I
107TH CONGRESS
1ST SESSION
H. R. 359
To authorize the Secretary of the Interior to set aside up to $2 per person
from park entrance fees or assess up to $2 per person visiting the
Grand Canyon National Park and certain other units of the National
Park System to secure bonds for capital improvements to these parks,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2001
Mr. KOLBE introduced the following bill; which was referred to the Committee
on Resources
A BILL
To authorize the Secretary of the Interior to set aside up
to $2 per person from park entrance fees or assess
up to $2 per person visiting the Grand Canyon National
Park and certain other units of the National Park Sys-
tem to secure bonds for capital improvements to these
parks, 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; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Parks Capital Improvements Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Fundraising organization.
Sec. 4. Memorandum of agreement.
Sec. 5. National park surcharge or set-aside.
Sec. 6. Use of bond proceeds.
Sec. 7. Administration.
SEC. 2. DEFINITIONS.
In this Act:
(1) FUNDRAISING
ORGANIZATION.—The term
‘‘fundraising organization’’ means an entity author-
ized to act as a fundraising organization under sec-
tion 3(a).
(2) MEMORANDUM OF AGREEMENT.—The term
‘‘memorandum of agreement’’ means a memo-
randum of agreement entered into by the Secretary
under section 3(a) that contains the terms specified
in section 4.
(3) NATIONAL PARK FOUNDATION.—The term
‘‘National Park Foundation’’ means the foundation
established under Public Law 90–209 (16 U.S.C.
19e et seq.).
(4) NATIONAL
PARK.—The term ‘‘national
park’’ means—
(A) the Grand Canyon National Park; and
(B) any other unit of the National Park
System designated by the Secretary that has an
approved general management plan with capital
needs in excess of $5,000,000.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 3. FUNDRAISING ORGANIZATION.
(a) IN GENERAL.—The Secretary may enter into a
memorandum of agreement under section 4 with an entity
to act as an authorized fundraising organization for the
benefit of a national park.
(b) BONDS.—The fundraising organization for a na-
tional park shall issue taxable bonds in return for the sur-
charge or set-aside for that national park collected under
section 5.
(c) PROFESSIONAL STANDARDS.—The fundraising
organization shall abide by all relevant professional stand-
ards regarding the issuance of securities and shall comply
with all applicable Federal and State law.
(d) AUDIT.—The fundraising organization shall be
subject to an audit by the Secretary.
(e) NO LIABILITY FOR BONDS.—
(1) IN GENERAL.—The United States shall not
be liable for the security of any bonds issued by the
fundraising organization.
(2) EXCEPTION.—If the surcharge or set-aside
described in section 5(a) for a national park is not
imposed for any reason, or if the surcharge or set-
aside is reduced or eliminated, the full faith and
credit of the United States is pledged to the pay-
ment of—
(A) the bonds issued by a fundraising or-
ganization under subsection (b) for that na-
tional park; and
(B) the interest accruing on the bonds.
SEC. 4. MEMORANDUM OF AGREEMENT.
The fundraising organization shall enter into a
memorandum of agreement that specifies—
(1) the amount of the bond issue;
(2) the maturity of the bonds, not to exceed 20
years;
(3) the per capita amount required to amortize
the bond issue, provide for the reasonable costs of
administration, and maintain a sufficient reserve
consistent with industry standards;
(4) the project or projects at the national park
that will be funded with the bond proceeds and the
specific responsibilities of the Secretary and the
fundraising organization with respect to each
project; and
(5) procedures for modifications of the agree-
ment with the consent of both parties based on
changes in circumstances, including modifications
relating to project priorities.
SEC. 5. NATIONAL PARK SURCHARGE OR SET-ASIDE.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary may authorize the super-
intendent of a national park for which a memorandum of
agreement is in effect—
(1) to charge and collect a surcharge in an
amount not to exceed $2 for each individual other-
wise subject to an entrance fee for admission to the
national park; or
(2) to set aside not more than $2 for each indi-
vidual charged the entrance fee.
(b) SURCHARGE
IN
ADDITION
TO
ENTRANCE
FEES.—A surcharge under subsection (a) shall be in addi-
tion to any entrance fee collected pursuant to—
(1) section 4 of the Land and Water Conserva-
tion Fund Act of 1965 (16 U.S.C. 460l–6a);
(2) the Recreational Fee Demonstration Pro-
gram authorized by section 315 of the Department
of the Interior and Related Agencies Appropriations
Act, 1996 (as contained in section 101(c) of Public
Law 104–134; 16 U.S.C. 460l–6a note); or