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ations of the Bureau of Mines. The Director of the Bureau
of Mines shall cooperate with the Inspector General in ful-
filling this requirement, and shall provide him with such
personnel and accounting assistance as may be necessary
for that purpose. The financial statements shall be audited
by the General Accounting Office, and a report on such
audit shall be delivered by the General Accounting Office
to the Secretary of the Interior and Congress, not later
than June 30 following the end of the fiscal year for which
they are prepared. The audit shall be prepared in accord-
ance with generally accepted government auditing stand-
ards.
‘‘(2) The financial statements shall be comprised of
the following:
‘‘(A) A balance sheet reflecting the overall fi-
nancial position of the Helium Operations, including
assets and liabilities thereof;
‘‘(B) the Statement of Operations, reflecting
the fiscal period results of the Helium Operations;
‘‘(C) a statement cash flows or changes in fi-
nancial position of the Helium Operations; and
‘‘(D) a reconciliation of budget reports of the
Helium Operations.
‘‘(3) The Statement of Operations shall include but
not be limited to the revenues from, and costs of, sales
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of crude helium, the storage and transportation of crude
helium, the production, refining and marketing of refined
helium, and the maintenance and operation of helium stor-
age facilities at the Bureau of Mines Cliffside Field. The
term ‘revenues’ for this purpose shall exclude (A) royalties
paid to the United States for production of helium or other
extraction of resources, except to the extent that the He-
lium Operations incur direct costs in connection therewith,
and (B) proceeds from sales of assets other than inven-
tory. The term ‘expenses’ shall include, but not be limited
to (i) all labor costs of the Bureau of Mines Helium Oper-
ations, and of the Department of the Interior in connec-
tion therewith, and (ii) for financial reporting purposes
but not in connection with the determination of sales
prices in section 6(c), all current-period interest on out-
standing repayable amounts (as described in section 6(c))
calculated at the same rates as such interest was cal-
culated prior to the enactment of the Helium Privatization
Act of 1995.
‘‘(4) The balance sheet shall include, but not be lim-
ited to, on the asset side, the present discounted market
value of crude helium reserves; and on the liability side,
the accrued liability for principal and interest on debt to
the United States. For financial reporting purposes but
not in connection with the determination of sales prices
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in section 6(c), the balance sheet shall also include accrued
but unpaid interest on outstanding repayable amounts (as
described in section 6(c)) through the date of the report,
calculated at the same rates as such interest was cal-
culated prior to the enactment of the Helium Privatization
Act of 1995.’’.
SEC. 9018. LAND CONVEYANCE IN POTTER COUNTY, TEXAS.
(a) IN GENERAL.—The Secretary of the Interior shall
transfer all right, title, and interest of the United States
in and to the parcel of land described in subsection (b)
to the Texas Plains Girl Scout Council for consideration
of $1, reserving to the United States such easements as
may be necessary for pipeline rights-of-way.
(b) LAND DESCRIPTION.—The parcel of land re-
ferred to in subsection (a) is all those certain lots, tracts
or parcels of land lying and being situated in the County
of Potter and State of Texas, and being the East Three
Hundred Thirty-One (E331) acres out of Section Seventy-
eight (78) in Block Nine (9), B.S. & F. Survey, (some-
times known as the G. D. Landis pasture) Potter County,
Texas, located by certificate No. 1/39 and evidenced by
letters patents Nos. 411 and 412 issued by the State of
Texas under date of November 23, 1937, and of record
in Vol. 66A of the Patent Records of the State of Texas.
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The metes and bounds description of such lands is as fol-
lows:
(1) FIRST TRACT.—One Hundred Seventy-one
(171) acres of land known as the North part of the
East part of said survey Seventy-eight (78) afore-
said, described by metes and bounds as follows:
Beginning at a stone 20 x 12 x 3 inches
marked X, set by W. D. Twichell in 1905, for
the Northeast corner of this survey and the
Northwest corner of Section 59;
Thence, South 0 degrees 12 minutes East with
the West line of said Section 59, 999.4 varas to
the Northeast corner of the South 160 acres of
East half of Section 78;
Thence, North 89 degrees 47 minutes West
with the North line of the South 150 acres of
the East half, 956.8 varas to a point in the
East line of the West half Section 78;
Thence North 0 degrees 10 minutes West with
the East line of the West half 999.4 varas to
a stone 18 x 14 x 3 inches in the middle of the
South line of Section 79;
Thence South 89 degrees 47 minutes East 965
varas to the place of beginning.
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(2) SECOND TRACT.—One Hundred Sixty (160)
acres of land known as the South part of the East
part of said survey No. Seventy-eight (78) described
by metes and bounds as follows:
Beginning at the Southwest corner of Section
59, a stone marked X and a pile of stones;
Thence North 89 degrees 47 minutes West with
the North line of Section 77, 966.5 varas to the
Southeast corner of the West half of Section
78; Thence North 0 degrees 10 minutes West
with the East line of the West half of Section
78;
Thence South 89 degrees 47 minutes East
965.8 varas to a point in the East line of Sec-
tion 78;
Thence South 0 degrees 12 minutes East 934.6
varas to the place of beginning.
Containing an area of 331 acres, more or less.
Subtitle B—Water and Power
PART 1—POWER MARKETING ADMINISTRATIONS
SEC. 9201. SHORT TITLE.
This part may be cited as the ‘‘Power Administration
Act’’.
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SEC. 9202. EVALUATION OF SALES OF SOUTHEASTERN,
SOUTHWESTERN, 
AND 
WESTERN 
AREA
POWER ADMINISTRATION FACILITIES.
(a) REPEALS.—The following provisions are repealed:
(1) Section 505 of Public Law 102–377, the
Fiscal Year 1993 Energy and Water Development
Appropriations Act.
(2) Section 208 of Public Law 99–349, the Ur-
gent Supplemental Appropriations Act, 1986.
(3) Section 510 of Public Law 101–514, the
Fiscal Year 1991 Energy and Water Development
appropriations Act.
(b) EVALUATION OF ISSUES.—(1) The Secretary of
Energy, the Secretary of the Interior, and the Secretary
of the Army shall enter into arrangements with an experi-
enced private sector firm to serve as advisor to the Sec-
retaries with respect to the sale of the facilities used to
generate and transmit the electric power marketed by the
Southeastern Power Administration, the Southwestern
Power Administration and the Western Area Power Ad-
ministration, including all transmission and related struc-
tures, equipment, facilities and all real, tangible and intan-
gible property (including rights-of-way) which are used in
connection with, and necessary for, the operation of such
power generation and transmission facilities.
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(2) Prior to December 31, 1996, the advisor shall
provide to the Secretaries and the Congress a report iden-
tifying all recipients of water and power from such facili-
ties, all relevant contracts, debt obligations, equity inter-
ests, and other binding agreements which apply to the fa-
cilities concerned and to the sale of electric power from
such facilities, all assets tangible or intangible, all applica-
ble requirements relating to environmental mitigation, In-
dian trust responsibilities, land ownership or use rights
relevant to the proposed transfers which could terminate
based on a transfer out of Federal ownership, and naviga-
tional requirements which affect the operation of such fa-
cilities.
(3) In conducting the evaluation, the Secretaries and
the advisor should also recognize that many of the dams
and reservoirs associated with the generation of electric
power marketed by the Power Marketing Administrations
are first and foremost water supply, flood control, or navi-
gation projects. In general, power generation is incidental
to these primary purposes. In addition, there are also sec-
ondary purposes such as recreation and environmental val-
ues which are served by these facilities as well as the
power production. The evaluation should assume that such
facilities will continue to be operated in a manner consist-
ent with their current, primary purposes and the evalua-
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tion directed by this section shall not assume any changes
in the other current operational objectives of the facilities.
(4) Such evaluation shall also include an evaluation
of the tax consequences, and the revenue impacts of such
consequences for the United States, of possible arrange-
ments for the sale of generation and transmission facilities
to potential transferees identified by the advisor. The re-
port shall also investigate alternative groupings of such
generation and transmission facilities for purposes of sale
in order to determine which groupings would be most de-
sirable for purposes of effectuating such sales. Proposed
transfers should be structured by watershed or by project
unless the advisor can provide satisfactory information to
the Secretaries that another alternative should be used.
Asset groupings shall specifically be designed to avoid the
sale of the most valuable assets while the Federal govern-
ment would be forced to retain the less valuable assets.
SEC. 9203. BONNEVILLE POWER ADMINISTRATION APPRO-
PRIATIONS REFINANCING.
(a) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Bonneville Power Administration.
(2) The term ‘‘capital investment’’ means a
capitalized cost funded by Federal appropriations
that—
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(A) is for a project, facility, or separable
unit or feature of a project or facility;
(B) is a cost for which the Administrator
is required by law to establish rates to repay to
the United States Treasury through the sale of
electric power, transmission, or other services;
(C) excludes a Federal irrigation invest-
ment; and
(D) excludes an investment financed by the
current revenues of the Administrator or by
bonds issued and sold, or authorized to be is-
sued and sold, by the Administrator under sec-
tion 13 of the Federal Columbia River Trans-
mission System Act (16 U.S.C. 838(k)).
(3) The term ‘‘new capital investment’’ means
a capital investment for a project, facility, or sepa-
rable unit or feature of a project or facility, placed
in service after September 30, 1995.
(4) The term ‘‘old capital investment’’ means a
capital investment whose capitalized cost—
(A) was incurred, but not repaid, before
October 1, 1995; and
(B) was for a project, facility, or separable
unit or feature of a project or facility, placed in
service before October 1, 1995.
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(5) The term ‘‘repayment date’’ means the end
of the period within which the Administrator’s rates
are to assure the repayment of the principal amount
of a capital investment.
(6) The term ‘‘Treasury rate’’ means—
(A) for an old capital investment, a rate
determined by the Secretary of the Treasury,
taking into consideration prevailing market
yields, during the month preceding October 1,
1995, on outstanding interest-bearing obliga-
tions of the United States with periods to matu-
rity comparable to the period between October
1, 1995, and the repayment date for the old
capital investment; and
(B) for a new capital investment, a rate
determined by the Secretary of the Treasury,
taking into consideration prevailing market
yields, during the month preceding the begin-
ning of the fiscal year in which the related
project, facility, or separable unit or feature is
placed in service, on outstanding interest-bear-
ing obligations of the United States with peri-
ods to maturity comparable to the period be-
tween the beginning of the fiscal year and the
repayment date for the new capital investment.
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(b) NEW PRINCIPAL AMOUNTS.—(1) Effective Octo-
ber 1, 1995, an old capital investment shall have a new
principal amount that is the sum of—
(A) the present value of the old payment
amounts for the old capital investment, calculated
using a discount rate equal to the Treasury rate for
the old capital investment; and
(B) an amount equal to $100,000,000 multi-
plied by a fraction whose numerator is the principal
amount of the old payment amounts for the old cap-
ital investment and whose denominator is the sum of
the principal amounts of the old payment amounts
for all old capital investments.
(2) With the approval of the Secretary of the Treas-
ury based solely on consistency with this Act, the Adminis-
trator shall determine the new principal amounts under
paragraph (1) and the assignment of interest rates to the
new principal amounts under subsection (c).
(3) For the purposes of this section, ‘‘old payment
amounts’’ means, for an old capital investment, the annual
interest and principal that the Administrator would have
paid to the United States Treasury from October 1, 1995,
if this section were not enacted, assuming that—
(A) the principal were repaid—
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(i) on the repayment date the Adminis-
trator assigned before October 1, 1993, to the
old capital investment, or
(ii) with respect to an old capital invest-
ment for which the Administrator has not as-
signed a repayment date before October 1,
1993, on a repayment date the Administrator
shall assign to the old capital investment in ac-
cordance with paragraph 10(d)(1) of the ver-
sion of Department of Energy Order RA
6120.2 in effect on October 1, 1993; and
(B) interest were paid—
(i) at the interest rate the Administrator
assigned before October 1, 1993, to the old cap-
ital investment, or
(ii) with respect to an old capital invest-
ment for which the Administrator has not as-
signed an interest rate before October 1, 1993,
at a rate determined by the Secretary of the
Treasury, taking into consideration prevailing
market yields, during the month preceding the
beginning of the fiscal year in which the related
project, facility, or separable unit or feature is
placed in service, on outstanding interest-bear-
ing obligations of the United States with peri-
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ods to maturity comparable to the period be-
tween the beginning of the fiscal year and the
repayment date for the old capital investment.
(c) 
INTEREST
RATE
FOR
NEW
PRINCIPAL
AMOUNTS.—As of October 1, 1995, the unpaid balance
on the new principal amount established for an old capital
investment under subsection (b) shall bear interest annu-
ally at the Treasury rate for the old capital investment
until the earlier of the date that the new principal amount
is repaid or the repayment date for the new principal
amount.
(d) REPAYMENT DATES.—As of October 1, 1995, the
repayment date for the new principal amount established
for an old capital investment under subsection (b) shall
be no earlier than the repayment date for the old capital
investment assumed in subsection (b)(3)(A).
(e) PREPAYMENT LIMITATIONS.—During the period
October 1, 1995, through September 30, 2000, the total
new principal amounts of old capital investments, as es-
tablished under subsection (b), that the Administrator
may pay before their respective repayment dates shall not
exceed $100,000,000.
(f) INTEREST RATES FOR NEW CAPITAL INVEST-
MENTS
DURING
CONSTRUCTION.—(1) The principal
amount of a new capital investment includes interest in
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each fiscal year of construction of the related project, facil-
ity, or separable unit or feature at a rate equal to the
one-year rate for the fiscal year on the sum of—
(A) construction expenditures that were made
from the date construction commenced through the
end of the fiscal year, and
(B) accrued interest during construction.
(2) The Administrator shall not be required to pay,
during construction of the project, facility, or separable
unit or feature, the interest calculated, accrued, and cap-
italized under paragraph (1).
(3) For the purposes of this subsection, ‘‘one-year
rate’’ for a fiscal year means a rate determined by the
Secretary of the Treasury, taking into consideration pre-
vailing market yields, during the month preceding the be-
ginning of the fiscal year, on outstanding interest-bearing
obligations of the United States with periods to maturity
of approximately one year.
(g) INTEREST RATES FOR NEW CAPITAL INVEST-
MENTS.—The unpaid balance on the principal amount of
a new capital investment bears interest at the Treasury
rate for the new capital investment from the date the re-
lated project, facility, or separable unit or feature is placed
in service until the earlier of the date the new capital in-
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vestment is repaid or the repayment date for the new cap-
ital investment.
(h) CREDITS TO ADMINISTRATOR’S PAYMENTS TO
THE UNITED STATES TREASURY.—The Confederated
Tribe of the Colville Reservation Grand Coulee Dam Set-
tlement Act (Public Law 103–436) is amended by striking
section 6 and inserting the following:
‘‘SEC. 6. CREDITS TO ADMINISTRATOR’S PAYMENTS TO THE
UNITED STATES TREASURY.
‘‘(a) IN GENERAL.—So long as the Adminisatrator
makes annual payments to the tribes under the settlement
agreement, the Administrator shall apply against amounts
otherwise payable by the Administrator to the United
States Treasury a credit that reduces the Administrator’s
payment in the amount and for each fiscal year as follows:
$15,250,000 in fiscal year 1996; $15,860,000 in fiscal
year 1997; $16,490,000 in fiscal year 1998; $17,150,000
in fiscal year 1999; $17,840,000 in fiscal year 2000; and
$4,100,000 in each succeeding fiscal year.
‘‘(b) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) the term ‘settlement agreement’ means
that settlement agreement between the United
States of America and the Confederated Tribes of
the Colville Reservation signed by the Tribes on
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April 16, 1994, and by the United States of America
on April 21, 1994, which settlement agreement re-
solves claims of the Tribes in Docket 181–D of the
Indian Claims Commission, which docket has been
transferred to the United States Court of Federal
Claims; and
‘‘(2) the term ‘Tribes’ means the Confederated
Tribes of the Colville Reservation, a Federally recog-
nized Indian Tribe.’’.
(i) CONTRACT PROVISIONS.—In each contract of the
Administrator that provides for the Administrator to sell
electric power, transmission, or related services, and that
is in effect after September 30, 1995, the Administrator
shall offer to include, or as the case may be, shall offer
to amend to include, provisions specifying that after Sep-
tember 30, 1995—
(1) the Administrator shall establish rates and
charges on the basis that—
(A) the principal amount of an old capital
investment shall be no greater than the new
principal amount established under subsection
(b);
(B) the interest rate applicable to the un-
paid balance of the new principal amount of an
old capital investment shall be no greater than
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the interest rate established under subsection
(c);
(C) any payment of principal of an old
capital investment shall reduce the outstanding
principal balance of the old capital investment
in the amount of the payment at the time the
payment is tendered; and
(D) any payment of interest on the unpaid
balance of the new principal amount of an old
capital investment shall be a credit against the
appropriate interest account in the amount of
the payment at the time the payment is ten-
dered;
(2) apart from charges necessary to repay the
new principal amount of an old capital investment as
established under subsection (b), and to pay the in-
terest on the principal amount under subsection (c),
no amount may be charged for return to the United
States Treasury as repayment for or return on an
old capital investment, whether by way of rate, rent,
lease payment, assessment, user charge, or any other
fee;
(3) amounts provided under section 1304 of
title 31, United States Code, shall be available to
pay, and shall be the sole source for payment of, a
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judgment against or settlement by the Administrator
or the United States on a claim for a breach of the
contract provisions required by this Act; and
(4) the contract provisions specified in this Act
shall not—
(A) preclude the Administrator from recov-
ering, through rates or other means, any tax
that is generally imposed on electric utilities in
the United States, or
(B) affect the Administrator’s authority
under applicable law, including section 7(g) of
the Pacific Northwest Electric Power Planning
and Conservation Act (16 U.S.C. 839e(g)), to—
(i) allocate costs and benefits, includ-
ing but not limited to fish and wildlife
costs, to rates or resources, or
(ii) design rates.
(j) SAVINGS PROVISIONS.—(1) This section does not
affect the obligation of the Administrator to repay the
principal associated with each capital investment, and to
pay interest on the principal, only from the ‘‘Administra-
tor’s net proceeds,’’ as defined in section 13 of the Federal
Columbia River Transmission System Act (16 U.S.C.
838k(b)).
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(2) Except as provided in subsection (e) of this sec-
tion, this section does not affect the authority of the Ad-
ministrator to pay all or a portion of the principal amount
associated with a capital investment before the repayment
date for the principal amount.
(k) DOE STUDY.—(1) The Administrator shall un-
dertake a study to determine the effect that increases in
the rates for electric power sales made by the Adminis-
trator may have on the customer base of the Bonneville
Power Administration. Such study shall identify other
sources of electric power that may be available to cus-
tomers of the Bonneville Power Administration and shall
estimate the level at which higher rates for power sales
by the Administration may result in the loss of customers
by the Administration.
(2) The Administrator shall undertake a study to de-
termine the total prior costs incurred by the Bonneville
Power Administration for compliance with the provisions
of the Endangered Species Act of 1973 and the total fu-
ture costs anticipated to be incurred by the Administration
for compliance with such provisions.
(3) The Administrator shall submit the results of the
studies undertaken under this section to the Congress
within 180 days after the date of the enactment of this
Act.
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PART 2—RECLAMATION
SEC. 9211. PREPAYMENT OF CERTAIN REPAYMENT CON-
TRACTS BETWEEN THE UNITED STATES AND
THE CENTRAL UTAH WATER CONSERVANCY
DISTRICT.
The second sentence of section 210 of the Central
Utah Project Completion Act (106 Stat. 4624) is amended
to read as follows: ‘‘The Secretary of the Interior shall
allow for prepayment of the repayment contract between
the United States and the Central Utah Water Conser-
vancy District dated December 28, 1965, and supple-
mented on November 26, 1985, providing for repayment
of the municipal and industrial water delivery facilities for
which repayment is provided pursuant to such contract,
under such terms and conditions as the Secretary deems
appropriate to protect the interest of the United States,
which shall be similar to the terms and conditions con-
tained in the supplemental contract that provided for the
prepayment of the Jordan Aqueduct dated October 28,
1993. The District shall exercise its right to prepayment
pursuant to this section by the end of fiscal year 2002.’’.
SEC. 9212. TREATMENT OF CITY OF FOLSOM AS A CENTRAL
VALLEY PROJECT CONTRACTOR.
For the purposes of being considered eligible to be
a transferee of Central Valley Project water to be used
for municipal and industrial purposes, the city of Folsom,
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California, shall be treated as a Central Valley Project
contractor as of November 1, 1990.
SEC. 9213. SLY PARK.
(a) SHORT TITLE.—This section may be cited as the
‘‘Sly Park Unit Conveyance Act’’.
(b) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘El Dorado Irrigation District’’
or ‘‘District’’ means a political subdivision of the
State of California duly organized, existing, and act-
ing pursuant to the laws thereof with its principal
place of business in the city of Placerville, El Do-
rado County, California.
(2) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) The term ‘‘Sly Park Unit’’ means the Sly
Park Dam and Reservoir, Camp Creek Diversion
Dam and Tunnel and conduits and canals as author-
ized under the American River Act of October 14,
1949 (63 Stat. 852), together with all other facilities
owned by the United States including those used to
convey and store water delivered from Sly Park, as
well as all recreation facilities associated thereto.
(c) SALE OF THE SLY PARK UNIT.—
(1) IN GENERAL.—The Secretary shall, within
one year after the date of enactment of this Act, sell
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and convey to the El Dorado Irrigation District the
Sly Park Unit. Within such one-year period, the Sec-
retary shall also transfer and assign the water rights
relating to the Sly Park Unit held in trust by the
Secretary for diversion and storage under California
State permits numbered 2631, 5645A, 10473, and
10474 to the El Dorado Irrigation District.
(2) SALE PRICE.—The sale price shall not ex-
ceed—
(A) the construction costs ($30,926,230),
as included in the accounts of the Secretary,
plus
(B) interest on the construction costs allo-
cated to domestic use, at the authorized rate in-
cluded in enactment of the Act of October 14,
1949 (63 Stat. 852), up to an agreed upon
date, less
(C) all revenues to date as collected under
the terms of the contract between the United
States and the El Dorado Irrigation District,
estimated at $9,146,885.
(3) TERMS OF PAYMENT.—The Secretary shall
provide for a payment of the purchase price under
paragraph (2) on terms not to exceed 20 years. The
interest rate to be paid by the District shall be the
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authorized rate included in the Act of October 14,
1949 (63 Stat. 852). Section 213(c) of the Reclama-
tion Reform Act of 1982 (43 U.S.C. 390mm(c))
shall not apply to the purchase of the Sly Park Unit
under this section.
(4) CONVEYANCE.—Upon signing the agree-
ment to carry out the sale required by this section,
the Secretary shall convey and assign to the El Do-
rado Irrigation District all right, title, and interest
of the United States in and to the Sly Park Unit.
(5) NO
ADDITIONAL
ENVIRONMENTAL
IM-
PACT.—The Congress specifically finds that (A) the
sale, conveyance and assignment of the Sly Park
Unit and water rights under this section involves the
transfer of the ownership and operation of an exist-
ing ongoing water project, (B) the Sly Park Unit op-
eration, facilities and water rights have been, and
after the sale and transfer will continue to be, com-
mitted to maximum reasonable and beneficial use for
existing services, and (C) the sale, conveyance and
assignment of the Sly Park Unit and water rights
does not involve any additional growth or expansion
of the project or other environmental impacts. Con-
sequently, the sale, conveyance and assignment of
the Sly Park Unit and water rights shall not be sub-
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ject to environmental review pursuant to the Na-
tional Environmental Policy Act of 1969 (42 U.S.C.
4332) or endangered species review or consultation
pursuant to section 7 of the Endangered Species Act
of 1973 (16 U.S.C. 1536).
SEC. 9214. HETCH HETCHY DAM.
Section 7 of the Act of December 19, 1913 (38 Stat.
242), is amended—
(1) by striking ‘‘$30,000’’ in the first sentence
and inserting ‘‘$8,000,000’’, and
(2) by amending the second and third sentences
to read as follows: ‘‘These funds shall be placed in
a separate fund by the United States and, notwith-
standing any other provision of law, shall not be
available for obligation or expenditure until appro-
priated by the Congress. The highest priority use of
the funds shall be for annual operation of Yosemite
National Park, with the remainder of any funds to
be used to fund operations of other national parks
in the State of California.’’.
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Subtitle C—National Parks,
Forests, and Public Lands
PART 1—CONCESSION REFORM
SEC. 9301. SHORT TITLE.
This part may be cited as the ‘‘Visitor Facilities and
Services Enhancement Act of 1995’’.
SEC. 9302. PURPOSE.
The purpose of this part is to ensure that quality visi-
tor facilities and services are provided by the Federal land
management agencies (Forest Service, United States Fish
and Wildlife Service, National Park Service, Bureau of
Land Management, Bureau of Reclamation and United
States Army Corps of Engineers). Each Federal land
management agency shall implement a program to encour-
age appropriate development and operation of services and
facilities for the accommodation of visitors. The program
implemented by each such agency shall consist of actions
which—
(1) recognize the importance of the private sec-
tor in providing a quality visitor experience on Fed-
eral lands by encouraging private sector investments
for facilities and services on Federal lands under a
fair and competitive process;
(2) establish the basis for an effective relation-
ship between the land management agencies and pri-
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vate businesses operating on public lands and waters
in efforts to serve the public and to protect the re-
sources of these areas;
(3) measure quality and value of services pro-
vided by concessioners and provide incentives for
consistent excellence.
(4) ensure a fair return to the Federal Govern-
ment; and
(5) are consistent among the various agencies
to the extent practicable in order to increase effi-
ciency of the Federal Government and simplify re-
quirements for concessioners.
SEC. 9303. DEFINITIONS.
For the purposes of this part:
(1) The term ‘‘adjusted gross receipts’’ means
gross receipts less revenue derived from goods and
services provided on other than Federal lands or
conveyed to units of Government for hunting or fish-
ing licenses or for entrance or recreation fees, or
from such other exclusions as the Secretary con-
cerned might apply.
(2) The term ‘‘agency head’’ means the head of
an agency or his or her designated representative.
(3) The term ‘‘concessioner’’ means a person or
other entity acting under a concession authorization
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which provides public services, facilities, or activities
on Federal lands or waters pursuant to a concession
services agreement or concession license.
(4) The term ‘‘concession license’’ means a
written contract between the agency head and the
concessioner which sets forth the terms and condi-
tions under which the concessioner is authorized to
provide recreation services or activities on a limited
basis as well as the rights and obligations of the
Federal Government.
(5) The term ‘‘concession service agreement’’
means a written contract between the agency head
and the concessioner which sets forth the terms and
conditions under which the concessioner is author-
ized to provide visitor services, facilities, or activities
as well as the rights and obligations of the Federal
Government.
(6) The term ‘‘gross receipts’’ means revenue
from goods or services provided by concession serv-
ices, facilities, or activities on Federal lands and wa-
ters.
(7) The term ‘‘performance incentive’’ means a
credit based on past performance toward the score
awarded by the Secretary to a concessioner’s pro-
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posal submitted in response to a solicitation for the
reissuance of such contract.
(8) The term ‘‘proposal’’ means the complete
submission for a concession service agreement of-
fered in response to the solicitation for such conces-
sion service agreement.
(9) The term ‘‘prospectus’’ means a document
or documents issued by the Secretary concerned and
included with a solicitation which sets forth the min-
imum requirements for the award of a concession
service agreement.
(10) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of the Interior with re-
spect to the United States Fish and Wildlife
Service, National Park Service, Bureau of Land
Management, and Bureau of Reclamation;
(B) the Secretary of Agriculture with re-
spect to the Forest Service; and
(C) the Secretary of the Army with respect
to the United States Army Corps of Engineers.
(11) The term ‘‘solicitation’’ means a request
by the Secretary concerned for proposals in response
to a prospectus.
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SEC. 9304. NATURE AND TYPES OF CONCESSION AUTHOR-
IZATIONS.
(a) IN GENERAL.—The Secretary concerned may
enter into concession authorizations, as follows:
(1) CONCESSION
SERVICES
AGREEMENT.—A
concession service agreement shall be entered into
for all concessions where the Secretary concerned
makes a finding that the provision of concession
services is in the interest of the Federal Government
and issues either a competitive offering for conces-
sion services, facilities or activities or a noncompeti-
tive offering for such services, facilities, or activities
based on a finding that due to special circumstances
it is not in the public interest of the United States
to award a concession service agreement on a com-
petitive basis. Where the concessioner develops or
uses fixed facilities on Federal lands, the Secretary
concerned shall issue a lease.
(2) CONCESSION LICENSE.—Whenever the Sec-
retary concerned makes a finding that public enjoy-
ment of Federal lands would be enhanced through
the provision of concession services and that there
exists no need to limit the number of concessioners
providing such services, he shall consider entering
into a concession license with a qualified conces-
sioner. Activities covered under a concession license
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would typically be one-time, intermittent, or infre-
quently scheduled. The Secretary concerned may not
limit the number of concession licenses issued for
the same types of activities in a particular geo-
graphic area. The Secretary concerned shall monitor
such concession licenses to determine whether issu-
ance of a concession service agreement would be a
more appropriate authorization.
(3) 
LANDS
UNDER
MULTIPLE
JURISDIC-
TIONS.—The Secretaries of the Departments con-
cerned shall designate an agency to be the lead
agency concerning concessions which conduct a sin-
gle operation on lands or waters under the jurisdic-
tion of more than one agency. Unless otherwise
agreed to by each such Secretary concerned, the lead
agency shall be that agency under whose jurisdiction
the concessioner generates the greatest amount of
gross receipts. The agency so designated shall issue
a single authorization and collect a single fee under
paragraphs (1) and (2) for such operation. Such au-
thorization shall provide for use in a manner consist-
ent with the plans and policies for each agency.
(b) LEASES OF AREAS TO STATES AND STATE THIRD
PARTY AGREEMENT NOT COVERED.—This part does not
apply to leases or licenses of entire areas to States or other