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(c) INSURANCE, MAINTENANCE, AND
REPAIR.—
Nothing in this section shall affect the obligation of a con-
cessioner to insure, maintain, and repair any structure,
fixture, or improvement assigned to such concessioner and
to insure that such structure, fixture, or improvement
fully complies with applicable safety and health laws and
regulations.
SEC. 264. RATES AND CHARGES TO PUBLIC.
Unless otherwise provided in the prospectus and con-
tract, the reasonableness of a concessioner’s rates and
charges to the public shall be judged primarily by compari-
son with those rates and charges for facilities and services
of comparable character charged by parties in reasonable
proximity to the relevant park and operating under similar
conditions, with due consideration for length of season,
seasonal variance, average percentage of occupancy, acces-
sibility, availability and costs of labor and materials, type
of patronage, and other factors deemed significant by the
Secretary.
SEC. 265. CONCESSIONER PERFORMANCE EVALUATION.
(a) REGULATIONS.—Within 180 days after the date
of the enactment of this subtitle, the Secretary, after an
appropriate period for public comment, shall publish regu-
lations establishing standards and criteria for evaluating
the performance of concessioners operating within parks.
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(b) PERIODIC EVALUATION.—(1) The Secretary shall
periodically conduct an evaluation of each concessioner op-
erating under a concession contract pursuant to this sub-
title to determine whether such concessioner has per-
formed satisfactorily. In evaluating a concessioner’s per-
formance, the Secretary shall seek and consider applicable
reports and comments from appropriate Federal, State,
and local regulatory agencies, and shall seek and consider
the views of park visitors and concession customers. If the
Secretary’s performance evaluation results in an unsatis-
factory rating of the concessioner’s overall operation, the
Secretary shall so notify the concessioner in writing, and
shall provide the concessioner with a list of the minimum
requirements necessary for the operation to be rated satis-
factory.
(2) The Secretary may terminate a concession con-
tract if the concessioner fails to meet the minimum oper-
ational requirements identified by the Secretary within the
time limitations established by the Secretary at the time
notice of the unsatisfactory rating is provided to the con-
cessioner.
(3) If the Secretary terminates a concession contract
pursuant to this section, the Secretary shall solicit propos-
als for a new contract consistent with the provisions of
this subtitle.
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(c) CONGRESSIONAL NOTIFICATION.—The Secretary
shall notify the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Resources
of the House of Representatives of each unsatisfactory
overall annual rating and of each concession contract ter-
minated pursuant to this section.
SEC. 266. RECORDKEEPING REQUIREMENTS.
(a) IN GENERAL.—Each concessioner shall keep such
records as the Secretary may prescribe to enable the Sec-
retary to determine that all terms of the concessioner’s
contract have been and are being faithfully performed. For
the purpose of audit and examination, the Secretary, the
Inspector General of the Department of the Interior, or
any of the Secretary’s duly authorized representatives
shall have access to such records and to other books, docu-
ments, and papers of the concessioner pertinent to the
contract and all the terms and conditions thereof as the
Secretary and the Inspector General consider necessary.
(b) GENERAL ACCOUNTING OFFICE REVIEW.—The
Comptroller General of the United States, or any duly au-
thorized representative of the Comptroller General, shall
have access to and the right to examine any pertinent
books, documents, papers, and records of the concessioner
related to a concession contract, including those related
to any Park Improvement Fund. The authority provided
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by this subsection shall apply until the expiration of five
calendar years after the close of the business year under
consideration.
SEC. 267. EXEMPTION FROM CERTAIN LEASE REQUIRE-
MENTS.
The provisions of section 321 of the Act of June 30,
1932 (40 U.S.C. 303b), relating to the leasing of buildings
and properties of the United States, shall not apply to con-
cession contracts awarded by the Secretary pursuant to
this subtitle.
SEC. 268. NO EFFECT ON ANILCA PROVISIONS.
Nothing in this subtitle shall be construed to amend,
supersede, or otherwise affect any provision of the Alaska
National Interest Lands Conservation Act (Public Law
96–487; 16 U.S.C. 3101 et seq.).
SEC. 269. IMPLEMENTATION.
(a) AUDIT REQUIREMENT.—Beginning with fiscal
year 1998, the Inspector General of the Department of
the Interior shall conduct a biennial audit of the Sec-
retary’s implementation of this subtitle and the award and
management of concession contracts under section 254
and authorizations under section 255.
(b) BIENNIAL REPORTS.—Beginning on June 1,
1998, and biannually thereafter the Secretary and the In-
spector General of the Department of the Interior shall
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submit a report to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources
of the House of Representatives on the implementation of
this subtitle and the effect of such implementation on fa-
cilities operated and services provided pursuant to conces-
sion contracts.
(c) INFORMATION FROM SECRETARY.—In each re-
port required by this section, the Secretary shall—
(1) identify any concession contracts which have
been renewed, renegotiated, terminated, or trans-
ferred during the two years prior to the submission
of the report and identify any significant changes in
the terms of the new contract;
(2) state the amount of franchise fees, the rates
which would be charged for services, and the level of
other services required to be provided by the conces-
sioner in comparison to that required in any pre-
vious concession contract for the same facilities or
services at the same park;
(3) assess the degree to which facilities are
being maintained, using the condition of such facili-
ties on the date of enactment of this subtitle as a
baseline;
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(4) indicate whether competition has been in-
creased or decreased with respect to the awarding of
concession contracts;
(5) set forth the total amount of revenues re-
ceived and financial obligations incurred or reduced
by the Federal Government as a result of enactment
of this subtitle for the reporting period and in com-
parison with previous reporting periods and the
baseline year of 1993, including the costs, if any, as-
sociated with the acquisition of possessory interests;
and
(6) include information concerning any Park
Improvement Funds, including—
(A) the total amounts deposited into and
expended from each Park Improvement Fund
during the preceding two-year period; and
(B) the purposes for which expenditures
from Park Improvement Funds during such pe-
riod were used.
(d) INFORMATION FROM INSPECTOR GENERAL.—In
each report required by this section, the Inspector General
of the Department of the Interior shall include informa-
tion as to the results of the audit required by subsection
(a), including—
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(1) the status of the Secretary’s implementation
of this subtitle;
(2) the extent to which such implementation
has furthered the policies of this subtitle, as set
forth in section 251, and has led to an increase or
decrease in competition for concession contracts;
(3) the adequacy of recordkeeping and other re-
quirements imposed on establishment and use of
Park Improvement Funds; and
(4) any recommendations the Inspector General
may find appropriate in order to further the pur-
poses of this subtitle and other laws applicable to
the National Park System or to assure that Park
Improvement Funds are maintained and expendi-
tures therefrom are used in accordance with this
subtitle and sound business practices.
SEC. 270. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out this subtitle.
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