I
105TH CONGRESS
1ST SESSION
H. R. 433
To enhance the National Park System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 1997
Mr. RICHARDSON introduced the following bill; which was referred to the
Committee on Resources
A BILL
To enhance the National Park System, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Common Sense Na-
tional Park System Reform Act’’.
SEC. 2. DEFINITION.
For purposes of this Act, the term ‘‘Secretary’’
means the Secretary of the Interior.
TITLE I—NATIONAL PARK
SYSTEM PLAN
SEC. 101. PREPARATION OF NATIONAL PARK SYSTEM PLAN.
(a) PREPARATION OF PLAN.—The Secretary, acting
through the Director of the National Park Service, shall
prepare a National Park System Plan (hereafter in this
title referred to as the ‘‘plan’’) to guide the direction of
the National Park System into the next century. The plan
shall include each of the following:
(1) A statement of the goals and objectives for
use in defining the mission and role of the National
Park Service in preserving our Nation’s heritage rel-
ative to other efforts at the Federal, State, local,
and private levels. This statement shall include a re-
finement of the definition of ‘‘national significance’’
for purposes of including areas in the National Park
System.
(2) Detailed criteria to be used in determining
which themes and types of resources are appropriate
for representation in the National Park System, as
well as criteria for judging individual sites, areas,
and themes that are appropriate for inclusion as
units of the National Park System.
(3) Identification of what constitutes adequate
representation of a particular resource type or
theme.
(4) Identification of which aspects of the Na-
tion’s heritage are adequately represented in the ex-
isting National Park System or in other protected
areas.
(5) Identification of appropriate aspects of the
Nation’s heritage not currently represented, or not
adequately represented, in the National Park Sys-
tem.
(6) Priorities of the themes and types of re-
sources which should be added to the National Park
System in order to provide more complete represen-
tation of our Nation’s heritage.
(7) A statement of the role of the National
Park System and the National Park Service with re-
spect to (but not limited to) conservation of natural
areas and ecosystems; preservation of industrial
America; preservation of intangible cultural heritage
such as arts, music, and folklife; presidential sites;
open space protection; and provision of significant
outdoor recreation opportunities.
(8) A statement of what areas constitute units
of the National Park System and the distinction be-
tween units of the System, affiliated areas, and
other areas within the System.
(9) A comprehensive financial management plan
for the National Park System which identifies all
funding available to the agency, how funds will be
allocated to support various programs, and the oper-
ational objectives and quality of services attainable
at various funding levels.
(b) PUBLIC PARTICIPATION AND CONSULTATION.—
During the preparation of the plan under subsection (a),
the Secretary shall ensure broad public participation in a
manner which, at a minimum, consists of the following
two elements:
(1) Solicitation of the views of the American
public with regard to the future of the National
Park System. Opportunities for public participation
shall be made available throughout the planning
process and shall include specific regional public
meetings.
(2) Consultation with other Federal land man-
agement agencies, State and local officials, resource
management, recreation, citizens, and scholarly or-
ganizations, and other interested parties as the Sec-
retary deems advisable.
(c) TRANSMITTAL TO CONGRESS.—Prior to the end
of the second complete fiscal year commencing after the
date of enactment of this Act, the Secretary shall transmit
the plan developed under this section to the Committee
on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Sen-
ate.
(d) CONGRESSIONAL APPROVAL.—The plan shall be
deemed approved unless Congress enacts a joint resolution
disapproving the plan within 90 days from the date it is
transmitted to Congress. If the plan is rejected by Con-
gress, the Secretary shall resubmit the plan not later than
the date specified in the resolution.
(e) REVIEW OF SYSTEM.—Not later than one year
after the plan has been deemed approved, the Secretary
shall submit a report to Congress identifying which units
of the National Park System do not conform with the
plan. In developing these recommendations, the Secretary
shall—
(1) provide opportunities for public participa-
tion; and
(2) consult with other Federal land manage-
ment agencies, State and local officials, resource
management, recreation, citizens, and scholarly or-
ganizations, and other interested parties as the Sec-
retary deems advisable.
SEC. 102. COMMENDATION AND PROTECTION OF NATIONAL
PARK RANGERS.
(a) FINDING.—The Congress recognizes the dedica-
tion, expertise, and courage of the men and women who
serve as rangers and other employees of the National Park
Service and finds their service to the protection of our
park resources and the safety of the hundreds of millions
of Americans who visit our national parks each year to
be indispensable.
(b) PROTECTION OF NATIONAL PARK SERVICE EM-
PLOYEES.—As soon as possible, the Secretary shall report
on the procedures that have been instituted to report to
the United States attorneys or other appropriate law en-
forcement official any intimidation, threats, or acts of vio-
lence against employees of the National Park Service that
are related to their duties.
TITLE II—NEW AREA
ESTABLISHMENT
SEC. 201. STUDY OF NEW PARK SYSTEM AREAS.
Section 8 of the Act of August 18, 1970, entitled ‘‘An
Act to improve the administration of the national park
system by the Secretary of the Interior, and to clarify the
authorities applicable to the system, and for other pur-
poses’’ (16 U.S.C. 1a–1 and following) is amended as fol-
lows:
(1) By inserting ‘‘GENERAL AUTHORITY.—’’
after ‘‘(a)’’.
(2) By striking the second through the sixth
sentences of subsection (a).
(3) By redesignating the last sentence of sub-
section (a) as subsection (e) and inserting in such
sentence before the words ‘‘For the purposes of car-
rying’’ the following: ‘‘(e) AUTHORIZATION OF AP-
PROPRIATIONS.—’’.
(4) By striking subsection (b).
(5) By inserting the following after subsection
(a):
‘‘(b) STUDIES
OF AREAS
FOR POTENTIAL ADDI-
TION.—(1) At the beginning of each calendar year, along
with the annual budget submission, the Secretary shall
submit to the Committee on Resources of the House of
Representatives and to the Committee on Energy and
Natural Resources of the Senate a list of any areas rec-
ommended for study for potential inclusion in the National
Park System.
‘‘(2) In developing the list to be submitted under this
subsection, the Secretary shall give consideration to those
areas that have the greatest potential to meet the estab-
lished criteria of national significance, suitability, and fea-
sibility. The Secretary shall give special consideration to
themes, sites, and resources not already adequately rep-
resented in the National Park System as identified in the
National Park System Plan to be developed under section
101 of the Common Sense National Park System Reform
Act. No study of the potential of an area for inclusion
in the National Park System may be initiated after the
date of enactment of this section, except as provided by
specific authorization of an Act of Congress. Nothing in
this Act shall limit the authority of the National Park
Service to conduct preliminary resource assessments,
gather data on potential study areas, provide technical and
planning assistance, prepare or process nominations for
administrative designations, update previous studies, or
complete reconnaissance surveys of individual areas re-
quiring a total expenditure of less than $25,000. Nothing
in this section shall be construed to apply to or to affect
or alter the study of any river segment for potential addi-
tion to the national wild and scenic rivers system or to
apply to or to affect or alter the study of any trail for
potential addition to the national trails system.
‘‘(c) REPORT.—(1) The Secretary shall complete the
study for each area for potential inclusion in the National
Park System within three complete fiscal years following
the date of enactment of specific legislation providing for
the study of such area. Each study under this section shall
be prepared with appropriate opportunity for public in-
volvement, including at least one public meeting in the vi-
cinity of the area under study, and reasonable efforts to
notify potentially affected landowners and State and local
governments. In conducting the study, the Secretary shall
consider whether the area under study—
‘‘(A) possesses nationally significant natural,
cultural, or recreational resources, that represents
one of the most important examples of a particular
resource type in the country; and
‘‘(B) is a suitable and feasible addition to the
system.
‘‘(2) Each study shall consider the following factors
with regard to the area being studied:
‘‘(A) The rarity and integrity of the resources.
‘‘(B) The threats to those resources.
‘‘(C) Whether similar resources are already pro-
tected in the National Park System or in other Fed-
eral, State, or private ownership.
‘‘(D) The public use potential.
‘‘(E) Potential for outdoor recreational oppor-
tunity.
‘‘(F) The interpretive and educational potential.
‘‘(G) Costs associated with acquisition, develop-
ment, and operation.
‘‘(H) The socioeconomic impacts of any des-
ignation.
‘‘(I) The level of local and general public sup-
port.
‘‘(J) Whether the unit is of appropriate con-
figuration to ensure long-term resource protection
and visitor use.
‘‘(3) Each study shall also consider whether direct
National Park Service management or alternative protec-
tion by other agencies or the private sector is appropriate
for the area. Each study shall identify what alternative
or combination of alternatives would in the professional
judgment of the Director of the National Park Service,
be most effective and efficient in protecting significant re-
sources, and providing for public enjoyment.
‘‘(4) Each study shall be completed in compliance
with the National Environmental Policy Act of 1969.
‘‘(5) The Secretary may include in each new area
study any other information which he deems to be rel-
evant.
‘‘(6) The letter transmitting each completed study to
Congress shall contain a recommendation regarding the
Administration’s preferred management option for the
area.
‘‘(d) NEW AREA STUDY OFFICE.—The Secretary
shall establish a single office to be assigned to prepare
all new area studies and to implement other functions of
this section.
‘‘(e) LIST OF AREAS.—At the beginning of each cal-
endar year, along with the annual budget submission, the
Secretary shall submit to the Committee on Resources of
the House of Representatives and to the Committee on
Energy and Natural Resources of the Senate a list of
areas which have been previously studied which contain
cultural or historical resources and a list of areas which
have been previously studied which contain primarily natu-
ral resources in numerical order of priority for addition
to the National Park System. In developing the lists, the
Secretary should consider threats to resource values, cost
escalation factors, and other factors listed in subsection
(c) of this section. The Secretary should only include on
the lists areas for which the supporting data is current
and accurate.’’.
TITLE III—CONCESSIONS
REFORM
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘National Park Service
Concession Policy Reform Act of 1997’’.
SEC. 302. FINDINGS AND POLICY.
(a) FINDINGS.—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 admin-
ister areas of the National Park System in accordance
with the fundamental purpose of preserving 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 finds that the preservation and conservation of
park resources and values requires that such public ac-
commodations, facilities, and services as the Secretary de-
termines are necessary and appropriate in accordance with
this title—
(1) should be provided only under carefully con-
trolled safeguards against unregulated and indis-
criminate use so that visitation will not unduly im-
pair these values; and
(2) should be limited to locations and designs
consistent to the highest practicable degree with the
preservation and conservation of park resources and
values.
(b) POLICY.—It is the policy of the Congress that—
(1) development on Federal lands within a park
shall be limited to those facilities and services that
the Secretary determines are necessary and appro-
priate for public use and enjoyment of the park in
which such facilities and services are located;
(2) development of such facilities and services
within a park should be consistent to the highest
practicable degree with the preservation and con-
servation of the park’s resources and values;
(3) such facilities and services should be pro-
vided by private persons, corporations, or other enti-
ties, except when no private interest is qualified and
willing to provide such facilities and services;
(4) if the Secretary determines that develop-
ment should be provided within a park, such devel-
opment shall be designed, located, and operated in
a manner that is consistent with the purposes for
which such park was established;
(5) the right to provide such services and to de-
velop or utilize such facilities should be awarded to
the person, corporation, or entity submitting the
best proposal through a competitive selection proc-
ess; and
(6) such facilities or services should be provided
to the public at reasonable rates.
SEC. 303. DEFINITIONS.
As used in this title, the term—
(1) ‘‘concessioner’’ means a person, corporation,
or other entity to whom a concession contract has
been awarded;
(2) ‘‘concession contract’’ means a contract or
permit (but not a commercial use authorization is-
sued pursuant to section 306) to provide facilities or
services, or both, at a park;
(3) ‘‘facilities’’ means improvements to real
property within parks used to provide accommoda-
tions, facilities, or services to park visitors;
(4) ‘‘fund’’ means the Park Improvement Fund
established pursuant to section 309(b);
(5) ‘‘park’’ means a unit of the National Park
System;
(6) ‘‘disposal’’ means the complete proposal for
a concession contract offered by a potential or exist-
ing concessioner in response to the minimum re-
quirements for the contract established by the Sec-
retary; and
(7) ‘‘Secretary’’ means the Secretary of the In-
terior.
SEC. 304. 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), entitled
‘‘An Act relating to the establishment of concession poli-
cies administered in the areas administered by the Na-
tional Park Service and for other purposes’’, is hereby re-
pealed. The repeal of such Act shall not affect the validity
of any contract entered into under such Act, but the provi-
sions of this title shall apply to any such contract except
to the extent such provisions are inconsistent with the ex-
press terms and conditions of the contract.
(b) CONFORMING AMENDMENT.—The fourth sen-
tence of section 3 of the Act of August 25, 1916 (16
U.S.C. 3; 39 Stat. 535) is amended by striking all through
‘‘no natural’’ and inserting in lieu thereof, ‘‘No natural’’.
SEC. 305. CONCESSION POLICY.
Subject to the findings and policy stated in section
302, and upon a determination by the Secretary that fa-
cilities or services are necessary and appropriate for the
accommodation of visitors at a park, the Secretary shall,
consistent with the provisions of this title, laws relating
generally to the administration and management of units
of the National Park System, and the park’s general man-
agement plan, concession plan, and other applicable plans,
authorize private persons, corporations, or other entities
to provide and operate such facilities or services as the
Secretary deems necessary and appropriate.
SEC. 306. COMMERCIAL USE AUTHORIZATIONS.
(a) IN GENERAL.—To the extent specified in this sec-
tion, the Secretary, upon request, may authorize a private
person, corporation, or other entity to provide services to
park visitors otherwise than by award of a concession con-
tract or permit.
(b) CRITERIA FOR ISSUANCE OF AUTHORIZATION.—
(1) The authority of this section may be used only to au-
thorize provision of services to park visitors that the Sec-
retary determines will have minimal impact on park re-
sources and values and which are consistent with the pur-
poses for which the park was established and with all ap-
plicable management plans for such park.
(2) The Secretary—
(A) shall require payment of a reasonable fee
for issuance of an authorization under this section,
such fees to remain available without further appro-
priation to be used to recover the costs of managing
and administering this section;
(B) shall 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 re-
sources and values;
(C) shall take appropriate steps to limit the li-
ability of the United States arising from the provi-
sion of services under such an authorization; and
(D) shall 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 authoriza-
tion as the Secretary determines appropriate for the
protection of visitors, provision of adequate and ap-
propriate 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
revenues of not more than $25,000 resulting from
services originating and provided solely within a
park pursuant to such authorization; or
(2) the incidental use of park resources by com-
mercial operations which provide services originating
outside of the park’s boundaries: Provided, That
such authorization shall not provide for the con-
struction of any structure, fixture, or improvement
on Federal lands within the park.
(d) DURATION.—The term of any authorization is-
sued under this section shall not exceed two years.
(e) ELIGIBILITY FOR CONCESSION CONTRACTS.—A
person, corporation, or other entity seeking or obtaining
an authorization pursuant to this section shall not be pre-
cluded from also submitting proposals for concession con-
tracts.
SEC. 307. COMPETITIVE SELECTION PROCESS.
(a) IN GENERAL.—(1) Except as provided in sub-
section (b), and consistent with the provisions of sub-
section (g), any concession contract entered into pursuant
to this title shall be awarded to the person, corporation,
or other entity submitting the best proposal as determined
by the Secretary, through a competitive selection process,
as provided in this section.
(2) Within 180 days after the date of enactment of
this Act, the Secretary shall promulgate appropriate regu-
lations establishing such process. The regulations shall in-
clude provisions for establishing a method or procedure
for the resolution of disputes between the Secretary and
a concessioner in those instances where the Secretary has
been unable to meet conditions or requirements or provide
such services, if any, as set forth in a prospectus pursuant
to subsections (c)(2) (D) and (E).
(b) TEMPORARY CONTRACT.—Notwithstanding the
provisions of subsection (a), the Secretary may award a
temporary concession contract in order to avoid interrup-
tion of services to the public at a park except that prior
to making such a determination, the Secretary shall take
all reasonable and appropriate steps to consider alter-
natives to avoid such an interruption.
(c) PROSPECTUS.—(1) Prior to soliciting proposals
for a concession contract at a park, the Secretary shall
prepare a prospectus soliciting proposals, and shall publish
a notice of its availability at least once in local or national
newspapers or trade publications, as appropriate, and
shall make such prospectus available upon request to all
interested parties.
(2) The prospectus shall include, but need not be lim-
ited to, the following information—
(A) the minimum requirements for such con-
tract, as set forth in subsection (d);
(B) the terms and conditions of the existing
concession contract awarded for such park, if any,
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) minimum public services to be offered with-
in a park by the Secretary, including (but not lim-
ited to) interpretive programs, campsites, and visitor
centers; and
(F) such other information related to the pro-
posed concession operation as is provided to the Sec-
retary pursuant to a concession contract or is other-
wise available to the Secretary, as the Secretary de-
termines is necessary to allow for the submission of
competitive proposals.
(d) MINIMUM PROPOSAL REQUIREMENTS.—(1) No
proposal shall be considered which fails to meet the mini-
mum requirements as determined by the Secretary. Such
minimum requirements shall include, but need not be lim-
ited to—
(A) the minimum acceptable franchise fee;
(B) the duration of the contract;
(C) any facilities, services, or capital investment
required to be provided by the concessioner; and
(D) measures necessary to ensure the protec-
tion and preservation of park resources.
(2) The Secretary may reject any proposal, notwith-
standing the amount of franchise fee offered, if the Sec-
retary determines that the person, corporation, or entity
is not qualified, is likely to provide unsatisfactory service,
or that the proposal is not responsive to the objectives of
protecting and preserving park resources and of providing
necessary and appropriate facilities or services to the pub-
lic 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 se-
lection process pursuant to this section.
(e) SELECTION OF BEST PROPOSAL.—(1) In select-
ing the best proposal, the Secretary shall consider the fol-
lowing principal factors:
(A) The responsiveness of the proposal to the
objectives of protecting and preserving park re-
sources 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 per-
formance and expertise of such person, corporation,
or entity in providing the same or similar facilities
or services.
(C) The financial capability of the person, cor-
poration, 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 or services 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 businesses owned by Indians, Indian tribes,
or Native Alaskans in the operation of concession con-
tracts should be identified as a factor in the selection of
a best proposal under this section.
(f) CONGRESSIONAL NOTIFICATION.—(1) The Sec-
retary shall submit any proposed concession contract with
anticipated annual gross receipts in excess of $5,000,000
(indexed to 1997 constant dollars) or a duration of ten
or more years to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources
of the House of Representatives.
(2) The Secretary shall not award any such proposed
contract until at least 60 days subsequent to the notifica-
tion of both Committees.
(g) NO PREFERENTIAL RIGHT OF RENEWAL.—(1)
Except as provided in paragraph (2), the Secretary shall
not grant a preferential right to a concessioner to renew
a concession contract entered into pursuant to this title.
(2) The Secretary shall grant a preferential right of
renewal with respect to a concession contract covered by
subsections (h) and (i), subject to the requirements of sub-
sections (h) or (i), as appropriate.
(3) As used in this subsection, and subsections (h)
and (i), the term ‘‘preferential right of renewal’’ means
that the Secretary shall allow a concessioner satisfying the
requirements of this subsection (and subsections (h) and
(i), as appropriate) the opportunity to match the terms
and conditions of any competing proposal which the Sec-
retary determines to be the best proposal.
(4) A concessioner who exercises a preferential right
of renewal in accordance with the requirements of this
paragraph shall be entitled to award of the new concession
contract with respect to which such right is exercised.
(h) OUTFITTING AND GUIDE CONTRACTS.—(1) Ex-
cept as provided in subsection (i), the provisions of para-
graph (g)(2) shall apply only—
(A) to a concession contract—
(i) which solely authorizes a concessioner
to provide outfitting, guide, river running, or
other substantially similar services within a
park; and
(ii) which does not grant such concessioner
any interest in any structure, fixture, or im-
provement pursuant to section 312; and
(B) where the Secretary determines that the
concessioner has operated satisfactorily during the
term of the contract (including any extensions there-
of); and
(C) where the Secretary determines that the
concessioner has submitted a responsive proposal for
(2) The provisions of this subsection shall not apply
to a concession contract which solely authorizes a conces-
sioner to provide outfitting, guide, river running, or other
substantially similar services within a park pursuant to
subsection (h).
(3) Notwithstanding the limitations set forth in para-
graph (1)(A), the provisions of this subsection shall also
apply to any concession contract authorizing cruise ship
entries into Glacier Bay National Park.
(j) NO PREFERENTIAL RIGHT TO ADDITIONAL SERV-
ICES.—The Secretary shall not grant a preferential right
to a concessioner to provide new or additional services at
a park.
SEC. 308. FRANCHISE FEES.
(a) IN GENERAL.—Franchise fees, however, stated,
shall not be less than the minimum fee established by the
Secretary for each contract. The minimum fee shall be de-
termined in a manner that will provide the concessioner
with a reasonable opportunity to realize a profit on the
operation as a whole, commensurate with the capital in-
vested and the obligations assumed under the contract.
(b) MULTIPLE CONTRACTS WITHIN
A PARK.—If
multiple concession contracts are awarded to authorize
concessioners to provide the same or similar outfitting,
guide, river running, or other similar services at the same
approximate location or resource within a specific park,
the Secretary shall establish an identical franchise fee for
all such contracts, subject to periodic review and revision
by the Secretary. Such fee shall reflect fair market value.
SEC. 309. USE OF FRANCHISE FEES.
(a) SPECIAL ACCOUNT.—Except as provided in sub-
section (b), all receipts collected pursuant to this title shall
be covered into a special account established in the Treas-
ury of the United States. Amounts covered into such ac
count in a fiscal year shall be available for expenditure,
subject to appropriation, solely as follows:
(1) Fifty percent shall be allocated among the
units of the National Park System in the same pro-
portion as franchise fees collected from a specific
unit bears to the total amount covered into the ac-
count for each fiscal year, to be used for resource
management and protection, maintenance activities,
interpretation, and research.
(2) Fifty percent shall be allocated among the
units of the National Park System on the basis of
need, in a manner to be determined by the Sec-
retary, to be used for resource management and pro-
tection, maintenance activities, interpretation, and
research.
(b) PARK IMPROVEMENT FUND.—(1) In lieu of col-
lecting all or a portion of the franchise fees that would
otherwise be collected pursuant to the concession contract,
the Secretary shall, where the Secretary determines it to
be practicable, require a concessioner to establish a Park
Improvement Fund in which the concessioner shall deposit
the franchise fees that would otherwise be required by the
contract.
(2) The fund shall be maintained by the concessioner
in an interest bearing account in a federally-insured finan-
cial institution. The concessioner shall maintain the fund
separately from any other funds or accounts and shall not
comingle the monies in the fund with any other monies.
The Secretary may establish such other terms, conditions,
or requirements as the Secretary determines to be nec-
essary to ensure the financial integrity of such fund.
(3) Monies from the fund, including interest, shall be
expended by the concessioner solely as directed by the Sec-
retary for activities and projects within the park which
are consistent with the park’s general management plan,
concession plan, and other applicable plans, and which the
Secretary determines will enhance public use, safety, and
enjoyment of the park, including (but not limited to)
projects which directly or indirectly support concession fa-
cilities or services required by the concession contract.
Projects paid for from the fund shall not include routine,
operational maintenance of facilities. A concessioner shall
not be allowed to make any advances or credits to the
fund.
(4) A concessioner shall not be granted any interest
in improvements made from fund expenditures, including
any interest granted pursuant to section 312.
(5) Nothing in this subsection shall affect the obliga-
tion of a concessioner to insure, maintain, and repair any
structure, fixture, or improvement assigned to such con-
cessioner and to insure that such structure, fixture, or im-
provement fully complies with applicable safety and health
laws and regulations.
(6) The concessioner shall maintain proper records
for all expenditures made from the fund. Such records
shall include (but not be limited to) invoices, bank state-
ments, canceled checks, and such other information as the
Secretary determines to be necessary.
(7) The concessioner shall annually submit to the
Secretary a statement reflecting total activity in the fund
for the preceding financial year. The statement shall re-
flect monthly deposits, expenditures by project, interest
earned, and such other information as the Secretary re-
quires.
(8) Proceeds from the fund shall not be used for any
capital expenditure exceeding $2,500,000 in any fiscal
year unless such expenditure has been approved in ad-
vance by Act of Congress.
(9) The Secretary shall annually report to the Com-
mittees on Appropriations and Energy and Natural Re-
sources of the Senate and the Committees on Appropria-
tions and Resources of the House of Representatives con-
cerning the actual and projected expenditures for each
fund established pursuant to this section.
(10) Upon the termination of a concession contract,
or upon the sale or transfer of such contract, any remain-
ing balance in the fund shall be transferred by the conces-
sioner to the successor concessioner, to be used solely as
set forth in this subsection. In the event there is not a
successor concessioner, the fund balance shall be deposited
into the special account established in subsection (a).
SEC. 310. DURATION OF CONTRACT.
(a) MAXIMUM TERM.—A concession contract entered
into pursuant to this title shall be awarded for a term not
to exceed ten years: Provided, however, That the Secretary
may award a contract for a term not to exceed twenty
years if the Secretary determines that the contract terms
and conditions necessitate a longer term.
(b) TEMPORARY CONTRACT.—A temporary conces-
sion contract awarded on a non-competitive basis pursuant
to section 307(b) shall be for a term not to exceed two
years.
SEC. 311. TRANSFER OF CONTRACT.
(a) IN GENERAL.—(1) No concession contract may
be transferred, assigned, sold, or otherwise conveyed by
a concessioner without prior written notification to, and
approval of the Secretary.
(2) The Secretary shall not unreasonably withhold
approval of a transfer, assignment, sale, or conveyance of
a concession contract, but shall not approve the transfer,
assignment, sale, or conveyance of a concession contract
to any individual, corporation or other entity if the Sec-
retary determines that—
(A) such individual, corporation or entity is, or
is likely to be, unable to completely satisfy all of the
requirements, terms, and conditions of the contract;
(B) such transfer, assignment, sale or convey-
ance is not consistent with the objectives of protect-
ing and preserving park resources, and of providing
necessary and appropriate facilities or services to the
public at reasonable rates;
(C) such transfer, assignment, sale, or convey-
ance relates to a concession contract which does not
provide to the United States consideration commen-
surate with the probable value of the privileges
granted by the contract; or
(D) the terms of such transfer, assignment,
sale, or conveyance directly or indirectly attribute a
significant value to intangible assets or otherwise
may so reduce the opportunity for a reasonable prof-
it over the remaining term of the contract that the
United States may be required to make substantial
additional expenditures in order to avoid interrup-
tion of services to park visitors.
(b) CONGRESSIONAL
NOTIFICATION.—Within 30
days after receiving a completed proposal to transfer, as-
sign, sell, or otherwise convey a concession contract, the
Secretary shall notify the Committee on Energy and Natu-
ral Resources of the Senate and the Committee on Re-
sources of the House of Representatives of such proposal.
Approval of such proposal, if granted by the Secretary,
shall not take effect until 60 days after the date of notifi-
cation of both Committees.
SEC. 312. PROTECTION OF CONCESSIONER INVESTMENT.
(a) CURRENT CONTRACT.—(1) A concessioner who
before the date of the enactment of this Act has acquired
or constructed, or is required under an existing concession
contract to commence acquisition or construction of, any
(2)(A) If the Secretary determines during the com-
petitive selection process that all proposals submitted ei-
ther fail to meet the minimum requirements or are re-
jected (as provided in section 307), the Secretary may,
solely with respect to any outstanding possessory interest
associated with the contract and established pursuant to
a concession contract entered into prior to the date of en-
actment of this Act, suspend the reduction provisions of
subsection (b)(1)(B) for the duration of the contract, and
reinitiate the competitive selection process as provided in
section 307.
(B) The Secretary may suspend such reduction provi-
sions only if the Secretary determines that the establish-
ment of other new minimum contract requirements is not
likely to result in the submission of satisfactory proposals,
and that the suspension of the reduction provisions is like-
ly to result in the submission of satisfactory proposals:
Provided, however, That nothing in this paragraph shall
be construed to require the Secretary to establish a mini-
mum franchise fee at a level below the franchise fee in
effect for such contract on the day before the expiration
date of the previous contract.
(c) NEW STRUCTURES.—(1) On or after the date of
enactment of this Act, a concessioner who constructs or
acquires a new, additional, or replacement structure, fix-
ture, or improvement upon land owned by the United
States within a park, pursuant to a concession contract,
shall have an interest in such structure, fixture, or im-
provement equivalent to the actual original cost of acquir-
ing or constructing such structure, fixture, or improve-
ment, less straight line depreciation over the estimated
useful life of the asset according to Generally Accepted
Accounting Principles: Provided, That in no event shall
the estimated useful life of such asset exceed the deprecia-
tion period used for such asset for Federal income tax
purposes.
(2) In the event that the contract expires or is termi-
nated prior to the recovery of such costs, the concessioner
shall be entitled to receive from the United States or the
successor concessioner payment equal to the value of the
concessioner’s interest in such structure, fixture, or im-
provement. A successor concessioner may not revalue the
interest in such structure, fixture, or improvement, the
method of depreciation, or the estimated useful life of the
asset.
(3) Title to any such structure, fixture, or improve-
ment shall be vested in the United States.
(d) INSURANCE, MAINTENANCE
AND
REPAIR.—
Nothing in this section shall affect the obligation of a con-
cessioner to insure, maintain, and repair any structure,
fixture, or improvement assigned to such concessioner and
to insure that such structure, fixture, or improvement
fully complies with applicable safety and health laws and
regulations.
SEC. 313. RATES AND CHARGES TO PUBLIC.
The reasonableness of a concessioner’s rates and
charges to the public shall, unless otherwise provided in
the bid specifications and contract, be judged primarily
by comparison with those rates and charges for facilities
and services of comparable character under similar condi-
tions, with due consideration for length of season, seasonal
variance, average percentage of occupancy, accessibility,
availability and costs of labor and materials, type of pa-
tronage, and other factors deemed significant by the
Secretary.
SEC. 314. CONCESSIONER PERFORMANCE EVALUATION.
(a) REGULATIONS.—Within 180 days after the date
of enactment of this Act, the Secretary shall publish, after
an appropriate period for public comment, regulations es-
tablishing standards and criteria for evaluating the per-
formance of concessions operating within parks.
(b) PERIODIC EVALUATION.—(1) The Secretary shall
periodically conduct an evaluation of each concessioner op-
erating under a concession contract pursuant to this title,
as appropriate, to determine whether such concessioner
has performed satisfactorily. In evaluating a conces-
sioner’s performance, the Secretary shall seek and con-
sider applicable reports and comments from appropriate
Federal, State, and local regulatory agencies, and shall
seek and consider the applicable views of park visitors and
concession customers. If the Secretary’s performance eval-
uation results in an unsatisfactory rating of the conces-
sioner’s overall operation, the Secretary shall provide the
concessioner with a list of the minimum requirements nec-
essary for the operation to be rated satisfactory, and shall
so notify the concessioner in writing.
(2) The Secretary may terminate a concession con-
tract if the concessioner fails to meet the minimum oper-
ational requirements identified by the Secretary within the
time limitations established by the Secretary at the time
notice of the unsatisfactory rating is provided to the con-
cessioner.
(3) If the Secretary terminates a concession contract
pursuant to this section, the Secretary shall solicit propos-
als for a new contract consistent with the provisions of
this title.
(c) CONGRESSIONAL NOTIFICATION.—The Secretary
shall notify the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Resources
of the House of Representatives of each unsatisfactory
rating and of each concession contract terminated pursu-
ant to this section.
SEC. 315. RECORDKEEPING REQUIREMENTS.
(a) IN GENERAL.—Each concessioner shall keep such
records as the Secretary may prescribe to enable the Sec-
retary to determine that all terms of the concessioner’s
contract have been and are being faithfully performed, and
the Secretary or any of the Secretary’s duly authorized
representatives shall, for the purpose of audit and exam-
ination, have access to such records and to other books,
documents and papers of the concessioner pertinent to the
contract and all the terms and conditions thereof as the
Secretary deems necessary.
(b) GENERAL ACCOUNTING OFFICE REVIEW.—The
Comptroller General of the United States or any of his
or her duly authorized representatives shall, until the expi-
ration of five calendar years after the close of the business
year for each concessioner, have access to and the right
to examine any pertinent books, documents, papers, and
records of the concessioner related to the contracts or con-
tracts involved.
SEC. 316. EXEMPTION FROM CERTAIN LEASE REQUIRE-
MENTS.
The provisions of section 321 of the Act of June 30,
1932 (47 Stat. 412; 40 U.S.C. 303b), relating to the leas-
ing of buildings and properties of the United States, shall
not apply to contracts awarded by the Secretary pursuant
to this title.
SEC. 317. NO EFFECT ON ANILCA PROVISIONS.
Nothing in this title shall be construed to amend, su-
persede, or otherwise affect any provision of the Alaska
National Interest Lands Conservation Act (16 U.S.C.
3101 et seq.).
SEC. 318. IMPLEMENTATION REPORTS.
Beginning on June 1, 1997, and biennially thereafter,
the Inspector General of the Department of the Interior
shall submit a report to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives on the imple-
mentation of this title and the effect of such implementa-
tion on facilities operated pursuant to concession contracts
and on visitor services. Each report shall—
(1) identify any concession contracts which have
been renewed, renegotiated, terminated, or trans-
ferred during the year prior to the submission of the
report and identify any significant changes in the
terms of the new contract;
(2) state the amount of franchise fees the rates
which would be charged for services, and the level of
other services required to be provided by the conces-
sioner in comparison to that required in the previous
contract;
(3) assess the degree to which concession facili-
ties are being maintained using the condition of such
facilities on the date of enactment of this Act as a
baseline;
(4) determine whether competition has been in-
creased or decreased with respect to the awarding of
each contract; and
(5) set forth the amount of revenues received
and financial obligations incurred or reduced by the
Federal Government as a result of the comparison of
this Act for the reporting period and in comparison
with previous reporting periods and the baseline year
of 1997, including the costs, if any, associated with
the acquisition of possessory interests.
SEC. 319. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out this title.
TITLE IV—RECREATION FEES
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘National Park Service
Entrepreneurial Management Reform Act of 1997’’.
SEC. 402. FEES.
(a) ADMISSION FEES.—Section 4(a) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
4 and following) is amended as follows:
(1) In the first sentence of paragraph (1)(A)(i),
by striking ‘‘$25’’ and inserting ‘‘$40’’.
(2) By amending the second sentence of para-
graph (1)(A)(i) to read as follows: ‘‘The permittee
and the accompanying spouse, children, and parents
of the permittee shall be entitled to general admis-
sion into any area designated pursuant to this sec-
tion.’’.
(3) By modifying the margin of clause (ii) of
paragraph (1)(A) to align with the margin of clause
(i).
(4) By inserting at the end of clause (ii) of
paragraph (1)(A) the following: ‘‘Such receipts shall
be made available, subject to appropriation, for au-
thorized resource protection, rehabilitation, and con-
servation projects as provided for by subsection (i),
including projects to be carried out by the Public
Land Corps or any other conservation corps pursu-
ant to the Youth Conservation Corps Act of 1970
(16 U.S.C. 1701 and following), or other related
programs or authorities, on lands administered by
the Secretary of the Interior and the Secretary of
Agriculture.’’.
(5) In paragraph (1)(B), by striking ‘‘$15’’ and
inserting ‘‘$25’’ and by adding at the end the follow-
ing new sentence: ‘‘Any amount by which the fee for
such an annual permit exceeds $15 shall be credited
to the appropriation account of the unit of the Na-
tional Park System that collected the fee, shall be
available to the unit without further appropriation,
and shall remain available until expended.’’.
(6) In paragraph (2), by inserting ‘‘(A)’’ after
‘‘(2)’’, by striking the fifth and sixth sentences, by
amending the fourth sentence to read as follows:
‘‘The fee for a single-visit permit at any designated
area shall be not more than $6 per person for per-
sons entering by any means, except that the fee shall
not exceed $20 for all persons entering a designated
area in a single noncommercial vehicle.’’, and by
adding at the end the following new subparagraph:
‘‘(B) The Secretary shall establish a pilot
project at Yosemite National Park that utilizes in-
centives, including waiving or reducing admission
fees, to encourage use of public transit which serves
the purpose of reducing vehicular traffic within Yo-
semite National Park.’’.
(7) In paragraph (3), by striking the last sen-
tence.
(8) In paragraph (4), by striking ‘‘No other
free permits shall be issued to any person’’ and in-
serting ‘‘No other free permits shall be issued to any
person, except as otherwise provided by this sub-
section’’.
(9) In paragraph (4), by amending the second
sentence to read as follows: ‘‘Such permit shall be
nontransferable, shall be issued for a one-time
charge of $10, and shall entitle the permittee and
the accompanying spouse of the permittee to general
admission into any area designated pursuant to this
subsection.’’.
(10) In paragraph (6) by striking ‘‘on Interior
and Insular Affairs’’ and inserting ‘‘on Resources’’.
(11) In paragraph (9), by striking ‘‘San Juan
National Historic Site, and Canaveral National Sea-
shore’’ and inserting ‘‘and San Juan National His-
toric Site’’ and by adding the following at the end
thereof: ‘‘The Secretary of the Interior shall submit
a report to the Congress within 6 months after the
enactment of this sentence respecting the areas at
which the Secretary determines admission fees would
be appropriate but at which such fees are prohibited
by law and respecting each area at which such fees
are authorized but not being collected (including an
explanation of the reasons that such fees are not
being collected).’’.
(12) By amending paragraph (11) to read as
follows:
‘‘(11) In the case of Yellowstone and Grand
Teton National Parks, a single-visit fee collected at
one unit shall also admit the person who paid such
fee for a single visit to the other unit.’’.
(b) PENALTY.—Section 4(e) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–4 and
following) is amended by striking ‘‘$100’’ and inserting
‘‘$1,000’’.
(c) TECHNICAL AMENDMENT.—Section 4(g) of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–4 and following) is amended by striking ‘‘or
charges for commercial or other activities not related to
recreation’’.
(d) USE OF FEES.—Section 4(i) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
4 and following) is amended as follows:
(1) By inserting ‘‘USE OF FEES.—’’ after ‘‘(i)’’.
(2) In the first sentence of paragraph (1)(B),
by striking ‘‘fee collection costs for that fiscal year’’
and inserting ‘‘fee collection costs for the imme-
diately preceding fiscal year’’ and by striking ‘‘sec-
tion in that fiscal year’’ and inserting ‘‘section in
such immediately preceding fiscal year’’.
(3) In the second sentence of paragraph (1)(B),
by striking ‘‘in that fiscal year’’.
(4) In paragraph (1), by adding at the end the
following new subparagraph:
‘‘(C) Notwithstanding subparagraph (A) and not-
withstanding any other provision of law, for fiscal years
after fiscal year 1997, the amount by which the receipts
collected pursuant to this section by the National Park
Service (except for the portion of fee receipts withheld as
provided in subparagraph (B) for fee collection costs) ex-
ceeds the receipts collected pursuant to this section by the
National Park Service in fiscal year 1995 shall be covered
into a special fund established in the Treasury of the Unit-
ed States to be known as the ‘National Park Renewal
Fund’. Amounts in such fund shall be available to the Sec-
retary of the Interior, without further appropriation, for
resource protection, research, interpretation, and mainte-
nance activities related to resource protection and visitor
enjoyment in areas managed by the National Park Service
and shall be allocated among national park system units
in accordance with subsection (j). Such amounts shall re-
main available until expended. The Secretary shall develop
procedures for the use of amounts in the fund that ensure
accountability and demonstrated results consistent with
the purposes of this title. Beginning after the first full
fiscal year following enactment of this subparagraph, the
Secretary shall submit an annual report to Congress, on
a unit-by-unit basis, detailing the fees receipts collected
pursuant to this section and the expenditures of such re-
ceipts.’’.
(e) TIME OF REIMBURSEMENT.—Section 4(k) of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–4 and following) is amended by striking the
last sentence.
(f) FEES FOR SPECIAL USES.—Section 4 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–4 and following) is amended by adding the following
new subsection at the end:
‘‘(o) FEES FOR SPECIAL USES.—The Secretary of
the Interior shall establish reasonable fees for nonrec-
reational uses of national park system units that require
special arrangements, including permits. The fees shall be
set at such level as the Secretary deems necessary to in-
sure that the United States will receive fair market value
for the use of the area concerned and shall, at a minimum,
cover all costs of providing necessary services associated
with such special uses, except that the Secretary may, in
his discretion, waive or reduce such fees in the case of
any nonprofit organization or any organization using an
area within the national park system for educational or
park-related purposes. Notwithstanding any other provi-
sion of law, the Secretary shall retain so much of the reve-
nue from such fees as is equal to fee collection costs and
the costs of providing the necessary services associated
with such special uses. Such retained amounts shall be
credited to the appropriation account for the national park
system unit concerned and shall remain available until ex-
pended, beginning in the fiscal year in which the amounts
are so credited.’’.
(g) ADMISSION OR RECREATION USE FEES.—Section
4 of the Land and Water Conservation Fund Act of 1965