I

104TH CONGRESS

2D SESSION H. R. 3819

To amend the Act establishing the National Park Foundation.

IN THE HOUSE OF REPRESENTATIVES

JULY 16, 1996

Mr. HANSEN (for himself, Mr. HEFLEY, Mr. TORKILDSEN, Mr. SAXTON, Mr.

GOSS, Mr. KASICH, Mr. DEFAZIO, and Mr. RICHARDSON) introduced the

following bill; which was referred to the Committee on Resources

A BILL

To amend the Act establishing the National Park

Foundation.

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

3 That the Act of December 18, 1967 (16 U.S.C. 19e–19n),

4 entitled ‘‘An Act to establish the National Park Founda5 tion’’, is amended—

6 (1) in section 1—

7 (A) by striking ‘‘therein’’ and inserting in

8 lieu thereof ‘‘therein, and to develop and imple9 ment means of securing funds from the private

10 sector, to enhance funding for the National
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1 Park System without supplanting appropriated

2 funds otherwise available for the National Park

3 System,’’; and

4 (B) by striking ‘‘to accept and administer

5 such gifts’’;

6 (2) in section 3—

7 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’; and

8 (B) by inserting at the end:

9 ‘‘(b)(1) In furtherance of the purposes of this Act,

10 the Foundation shall have exclusive authority to license

11 or authorize persons to use such trademarks, tradenames,

12 signs, symbols, emblems, insignia, logos, likenesses or slo13 gans that are or may be in the future adopted and owned

14 by the Foundation, and for which the Foundation has filed

15 an application or applications with the U.S. Patent and

16 Trademark Office, for the purposes of representing, pro17 moting or advertising for commercial purposes or pecu18 niary gain that an individual, company, or particular good

19 or service is an official sponsor or official supporter of the

20 National Park System or National Park Service.

21 ‘‘(2) The authority provided in paragraph (1) shall

22 be subject to the following conditions:

23 ‘‘(A) The criteria and guidelines for the com24 petitive issuance and the maintenance of a license or

25 authorization, and the issuance of each license or
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1 authorization, shall be subject to the prior written

2 approval of the Secretary as being appropriate to the

3 image of the National Park System and consistent

4 with the management policies and practices of the

5 National Park Service, and such approval authority

6 may not be delegated.

7 ‘‘(B) Neither the Secretary of the Interior, the

8 Foundation, nor any other person may authorize an

9 individual, company, or particular good or service to

10 represent, promote, or advertise, and no person may

11 represent or imply, for commercial purposes or for

12 pecuniary gain that it is an official sponsor or offi13 cial supporter of any individual unit of the National

14 Park System.

15 ‘‘(C) The advertisements and promotional ac16 tivities undertaken by a licensee or authorized per17 son shall be appropriate to the image of the Na18 tional Park System and consistent with the manage19 ment policies and practices of the National Park

20 Service.

21 ‘‘(D) Neither the Secretary of the Interior, the

22 Foundation, nor any other person may authorize an

23 individual, company, or particular good or service to

24 represent that it is endorsed by the National Park

25 Service.
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1 ‘‘(E) Nothing in this Act shall in any way re2 strict or preclude the Statue of Liberty—Ellis Island

3 Foundation, Inc. (the ‘Statue of Liberty Founda4 tion’), so long as its activities are authorized by a

5 Memorandum of Agreement with the Secretary of

6 the Interior, from raising donations for the restora7 tion of the Statue of Liberty and Ellis Island by,

8 among other things, offering to any third parties ex9 clusive rights to any trademark, tradename, sign,

10 symbol, insignia, emblem, logo, likeness, or slogan

11 owned by the Statue of Liberty Foundation.

12 ‘‘(F) Activities of the Foundation undertaken

13 pursuant to this Act, including the licensing or au14 thorizing of official sponsors and official supporters

15 of the National Park System or National Park Serv16 ice by the Foundation, shall not preclude charitable

17 organizations or cooperating associations from con18 ducting fundraising activities or selling merchandise

19 to generate support for a unit or units of the Na20 tional Park System or the National Park Service, so

21 long as such activities do not convey a right to be

22 considered as an official sponsor or official supporter

23 of such unit or units as prohibited by subparagraph

24 (B) or of the National Park System or National

25 Park Service.
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1 ‘‘(c) No license or authorization referred to in sub2 section (b) shall grant any person any right or authority

3 to market, advertise, display, sell, or promote, any goods,

4 products or services in any unit of the National Park Sys5 tem or in any related facility operated outside the bound6 aries of any unit, or to advertise or promote that it is an

7 official sponsor or official supporter within the meaning

8 of subsection (b) in any such unit or related facility: Pro9 vided, That the Secretary of the Interior may authorize

10 limited recognition of official sponsors or official support11 ers within the meaning of subsection (b) in units of the

12 National Park System or any related facility operated out13 side the boundaries of any unit but only under such appro14 priate policies and procedures which ensure that status as

15 an official sponsor or official supporter within the meaning

16 of subsection (b) shall not be commercially exploited in

17 any manner within any such unit or related facility.’’;

18 (3) in section 4—

19 (A) by inserting ‘‘and section 8(b)’’ be20 tween ‘‘transfer’’ and the comma;

21 (B) by inserting ‘‘license,’’ between

22 ‘‘lease,’’ and ‘‘invest’’; and

23 (C) by striking ‘‘any business, nor shall the

24 Foundation’’ and inserting in lieu thereof

25 ‘‘business for pecuniary profit or gain, except
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1 for the purposes set forth in this Act; operate

2 any commercial establishment or enterprise

3 within any unit of the National Park System;

4 engage in any lobbying activities as defined in

5 section 3(7) of the Lobbying Disclosure Act of

6 1995 (2 U.S.C. 1602(7)) concerning the man7 agement of the National Park System; or’’;

8 (4) in section 8—

9 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 8.’’; and

10 (B) by inserting at the end:

11 ‘‘(b) All of the income in the Foundation, net of rea12 sonable operating expenses, any contributions to local gov13 ernment pursuant to subsection (a), and reserves deter14 mined necessary or appropriate by the Board, shall be pro15 vided to or for the benefit of the National Park Service:

16 Provided, That all such net income derived from the li17 censes and authorizations referred to in section 3(b) shall

18 be expended in accordance with policies and priorities of

19 the National Park Service on programs, projects, or activi20 ties that benefit the National Park System or National

21 Park Service as identified by the Secretary in consultation

22 with the Foundation.’’;

23 (5) in section 10—

24 (A) by inserting ‘‘(a)’’ after ‘‘SEC. 10.’’;

25 and
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1 (B) by inserting at the end:

2 ‘‘(b) Within 30 days of the execution of each license

3 or authorization referred to in section 3(b), the Founda4 tion shall transmit a copy thereof to the Committee on

5 Resources of the United States House of Representatives

6 and the Committee on Energy and Natural Resources of

7 the United States Senate.

8 ‘‘(c) No later than 5 years after the date of enact9 ment of this subsection, the Secretary of the Interior shall

10 submit to the Committee on Resources of the House of

11 Representatives and the Committee on Energy and Natu12 ral Resources of the United States Senate a report assess13 ing the cost, effectiveness, and effects of the licensing and

14 authorization program established pursuant to section

15 3(b). The report shall include, but not be limited to, as16 sessments of the effect of such program on—

17 ‘‘(1) visitation levels in the National Park Sys18 tem;

19 ‘‘(2) the image of the National Park System;

20 ‘‘(3) achievement of the needs and priorities of

21 the National Park Service;

22 ‘‘(4) appropriations for the National Park Sys23 tem; and
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1 ‘‘(5) the costs of the Foundation and the Sec2 retary of the Interior to administer the program.’’;

3 and

4 (6) at the end, by inserting:

5 ‘‘SEC. 11. Whoever, without the authorization of the

6 Foundation, uses for purposes of trade, to induce the sale

7 of any good or service, to promote any commercial activity,

8 or for other commercial purpose the name of the Founda9 tion or any trademark, tradename, sign, symbol, emblem,

10 insignia, logo, likeness, or slogan referred to in section

11 3(b)(1), or any facsimile or simulation thereof tending to

12 cause confusion, to cause mistake, to deceive, or to suggest

13 falsely that an individual, company, or particular good or

14 service is an official sponsor or official supporter of the

15 National Park System or National Park Service, shall be

16 subject to suit in a civil action by the Foundation for the

17 remedies provided in the Act of July 5, 1946, 60 Stat.

18 427 (15 U.S.C. 501 et seq.).

19 ‘‘SEC. 12. Section 1 of Public Law 88–504 (36

20 U.S.C. 1101), as amended, is further amended by adding

21 at the end ‘(78) The National Park Foundation’.’’.

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