I 
109TH CONGRESS 
2D SESSION 
H. R. 5802 
To amend the National Park Service Concessions Management Improvement 
Act of 1998, to extend to additional small businesses the preferential 
right to renew a concessions contract entered into under such Act, 
to facilitate the renewal of a commercial use authorization granted under 
such Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2006 
Mr. PEARCE introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To amend the National Park Service Concessions Manage-
ment Improvement Act of 1998, to extend to additional 
small businesses the preferential right to renew a conces-
sions contract entered into under such Act, to facilitate 
the renewal of a commercial use authorization granted 
under such Act, 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 ‘‘NPS Concessions Re-
form Act of 2006’’. 
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SEC. 2. ANNUAL GROSS RECEIPTS. 
Section 403(8) of the National Park Service Conces-
sions Management Improvement Act of 1998 (16 U.S.C. 
5952(8)) is amended— 
(1) by amending subparagraph (A)(ii) to read 
as follows: 
‘‘(ii) Subject to subparagraph (C), 
concessions contracts with anticipated an-
nual gross receipts under $1,500,000, such 
amount to be adjusted annually to reflect 
changes in the Consumer Price Index. An 
incumbent concessions contract holder with 
another concessions contract with annual 
gross receipts of $1,500,000 or more, not 
including an outfitting and guide conces-
sion contract, is not eligible for the right 
authorized by paragraph (7).’’; and 
(2) in subparagraph (C), by striking ‘‘500,000’’ 
and inserting ‘‘$1,500,000, such amount to be ad-
justed annually to reflect changes in the Consumer 
Price Index’’. 
SEC. 3. DEBRIEFING. 
Section 403(5) of the Act (16 U.S.C. 5952(5)) is 
amended by adding at the end the following: 
‘‘(D) DEBRIEFING.—The Secretary shall 
provide to any person, corporation, and other 
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entity that submitted a proposal and who was 
not awarded a proposed concessions contract a 
debriefing as to why they were not selected as 
submitting the best proposal for that conces-
sions contract. Such debriefing must be re-
quested and must be made within 90 days of 
the award of the concessions contract. The Sec-
retary shall not be required to disclose any pro-
prietary information of the person, corporation, 
or other entity that was selected as submitting 
the best proposal and awarded the concessions 
contract.’’. 
SEC. 4. LEASEHOLD SURRENDER INTEREST AND SOURCE 
OF FUNDS. 
(a) IN GENERAL.—Section 405(a) of the National 
Park Service Concessions Management Improvement Act 
of 1998 (16 U.S.C. 5954(a)) is amended— 
(1) in paragraph (2)(A), by inserting after 
‘‘pursuant to this title’’ the following: ‘‘and may be 
pledged as security for other National Park Service 
contracts using a combination of leasehold surrender 
interests if holding one or more contracts with the 
National Park Service, and the proceeds resulting 
from such pledged security shall not be restricted for 
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use in the park or parks for which the leasehold sur-
render interest was pledged’’; and 
(2) by adding at the end the following: 
‘‘(6) In the event of a dispute between the con-
cessioner and the Secretary regarding leasehold sur-
render interest valuations, leasehold surrender inter-
est allocations, or the amount of physical deprecia-
tion, the matter shall be resolved through binding 
arbitration.’’. 
(b) TRANSITION TO SUCCESSOR CONCESSIONER.— 
Section 405(c) of the Act (16 U.S.C. 5954(c)) is amended 
by inserting at the end of the last sentence the following: 
‘‘The Secretary shall advise the successor concessioner of 
the established value of the leasehold surrender interest 
for each facility and the established amount of physical 
depreciation of each facility before the successor conces-
sioner pays the prior concessioner for its possessory inter-
est or its leasehold surrender interest.’’. 
(c) DEFINITIONS.—Section 405(e) of the Act (16 
U.S.C. 5954(e)) is amended— 
(1) in paragraph (2)— 
(A) by inserting ‘‘or other fixed physical 
improvements’’ after ‘‘nonremovable equip-
ment’’; and 
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(B) by adding at the end the following: ‘‘A 
capital improvement shall also include a compo-
nent, replacement, modification, alteration, or 
other improvement of another capital improve-
ment.’’; and 
(2) by adding at the end the following: 
‘‘(3) 
CONSTRUCT, 
CONSTRUCTION, 
CON-
STRUCTS.—The term ‘construct’, ‘construction’, or 
‘constructs’ means to build, make, erect, assemble, 
or affix. 
‘‘(4) COST.—The term ‘cost’ means all amounts 
paid by the concessioner with respect to a capital 
improvement so long as such cost is capitalized in 
the concessioner’s financial statements using consist-
ently applied generally accepted accounting prin-
ciples.’’. 
SEC. 5. COMMERCIAL USE AUTHORIZATION. 
Section 418 of the National Park Service Concessions 
Management Improvement Act of 1998 (16 U.S.C. 5966) 
is amended— 
(1) in subparagraph (b)(2)(D), by adding at the 
end the following: ‘‘No action to limit the number of 
authorizations may occur until the Secretary con-
ducts a visitor use capacity study that demonstrates 
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that limits are necessary for the preservation and 
proper management of park resources and values.’’; 
(2) in paragraph (c)(3), by adding after ‘‘au-
thorized use.’’ the following: ‘‘Such uses shall be 
subject to limitations and fees comparable to those 
that may be imposed on other authorization holders 
for the same or similar activities.’’; 
(3) by amending subsection (e), to read as fol-
lows: 
‘‘(e) DURATION.—The term of any authorization, not 
subject to limited numbers pursuant to (b)(2)(D), shall 
not exceed 5 years. Where it is determined that only lim-
ited numbers of authorizations shall be issued, the term 
of such authorizations shall not exceed 5 years. Such au-
thorizations shall be issued to those applicants that have— 
‘‘(1) demonstrated the capability to provide 
quality visitor services; and 
‘‘(2) experience with the resources and values in 
the park unit for which the authorization is issued.’’; 
and 
(4) by adding at the end the following: 
‘‘(g) COST RECOVERY.—The Secretary shall not seek 
to recover costs from applicants or authorized holders re-
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lated to capacity studies and recreation activities and mon-
itoring not associated with authorizations.’’. 
Æ 
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