FUNDRAISING SUPPORT.</DELETED>

<DELETED>    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:</DELETED>

<DELETED>``SEC. 12. PROMOTION OF LOCAL FUNDRAISING SUPPORT.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Implementation.--The program under subsection (a) 
shall be implemented to--</DELETED>
        <DELETED>    ``(1) assist in the creation of local nonprofit 
        support organizations; and</DELETED>
        <DELETED>    ``(2) provide support, national consistency, and 
        management-improving suggestions for local nonprofit support 
        organizations.</DELETED>
<DELETED>    ``(c) Extent of Program.--The program under subsection (a) 
shall include the greatest number of national parks as is 
practicable.</DELETED>
<DELETED>    ``(d) Requirements.--The program under subsection (a) 
shall include, at a minimum--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(2) standard and legally tenable bylaws and 
        recommended money-handling procedures that can easily be 
        adapted as applied to individual national parks; and</DELETED>
        <DELETED>    ``(3) a standard training curriculum to orient and 
        expand the operating expertise of personnel employed by local 
        nonprofit support organizations.</DELETED>
<DELETED>    ``(e) Report.--The Foundation shall report the progress of 
the program under subsection (a) in the annual report of the 
Foundation.</DELETED>
<DELETED>    ``(f) Affiliations.--</DELETED>
        <DELETED>    ``(1) Charter or corporate bylaws.--Nothing in 
        this section requires--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Establishment.--An affiliation with the 
        Foundation shall be established only at the discretion of the 
        governing board of a nonprofit organization.''.</DELETED>

   <DELETED>TITLE IX--COMMERCIAL FILMING IN NATIONAL PARKS</DELETED>

<DELETED>SEC. 901. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Commercial visual image.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Exclusions.--The term ``commercial 
                visual image'' does not include--</DELETED>
                        <DELETED>    (i) a visual image produced for 
                        dissemination to the public as news; 
                        or</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Recorded image.--</DELETED>
                <DELETED>    (A) In general.--The term ``recorded 
                image'' means a motion picture, still photograph, or 
                other form of visual image produced by any 
                technology.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``recorded 
                image'' includes--</DELETED>
                        <DELETED>    (i) a feature length film, short, 
                        or documentary; and</DELETED>
                        <DELETED>    (ii) promotional or advertising 
                        material.</DELETED>
        <DELETED>    (3) Vehicle.--The term ``vehicle'' means a larger 
        production in which a commercial recorded image is intended to 
        be included.</DELETED>

<DELETED>SEC. 902. COMMERCIAL FILMING IN NATIONAL PARKS.</DELETED>

<DELETED>    (a) Office.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Permit Requirement.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Fee calculation.--The fee under paragraph (1) 
        for production of a recorded image shall be an amount equal to 
        </DELETED>\<DELETED>1/2</DELETED>\ <DELETED>of 1 percent of the 
        production budget for preparation of the vehicle in which the 
        recorded image is intended to be included.</DELETED>
        <DELETED>    (3) Application.--An application to produce a 
        commercial recorded image shall include, in addition to other 
        information required by law (including a regulation)--
        </DELETED>
                <DELETED>    (A) a description of the commercial 
                recorded image and vehicle; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (4) Fee payment.--The fee required by paragraph 
        (1) shall be paid before any part of the production of the 
        recorded image is undertaken.</DELETED>
        <DELETED>    (5) Final accounting.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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))--</DELETED>
        <DELETED>    (1) shall be deposited in a special account in the 
        Treasury of the United States; and</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Report.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Contents.--The report under 
                subparagraph (A) shall include--</DELETED>
                        <DELETED>    (i) details on how the National 
                        Park Service is carrying out this 
                        section;</DELETED>
                        <DELETED>    (ii) a complete accounting of 
                        proceeds received and a description of high-
                        priority projects funded under this title; 
                        and</DELETED>
                        <DELETED>    (iii) an accounting of proceeds 
                        reimbursed to individual national parks for 
                        costs incurred for administrative, security, 
                        and logistical expenses.</DELETED>

   <DELETED>TITLE X--CAPITAL IMPROVEMENT PROJECT BOND DEMONSTRATION 
                           PROGRAM</DELETED>

<DELETED>SEC. 1001. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 1002. CAPITAL IMPROVEMENT PROJECTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 1003. ISSUANCE OF OBLIGATIONS.</DELETED>

<DELETED>    (a) Authority.--The Secretary may issue obligations to the 
Secretary of the Treasury for use in the bond demonstration program 
established under this title.</DELETED>
<DELETED>    (b) Amount.--The total amount of obligations issued under 
subsection (a) outstanding at any one time shall not exceed 
$40,000,000.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Obligation Characteristics.-- Obligations issued under 
subsection (a)--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Sale.--The Secretary of the Treasury may at any time 
sell any of the obligations acquired by the Secretary under this 
section.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 1004. FINANCING.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 1005. REPORT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Contents.--The report under subsection (a) shall 
include a discussion of--</DELETED>
        <DELETED>    (1) the mechanics of the bonding 
        process;</DELETED>
        <DELETED>    (2) the transaction costs associated with the 
        issuance of the obligations;</DELETED>
        <DELETED>    (3) the implications of dedicating a revenue 
        stream to repay such obligations; and</DELETED>
        <DELETED>    (4) the recommendations of the Secretary and the 
        Secretary of the Treasury regarding the potential expansion of 
        the bond demonstration program.</DELETED>

               <DELETED>TITLE XI--MISCELLANEOUS</DELETED>

<DELETED>SEC. 1101. UNITED STATES PARK POLICE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) the findings and recommendations of the task 
        force;</DELETED>
        <DELETED>    (2) complete justifications for any 
        recommendations made; and</DELETED>
        <DELETED>    (3) a complete description of any adverse impacts 
        that would occur if any need identified in the report is not 
        met.</DELETED>

<DELETED>SEC. 1102. LEASES AND COOPERATIVE MANAGEMENT 
              AGREEMENTS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(k) Leases.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Use.--Buildings and associated property 
        leased under paragraph (1)--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) shall not result in degradation of 
                the purposes and values of the unit; and</DELETED>
                <DELETED>    ``(C) shall be compatible with National 
                Park Service programs.</DELETED>
        <DELETED>    ``(3) Rental amounts.--</DELETED>
                <DELETED>    ``(A) In general.--With respect to a lease 
                under paragraph (1)--</DELETED>
                        <DELETED>    ``(i) payment of fair market value 
                        rental shall be required; and</DELETED>
                        <DELETED>    ``(ii) section 321 of the Act of 
                        June 30, 1932 (47 Stat. 412, chapter 314; 40 
                        U.S.C. 303b) shall not apply.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Special account.--</DELETED>
                <DELETED>    ``(A) Deposits.--Rental payments under a 
                lease under paragraph (1) shall be deposited in a 
                special account in the Treasury of the United 
                States.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) facility 
                        refurbishment;</DELETED>
                        <DELETED>    ``(ii) repair and 
                        replacement;</DELETED>
                        <DELETED>    ``(iii) infrastructure projects 
                        associated with park resource protection; 
                        and</DELETED>
                        <DELETED>    ``(iv) direct maintenance of the 
                        leased buildings and associated 
                        properties.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(l) Cooperative Management agreements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--Section 3 of Public Law 91-383 
(16 U.S.C. 1a-2) is amended--</DELETED>
        <DELETED>    (1) by striking ``Sec. 3.'' and all that follows 
        through ``(a) provide'' and inserting the following:</DELETED>

<DELETED>``SEC. 3. AUTHORIZED ACTIVITIES OF SECRETARY OF THE 
              INTERIOR.</DELETED>

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

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

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

    TITLE I--NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING AND 
                               MANAGEMENT

SEC. 101. PROTECTION, INTERPRETATION AND RESEARCH IN THE NATIONAL PARK 
              SYSTEM.

    Recognizing the ever increasing societal pressures being placed 
upon America's unique natural and cultural resources contained in the 
National Park System, the Secretary shall continually improve the 
ability of the National Park Service to provide state-of-the art 
management, protection, and interpretation of and research on the 
resources of the National Park System.

SEC. 102. NATIONAL PARK SERVICE EMPLOYEE TRAINING.

    The Secretary shall develop a comprehensive training program for 
employees in all professional careers in the work force of the National 
Park Service for the purpose of assuring that the work force has 
available the best, up-to-date knowledge, skills and abilities with 
which to manage, interpret and protect the resources of the National 
Park System.

SEC. 103. MANAGEMENT DEVELOPMENT AND TRAINING.

    The Secretary shall develop a clear plan for management training 
and development, whereby career, professional National Park Service 
employees from any appropriate academic field may obtain sufficient 
training, experience, and advancement opportunity to enable those 
qualified to move into park management positions, including explicitly 
the position of park superintendent.

SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.

    (a) Strategic Plans.--Each unit of the National Park System shall 
prepare and make available to the public a 5-year strategic plan and an 
annual performance plan. Such plans shall reflect the National Park 
Service policies, goals and outcomes represented in the Service-wide 
Strategic Plan, prepared pursuant to the provisions of the Government 
Performance and Results Act (Public Law 103-62).
    (b) Park Budget.--As a part of each park's annual performance plan 
prepared pursuant to subsection (a) of this section, following receipt 
of each park's appropriation from the Operations of the National Park 
System account (but no later than January 1 of each year), each park 
superintendent shall develop and make available to the public the 
budget for the current fiscal year for that park. The budget shall 
include, at a minimum, funding allocations for resource preservation 
(including resource management), visitor services (including 
maintenance, interpretation, law enforcement, and search and rescue) 
and administration. The budget shall also include allocations into each 
of the above categories of all funds retained from fees collected for 
that year, including but not limited to special use permits, concession 
franchise fees, and recreation use and entrance fees.

    TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT

SEC. 201. PURPOSES.

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

SEC. 202. RESEARCH MANDATE.

    The Secretary is authorized and directed to assure that management 
of units of the National Park System is enhanced by the availability 
and utilization of a broad program of the highest quality science and 
information.

SEC. 203. COOPERATIVE AGREEMENTS.

    (a) Cooperative Study Units.--The Secretary is authorized and 
directed to enter into cooperative agreements with colleges and 
universities, including but not limited to land grant schools, in 
partnership with other Federal and State agencies, to establish 
cooperative study units to conduct multi-disciplinary research and 
develop integrated information products on the resources of the 
National Park System, or the larger region of which parks are a part.
    (b) Report.--Within one year of the date of enactment of this 
title, the Secretary shall report to the Committee on Energy and 
Natural Resources of the United States Senate and the Committee on 
Resources of the House of Representatives on progress in the 
establishment of a comprehensive network of such college and university 
based cooperative study units as will provide full geographic and 
topical coverage for research on the resources contained in units of 
the National Park System and their larger regions.

SEC. 204. INVENTORY AND MONITORING PROGRAM.

    The Secretary shall undertake a program of inventory and monitoring 
of National Park System resources to establish baseline information and 
to provide information on the long-term trends in the condition of 
National Park System resources. The monitoring program shall be 
developed in cooperation with other Federal monitoring and information 
collection efforts to ensure a cost-effective approach.

SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY.

    (a) In General.--The Secretary may solicit, receive, and consider 
requests from Federal or non-Federal public or private agencies, 
organizations, individuals, or other entities for the use of any unit 
of the National Park System for purposes of scientific study.
    (b) Criteria.--A request for use of a unit of the National Park 
System under subsection (a) may only be approved if the Secretary 
determines that the proposed study--
            (1) is consistent with applicable laws and National Park 
        Service management policies; and
            (2) will be conducted in a manner as to pose no significant 
        threat to or broad impairment of park resources or public 
        enjoyment derived from those resources.
    (c) Fee Waiver.--The Secretary may waive any park admission or 
recreational use fee in order to facilitate the conduct of scientific 
study under this section.

SEC. 206. INTEGRATION OF STUDY RESULTS INTO MANAGEMENT DECISIONS.

    The Secretary shall take such measures as are necessary to assure 
the full and proper utilization of the results of scientific study for 
park management decisions. In each case in which 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 have been considered.

SEC. 207. CONFIDENTIALITY OF INFORMATION.

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

 TITLE III--PROCEDURES FOR ESTABLISHMENT OF NEW UNITS OF THE NATIONAL 
                              PARK SYSTEM

SEC. 301. 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; 
                and
                    (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)(A) At the beginning of each calendar year, the 
        Secretary shall submit to the Committee on Energy and Natural 
        Resources of the United States Senate and the Committee on 
        Resources of the United States House of Representatives a list 
        of areas recommended for study for potential inclusion as new 
        units in the National Park System.
            ``(B) If the Secretary determines during a specific 
        calendar year that no areas are recommended for study for 
        potential inclusion in the National Park System, the Secretary 
        is not required to submit the list referenced in subparagraph 
        (A).
            ``(2) 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) public proposals and Congressional requests.
            ``(3) Nothing in this subsection shall limit the authority 
        of the Secretary to conduct preliminary planning activities, 
        including--
                    ``(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; or
                    ``(F) completion of a reconnaissance survey of an 
                area.
            ``(4) 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.
            ``(5) In conducting a study under this subsection, the 
        Secretary shall--
                    ``(A) provide adequate public notice and an 
                opportunity for public involvement, including at least 
                one 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.
            ``(6) 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 one of the most important 
                        examples (singly or as part of a group) 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) benefits to the public;
                            ``(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 appropriate 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 most appropriate for 
                the area;
                    ``(D) shall identify what alternative, if any, or 
                what 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.
            ``(7) The letter transmitting a completed study to Congress 
        shall contain a recommendation regarding the preferred 
        management option of the Secretary for the area.
            ``(8) The Secretary shall complete a study of an area for 
        potential inclusion in the National Park System within three 
        years after the date funds are made available for the study.
    ``(c) List of Previously Studied Areas With Historical or Natural 
Resources.--
            ``(1) At the beginning of each calendar year, the Secretary 
        shall submit to the Committee on Energy and Natural Resources 
        of the United States Senate and to the Committee on Resources 
        of the United States 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) In developing a list under paragraph (1), the 
        Secretary shall consider the factors described in subsection 
        (b)(2).
            ``(3) The Secretary shall include on a list under paragraph 
        (1) only areas for which supporting data are current and 
        accurate.''.

         TITLE IV--NATIONAL PARK SERVICE CONCESSION MANAGEMENT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``National Park Service Concession 
Management Improvement Act of 1998''.

SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF POLICY.

    In furtherance of the Act of August 25, 1916 (39 Stat. 535), as 
amended (16 U.S.C. 1, 2-4), which directs the Secretary of the Interior 
to administer areas of the National Park System in accordance with the 
fundamental purpose of conserving their scenery, wildlife, natural and 
historic objects, and providing for their enjoyment in a manner that 
will leave them unimpaired for the enjoyment of future generations, the 
Congress hereby finds that the preservation of park values requires 
that such public accommodations, facilities and services as have to be 
provided within those areas should be provided only under carefully 
controlled safeguards against unregulated and indiscriminate use, so 
that heavy visitation will not unduly impair these values and so that 
development of such facilities can best be limited to locations where 
the least damage to park values will be caused. It is the policy of the 
Congress that such development shall be limited to those that are 
necessary and appropriate for public use and enjoyment of the unit of 
the National Park System in which they are located and that are 
consistent to the highest practicable degree with the preservation and 
conservation of the units.

SEC. 403. AWARD OF CONCESSION CONTRACTS.

    In furtherance of the findings and policy stated in section 402, 
and, except as provided by this title or otherwise authorized by law, 
the Secretary shall utilize concession contracts to authorize private 
entities to provide accommodations, facilities and services to visitors 
to areas of the National Park system. Such concession contracts shall 
be awarded as follows:
    (a) Competitive Selection Process.--Except as otherwise provided in 
this section, all proposed concession contracts shall be awarded by the 
Secretary to the person, corporation, or other entity submitting the 
best proposal as determined by the Secretary through a competitive 
selection process. Such competitive process shall include simplified 
procedures for small, individually-owned, concession contracts.
    (b) Solicitation of Proposals.--Except as otherwise provided in 
this section, prior to awarding a new concession contract (including 
renewals or extensions of existing concession contracts) the Secretary 
shall publicly solicit proposals for the concession contract and, in 
connection with such solicitation, the Secretary shall prepare a 
prospectus and shall publish notice of its availability at least once 
in local or national newspapers or trade publications, and/or the 
Commerce Business Daily, as appropriate, and shall make the prospectus 
available upon request to all interested parties.
    (c) Prospectus.--The prospectus shall include, but need not be 
limited to, the following information:
            (1) the minimum requirements for such contract as set forth 
        in subsection (d);
            (2) the terms and conditions of any existing concession 
        contract relating to the services and facilities to be 
        provided, including all fees and other forms of compensation 
        provided to the United States by the concessioner;
            (3) other authorized facilities or services which may be 
        provided in a proposal;
            (4) facilities and services to be provided by the Secretary 
        to the concessioner, if any, including, but not limited to, 
        public access, utilities, and buildings;
            (5) an estimate of the amount of compensation, if any, due 
        an existing concessioner from a new concessioner under the 
        terms of a prior concession contract;
            (6) a statement as to the weight to be given to each 
        selection factor identified in the prospectus and the relative 
        importance of such factors in the selection process;
            (7) such other information related to the proposed 
        concession operation as is provided to the Secretary pursuant 
        to a concession contract or is otherwise available to the 
        Secretary, as the Secretary determines is necessary to allow 
        for the submission of competitive proposals; and
            (8) where applicable, a description of a preferential right 
        to the award of the proposed concession contract held by an 
        existing concessioner as set forth in subsection (g).
    (d) Minimum Requirements.--
            (1) No proposal shall be considered which fails to meet the 
        minimum requirements as determined by the Secretary. Such 
        minimum requirements shall include, but need not be limited 
        to--
                    (A) the minimum acceptable franchise fee or other 
                forms of consideration to the government;
                    (B) any facilities, services, or capital investment 
                required to be provided by the concessioner; and
                    (C) measures necessary to ensure the protection and 
                preservation of park resources.
            (2) The Secretary shall reject any proposal, regardless of 
        the franchise fee offered, if the Secretary determines that the 
        person, corporation or entity is not qualified, is not likely 
        to provide satisfactory service, or that the proposal is not 
        responsive to the objectives of protecting and preserving park 
        resources and of providing necessary and appropriate facilities 
        and services to the public at reasonable rates.
            (3) If all proposals submitted to the Secretary either fail 
        to meet the minimum requirements or are rejected by the 
        Secretary, the Secretary shall establish new minimum contract 
        requirements and re-initiate the competitive selection process 
        pursuant to this section.
            (4) The Secretary may not execute a concession contract 
        which materially amends or does not incorporate the proposed 
        terms and conditions of the concession contract as set forth in 
        the applicable prospectus. If proposed material amendments or 
        changes are considered appropriate by the Secretary, the 
        Secretary shall resolicit offers for the concession contract 
        incorporating such material amendments or changes.
    (e) Selection of the Best Proposal.--
            (1) In selecting the best proposal, the Secretary shall 
        consider the following principal factors:
                    (A) The responsiveness of the proposal to the 
                objectives of protecting and preserving park resources 
                and values and of providing necessary and appropriate 
                facilities and services to the public at reasonable 
                rates.
                    (B) The experience and related background of the 
                person, corporation, or entity submitting the proposal, 
                including but not limited to, the past performance and 
                expertise of such person, corporation or entity in 
                providing the same or similar facilities or services.
                    (C) The financial capability of the person, 
                corporation or entity submitting the proposal.
                    (D) The proposed franchise fee: Provided, That 
                consideration of revenue to the United States shall be 
                subordinate to the objectives of protecting and 
                preserving park resources and of providing necessary 
                and appropriate facilities to the public at reasonable 
                rates.
            (2) The Secretary may also consider such secondary factors 
        as the Secretary deems appropriate.
            (3) In developing regulations to implement this title, the 
        Secretary shall consider the extent to which plans for 
        employment of Indians (including Native Alaskans) and 
        involvement of business owned by Indians, Indian tribes, or 
        Native Alaskans in the operation of a concession contracts 
        should be identified as a factor in the selection of a best 
        proposal under this section.
    (f) Congressional Notification.--The Secretary shall submit any 
proposed concession contract with anticipated annual gross receipts in 
excess of $5,000,000 or a duration of ten years or more to the 
Committee on Energy and Natural Resources of the United States Senate 
and the Committee on Resources of the United States House of 
Representatives. The Secretary shall not award any such proposed 
contract until at least 60 days subsequent to the notification of both 
committees.
    (g) Preferential Right of Renewal.--
            (1) Except as provided in paragraph (2), the Secretary 
        shall not grant a concessioner a preferential right to renew a 
        concession contract, or any other form of preference to a 
        concession contract.
            (2) The Secretary shall grant a preferential right of 
        renewal to an existing concessioner with respect to proposed 
        renewals of the categories of concession contracts described by 
        subsection (h), subject to the requirements of that subsection.
            (3) As used in this title, the term ``preferential right of 
        renewal'' means that the Secretary, subject to a determination 
        by the Secretary that the facilities or services authorized by 
        a prior contract continue to be necessary and appropriate 
        within the meaning of section 402 of this title, shall allow a 
        concessioner qualifying for a preferential right of renewal the 
        opportunity to match the terms and conditions of any competing 
        proposal which the Secretary determines to be the best proposal 
for a proposed new concession contract which authorizes the 
continuation of the facilities and services provided by the 
concessioner under its prior contract.
            (4) A concessioner which successfully exercises a 
        preferential right of renewal in accordance with the 
        requirements of this title shall be entitled to award of the 
        proposed new concession contract to which such preference 
        applies.
    (h) Outfitter and Guide Services and Small Contracts.--The 
provisions of subsection (g) shall apply only to concession contracts 
authorizing outfitter and guide services and concession contracts with 
anticipated annual gross receipts under $500,000 as further described 
below and which otherwise qualify as follows:
            (1) Outfitting and guide contracts.--For the purposes of 
        this title, an ``outfitting and guide concession contract'' 
        means a concession contract which solely authorizes the 
        provision of specialized backcountry outdoor recreation guide 
        services which require the employment of specially trained and 
        experienced guides to accompany park visitors in the 
        backcountry so as to provide a safe and enjoyable experience 
        for visitors who otherwise may not have the skills and 
        equipment to engage in such activity. Outfitting and guide 
        concessioners, where otherwise qualified, include, but are not 
        limited to, concessioners which provide guided river running, 
        hunting, fishing, horseback, camping, and mountaineering 
        experiences. An outfitting and guide concessioner is entitled 
        to a preferential right of renewal under this title only if--
                    (A) the contract the outfitting and guide 
                concessioner holds does not grant the concessioner any 
                interest, including, but not limited to, any leasehold 
                surrender interest or possessory interest, in capital 
                improvements on lands owned by the United States within 
                a unit of the National Park System: Provided, That this 
                limitation shall not apply to capital improvements 
                constructed by a concessioner pursuant to the terms of 
                a concession contract prior to the effective date of 
                this title; and
                    (B) the Secretary determines that the concessioner 
                has operated satisfactorily during the term of the 
                contract (including any extension thereof); and
                    (C) the concessioner has submitted a responsive 
                proposal for a proposed new contract which satisfies 
                the minimum requirements established by the Secretary 
                pursuant to subsection (d).
            (2) Contracts with anticipated annual gross receipts under 
        $500,000.--A concessioner which holds a concession contract 
        where the Secretary has estimated that its renewal will result 
        in gross annual receipts of less than $500,000 shall be 
        entitled to a preferential right of renewal under this title 
        if--
                    (A) the Secretary has determined that the 
                concessioner has operated satisfactorily during the 
                term of the contract (including any extension thereof); 
                and
                    (B) the concessioner has submitted a responsive 
                proposal for a proposed new concession contract which 
                satisfies the minimum requirements established by the 
                Secretary pursuant to subsection (d).
    (i) New or Additional Services.--The Secretary shall not grant a 
preferential right to a concessioner to provide new or additional 
services in a park.
    (j) Secretarial Authority.--Nothing in this title shall be 
construed as limiting the authority of the Secretary to determine 
whether to issue a concession contract or to establish its terms and 
conditions in furtherance of the policies expressed in this title.
    (k) Exceptions.--Notwithstanding the provisions of this section, 
the Secretary may award, without public solicitation--
            (1) a temporary concession contract or extend an existing 
        concession contract for a term not to exceed three years in 
        order to avoid interruption of services to the public at a 
        park, except that prior to making such an award, the Secretary 
        shall take all reasonable and appropriate steps to consider 
        alternatives to avoid such interruption; and
            (2) a concession contract in extraordinary circumstances 
        where compelling and equitable considerations require the award 
        of a concession contract to a particular party in the public 
        interest. Such award of a concession contract shall not be made 
        by the Secretary until at least thirty days after publication 
        in the ``Federal Register'' of notice of the Secretary's 
        intention to do so and the reasons for such action, and notice 
        to the Committee on Energy and Natural Resources of the United 
        States Senate and the Committee on Resources of the United 
        States House of Representatives.

SEC. 404. TERM OF CONCESSION CONTRACTS.

    A concession contract entered into pursuant to this title shall be 
awarded for a term not to exceed ten years: Provided, That the 
Secretary may award a contract for a term of up to twenty years if the 
Secretary determines that the contract terms and conditions, including 
the required construction of capital improvements, warrant a longer 
term.

SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT.

    (a) Leasehold Surrender Interest Under New Concession Contracts.--
            (1) On or after the date of enactment of this title, a 
        concessioner which constructs a capital improvement upon land 
        owned by the United States within a unit of the National Park 
        System pursuant to a concession contract, shall have a 
        leasehold surrender interest in such capital improvement 
        subject to the following terms and conditions:
                    (A) A concessioner shall have a property right in 
                each capital improvement constructed by a concessioner 
                under a concession contract, consisting solely of a 
                right to compensation for the capital improvement to 
                the extent of the value of the concessioner's leasehold 
                surrender interest in the capital improvement.
                    (B) A leasehold surrender interest--
                            (i) may be pledged as security for 
                        financing of a capital improvement or the 
                        acquisition of a concession contract when 
                        approved by the Secretary pursuant to this 
                        title;
                            (ii) shall be transferred by the 
                        concessioner in connection with any transfer of 
                        the concession contract and may be relinquished 
                        or waived by the concessioner; and
                            (iii) shall not be extinguished by the 
                        expiration or other termination of a concession 
                        contract and may not be taken for public use 
                        except on payment of just compensation.
                    (C) The value of a leasehold surrender interest in 
                a capital improvement shall be an amount equal to the 
                initial value (construction cost of the capital 
                improvement), increased (or decreased) in the same 
                percentage increase (or decrease) as the percentage 
                increase (or decrease) in the Consumer Price Index, 
                from the date of making the investment in the capital 
                improvement by the concessioner to the date of payment 
                of the value of the leasehold surrender interest, less 
                depreciation of the capital improvement as evidenced by 
                the condition and prospective serviceability in 
                comparison with a new unit of like kind.
                    (D) Where a concessioner, pursuant to the terms of 
                a concession contract, makes a capital improvement to 
                an existing capital improvement in which the 
                concessioner has a leasehold surrender interest, the 
                cost of such additional capital improvement shall be 
added to the then current value of the concessioner's leasehold 
surrender interest.
                    (E) For purposes of this section, the term--
                            (i) ``Consumer Price Index'' means the 
                        ``Consumer Price Index--All Urban Consumers'' 
                        published by the Bureau of Labor Statistics of 
                        the Department of Labor, unless such index is 
                        not published, in which case another regularly 
                        published cost-of-living index approximating 
                        the Consumer Price Index shall be utilized by 
                        the Secretary; and
                            (ii) ``capital improvement'' means a 
                        structure, fixture, or non-removable equipment 
                        provided by a concessioner pursuant to the 
                        terms of a concession contract and located on 
                        lands of the United States within a unit of the 
                        National Park System.
    (b) Special Rule for Existing Possessory Interest.--
            (1) A concessioner which has obtained a possessory interest 
        as defined in Public Law 89-249 under the terms of a concession 
        contract entered into prior to the date of enactment of this 
        title shall, upon the expiration or termination of such 
        contract, be entitled to receive compensation for such 
        possessory interest improvements in the amount and manner as 
        described by such concession contract.
            (2) In the event such prior concessioner is awarded a new 
        concession contract after the effective date of this title 
        replacing an existing concession contract, the existing 
        concessioner shall, instead of directly receiving such 
        possessory interest compensation, have a leasehold surrender 
        interest in its existing possessory interest improvements under 
        the terms of the new contract and shall carry over as the 
        initial value of such leasehold surrender interest (instead of 
        construction cost) an amount equal to the value of the existing 
        possessory interest as of the termination date of the previous 
        contract. In the event of a dispute between the concessioner 
        and the Secretary as to the value of such possessory interest, 
        the matter shall be resolved through binding arbitration.
            (3) In the event that a new concessioner is awarded a 
        concession contract and is required to pay a prior concessioner 
        for possessory interest in prior improvements, the new 
        concessioner shall have a leasehold surrender interest in such 
        prior improvements and the initial value in such leasehold 
        surrender interest (instead of construction cost), shall be an 
        amount equal to the value of the existing possessory interest 
        as of the termination date of the previous contract.
    (c) Transition to Successor Concessioner.--Upon expiration or 
termination of a concession contract entered into after the effective 
date of this title, a concessioner shall be entitled under the terms of 
the concession contract to receive from the United States or a 
successor concessioner the value of any leasehold surrender interest in 
a capital improvement as of the date of such expiration or termination. 
A successor concessioner shall have a leasehold surrender interest in 
such capital improvement under the terms of a new contract and the 
initial value of the leasehold surrender interest in such capital 
improvement (instead of construction cost) shall be the amount of money 
the new concessioner is required to pay the prior concessioner for its 
leasehold surrender interest under the terms of the prior concession 
contract.
    (d) Title to Improvements.--Title to any capital improvement 
constructed by a concessioner on lands owned by the United States in a 
unit of the National Park System shall be in the United States.

SEC. 406. REASONABLENESS OF RATES.

    The reasonableness of a concessioner's rates and charges to the 
public, unless otherwise provided in the contract, shall be judged 
primarily by comparison with those rates and charges for facilities and 
services of comparable character under similar conditions, with due 
consideration for length of season, peakloads, average percentage of 
occupancy, accessibility, availability and costs of labor and 
materials, type of patronage, and other factors deemed significant by 
the Secretary. A concessioner's rates and charges to the public shall 
be subject to approval by the Secretary pursuant to the terms of the 
concesssion contract. The approval process utilized by the Secretary 
shall be as prompt and unburdensome to the concessioner as possible and 
shall rely on market forces to establish reasonableness of rates and 
charges to the maximum extent practicable.

SEC. 407. FRANCHISE FEES.

    (a) In General.--A concession contract shall provide for payment to 
the government of a franchise fee or such other monetary consideration 
as determined by the Secretary, upon consideration of the probable 
value to the concessioner of the privileges granted by the particular 
contract involved. Such probable value is a reasonable opportunity for 
net profit in relation to capital invested and the obligations of the 
contract. Consideration of revenue to the United States shall be 
subordinate to the objectives of protecting and preserving park areas 
and of providing adequate and appropriate services for visitors at 
reasonable rates.
    (b) Amount of Franchise Fee.--The amount of the franchise fee or 
other monetary consideration paid to the United States for the term of 
the concession contract shall be specified in the concession contract 
and may only be modified to reflect substantial, unanticipated changes 
from the conditions anticipated as of the effective date of the 
contract. The Secretary shall include in concession contracts with a 
term of more than five years a provision which allows reconsideration 
of the franchise fee at the request of the Secretary or the 
concessioner in the event of such substantial, unanticipated changes. 
Such provision shall provide for binding arbitration in the event that 
the Secretary and the concessioner are unable to agree upon an 
adjustment to the franchise fee in these circumstances.
    (c) Special Account.--All franchise fees (and other monetary 
consideration) paid to the United States pursuant to a concession 
contract shall be covered into a special account established in the 
Treasury of the United States. The funds contained in such special 
account shall be available for expenditure by the Secretary, without 
appropriation, until expended for use in accordance with subsection 
(d).
    (d) Use of Franchise Fees.--Funds contained in the special account 
shall be transferred to a subaccount and shall be allocated to each 
applicable unit of the National Park System, based on the proportion 
that the amount of concession contract fees collected from the unit 
during the fiscal year bears to the total amount of concession contract 
fees collected from all units of the National Park System during the 
fiscal year, to fund high-priority resource management and visitor 
services programs and operations.

SEC. 408. TRANSFER OF CONCESSION CONTRACTS.

    (a) Approval of the Secretary.--No concession contract or leasehold 
surrender interest may be transferred, assigned, sold, or otherwise 
conveyed or pledged by a concessioner without prior written 
notification to, and approval of the Secretary.
    (b) Conditions.--The Secretary shall not unreasonably withhold 
approval of such a conveyance or pledge, and shall approve such 
conveyance or pledge if the Secretary in his discretion determines 
that--
            (1) the individual, corporation or entity seeking to 
        acquire a concession contract is qualified to be able to 
        satisfy the terms and conditions of the concession contract;
            (2) such conveyance or pledge is consistent with the 
        objectives of protecting and preserving park resources and of 
        providing necessary and appropriate facilities and services to 
        visitors at reasonable rates and charges; and
            (3) the terms of such conveyance or pledge are not likely, 
        directly or indirectly, to: reduce the concessioner's 
        opportunity for a reasonable profit over the remaining term of 
        the contract; adversely affect the quality of facilities and 
        services provided by the concessioner; or result in a need for 
        increased rates and charges to the public to maintain the 
        quality of such facilities and services.

SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT ADVISORY BOARD.

    (a) Establishment.--There is hereby established a National Park 
Service Concessions Management Advisory Board (hereinafter in this 
title referred to as the ``Advisory Board'') whose purpose shall be to 
advise the Secretary and National Park Service on matters relating to 
management of concessions in areas of the National Park System. Among 
other matters, the Advisory Board shall advise on policies and 
procedures intended to assure that services and facilities provided by 
concessioners meet acceptable standards at reasonable rates with a 
minimum of impact on park resources and values, and provide the 
concessioners with a reasonable opportunity to make a profit. The 
Advisory Board shall also advise on ways to make National Park Service 
concession programs and procedures more cost effective, efficient, and 
less burdensome, including, but not limited to, providing 
recommendations regarding National Park Service contracting with the 
private sector to conduct appropriate elements of concessions 
management and providing recommendations to make more efficient and 
less burdensome the approval of concessioner rates and charges to the 
public. In addition, the Advisory Board shall make recommendations to 
the Secretary regarding the nature and scope of products which qualify 
as Indian, Alaska Native, and Native Hawaiian handicrafts within this 
meaning of this title. The Advisory Board, commencing with the first 
anniversary of its initial meeting, shall provide an annual report on 
its activities to the Committee on Energy and Natural Resources of the 
United States Senate and the Committee on Resources of the United 
States House of Representatives.
    (b) Advisory Board Membership.--Members of the Advisory Board shall 
be appointed on a staggered basis by the Secretary for a term not to 
exceed four years and shall serve at the pleasure of the Secretary. The 
Advisory Board shall be comprised of not more than seven individuals 
appointed from among citizens of the United States not in the 
employment of the Federal government and not in the employment of or 
having an interest in a National Park Service concession. Of the seven 
members of the Advisory Board--
            (1) one shall be privately employed in the hospitality 
        industry,
            (2) one shall be privately employed in the tourism 
        industry,
            (3) one shall be privately employed in the accounting 
        industry,
            (4) one shall be privately employed in the outfitting and 
        guide industry,
            (5) one shall be a State government employee with expertise 
        in park concession management,
            (6) one shall be active in promotion of traditional arts 
        and crafts, and
            (7) one shall be active in a non-profit conservation 
        organization involved in the programs of the National Park 
        Service.
    (c) Termination.--The Advisory Board shall continue to exist until 
December 31, 2008. In all other respects, it shall be subject to the 
provisions of the Federal Advisory Committee Act.
    (d) Service on Advisory Board.--Service of an individual as a 
member of the Advisory Board shall not be considered as service or 
employment bringing such individual within the provisions of any 
Federal law relating to conflicts of interest or otherwise imposing 
restrictions, requirements, or penalties in relation to the employment 
of persons, the performance of services, or the payment or receipt of 
compensation in connection with claims, proceedings, or matters 
involving the United States. Service as a member of the Advisory Board 
shall not be considered service in an appointive or elective position 
in the Government for purposes of section 8344 of Title 5 of the United 
States Code, or other comparable provisions of Federal law.

SEC. 410. CONTRACTING FOR SERVICES.

    To the maximum extent practicable, the Secretary shall contract 
with private entities to conduct the following elements of the 
management of the National Park Service concession program suitable for 
non-federal fulfillment: health and safety inspections, quality control 
of concession operations and facilities, analysis of rates and charges 
to the public, and financial analysis: Provided, That nothing in this 
section shall diminish the governmental responsibilities and authority 
of the Secretary to administer concession contracts and activities 
pursuant to this title and the Act of August 25, 1916 (39 Stat. 535), 
as amended, (16 U.S.C. 1, 2-4). The Secretary shall also consider, 
taking into account the recommendations of the National Park Service 
Concessions Management Advisory Board, contracting out other elements 
of the concession management program, as appropriate.

SEC. 411. USE OF NON-MONETARY CONSIDERATION IN CONCESSION CONTRACTS.

    The provisions of section 321 of the Act of June 30, 1932 (47 Stat. 
412; 40 U.S.C. 303b), relating to the leasing of buildings and 
properties of the United States, shall not apply to contracts awarded 
by the Secretary pursuant to this title.

SEC. 412. RECORDKEEPING REQUIREMENTS.

    (a) In General.--Each concessioner shall keep such records as the 
Secretary may prescribe to enable the Secretary to determine that all 
terms of the concession contract have been and are being faithfully 
performed, and the Secretary and his duly authorized representatives 
shall, for the purpose of audit and examination, have access to said 
records and to other books, documents, and papers of the concessioner 
pertinent to the contract and all terms and conditions thereof.
    (b) Access to Records.--The Comptroller General of the United 
States or any of his duly authorized representatives shall, until the 
expiration of five calendar years after the close of the business year 
of each concessioner or subconcessioner have access to and the right to 
examine any pertinent books, papers, documents and records of the 
concessioner or subconcessioner related to the contract or contracts 
involved.

SEC. 413. REPEAL OF CONCESSION POLICY ACT OF 1965.

    (a) Repeal.--The Act of October 9, 1965, Public Law 89-249 (79 
Stat. 969, 16 U.S.C. 20-20g), is hereby repealed. The repeal of such 
Act shall not affect the validity of any concession contract or permit 
entered into under such Act, but the provisions of this title shall 
apply to any such contract or permit except to the extent such 
provisions are inconsistent with the express terms and conditions of 
any such contract or permit. References in this title to concession 
contracts awarded under authority of Public Law 89-249 also apply to 
concession permits awarded under such authority.
    (b) Exception for Pending Contract Solicitations.--Notwithstanding 
such repeal, the Secretary may award concession contracts under the 
terms of Public Law 89-249 for concession contract solicitations for 
which, as of August 1, 1998, a formal prospectus was issued by the 
Secretary pursuant to the requirements of 36 C.F.R. Part 51.
    (c) Conforming Amendment.--The fourth sentence of section 3 of the 
Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 3) is amended by 
striking all through ``no natural'' and inserting in lieu thereof, ``No 
natural,'' and, the last proviso of such sentence is stricken in its 
entirety.
    (d) 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.

SEC. 414. PROMOTION OF THE SALE OF INDIAN, ALASKA NATIVE, AND NATIVE 
              HAWAIIAN HANDICRAFTS.

    (a) In General.--Promoting the sale of United States authentic 
Indian, Alaskan Native and Native Hawaiian handicrafts relating to the 
cultural, historical, and geographic characteristics of units of the 
National Park System is encouraged, and the Secretary shall ensure that 
there is a continuing effort to enhance the handicraft trade where it 
exists and establish the trade where it currently does not exist.
    (b) Exemption From Franchise Fee.--In furtherance of these 
purposes, the revenue derived from the sale of United States Indian, 
Alaska Native, and Native Hawaiian handicrafts shall be exempt from any 
franchise fee payments under this title.

SEC. 415. REGULATIONS.

    As soon as practicable after the effective date of this title, the 
Secretary shall promulgate regulations appropriate for its 
implementation. Among other matters, such regulations shall include 
appropriate provisions to ensure that concession services and 
facilities to be provided in an area of the National Park System are 
not segmented or otherwise split into separate concession contracts for 
the purposes of seeking to reduce anticipated annual gross receipts of 
a concession contract below $500,000. The Secretary shall also 
promulgate regulations which further define the term ``United States 
Indian, Alaskan Native, and Native Hawaiian handicrafts'' for the 
purposes of this title.

SEC. 416. COMMERCIAL USE AUTHORIZATIONS.

    (a) In General.--To the extent specified in this section, the 
Secretary, upon request, may authorize a private person, corporation, 
or other entity to provide services to visitors to units of the 
National Park System through a commercial use authorization. Such 
authorizations shall not be considered as concession contracts pursuant 
to this title nor shall other sections of this title be applicable to 
such authorizations except where expressly so stated.
    (b) Criteria for Issuance of Authorizations.--
            (1) The authority of this section may be used only to 
        authorize provisions of services that the Secretary will have 
        minimal impact on park resources and values and which are 
        consistent with the purpose for which the park unit was 
        established and with all applicable management plans and park 
        policies and regulations.
            (2) The Secretary shall--
                    (A) require payment of a reasonable fee for 
                issuance of an authorization under this section, such 
                fees to remain available without further appropriation 
                to be used, at a minimum, to recover associated 
                management and administrative costs;
                    (B) require that the provision of services under 
                such an authorization be accomplished in a manner 
                consistent with the highest practicable degree with the 
                preservation and conservation of park resources and 
                values;
                    (C) take appropriate steps to limit the liability 
                of the United States arising from the provision of 
                services under such an authorization; and
                    (D) have no authority under this section to issue 
                more authorizations than are consistent with the 
                preservation and proper management of park resources 
                and values, and shall establish such other conditions 
                for issuance of such an authorization as the Secretary 
                determines appropriate for the protection of visitors, 
                provision of adequate and appropriate visitor services, 
                and protection and proper management of the resources 
                and values of the park.
    (c) Limitations.--Any authorization issued under this section shall 
be limited to--
            (1) commercial operations with annual gross receipts of not 
        more than $25,000 resulting from services originating and 
        provided solely within a park pursuant to such authorization; 
        and
            (2) the incidental use of park resources by commercial 
        operations which provide services originating and terminating 
        outside of the park's boundaries: Provided, That such 
        authorization shall not provide for the construction of any 
        structure, fixture, or improvement on federally-owned lands 
        within the boundaries of the park.
    (d) Duration.--The term of any authorization issued under this 
section shall not exceed two years. No preferential right of renewal or 
similar provisions for renewal shall be granted by the Secretary.
    (e) Other Contracts.--A person, corporation, or other entity 
seeking or obtaining an authorization pursuant to this section shall 
not be precluded from also submitting proposals for concession 
contracts.

                        TITLE V--FEE AUTHORITIES

SEC. 501. 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. 4601-6a note)--
            (1) is extended through September 30, 2005; and
            (2) shall be available for all units of the National Park 
        System, and for system-wide fee programs.
    (b) Report.--(1) Not later than September 30, 2000, the Secretary 
shall submit to the Committee on Energy and Natural Resources of the 
United States Senate and the Committee on Resources of the United 
States House of Representatives a report detailing the status of the 
recreational fee demonstration program conducted in units of the 
National Park System under section 315 of Public Law 104-134 (16 U.S.C. 
4601-6a note).
    (2) The report under paragraph (1) shall contain--
            (A) an evaluation of the fee demonstration program 
        conducted at each unit of the National Park System;
            (B) with respect to each unit of the National Park System 
        where a fee is charged under the authority of the Recreational 
        Fee Demonstration Program (16 U.S.C. 4601-6a note), a 
        description of the criteria that were used to determine whether 
        a recreational fee should or should not be charged at such 
        park; and
            (C) a description of the manner in which the amount of the 
        fee at each national park was established.
    (c) Notice.--At least twelve months notice shall be given to the 
public prior to the increase or establishment of any fee in units of 
the National Park System.

SEC. 502. COMMERCIAL FILMING ACTIVITIES.

    (a) Commercial Filming.--The Secretary shall require a permit and 
shall establish a reasonable fee for commercial filming activities in 
units of the National Park System. Such fee shall provide a fair return 
to the United States and shall be based upon the following criteria, in 
addition to such other factors as the Secretary deems necessary: the 
number of days the filming takes place within a park unit, the size of 
the film crew, the amount and type of equipment present, and any 
potential impact on park resources. The Secretary is also directed to 
recover any costs incurred as a result of filming activities, including 
but not limited to administration and personnel costs. All costs 
recovered are in addition to the assessed fee.
    (b) Still Photography.--(1) Except as provided in paragraph (2), 
the Secretary shall not require a permit or assess a fee for commercial 
or non-commercial still photography of sites or resources in units of 
the National Park System in any part of a park where members of the 
public are generally allowed. In other locations, the Secretary may 
require a permit, fee, or both, if the Secretary determines that there 
is a likelihood of resource impact, disruption of the public's use and 
enjoyment of the park, or if the activity poses health or safety risks.
    (2) The Secretary shall require the issuance of a permit and the 
payment of a reasonable fee for still photography that utilizes models 
or props which are not a part of a park's natural or cultural features 
or administrative facilities.
    (c) Proceeds.--(1) Fees collected within units of the National Park 
System under this section shall be deposited in a special account in 
the Treasury of the United States and shall be available to the 
Secretary, without further appropriation for high-priority visitor 
service or resource management projects and programs for the unit of 
the National Park System in which the fee is collected.
    (2) All costs recovered under this section shall be retained by the 
Secretary and shall remain available for expenditure in the park where 
collected, without further appropriation.

SEC. 503. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES.

    Not later than six months after the date of enactment of this 
title, the Secretary and the Secretary of Agriculture shall enter into 
an agreement providing for an apportionment among each agency of all 
proceeds derived from the sale of Golden Eagle Passports by private 
vendors. Such proceeds shall be apportioned to each agency on the basis 
of the ratio of each agency's total revenue from admission fees 
collected during the previous fiscal year to the sum of all revenue 
from admission fees collected during the previous fiscal year for all 
agencies participating in the Golden Eagle Passport Program.

                TITLE VI--NATIONAL PARK PASSPORT PROGRAM

SEC. 601. PURPOSES.

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

SEC. 602. NATIONAL PARK PASSPORT PROGRAM.

    (a) Program.--The Secretary shall establish a national park 
passport program. A national park passport shall include a collectible 
stamp providing the holder admission to all units of the National Park 
System.
    (b) Effective Period.--A national park passport stamp shall be 
effective for a period of 12 months from the date of purchase.
    (c) Transferability.--A national park passport and stamp shall not 
be transferable.

SEC. 603. ADMINISTRATION.

    (a) Stamp Design Competition.--(1) The Secretary shall hold an 
annual competition for the design of the collectible stamp to be 
affixed to the national park passport.
    (2) Each competition shall be open to the public and shall be a 
means to educate the American people about the National Park System.
    (b) Sale of Passports and Stamps.--(1) National park passports and 
stamps shall be sold through the National Park Service and may be sold 
by private vendors on consignment in accordance with guidelines 
established by the Secretary.
    (2) A private vendor may be allowed to collect a commission on each 
national park passport (including stamp) sold, as determined by the 
Secretary.
    (3) The Secretary may limit the number of private vendors of 
national park passports (including stamps).
    (c) Use of Proceeds.--
            (1) The Secretary may use not more than ten percent of the 
        revenues derived from the sale of national park passports 
        (including stamps) to administer and promote the national park 
        passport program and the National Park System.
            (2) Amounts collected from the sale of national park 
        passports shall be deposited in a special account in the 
        Treasury of the United States and shall remain available until 
        expended, without further appropriation, for high priority 
        visitor service or resource management projects throughout the 
        National Park System.
    (d) Agreements.--The Secretary may enter into cooperative 
agreements with the National Park Foundation and other interested 
parties to provide for the development and implementation of the 
national park passport program and the Secretary shall take such 
actions as are appropriate to actively market national park passports 
and stamps.
    (e) Fee.--The fee for a national park passport and stamp shall be 
$50.

SEC. 604. INTERNATIONAL PARK PASSPORT PROGRAM.

    (a) In General.--The Secretary shall establish an international 
park passport program in accordance with 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) Fee.--International park passports and stamps shall be sold for 
a fee that is $10.00 less than the fee for a national 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.
    (f) Effective Period.--An international park passport and stamp 
shall be valid for a period of 45 days from the date of purchase.
    (g) Use of Proceeds.--Amounts collected from the sale of 
international park passports and stamps shall be deposited in the 
special account under section 603(c) and shall be available as provided 
in section 603(c).
    (h) 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 passports and stamps are 
sold during that calendar year.

SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.

    (a) Park Passport Not Required.--A national park passport or 
international park passport shall not be required for--
            (1) a single visit to a national park that charges a single 
        visit admission fee under section 4(a)(2) of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(a)(2)) or the 
        Recreational Fee Demonstration Program (16 U.S.C. 4601-6a 
        note); or
            (2) an individual who has obtained a Golden Age or Golden 
        Access Passport under paragraph (4) or (5) of section 4(a) of 
        the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        4601-6a(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. 4601-6a(a)(1)(A)) or the Recreational Fee Demonstration 
Program (16 U.S.C. 460l-6a note) shall be honored for admission to each 
unit of the National Park System.
    (c) Access.--A national park passport and an international park 
passport shall provide access to each unit of the National Park System 
under the same conditions, rules, and regulations as apply to access 
with a Golden Eagle Passport as of the date of enactment of this title.
    (d) Limitations.--A national park passport or international park 
passport may not be used to obtain access to other Federal recreation 
fee areas outside of the National Park System.
    (e) Exemptions and Fees.--A national park passport or international 
park passport does not exempt the holder from or provide the holder any 
discount on any recreation use fee imposed under section 4(b) of the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) or 
the Recreational Fee Demonstration Program (16 U.S.C. 460l-6a note).

              TITLE VII--NATIONAL PARK FOUNDATION SUPPORT

SEC. 701. 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 thereof 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 unit level.
    ``(b) Implementation.--The program under subsection (a) shall be 
implemented to--
            ``(1) assist in the creation of local nonprofit support 
        organizations; and
            ``(2) provide support, national consistency, and 
        management-improving suggestions for local nonprofit support 
        organizations.
    ``(c) Program.--The program under subsection (a) shall include the 
greatest number of national park units as is practicable.
    ``(d) Requirements.--The program under subsection (a) shall 
include, at a minimum--
            ``(1) a standard adaptable organizational design format to 
        establish and sustain responsible management of a local 
        nonprofit support organization for support of a national park 
        unit;
            ``(2) standard and legally tenable bylaws and recommended 
        money-handling procedures that can easily be adapted as applied 
        to individual national park units; and
            ``(3) a standard training curriculum to orient and expand 
        the operating expertise of personnel employed by local 
        nonprofit support organizations.
    ``(e) Annual Report.--The Foundation shall report the progress of 
the program under subsection (a) in the annual report of the 
Foundation.
    ``(f) Affiliations.--
            ``(1) Charter or corporate bylaws.--Nothing in this section 
        requires--
                    ``(A) a nonprofit support organization or friends 
                group in existence on the date of enactment of this 
                title to modify current practices or to affiliate with 
                the Foundation; or
                    ``(B) a local nonprofit support organization, 
                established as a result of this section, to be bound 
                through its charter or corporate bylaws to be 
                permanently affiliated with the Foundation.
            ``(2) Establishment.--An affiliation with the Foundation 
        shall be established only at the discretion of the governing 
        board of a nonprofit organization.''.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

SEC. 801. UNITED STATES PARK POLICE.

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

SEC. 802. 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 
                regulations 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 
                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.--Where a unit of the National Park System 
        is located adjacent to or near a State or local park area, and 
        cooperative management between the National Park Service and a 
        State or local government agency of a portion of either park 
        will allow for more effective and efficient management of the 
        parks, the Secretary is authorized to enter into an agreement 
        with a State or local government agency to provide for the 
        cooperative management of the Federal and State or local park 
        areas: Provided, That the Secretary may not transfer 
        administration responsibilities for any unit of the National 
        Park System.
            ``(2) Provision of goods and services.--Under a cooperative 
        management agreement, the Secretary may acquire from and 
        provide to a State or local government agency goods and 
        services to be used by the Secretary and the State or local 
        governmental agency in the cooperative management of land.
            ``(3) Assignment.--An assignment arranged by the Secretary 
        under section 3372 of title 5, United States Code, of a 
        Federal, State, or local employee for work in any Federal, 
        State, or local land or an extension of such an assignment may 
        be for any period of time determined by the Secretary and the 
        State or local agency to be mutually beneficial.''.
    (b) Historic Lease Process Simplification.--The Secretary is 
directed to simplify, to the maximum extent possible, the leasing 
process for historic properties with the goal of leasing available 
structures in a timely manner.
        Amend the title so as to read: ``A bill to provide for improved 
        management and increased accountability for certain National 
        Park Service programs, and for other purposes.''
```