I
104TH CONGRESS
1ST SESSION
H. R. 773
To reform the concession policies of the National Park Service, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 1995
Mrs. MEYERS (for herself, Mr. PORTMAN, Mr. SCHIFF, Mr. MCHUGH, Mr.
ROHRABACHER, Ms. MOLINARI, Ms. DANNER, Mr. ACKERMAN, Ms.
ESHOO, Mr. OLVER, Mr. VISCLOSKY, Mr. MANTON, Mr. JOHNSTON, Mr.
WELDON of Pennsylvania, Mr. ZIMMER, Mr. SAWYER, Mr. YATES, Mr.
BRYANT, Mr. VENTO, Mr. BARRETT of Wisconsin, Mrs. KELLY, Mr. DIN-
GELL, Mr. BROWN of Ohio, and Mr. PORTER) introduced the following
bill; which was referred to the Committee on Resources
A BILL
To reform the concession policies of the National Park
Service, 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 ‘‘National Park Service
Concession Policy Reform Act of 1995’’.
SEC. 2. 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–
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(2) The Secretary may also consider such secondary
factors as the Secretary deems appropriate.
(3) In developing regulations to implement this Act,
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 1995 constant dollars) or a duration of ten
or more years to the Committee on Energy and Natural
Resources of the United States Senate and the Committee
on Resources of the United States House of Representa-
tives.
(2) The Secretary shall not award any such proposed
contract until at least sixty days subsequent to the notifi-
cation 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 Act.
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(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
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(ii) which does not grant such concessioner
any interest in any structure, fixture, or im-
provement pursuant to section 12; 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
a new contract which satisfies the minimum require-
ments established by the Secretary pursuant to sec-
tion 7.
(2) With respect to a concession contract (or exten-
sion thereof) covered by this subsection which is in effect
on the date of enactment of this Act, the provisions of
this paragraph shall apply if the holder of such contract,
under the laws and policies in effect on the day before
the date of enactment of this Act, would have been entitled
to a preferential right to renew such contract upon its ex-
piration.
(i) CONTRACTS WITH ANNUAL GROSS RECEIPTS
UNDER $500,000.—(1) The provisions of paragraph
(g)(2) shall also apply to a concession contract—
(A) which the Secretary estimates will result in
annual gross receipts of less than $500,000;
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(B) where the Secretary has determined that
the concessioner has operated satisfactorily during
the term of the contract (including any extensions
thereof); and
(C) that the concessioner has submitted a re-
sponsive proposal for a new concession contract
which satisfies the minimum requirements estab-
lished by the Secretary pursuant to section 7.
(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. 8. 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-
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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. 9. USE OF FRANCHISE FEES.
(a) SPECIAL ACCOUNT.—Except as provided in sub-
section (b), all receipts collected pursuant to this Act 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
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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
co-mingle 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.