301
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-
302
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.’’.
303
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-
304
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
305
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-
306
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.
307
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
308
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
309
political subdivisions or to any third party agreement is-
sued by any such State or political subdivisions with re-
spect to such entire area.
SEC. 9305. COMPETITIVE SELECTION PROCESS FOR CON-
CESSION SERVICE AGREEMENTS.
(a) AWARD
TO BEST PROPOSAL.—The Secretary
shall enter into, and reissue, a concession service agree-
ment with the person whom the Secretary determines in
accordance with this section submits the best proposal
through a competitive process as defined in this section.
(b) SOLICITATION
AND
PROSPECTUS.—The Sec-
retary concerned shall prepare a solicitation and prospec-
tus which describes the concession service opportunity and
shall publish, in appropriate locations, announcements of
the availability of the solicitation, prospectus, and the con-
cession service opportunity. The solicitation shall include
(but need not be limited to) the following:
(1) A description of the services and facilities to
be provided by the concessioner.
(2) The level of capital investment required by
the concessioner (if any).
(3) Terms and conditions of the concession
service agreement.
310
(4) Minimum facilities and services to be pro-
vided by the Secretary to the concessioner and the
public.
(5) Minimum fees to the United States.
(c) FACTORS AND MINIMUM STANDARDS IN DETER-
MINING BEST PROPOSAL.—The prospectus shall assign a
weight to each factor indentified therein related to the im-
portance of such factor in the selection process. Points
shall be awarded for each such factor, based on the rel-
ative strength of the proposal concerning that factor. In
determining the best proposal, the Secretary concerned
shall take into consideration (but shall not be limited to)
the following, including whether the proposal meets the
minimum requirements (if any) of the Secretary for each
of the following:
(1) Responsiveness to the prospectus.
(2) Quality of visitor services taking into ac-
count the nature of equipment and facilities to be
provided.
(3) Experience and performance in providing
similar services. This factor shall account for not
less than 20 percent of the maximum points avail-
able under any prospectus. Where the Secretary con-
cerned determines it to be warranted to provide for
a high quality visitor experience, the prospectus for
311
a concession service agreement shall provide greater
weight to this factor based on such aspects of the
concession service agreement as scope or size, com-
plexity, nature of technical skills required, and site-
specific knowledge of the area. The similarity of the
qualifying experience outlined in the proposal to the
nature of the services required under the concession
service agreement and the length of such qualifying
experience shall be the basis for awarding points for
this factor.
(4) Record of resource protection (as appro-
priate for services and activities with potential to im-
pact natural or cultural resources).
(5) Financial capability.
(6) Fees to the United States.
(d) SELECTION PROCESS.—The process for selecting
the best proposal shall consist of the following:
(1) First, the Secretary concerned shall identify
those proposals which meet the minimum standards
(if any) for the factors identified under subsection
(c).
(2) Second, the Secretary concerned shall evalu-
ate all proposals identified under paragraph (1),
considering all factors identified under subsection
(c), as well as performance incentives earned under
312
section 9306(c) and renewal penalties incurred
under section 9306(d).
(3) Third, the Secretary concerned shall offer
the concession service agreement to the best quali-
fied applicant as determined by the evaluation under
paragraph (2).
(e) INAPPLICABILITY OF NEPA TO TEMPORARY EX-
TENSIONS AND SIMILAR REISSUANCE OF CONCESSIONS
AGREEMENTS.—The temporary extension of a concession
authorization, or reissuance of a concession authorization
to provide concession services similar in nature and
amount to concession services provided under the previous
authorization, is hereby determined to be a categorical ex-
clusion as provided for under the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(f) PROVISION
FOR ADDITIONAL RELATED SERV-
ICES.—The Secretary concerned may modify the conces-
sion service agreement to allow concessioners to provide
services closely related to such agreement, if the Secretary
concerned determines that such changes would enhance
the safety or enjoyment of visitors and would not unduly
restrict the award of future concession service agreements.
SEC. 9306. CONCESSIONER EVALUATIONS.
(a) IN GENERAL.—The Secretary concerned shall de-
velop a program of evaluations of the concessioners oper-
313
ating under a concession service agreement who are pro-
viding visitor services in areas under the jurisdiction of
the Secretary. The evaluations shall be on an annual basis
over the duration of the concession service agreement. In
developing the evaluation program, the Secretary con-
cerned shall seek broad public input from concessioners,
State agencies, and other interested persons. The evalua-
tion program shall—
(1) include the four program areas of: quality
of visitor services provided; resource protection (as
applicable); financial performance; and compliance
with concession service agreement provisions and
pertinent laws and regulations;
(2) define three levels of performance—
(A) good, which shall be defined as a level
of performance which exceeds the requirements
outlined in the prospectus, but which is attain-
able;
(B) satisfactory, which shall be defined as
meeting the requirements as contained in the
prospectus; and
(C) unsatisfactory, which shall be defined
as not meeting the requirements contained in
the prospectus;
(3) be based on criteria which—
314
(A) are objective, measurable, and attain-
able; and
(B) shall include as applicable general
standards for all concession operations, indus-
try-specific standards, and standards developed
by the Secretary concerned in consultation with
the concessioner for each concession service
agreement;
(4) be designed in such a manner that the an-
nual evaluation represents the overall performance of
the concessioner without undue weight to matters of
limited importance; and
(5) take into account factors beyond the control
of the concessioner, such as general market and
other economic fluctuations, as well as weather and
other natural phenomena, so that such factors may
not be used as a justification for denial of perform-
ance incentives.
(b) ANNUAL EVALUATIONS.—
(1) REQUIREMENTS.—The Secretary concerned
shall at least semiannually review the performance of
each concessioner and shall assign an overall rating
for each concessioner for each year. The procedure
for any performance evaluation shall be provided to
the concessioner prior to the beginning of any eval-
315
uation period. Such procedure shall provide for ade-
quate notification of the concessioner prior to any
on-site evaluation and permit a representative of the
concessioner to observe the evaluation. The conces-
sioner shall be entitled to a complete explanation of
any rating given. If the Secretary’s performance
evaluation for any year results in an unsatisfactory
rating of the concessioner, the Secretary concerned
shall so notify the concessioner, in writing. Such no-
tification shall identify the nature of conditions
which require corrective action and shall provide the
concessioner with a list of corrective actions nec-
essary to meet the standards.
(2) SUSPENSION, REVOCATION, AND
TERMI-
NATION
OF
AUTHORIZATION.—The Secretary con-
cerned may suspend, revoke, or terminate a conces-
sion authorization if the concessioner fails to correct
the conditions identified by the Secretary within the
limitations established by the Secretary at the time
notice of the unsatisfactory rating is provided to the
concessioner. The Secretary may immediately sus-
pend or revoke a concession authorization where nec-
essary to protect the public health or welfare.
(c) PERFORMANCE INCENTIVES.—
316
(1) In evaluating the performance of a conces-
sioner, the incumbent concessioner is entitled to a
performance incentive of—
(A) one percent of the maximum points
available under such evaluations for perform-
ance in each year in which the concessioner’s
annual performance is rated good, as specified
in subsection (a)(2)(A), and
(B) a one-time three year merit term ex-
tension upon a finding that a concessioner has
been rated as good in each annual performance
evaluation through the term of the concession
service agreement.
(2) A performance incentive awarded under
paragraph (1)(A) may not exceed 10 percent of the
maximum points available under such evaluations
over the life of the concession service agreement.
(d) RENEWAL PENALTY.—In evaluating the perform-
ance of a concessioner, a concessioner shall be penalized
one percent of the maximum points available under such
evaluation for performance in each year in which the con-
cessioner’s annual performance is found to be unsatisfac-
tory.
319
(d) CLOSURE
OF CONCESSIONER FACILITIES.—In
the event of a decision by the Secretary concerned, that
the public interest, by reason of public and safety consid-
erations or for other reasons beyond the control of the con-
cessioner, requires the discontinuation or closure of facili-
ties in which the concessioner has an investment interest,
the Secretary shall compensate the concessioner in the
amount equal to the value of the investment interest.
(e) DETERMINATION OF VALUE OF INVESTMENT IN-
TEREST.—For purposes of this part, the investment inter-
est of any capital improvement at the end of the conces-
sion service agreement period is the actual cost of con-
struction of such capital improvement adjusted from the
completion of such construction by changes in the
Consumer Price Index (selected in the same manner as
such Index is selected under section 9311(c)(2)) less de-
preciation evidenced by the condition and prospective serv-
iceability in comparison with a new unit of like kind, but
not to exceed fair market value. Such value shall be deter-
mined by appraisal and included in any prospectus.
SEC. 9308. DURATION OF CONCESSION AUTHORIZATION.
(a) CONCESSION SERVICE AGREEMENT.—The stand-
ard term of a concession service agreement shall be ten
years. The Secretary concerned may issue a concession
service agreement for less than ten years if he determines
320
(in his discretion) that the average annual gross receipts
over the life of the concession service agreement would be
less than $100,000. The Secretary concerned may not
issue a concession service agreement for less than five
years. The Secretary concerned shall issue a concession
service agreement for longer than ten years if the Sec-
retary determines (in his discretion) that such longer term
is in the public interest or necessary due to the extent
of investment and associated financing requirements and
to meet the obligations assumed. The term for a conces-
sion service agreement may not exceed 30 years.
(b) CONCESSION LICENSE.—The term for a conces-
sion license may not exceed two years.
(c) TEMPORARY EXTENSION.—The Secretary may
agree to temporary extensions of concession service agree-
ments for up to two years on a noncompetitive basis to
avoid interruption of services to the public.
SEC. 9309. RATES AND CHARGES TO THE PUBLIC.
In general, rates and charges to the public shall be
set by the concessioner. For concession service agreements
only, a concessioner’s rates and charges to the public shall
be subject to the approval of the Secretary concerned in
those instances where the Secretary determines that suffi-
cient competition for such facilities and services does not
exist within or in close proximity to the area in which the
321
concessioner operates. In those instances, the concession
service agreement shall state that the reasonableness of
the concessioner’s rates and charges to the public shall
be reviewed and approved by the Secretary concerned pri-
marily by comparison with those rates and charges for fa-
cilities and services of comparable character under similar
conditions, with due consideration for length of season,
seasonal variations, average percentage of occupancy, ac-
cessibility, availability and costs of labor and materials,
type of patronage, and other factors deemed significant
by the Secretary concerned. Such review shall be com-
pleted within 90 days of receipt of all necessary informa-
tion, or the requirement for the Secretary’s approval shall
be waived and such rates and charges as proposed by the
concessioner considered to be approved for immediate use.
SEC. 9310. TRANSFERABILITY OF CONCESSION AUTHORIZA-
TIONS.
(a) CONCESSION SERVICE AGREEMENTS.—
(1) APPROVAL REQUIRED.—A concession serv-
ice agreement is transferable or assignable only upon
the approval of the Secretary concerned, which ap-
proval may not be unreasonably withheld or delayed.
The Secretary may not approve any such transfer or
assignment if the Secretary determines that the pro-
spective concessioner is or is likely to be unable to
322
completely satisfy all of the material requirements,
terms, and conditions of the agreement or that the
terms of the transfer or assignment would preclude
providing appropriate facilities or services to the
public at reasonable rates.
(2) CONSIDERATION PERIOD.—If the Secretary
fails to approve or disapprove a transfer or assign-
ment under paragraph (1) within 90 days after the
date on which the Secretary receives all necessary
information requested by the Secretary with respect
to such transfer, the transfer or assignment shall be
deemed approved.
(3) NO MODIFICATION OF TERMS AND CONDI-
TIONS.—The terms and conditions of the concessions
service agreement shall not be subject to modifica-
tion by reason of any transfer or assignment under
this section.
(4) PERFORMANCE INCENTIVE.—Upon approval
of the sale or transfer, the prospective concessioner
shall be entitled to the benefit of performance incen-
tives earned by the previous concessioner.
(b) CONCESSION LICENSE.—A concession license
may not be transferred.
323
SEC. 9311. FEES CHARGED BY THE UNITED STATES FOR
CONCESSION AUTHORIZATIONS.
(a) IN GENERAL.—The Secretary concerned shall
charge a fee for the privilege of providing concession serv-
ices pursuant to this part. The fee for any concession serv-
ice agreement may include any of the following:
(1) An annual cash payment for the privilege of
providing concession services.
(2) The amount required for capital improve-
ments required pursuant to section 9307(a).
(3) Fees for rental or lease of Government-
owned facilities or lands occupied by the conces-
sioner.
(4) Expenditures for maintenance of or im-
provements to Government-owned facilities occupied
by the concessioner.
(b) ESTABLISHMENT OF AMOUNT.—
(1) MINIMUM
ACCEPTABLE
FEE.—The Sec-
retary concerned shall establish a minimum fee for
each applicable category specified in paragraphs (1)
through (4) of subsection (a) which is acceptable to
the Secretary under this section and shall include
the minimum fee in the prospectus under section
9305. This fee shall be based on historical data,
where available, as well as industry-specific and
324
other market data available to the Secretary con-
cerned.
(2) FINAL FEE.—Except as provided by para-
graph (3), the final fee shall be the amount bid by
the selected applicant under section 9305.
(3) SUBSTANTIALLY
SIMILAR
SERVICES
IN
A
SPECIFIC GEOGRAPHIC AREA.—Where the Secretary
concerned simultaneously offers authorizations for
more than one river runner, outfitter, or guide con-
cession operation to provide substantially similar
services in a defined geographic area, the concession
fee for all such concessioners shall be specified by
the Secretary concerned in the prospectus. The Sec-
retary concerned shall base the fee on historical
data, where available, as well as on industry-specific
and other market data available to the Secretary
concerned or may establish a charge per user day.
(c) ADJUSTMENT OF FEES.—
(1) IN GENERAL.—The amount of any fee for
the term of the concession service agreement shall be
set at the beginning of the concession authorization
and may only be modified on the basis of inflation,
if the annual payment is not determined by a per-
centage of adjusted gross receipts (as measured by
changes in the Consumer Price Index), to reflect
325
substantial changes from the conditions specified in
the prospectus, or in the event of an unforeseen dis-
aster.
(2) CPI.—For the purposes of adjustments for
inflation under paragraph (1), the Federal agencies
shall select a Consumer Price Index published by the
Bureau of Labor Statistics and shall use such index
in a consistent manner.
(d) CONCESSION LICENSE FEE.—The fee for a con-
cession license shall at least cover the program administra-
tive costs and may not be changed over the term of the
license.
SEC. 9312. DISPOSITION OF FEES.
(a) CONCESSION IMPROVEMENT ACCOUNT.—
(1) IN
GENERAL.—The Secretary concerned
shall, whenever the concession service agreement re-
quires or authorizes the concessioner to make capital
improvements or occupy Government-owned facili-
ties, require the concessioner to establish a conces-
sion improvement account. The concessioner shall
deposit into this account—
(A) all funds for capital improvements as
specified in the concession service agreement;
326
(B) all funds for maintenance of or im-
provements to Government-owned facilities oc-
cupied by the concessioner; and
(C) all amounts received from the Sec-
retary concerned pursuant to subsection (b).
(2) TERMS
AND
CONDITIONS.—The account
shall be maintained by the concessioner in an inter-
est bearing account in a Federally insured financial
institution. The concessioner shall maintain the ac-
count separately from any other funds or accounts
and shall not commingle the monies in the account
with any other moneys. The Secretary concerned
may establish such other terms, conditions, or re-
quirements as the Secretary determines to be nec-
essary to ensure the financial integrity of the ac-
count.
(3) DISBURSEMENTS.—The concessioner shall
make disbursements from the account for improve-
ments and other activities, only as specified in the
concession 
service 
agreement 
and 
subsection
(b)(2)(C).
(4) RECORDS.—The concessioner shall maintain
proper records for all disbursements made from the
account. Such records shall include (but not be lim-
ited to) invoices, bank statements, canceled checks,
327
and such other information as the Secretary con-
cerned determines to be necessary.
(5) ANNUAL
FINANCIAL
STATEMENT.—The
concessioner shall annually submit to the Secretary
concerned a statement reflecting total activity in the
account for the preceding financial year. The state-
ment shall reflect monthly deposits, expenditures by
project, interest earned, and such other information
as the Secretary concerned requires.
(6) TRANSFER
OF
REMAINING
BALANCE.—
Upon the termination of a concession authorization,
or upon the transfer of a concession service agree-
ment, any remaining balance in the account shall be
transferred by the concessioner to the successor con-
cessioner, to be used solely as set forth in this sub-
section. In the event there is no successor conces-
sioner, the account balance shall be deposited in the
Treasury as miscellaneous receipts.
(b) AMOUNTS RECEIVED RELATING TO PRIVILEGE
OF PROVIDING CONCESSION SERVICES AND RENTAL OF
GOVERNMENT-OWNED FACILITIES.—
(1) DEPOSIT INTO TREASURY.—The Secretary
concerned shall deposit into the Treasury of the
United States as miscellaneous receipts amounts re-
ceived for a fiscal year for the privilege of providing
328
concession services and the rental of Government-
owned facilities up to the amount specified in the
table in paragraph (3) for the National Park Service
for that fiscal year. For the other agencies covered
under this part, the Secretary concerned shall de-
velop a schedule of anticipated receipts to be depos-
ited to the Treasury and submit such schedule to the
appropriate Congressional committees within 18
months of the date of enactment of this Act. Noth-
ing in this part shall be construed to modify any
provision of law relating to sharing of Federal re-
ceipts with any other level of Government.
(2) DEPOSIT INTO CONCESSION IMPROVEMENT
ACCOUNTS.—(A) Amounts received by the Secretary
concerned for a fiscal year for the privilege of pro-
viding concession services and the use of Govern-
ment-owned facilities which exceed the amount speci-
fied in the table in paragraph (3) for that fiscal year
shall be available for deposit in the succeeding fiscal
year into concession improvement accounts.
(B) Of the amounts available for deposit into
concession improvement accounts, the Secretary
shall make available to each concessioner a percent-
age of such excess amounts which bears the same
ratio as the amount paid by the concessioner to the
329
Secretary concerned for a fiscal year for the privi-
lege of providing concession services and the use of
Government-owned facilities bears to the total
amount paid to the Secretary concerned by all con-
cessioners for that fiscal year for such privilege on
an agency-wide basis.
(C) Amounts made available to a concessioner
under this paragraph may be used only for expendi-
tures on visitor services and facilities at the area at
which the funds were generated.
(3) DEPOSIT INTO CONCESSION IMPROVEMENT
ACCOUNTS.—The table referred to in paragraph (2),
expressed by fiscal year on an agency basis, is as fol-
lows:
National Park Service
Fiscal year:
Amount:
1997 ...................................................................
$15,800,000
1998 ...................................................................
$21,100,000
1999 ...................................................................
$26,700,000
2000 ...................................................................
$32,300,000
2001 ...................................................................
$38,200,000
2002 ...................................................................
$44,400,000.
(c) AUDIT REQUIREMENT.—Beginning with fiscal
year 1998, the Inspector General of the Department con-
cerned shall conduct a biennial audit of concession fees
generated pursuant to this part. The Inspector General
shall make a determination as to whether concession fees
are being collected and expended in accordance with this
part and shall submit copies of each audit to the Commit-
330
tee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Sen-
ate.
SEC. 9313. DISPUTE RESOLUTION.
(a) BOARD OF CONTRACT APPEALS.—The Board of
Contract Appeals within each Department shall adjudicate
disputes between the Federal Government and conces-
sioners arising under this part, including disputes regard-
ing the revocation, suspension, or termination of a conces-
sion authorization, transfers of concession service agree-
ments, and performance evaluations of concessions. Such
disputes shall be subject to the Contract Disputes Act of
1978 (41 U.S.C. 601 et seq.). The expiration of a conces-
sion authorization shall not be subject to appeal to the
Board.
(b) ADMINISTRATIVE REVIEW.—Appeals of decisions
may be taken to the Board of Contract Appeals after one
level of review of decisions made within an agency.
(c) EXPEDITED PROCEDURE.—Appeals of decisions
to suspend, revoke, or terminate a concession authoriza-
tion shall be considered under an expedited procedure, as
provided by the Secretary concerned by regulation.
(d) JUDICIAL REVIEW.—
(1) IN GENERAL.—A person may seek judicial
review of decisions made by the Board. Such review
331
shall be conducted by the court with jurisdiction on
a de novo basis.
(2) CONCESSION SERVICE AGREEMENTS.—Judi-
cial review of decisions rendered by the Board re-
garding concession service agreements shall be to the
United States Court of Federal Claims in accord-
ance with section 1491 of title 28, United States
Code (commonly referred to as the ‘‘Tucker Act’’).
(3) CONCESSION LICENSES.—Judicial review of
decisions rendered by the Board regarding conces-
sion licenses shall be to the appropriate Federal Dis-
trict Court.
(d) INAPPLICABILITY
OF CERTAIN PROVISIONS.—
Disputes arising under this part shall not be subject to
the jurisdiction of the General Accounting Office to review
bid protests under the Competition in Contracting Act of
1984.
SEC. 9314. RECORDKEEPING.
(a) MAINTENANCE AND ACCESS.—Each concessioner
shall keep such records as the Secretary concerned may
prescribe to enable the Secretary to determine that all
terms of the concession authorization have been and are
being faithfully performed, and the Secretary and his duly
authorized representatives shall, for the purpose of audit
and examination, have access at reasonable times and lo-
332
cations to such records and to other books, documents,
and papers of the concessioner pertinent to the concession
authorization and all the terms and conditions thereof.
(b) ACCESS
BY
COMPTROLLER
GENERAL.—The
Comptroller General of the United States or any of his
duly authorized representatives shall, until the expiration
of five calendar years after the close of the business year
of each concessioner have access to and the right to exam-
ine any pertinent books, documents, papers, and records
of the concessioner related to the concession authorization
involved.
SEC. 9315. APPLICATION OF GENERAL GOVERNMENTAL AC-
QUISITION REQUIREMENTS.
The following laws and regulations shall not apply to
concession service agreements and concession licenses
under this part:
(1) Title III of the Federal Property and Ad-
ministrative Services Act of 1949 (41 U.S.C. 251–
266).
(2) The Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.).
(3) The Federal Acquisition Streamlining Act
of 1994 (Public Law 103–355).
(4) The Brooks Automatic Data Processing Act
(40 U.S.C. 759).
333
(5) Chapters 137 and 141 of title 10, United
States Code.
(6) The Federal Acquisition Regulation and any
laws not listed in paragraphs (1) through (5) provid-
ing authority to promulgate regulations in the Fed-
eral Acquisition Regulation.
(7) The Act of June 20, 1936 (20 U.S.C. 107;
commonly referred to as the ‘‘Randolph-Sheppard
Act’’) and the Service Contract Act of 1965 (41
U.S.C. 351 et seq.).
SEC. 9316. RULES OF CONSTRUCTION.
Concession programs of an agency on Federal lands
and waters subject to this part shall be fully consistent
with the agency’s mission and laws applicable to the agen-
cy. Nothing in this part shall be construed as limiting or
restricting any right, title, or interest of the United States
in any land or resources.
SEC. 9317. REGULATIONS.
(a) IN GENERAL.—Pursuant to enactment of this
part, no new concession authorization may be issued, nor
may any existing concession authorization remain in effect
after two years after the date of the enactment of this
Act, unless regulations fully implementing this part are
in effect. During such two-year period, the Secretary may
only extend an existing concession authorization for a pe-
334
riod ending at the end of such two-year period. Such ex-
tensions shall be made in accordance with the applicable
provisions of law specified in section 9318, as such provi-
sions were in effect on the day before the date of the en-
actment of this Act. The Secretary of the Interior, Sec-
retary of Agriculture, and Secretary of the Army shall de-
velop a single set of regulations which specify a uniform
set of recordkeeping requirements for all concessioners
with respect to implementation of this part.
(b) QUALIFICATIONS OF AGENCY PERSONNEL AS-
SIGNED CONCESSION MANAGEMENT DUTIES.—The Sec-
retary, by regulation under subsection (a) and taking into
account the provisions of this part, shall specify the mini-
mum training and qualifications required for agency per-
sonnel assigned predominantly to concession management
duties, including (but not limited to) competency in busi-
ness management, public health and safety, and the deliv-
ery of quality customer services.
SEC. 9318. RELATIONSHIP TO OTHER EXISTING LAWS.
(a) REPEALS.—
(1) The Act entitled ‘‘An Act relating to the es-
tablishment of concession policies in the areas ad-
ministered by the National Park Service and for
other purposes’’ (16 U.S.C. 20–20g) approved Octo-
ber 9, 1965, is repealed.
335
(2) The last paragraph under the heading
‘‘FOREST SERVICE’’ in the Act of March 4, 1915 (38
Stat. 1101), as amended by the Act of July 28,
1956 (chap. 771; 70 Stat. 708) (16 U.S.C. 497), is
repealed.
(3) Section 7 of the Act of April 24, 1950 (16
U.S.C. 580d) is repealed.
(b) SUPERSEDED PROVISIONS.—The provisions of
this part shall supersede the provisions of the following
Acts as they pertain to concessions management:
(1) The Federal Land Policy and Management
Act of 1976 (Oct. 21, 1976).
(2) Public Law 87–714 (16 U.S.C. 460k et
seq.; commonly known as the ‘‘Refuge Recreation
Act’’).
(3) The National Wildlife Refuge System Ad-
ministration Act of 1966 (16 U.S.C. 668dd).
(c) 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’’.
(d) MODIFIED PROVISIONS.—The second sentence of
section 4 of the Act entitled ‘‘An Act authorizing the con-
struction of certain public works on rivers and harbors for
336
flood control, and for other purposes’’ (16 U.S.C. 460d)
is amended by inserting ‘‘, except for commercial conces-
sions purposes’’ the first place it appears after ‘‘public in-
terest’’.
(e) SAVINGS.—
(1) IN GENERAL.—The repeal of any provision,
the superseding of any provision, and the amend-
ment of any provision, of an Act referred to in sub-
sections (a), (b), or (c) shall not affect the validity
of any authorizations entered into under any such
Act. The provisions of this part shall apply to any
such authorizations, except to the extent such provi-
sions are inconsistent with the express terms and
conditions of such authorizations.
(2) RIGHT OF RENEWAL.—The right of renewal
explicitly provided for by any concession contract
under any such provision shall be preserved for a
single renewal of a contract following the enactment
of, or concession authorization under, this part.
(3) VALUE
OF
CAPITAL
IMPROVEMENTS
OR
POSSESSORY INTEREST.—Nothing in this part shall
be construed to change the value of existing capital
improvements or possessory interest as identified in
concession contracts entered into before the enact-
ment of this Act.
337
(4) ANILCA.—Nothing in this part shall be
construed to amend, supersede or otherwise affect
any provision of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.) relating
to revenue-producing visitor services.
(5) SKI AREA PERMITS.—No provision of this
part shall apply to any ski area permittee operating
on lands administered by the Forest Service.
(6) PROCEDURES FOR CONSIDERING EXISTING
CONCESSIONERS IN REISSUANCE OF CONTRACTS.—
In the case of any concession contract which has ex-
pired prior to the date of the enactment of this Act,
or within five years after the date of the enactment
of this Act, the incumbent concessioner shall be enti-
tled to a one-time bonus of five percent of the maxi-
mum points available in the reissuance of a previous
concession authorization. For any concession con-
tract entered into prior to the date of enactment of
this Act, which is projected to terminate five years
or later after the enactment of this Act, any conces-
sioner shall be entitled to a performance incentive as
outlined in this part. The concessioner shall be enti-
tled to an evaluation for the purposes of section
9306 of good for each year in which the Secretary
338
concerned does not complete an evaluation as pro-
vided for in this part.
PART 2—NATIONAL FOREST SKI AREAS
SEC. 9321. PRIVATIZATION OF FOREST SERVICE SKI AREAS.
(a) AUTHORIZATION TO SELL.—
(1) IN
GENERAL.—Not later than five years
after the date of enactment of this part, the Sec-
retary of Agriculture shall offer to sell not less than
40 ski areas to the qualifying ski area operator. Any
such sale shall provide for continuation of public ac-
cess for diverse recreational uses. The Secretary
shall offer such areas for sale only after consultation
with State and local governments. Any such sale
shall be at fair market value and, subject to valid ex-
isting rights, shall transfer all right, title, and inter-
est of the United States in and to the lands. In any
such sale, the Secretary shall establish the minimum
acceptable bid based on the appraised fair market
value of such lands.
(2) QUALIFYING LANDS.—For the purposes of
subsection (a), lands are qualifying concession lands
if such lands are—
(A) subject to a lease on the date of the
enactment of this Act for use as a ski area with
339
improvements with a fair market value greater
than $2,000,000; and
(B) located either adjacent to the boundary
of the Federal lands or adjacent to other sig-
nificant private inholdings.
(b) APPRAISAL.—
(1) IN GENERAL.—The Secretary shall provide
for an independent appraisal of the lands and inter-
ests therein to be transferred pursuant to subsection
(a). The appraiser shall—
(A) utilize nationally recognized appraisal
standards, including to the extent appropriate
the uniform appraisal standards for Federal
land acquisition; and
(B) not include the value of any improve-
ment placed on the lands by the concessioner.
(2) APPRAISAL REPORT.—The appraiser shall
submit a detailed report to the Secretary.
(c) ADDITIONAL LANDS.—In addition to the national
forest ski area, the Secretary may transfer by sale or ex-
change additional National Forest System lands for the
purpose of adding such lands to and operating them as
part of a ski area sold under subsection (a). The transfer
of additional lands under this subsection shall be in ac-
340
cordance with this part and the laws generally applicable
to the National Forest System.
(d) USE OF PROCEEDS BY THE APPROPRIATE SEC-
RETARY.—The Secretary may retain 50 percent of the
funds generated through sales under this section to ac-
quire other high priority lands identified for acquisition
in any forest land and resource management plan. The
remaining 50 percent of such amount shall be deposited
in the Treasury as miscellaneous receipts.
SEC. 9322. SKI AREA PERMIT FEES AND WITHDRAWAL OF
SKI AREAS FROM OPERATION OF MINING
LAWS.
The National Forest Ski Area Permit Act of 1986
(16 U.S.C. 497b) is amended by adding at the end the
following new sections:
‘‘SEC. 4. SKI AREA PERMIT FEES.
‘‘(a) SKI AREA PERMIT FEE.—
‘‘(1) IN
GENERAL.—Except as provided by
paragraph (2), after the date of the enactment of
this section, the fee for all ski area permits on Na-
tional Forest System lands shall be calculated,
charged, and paid only as set forth in subsection (b).
‘‘(2) EXCEPTION.—Paragraph (1) does not
apply to any ski area where the existing permit in
effect on the date of enactment of this section speci-
341
fies a different method to calculate the fee. In any
such situation the terms of such permit shall prevail,
unless the permit holder notifies the Forest Service
that the permit holder agrees to adopt the method
of fee calculation specified in this section. The For-
est Service should encourage such permit holders to
consider adopting the new method of fee calculation
in order to reduce its administrative costs.
‘‘(b) METHOD OF CALCULATION.—
‘‘(1) DETERMINATION
OF
ADJUSTED
GROSS
REVENUE SUBJECT TO FEE.—The Secretary of Agri-
culture shall calculate the ski area permit fee to be
charged a ski area permittee by first determining
the permittee’s adjusted gross revenue to be subject
to the permit fee. The permittee’s adjusted gross
revenue is equal to the sum of the following:
‘‘(A) The permittee’s gross revenues from
alpine lift ticket and alpine season pass sales
plus revenue from alpine ski school operations,
with such total multiplied by the permittee’s
slope transport feet percentage on National
Forest System lands.
‘‘(B) The permittee’s gross revenues from
nordic ski use pass sales and nordic ski school
operations, with such total multiplied by the
342
permittee’s percentage of nordic trails on Na-
tional Forest System lands.
‘‘(C) The permittee’s gross revenues from
ancillary facilities physically located on National
Forest System lands, including all permittee or
subpermittee lodging, food service, rental shops,
parking, and other ancillary operations.
‘‘(2) DETERMINATION
OF
SKI
AREA
PERMIT
FEE.—The Secretary shall determine the ski area
permit fee to be charged a ski area permittee by
multiplying adjusted gross revenue determined under
paragraph (1) for the permittee by the following per-
centages for each revenue bracket and adding the
total for each revenue bracket:
‘‘(A) 1.5 percent of all adjusted gross reve-
nue below $3,000,000.
‘‘(B) 2.5 percent for adjusted gross reve-
nue between $3,000,000 and $15,000,000.
‘‘(C) 2.75 percent for adjusted gross reve-
nue between $15,000,000 and $50,000,000.
‘‘(D) 4.0 percent for the amount of ad-
justed gross revenue that exceeds $50,000,000.
‘‘(3) SLOPE TRANSPORT FEET PERCENTAGE.—
In cases where ski areas are only partially located on
National Forest System lands, the slope transport
343
feet percentage on national forest land referred to in
paragraph (1) shall be calculated as generally de-
scribed in the Forest Service Manual in effect as of
January 1, 1992.
‘‘(4) ANNUAL
ADJUSTMENT
OF
ADJUSTED
GROSS REVENUE.—In order to insure that the ski
area permit fee set forth in this subsection remains
fair and equitable to both the United States and ski
area permittees, the Secretary shall adjust, on an
annual basis, the adjusted gross revenue figures for
each revenue bracket in subparagraphs (A) through
(D) of paragraph (2) by the percent increase or de-
crease in the national Consumer Price Index for the
preceding calendar year.
‘‘(c) MINIMUM FEE.—In cases where an area of Na-
tional Forest System land is under a ski area permit but
the permittee does not have revenue or sales qualifying
for fee payment pursuant to subsection (a), the permittee
shall pay an annual minimum fee of $2 for each acre of
National Forest System land under permit. Rental fees
imposed under this subsection shall be paid at the time
specified in subsection (d).
‘‘(d) TIME FOR PAYMENT.—The fee set forth in sub-
section (b) shall be due on June 1 of each year and shall
be paid or prepaid by the permittee on a monthly, quar-
344
terly, annual, or other schedule as determined appropriate
by the Secretary in consultation with the permittee. It is
the intention of Congress that unless mutually agreed oth-
erwise by the Secretary and the permittee, the payment
or prepayment schedule shall conform to the permittee’s
schedule in effect prior to the enactment of this section.
To simplify bookkeeping and fee calculation burdens on
the permittee and the Forest Service, the Secretary shall
each year provide the permittee with a standardized form
and worksheets (including annual fee calculations brackets
and rates) to be utilized for fee calculation and submitted
with the fee payment. Information provided on such forms
shall be compiled by the Secretary annually and kept in
the Office of the Chief, United States Forest Service.
‘‘(e) DEFINITIONS.—To simplify bookkeeping and ad-
ministrative burdens on ski area permittees and the For-
est Service, as used in this section, the terms ‘revenue’
and ‘sales’ mean actual income from sales. Such terms do
not include sales of operating equipment, refunds, rent
paid to the permittee by sublessees, sponsor contributions
to special events or any amounts attributable to employee
gratuities, discounts, complimentary lift tickets, or other
goods or services (except for bartered goods) for which the
permittee does not receive money.
345
‘‘(f) EFFECTIVE DATE FOR FEES.—The ski area per-
mit fees as provided under this section shall become effec-
tive on July 1, 1996, and cover receipts retroactive to July
1, 1995. If a ski area permittee has paid fees for the 12-
month period ending on June 30, 1996, under the grad-
uated rate fee system formula in effect prior to the date
of the enactment of this section, such fees shall be credited
toward the new ski area permit fee due for that period
under this section.
‘‘(g) REPORT ON FAIR MARKET VALUE.—No later
than five years after the date of enactment of this section
and every 10 years thereafter, the Secretary shall submit
to the Committee on Energy and Natural Resources of
the United States Senate and the Committees of Agri-
culture and Resources of the United States House of Rep-
resentatives a report analyzing whether the ski area per-
mit fee system legislated by this section is returning a fair
market value rental to the United States together with any
recommendations the Secretary may have for modifica-
tions in the system.
‘‘(h) TRANSITION PERIOD.—Where the new fee pro-
vided for in this section results in an increase in permit
fee greater than one percent of the permittee’s adjusted
gross revenue (as defined in subsection (b)(1)), the new
346
fee shall be phased in over a three year period in a manner
providing for increases of approximately equal increments.
‘‘(i) APPLICABILITY OF NEPA TO REISSUANCE OF
SKI AREA PERMITS.—The reissuance of a ski area permit
to provide activities similar in nature and amount to the
activities provided under the previous permit is hereby de-
termined to be a categorical exclusion as provided for
under the National Environmental Policy Act of 1969 (42
U.S.C. 4331 et seq.).
‘‘SEC. 5. WITHDRAWAL OF SKI AREAS FROM OPERATION OF
MINING LAWS.
‘‘Subject to valid existing rights, all lands located
within the boundaries of ski area permits issued prior to,
on, or after the date of the enactment of this section pur-
suant to the authority of the Act of March 4, 1915 (16
U.S.C. 497), the Act of June 4, 1897 (16 U.S.C. 473 et
seq.), or section 3 of this Act are hereby and henceforth
automatically withdrawn from all forms of appropriation
under the mining laws and from disposition under all laws
pertaining to mineral and geothermal leasing. Such with-
drawal shall continue for the full term of the permit and
any modification, reissuance, or renewal of the permit.
Such withdrawal shall be canceled automatically upon ex-
piration or other termination of the permit unless, at the
request of the Secretary of Agriculture, the Secretary of
347
the Interior determines to continue the withdrawal. Upon
cancellation of the withdrawal, the land shall be automati-
cally restored to all appropriation not otherwise restricted
under the public land laws.’’.
PART 3—DOMESTIC LIVESTOCK GRAZING
SEC. 9331. APPLICABLE REGULATIONS.
(a) BLM LANDS.—Except as otherwise provided by
this part, grazing of domestic livestock on lands adminis-
tered by the Bureau of Land Management shall be in ac-
cordance with part 1780 and part 4100 of title 43, Code
of Federal Regulations, as in effect on January 1, 1995.
(b) FOREST SERVICE LANDS.—Except as otherwise
provided by this part, grazing of domestic livestock on
lands administered by the Forest Service shall, to the ex-
tent possible, be in accordance with regulations, which the
Secretary of Agriculture shall promulgate, which are sub-
stantially similar to the regulations referred to in sub-
section (a). Regulations promulgated under this sub-
section may differ from the regulations referred to in sub-
section (a) to the extent necessary to conform to the laws
governing the National Forest System (other than this
part).
(c) FEDERAL LANDS.—For the purposes of this part,
the term ‘‘Federal lands’’ means lands administered by
348
the Bureau of Land Management and lands administered
by the Forest Service.
SEC. 9332. FEES AND CHARGES.
(a) BASIC FEE.—The basic fee for each animal unit
month in a grazing fee year to be determined by the Bu-
reau of Land Management and the Forest Service shall
be equal to the 3-year average of the total gross value of
production for beef cattle, as compiled by the Economic
Research Service of the Department of Agriculture in ac-
cordance with subsection (b) on the basis of economic data
published by the Service in the Economic Indicators of the
Farm Sector: Cost of Production—Major Field Crops &
Livestock and Dairy for the 3 years preceding the grazing
fee year, multiplied by the 10 year average of the United
States Treasury Securities 6-month bill ‘‘new issue’’ rate
and divided by 12.
(b) CRITERIA.—The Economic Research Service of
the Department of Agriculture shall continue to compile
the gross production value of production of beef cattle as
reported in a dollar per bred cow basis in the ‘‘U.S. Cow-
Calf Production Cash Costs and Returns’’.
(c) SURCHARGE.—
(1) IN GENERAL.—A surcharge shall be added
to the grazing fee billings for authorized grazing of
349
livestock owned by persons other than the permittee
or lessee except where—
(A) such use is made by livestock owned by
a spouse, child, or grandchild or their respective
spouse of the permittee and lessee; or
(B) the permittee or lessee is unable to
make full grazing use, as authorized by a graz-
ing permit or lease, due to the infirmed condi-
tion or death of the permittee or lessee.
(2) TREATMENT
AS
ADDITIONAL
FEE.—The
surcharge shall be over and above any other fees
that may be charged for using public land forage.
(3) PRIOR
PAYMENT
REQUIRED.—Surcharges
shall be paid prior to grazing use.
(4) AMOUNT.—The surcharge for authorized
pasturing of livestock owned by persons other than
the permittee or lessee shall be equal to 25 percent
of the difference between the current year’s Federal
grazing fee and the prior year’s private grazing land
lease rate per AUM for the appropriate State as
compiled by the National Agricultural Statistics
Service.
(5) IN GENERAL.—The Bureau of Land Man-
agement and the Forest Service shall make a deter-
mination under subsection (a) based on the following
350
information gathered by the National Agriculture
Statistics Service of the Department of Agriculture
with respect to the largest single grazing lease of
each grazing operator (in terms of dollars):
(A) Whether the operator charged—
(i) per acre;
(ii) per head per month;
(iii) per pound of gain;
(iv) per hundredweight of gain; or
(v) by another measure, and the rate
charged.
(B)(i) The estimated average pounds
gained per season for the grazing lease.
(ii) The total dollar amount estimated to
be realized from the grazing lease.
(iii) Grazing lease acreage.
(iv) The State and county where the graz-
ing lease is located.
(C) The classes of livestock grazed.
(D) The term of the grazing lease.
(E)(i) Whether grazing lease payments are
paid if no grazing occurred.
(ii) Whether the grazing lease contains a
take or pay provision.
351
(F) Additional information on whether the
following are provided by the landlord on a 5-
year basis:
(i) Fencing maintenance.
(ii) Animal management and over-
sight.
(iii) Water maintenance.
(iv) Salt and minerals.
(v) Other service (specified).
(vi) No services.
(vii) Hunting.
(viii) Fishing.
(ix) Other (specified).
(x) None.
(6) PRIVATE
NATIVE
RANGELAND.—For the
purpose of determining rates for grazing leases of
private native rangeland, rates for irrigated pasture,
crop aftermath, and dryland winter wheat shall be
excluded.
SEC. 9333. ANIMAL UNIT MONTH.
(a) DEFINITION
OF ANIMAL UNIT MONTH.—The
term ‘‘animal unit month’’ means 1 month’s use and occu-
pancy of range by—
(1) 1 cow, bull, steer, heifer, horse, burro, or
mule, 7 sheep, or 7 goats, each of which is 6 months
352
of age or older on the date on which the animal be-
gins grazing on Federal land;
(2) any such animal regardless of age if the
animal is weaned on the date on which the animal
begins grazing on Federal land; and
(3) any such animal that will become 12
months of age during the period of use authorized
under a grazing permit or grazing lease.
(b) LIVESTOCK NOT COUNTED.—There shall not be
counted as an animal unit month the use of Federal land
for grazing by an animal that is less than 6 months of
age on the date on which the animal begins grazing on
Federal land and is the natural progeny of an animal on
which a grazing fee is paid if the animal is removed from
the Federal land before becoming 12 months of age.
SEC. 9334. TERM OF GRAZING PERMITS OR GRAZING
LEASES.
A grazing permit or grazing lease shall be issued for
a term of 15 years unless—
(1) the land is pending disposal;
(2) the land will be devoted to a public purpose
that precludes grazing prior to the end of 15 years;
or
(3) the Secretary determines that it would be in
the best interest of sound land management to speci-
353
fy a shorter term, if the decision to specify a shorter
term is supported by appropriate and accepted re-
source analysis and evaluation.
SEC. 9335. CONFORMANCE WITH LAND USE PLAN.
Livestock grazing activities and management actions
approved by the Secretary of the Interior or the Secretary
of Agriculture, as the case may be—
(1) may include any such activities as are not
clearly prohibited by a land use plan; and
(2) shall not require any consideration under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in addition to the studies sup-
porting the land use plan.
SEC. 9336. EFFECTIVE DATE.
This part shall apply to grazing on Federal lands on
and after the date of the enactment of this Act.
PART 
4—REGIONAL 
DISPOSAL 
FACILITY 
OF
SOUTHWESTERN LOW LEVEL RADIOACTIVE
WASTE DISPOSAL COMPACT
SEC. 9341. CONVEYANCE OF PROPERTY.
(a) CONVEYANCE.—Upon the tendering of $500,000
on behalf of the State of California and the release of the
United States by the State of California from any liability
for claims relating to the property described in subsection
(b), all right, title and interest of the United States in
354
and to said lands and improvements thereon are conveyed
to the Department of Health Services of the State of Cali-
fornia: Provided, That the property shall revert to the
United States if the property is not used as a low-level
radioactive waste disposal facility.
(b) DESCRIPTION.—The lands conveyed are those de-
picted on a map designated USGS 7.5 minute quadrangle,
west of Flattop Mtn, CA 1984, entitled ‘‘Location Map
for Ward Valley Site’’, located in San Bernardino Merid-
ian, Township 9 North, Range 19 East.
(c) TITLE.—The Secretary of the Interior shall issue
evidence of title pursuant to this Act notwithstanding any
other provision of law. The Southwestern Low-Level Ra-
dioactive Waste Disposal Compact’s Ward Valley regional
disposal facility and transfer of the land are in compliance
with any applicable provisions of section 7 of Endangered
Species Act of 1973 (16 U.S.C. 1536) and the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
(d) DEPOSIT OF FUNDS.—Sums received pursuant to
subsection (a) shall be deposited as miscellaneous receipts
in the Treasury of the United States.
(e) EXPIRATION OF AUTHORITY.—This authority ex-
pires October 1, 2010.
355
SEC. 9342. CONVEYANCE OF EASEMENTS.
Concurrent with the conveyance property described in
section 9341(b) to the Department of Health Services of
the State of California, all necessary easements for utili-
ties and ingress and egress to said lands described in sec-
tion 9341(b) of this Act and the right to improve those
easements, are also conveyed to the Department of Health
Services of the State of California: Provided, That the De-
partment of Health Services right-of-way easements revert
to the United States if the lands referenced in section
9341 are not licensed and used as a low-level radioactive
waste disposal facility.
Subtitle D—Territories
PART 1—COMMONWEALTH OF THE NORTHERN
MARIANA ISLANDS
SEC. 9401. TERMINATION OF ANNUAL DIRECT GRANT AS-
SISTANCE.
(a) TERMINATION.—Pursuant to section 704(d) of
the Covenant to Establish a Commonwealth of the North-
ern Mariana Islands in Political Union with the United
States of America (48 U.S.C. 1681 note), the annual pay-
ments under section 702 of the Covenant shall terminate
as of September 30, 1995.
(b) REPEAL.—Sections 3 and 4 of the Act of March
24, 1976 (Public Law 94–241; 48 U.S.C. 1681 note), as
amended, are repealed, effective October 1, 1995.
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(c) REMOVAL OF AUTHORITY TO OBLIGATE CERTAIN
FUNDS.—Amounts appropriated under title VII of the
Covenant to Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States
of America, and under sections 3 and 4 of Public Law
94–241 (48 U.S.C. 1681), which are not obligated as of
the date of the enactment of this Act may not be obligated
after such date.
(d) CONFORMING AMENDMENTS.—Section 5 of such
Act (48 U.S.C. 1681 note) is amended—
(1) by striking out ‘‘agreement identified in sec-
tion 3 of this Act’’ and inserting in lieu thereof
‘‘Agreement of the Special Representatives on Fu-
ture United States Financial Assistance for the Gov-
ernment of the Northern Mariana Islands, executed
July 10, 1985, between the special representative of
the President of the United States and the special
representatives of the Governor of the Northern
Mariana Islands’’; and
(2) by striking out ‘‘Committee on Interior and
Insular Affairs’’ and inserting in lieu thereof ‘‘Com-
mittee on Resources’’.
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PART 2—TERRITORIAL ADMINISTRATIVE
CESSATION ACT
SEC. 9421. SHORT TITLE.
This part may be cited as the ‘‘Territorial Adminis-
trative Cessation Act’’.
SEC. 9422. CONGRESSIONAL FINDINGS.
The Congress finds that—
(1) each of the four political subdivisions of the
United Nations Trust Territory of the Pacific Is-
lands, known as the Japanese Mandated Islands,
have successfully entered into distinct self-governing
entities, thereby culminating in the final termination
of the Trusteeship and the end of the trusteeship re-
sponsibilities of the United States as administering
authority of the Trust Territory on October 1, 1994;
(2) the United States territories have developed
progressively increased local self-government over
the past five decades;
(3) the territories predominantly deal directly
with Federal agencies and departments, as a State
would;
(4) the administering responsibilities of the De-
partment of the Interior with respect to the insular
areas has declined substantially during the past five
decades; and
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(5) Federal-territorial relations can be enhanced
and Federal fiscal conditions improved by the elimi-
nation of unnecessary Federal bureaucracy.
SEC. 9423. ELIMINATION OF OFFICE OF TERRITORIAL AND
INTERNATIONAL AFFAIRS.
(a) IN GENERAL.—The Office of Territorial and
International Affairs of the Department of the Interior,
established pursuant to the Order of the Secretary of the
Interior 3046, of February 14, 1980, as amended, is here-
by abolished.
(b) TERMINATION OF POSITION OF ASSISTANT SEC-
RETARY.—Section 5315 of title 5, United States Code, is
amended by striking ‘‘Assistant Secretaries of the Interior
(6)’’ and inserting ‘‘Assistant Secretaries of the Interior
(5)’’.
(c) EFFECTIVE
DATE.—Subsection (a) and the
amendment made by subsection (b) shall take effect on
the first day of the first fiscal year that begins after the
date of the enactment of this Act.
SEC. 9424. CERTAIN ACTIVITIES NOT FUNDED.
Amounts may not be made available for the following
program activities for assistance to territories for fiscal
years beginning after September 30, 1995, as identified
under the appropriations account numbered 14–0412–0–
1–808:
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(1) technical assistance, item 00.12;
(2) maintenance assistance, item 00.14;
(3) disaster fund, item 00.17; and
(4) insular management controls, item 00.19.
Subtitle E—Minerals
PART 1—HARDROCK MINING
SEC. 9501. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress finds and declares that—
(1) a secure and reliable supply of locatable
minerals is essential to the industrial base of the
United States, national security, and balance of
trade;
(2) many of the deposits of locatable minerals
that may be commercially developed are on Federal
lands as that term is defined in this Act, and are
difficult and expensive to discover, mine, extract and
process;
(3) the national need for locatable minerals will
continue to expand, and without a strong mining in-
dustry the demand for the minerals will exceed do-
mestic sources of supply;
(4) mining of locatable minerals is an extremely
high-risk, capital-intensive endeavor, which, to at-
tract necessary investment, requires certainty and
predictability in access to Federal lands in establish-
360
ment of mining titles, and in the rights of owners of
mining claims or sites to develop minerals;
(5) the national interest is to foster and encour-
age private enterprise in the development of a do-
mestic minerals industry to maintain and create
high-paying jobs and the various Federal, State, and
local taxes paid by the mining industry in the
United States;
(6) changes in the general mining laws of the
United States to provide more direct economic re-
turn to the United States and greater protection of
public resources are desirable, so long as these
changes do not act as a disincentive to development
of minerals, adversely affect employment in the min-
ing industry or in industries that provide goods and
services required for mining activities, interfere with
a secure and reliable domestic supply of minerals, or
adversely affect the balance of trade of the United
States; and
(7) mining claims, mill sites and tunnel sites lo-
cated under the general mining laws are property in-
terests, and any law or regulation that substantially
impairs existing property rights may expose the Fed-
eral Government to takings claims under the fifth
amendment to the United States Constitution.
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(b) PURPOSE.—It is the purpose of this subtitle to—
(1) affirm and maintain the policy established
in section 2 of the Mining and Minerals Policy Act
of 1970;
(2) promote exploration for and the develop-
ment of a secure and reliable domestic source of
locatable minerals;
(3) provide for increased Federal revenue from
the location and production of locatable minerals
from Federal lands through patent payments and
royalties; and
(4) recognize that unpatented mining claims,
mill sites and tunnel sites are property rights in the
fullest sense and avoid, to the greatest extent pos-
sible, claims of takings of existing property rights
under the general mining laws that could require
compensation under the fifth amendment to the
United States Constitution.
SEC. 9502. PATENTS UNDER THE GENERAL MINING LAW.
(a) IN GENERAL.—Any patent issued by the United
States under the general mining laws after the date of
the enactment of this Act for any interest in land covered
by a mining claim or site under such laws shall be issued
only—
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(2) During the 2-year period in paragraph (1)(B), or
while there is pending a mineral survey or patent applica-
tion to which this subsection applies, an owner of the min-
ing claim or site may continue work on a mining claim
or site directed toward establishment and confirmation of
entitlement to a patent, and may amend the application
as necessary.
(3) Where access to any mining claim or site has been
denied or impeded by the action or inaction of any Federal
official, agency, or court during all or part of the 5-year
period preceding the date of enactment of this Act, includ-
ing any mining claim or site within the area described in
section 106 of Public Law 103–433, and the mining claim
or site may require further exploration or development in
order for the claimant to file a patent application or a
mineral survey application and otherwise meet the require-
ments of paragraph (1), the claimant may, within 1 year
after the date of enactment of this Act, submit a certified
written statement to the Secretary describing the access
denial or impediment, and shall then have a period of 10
years from the date of enactment of this Act or the termi-
nation of such access denial or impediment, whichever oc-
curs first, to conduct such mineral exploration or develop-
ment activities, file a patent application or mineral survey