IB 
Union Calendar No. 380 
109TH CONGRESS 
2D SESSION 
H. R. 5802 
[Report No. 109–640] 
To amend the National Park Service Concessions Management Improvement 
Act of 1998, to extend to additional small businesses the preferential 
right to renew a concessions contract entered into under such Act, 
to facilitate the renewal of a commercial use authorization granted under 
such Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2006 
Mr. PEARCE introduced the following bill; which was referred to the 
Committee on Resources 
SEPTEMBER 6, 2006 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 13, 2006] 
A BILL 
To amend the National Park Service Concessions Manage-
ment Improvement Act of 1998, to extend to additional 
small businesses the preferential right to renew a conces-
sions contract entered into under such Act, to facilitate 
the renewal of a commercial use authorization granted 
under such Act, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘NPS Concessions Reform 
Act of 2006’’. 
SEC. 2. ANNUAL GROSS RECEIPTS. 
Section 403(8) of the National Park Service Conces-
sions Management Improvement Act of 1998 (16 U.S.C. 
5952(8)) is amended— 
(1) by amending subparagraph (A)(ii) to read as 
follows: 
‘‘(ii) Subject to subparagraph (C), concessions 
contracts with anticipated annual gross receipts 
under $750,000, such amount to be adjusted annually 
to reflect changes in the Consumer Price Index as of 
the date of the enactment of this clause. An incumbent 
concessions contract holder with another concessions 
contract with annual gross receipts of $750,000 or 
more, not including an outfitting and guide conces-
sion contract, is not eligible for the right authorized 
by paragraph (7).’’; and 
(2) in subparagraph (C), by striking ‘‘$500,000’’ 
and inserting ‘‘$750,000, such amount to be adjusted 
annually to reflect changes in the Consumer Price 
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Index as of the date of the enactment of the NPS Con-
cessions Reform Act of 2006’’. 
SEC. 3. DEBRIEFING. 
Section 403(5) of the National Park Service Conces-
sions Management Improvement Act of 1998 (16 U.S.C. 
5952(5)) is amended by adding at the end the following: 
‘‘(D) DEBRIEFING.—The Secretary shall provide 
to any person, corporation, and other entity that sub-
mitted a proposal and who was not awarded a pro-
posed concessions contract a debriefing as to why they 
were not selected as submitting the best proposal for 
that concessions contract. Such debriefing must be re-
quested and must be made within 90 days of the 
award of the concessions contract. The Secretary shall 
not be required to disclose any proprietary informa-
tion of the person, corporation, or other entity that 
was selected as submitting the best proposal and 
awarded the concessions contract.’’. 
SEC. 4. LEASEHOLD SURRENDER INTEREST AND SOURCE 
OF FUNDS. 
Section 405(a)(2)(A) of the National Park Service 
Concessions Management Improvement Act of 1998 (16 
U.S.C. 5954(a)(2)(A)) is amended by inserting after ‘‘pur-
suant to this title’’ the following: ‘‘and may be pledged as 
security for other National Park Service contracts using a 
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combination of leasehold surrender interest if holding one 
or more contracts with the National Park Service, and the 
proceeds resulting from such pledged security shall not be 
restricted for use in the park or parks for which the lease-
hold surrender interest was pledged’’. 
SEC. 5. COMMERCIAL USE AUTHORIZATION. 
Section 418 of the National Park Service Concessions 
Management Improvement Act of 1998 (16 U.S.C. 5966) 
is amended— 
(1) in subsection (c), by adding after ‘‘authorized 
use.’’ the following: ‘‘Such uses shall be subject to lim-
itations and fees comparable to those that may be im-
posed on other authorization holders for the same or 
similar activities.’’; 
(2) by amending subsection (e), to read as fol-
lows: 
‘‘(e) DURATION.—The term of any authorization, not 
subject to limited numbers pursuant to (b)(2)(D), shall not 
exceed 5 years. Where it is determined that only limited 
numbers of authorizations shall be issued, the term of such 
authorizations shall not exceed 5 years. Such authorizations 
may be issued to those applicants that have— 
‘‘(1) demonstrated the capability to provide qual-
ity visitor services; and 
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‘‘(2) experience with the resources and values in 
the park unit for which the authorization is issued.’’; 
and 
(3) by adding at the end the following: 
‘‘(g) COST RECOVERY.—The Secretary shall not seek 
to recover costs from applicants or authorized holders re-
lated to capacity studies and recreation activities and mon-
itoring not associated with authorizations.’’. 
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