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

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 1693

_______________________________________________________________________

                                 AN ACT

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

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

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:
            (1) 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.
            (2) 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.
            (3) Prospectus.--The prospectus shall include, but need not 
        be limited to, the following information--
                    (A) the minimum requirements for such contract as 
                set forth in paragraph (4);
                    (B) 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;
                    (C) other authorized facilities or services which 
                may be provided in a proposal;
                    (D) facilities and services to be provided by the 
                Secretary to the concessioner, if any, including, but 
                not limited to, public access, utilities, and 
                buildings;
                    (E) an estimate of the amount of compensation, if 
                any, due an existing concessioner from a new 
                concessioner under the terms of a prior concession 
                contract;
                    (F) a statement as to the weight to be given to 
                each selection factor identified in the prospectus and 
                the relative importance of such factors in the 
                selection process;
                    (G) such other information related to the proposed 
                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
                    (H) 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 paragraph (7).
            (4) Minimum requirements.--
                    (A) No proposal shall be considered which fails to 
                meet the minimum requirements as determined by the 
                Secretary. Such minimum requirements shall include, but 
                need not be limited to--
                            (i) the minimum acceptable franchise fee or 
                        other forms of consideration to the Government;
                            (ii) any facilities, services, or capital 
                        investment required to be provided by the 
                        concessioner; and
                            (iii) measures necessary to ensure the 
                        protection and preservation of park resources.
                    (B) The Secretary shall reject any proposal, 
                regardless of the franchise fee offered, if the 
                Secretary determines that the person, corporation or 
                entity is not qualified, is not likely to provide 
                satisfactory service, or that the proposal is not 
                responsive to the objectives of protecting and 
                preserving park resources and of providing necessary 
                and appropriate facilities and services to the public 
                at reasonable rates.
                    (C) If all proposals submitted to the Secretary 
                either fail to meet the minimum requirements or are 
                rejected by the Secretary, the Secretary shall 
                establish new minimum contract requirements and re-
                initiate the competitive selection process pursuant to 
                this section.
                    (D) The Secretary may not execute a 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.
            (5) Selection of the best proposal.--
                    (A) In selecting the best proposal, the Secretary 
                shall consider the following principal factors:
                            (i) The responsiveness of the proposal to 
                        the objectives of protecting and preserving 
                        park resources and values and of providing 
                        necessary and appropriate facilities and 
                        services to the public at reasonable rates.
                            (ii) The experience and related background 
                        of the person, corporation, or entity 
                        submitting the proposal, including but not 
                        limited to, the past performance and expertise 
                        of such person, corporation or entity in 
                        providing the same or similar facilities or 
                        services.
                            (iii) The financial capability of the 
                        person, corporation or entity submitting the 
                        proposal.
                            (iv) 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.
                    (B) The Secretary may also consider such secondary 
                factors as the Secretary deems appropriate.
                    (C) In developing regulations to implement this 
                title, the Secretary shall consider the extent to which 
                plans for employment of Indians (including Native 
                Alaskans) and involvement of businesses owned by 
                Indians, Indian tribes, or Native Alaskans in the 
                operation of a concession, contracts should be 
                identified as a factor in the selection of a best 
                proposal under this section.
            (6) Congressional notification.--The Secretary shall submit 
        any proposed 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.
            (7) Preferential right of renewal.--
                    (A) Except as provided in subparagraph (B), the 
                Secretary shall not grant a concessioner a preferential 
                right to renew a concession contract, or any other form 
                of preference to a concession contract.
                    (B) 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 paragraph (8), subject to the 
                requirements of that paragraph.
                    (C) As used in this title, the term ``preferential 
                right of renewal'' means that the Secretary, subject to 
                a determination by the Secretary that the facilities or 
                services authorized by a prior contract continue to be 
                necessary and appropriate within the meaning of section 
                402 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.
                    (D) A concessioner which successfully exercises a 
                preferential right of renewal in accordance with the 
                requirements of this title shall be entitled to award 
                of the proposed new concession contract to which such 
                preference applies.
            (8) Outfitter and guide services and small contracts.--The 
        provisions of paragraph (7) 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:
                    (A) 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--
                            (i) 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
                            (ii) the Secretary determines that the 
                        concessioner has operated satisfactorily during 
                        the term of the contract (including any 
                        extension thereof); and
                            (iii) the concessioner has submitted a 
                        responsive proposal for a proposed new contract 
                        which satisfies the minimum requirements 
                        established by the Secretary pursuant to 
                        paragraph (4).
                    (B) 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--
                            (i) the Secretary has determined that the 
                        concessioner has operated satisfactorily during 
                        the term of the contract (including any 
                        extension thereof); and
                            (ii) the concessioner has submitted a 
                        responsive proposal for a proposed new 
                        concession contract which satisfies the minimum 
                        requirements established by the Secretary 
                        pursuant to paragraph (4).
            (9) New or additional services.--The Secretary shall not 
        grant a preferential right to a concessioner to provide new or 
        additional services in a park.
            (10) 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.
            (11) Exceptions.--Notwithstanding the provisions of this 
        section, the Secretary may award, without public solicitation--
                    (A) 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
                    (B) 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 10 years: Provided, That the Secretary 
may award a contract for a term of up to 20 years if the Secretary 
determines that the contract terms and conditions, including the 
required construction of capital improvements, warrant a longer term.

SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT.

    (a) Leasehold Surrender Interest Under New 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 nonremovable 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, subject to 
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 nonprofit 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 NONMONETARY 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 part 51 of title 36, Code of 
Federal Regulations.
    (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 provision 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 to the highest practicable degree with the 
                preservation and conservation of park resources and 
                values;
                    (C) take appropriate steps to limit the liability 
                of the United States arising from the provision of 
                services under such an authorization; and
                    (D) have no authority under this section to issue 
                more authorizations than are consistent with the 
                preservation and proper management of park resources 
                and values, and shall establish such other conditions 
                for issuance of such an authorization as the Secretary 
                determines appropriate for the protection of visitors, 
                provision of adequate and appropriate visitor services, 
                and protection and proper management of the resources 
                and values of the park.
    (c) Limitations.--Any authorization issued under this section shall 
be limited to--
            (1) commercial operations with annual gross receipts of not 
        more than $25,000 resulting from services originating and 
        provided solely within a 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. 460l-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. 
460l-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. 460l-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 12 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 noncommercial 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 10 percent of the 
        revenues derived from the sale of national park passports 
        (including stamps) to administer and promote the national park 
        passport program and the National Park System.
            (2) 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. 460l-6a(a)(2)) or the 
        Recreational Fee Demonstration Program (16 U.S.C. 460l-6a 
        note); or
            (2) an individual who has obtained a Golden Age or Golden 
        Access Passport under paragraph (4) or (5) of section 4(a) of 
        the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-6a(a)).
    (b) Golden Eagle Passports.--A Golden Eagle Passport issued under 
section 4(a)(1)(A) of the Land and Water Conservation Fund Act of 1965 
(16 U.S.C. 460l-6a(a)(1)(A)) or 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.

            Passed the Senate June 11, 1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 1693

_______________________________________________________________________

                                 AN ACT

  To provide for improved management and increased accountability for 
    certain National Park Service programs, and for other purposes.
```