that is consistent with the purposes for which such
park was established;
(5) the right to provide such services and to de-
velop or utilize facilities should be awarded to the
person, corporation, or entity submitting the best
proposal through a competitive selection process;
and
(6) such facilities or services should be provided
to the public at reasonable rates.
SEC. 502. DEFINITIONS.
As used in this title:
(1) The term ‘‘concessioner’’ means a person,
corporation, or other entity to whom a concession
contract has been awarded.
(2) the term ‘‘concession contract’’ means a
contract, or permit, (but not an authorization issued
pursuant to section 504(b) of this title) to provide
facilities or services, or both, at a park.
(3) The term ‘‘facilities’’ means improvements
to real property within parks used to provide accom-
modations, facilities, or services to park visitors.
(4) The term ‘‘franchise fee’’ means the fee re-
quired by a concession contract to be paid to the
United States in consideration for the privileges af-
forded by such contract to the holder thereof, which
may be expressed as a percentage of revenues de-
rived by the contract holder from activities author-
ized by the contract, and which shall be in addition
to fees required to be paid to the United States for
the use of federally-owned buildings or other facili-
ties.
(5) The term ‘‘fund’’ means the Park Improve-
ment Fund established under section 8(b).
(6) The term ‘‘park’’ means a unit of the Na-
tional Park System.
(7) The term ‘‘proposal’’ means the complete
proposal for a concession contract offered by a po-
tential or existing concessioner in response to the
minimum requirements for the contract established
by the Secretary.
(8) The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 503. REPEAL OF CONCESSIONS POLICY ACT OF 1965.
(a) REPEAL.—The Act of October 9, 1965, Public
Law 89–249 (79 Stat. 969, 16 U.S.C. 20–20g), entitled
‘‘An Act relating to the establishment of concession poli-
cies in the areas administered by National Park Service
and for other purposes’’, is hereby repealed. The repeal
of such Act shall not affect the validity of any contract
entered into under such Act, but the provisions of this title
shall apply to any such contract except to the extent such
provisions are inconsistent with the express terms and
conditions of the contract. Nothing in this title that is in-
consistent with a prospectus issued before January 27,
1995, shall apply to the contract with respect to which
such prospectus was issued. The Secretary is authorized
to award a concession contract prior to promulgation of
new regulations to implement this title if the Secretary
determines that protection of public health and safety war-
rant such action, provided that such contract is consistent
with this title.
(b) TRANSITION.—Nothing in this Act that is incon-
sistent with a prospectus issued before April 1, 1994, shall
apply to the contract with respect to which such prospec-
tus was issued. The Secretary is authorized to award a
concession contract prior to promulgation of new regula-
tions to implement this Act if the Secretary determines
that protection of public health and safety warrant such
action, provided that such contract is consistent with this
Act.
(c) CONFORMING AMENDMENT.—The fourth sen-
tence of section 3 of this 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’’.
SEC. 504. CONCESSION CONTRACTS AND OTHER AUTHOR-
IZATIONS.
(a) CONCESSIONS.—(1) Subject to the findings and
policy stated in section 501 of this title and the provisions
of this section, the Secretary may award concession con-
tracts that authorize private persons, corporations, or
other entities to provide services to park visitors and to
utilize facilities if the Secretary determines that such
award is the appropriate means for such authorization.
(2) Concession contracts shall be awarded only to the
extent that the Secretary finds that the services to be pro-
vided and the facilities to be utilized pursuant to each such
contract are necessary and appropriate for the accommo-
dation of visitors to a park.
(3) The provision of services and the utilization of
facilities pursuant to concession contracts shall be consist-
ent with all applicable requirements of law, including laws
relating generally to the administration and management
of units of the National Park Service, and with the general
management plan, concessions plan, and other relevant
plans developed by the Secretary for the relevant park.
(b) OTHER AUTHORIZATIONS.—(1) To the extent
specified in this subsection, the Secretary, upon request,
may authorize a private person, corporation, or other en-
tity to provide services to park visitors otherwise than by
award of a concession contract.
(2)(A) The authority of this subsection may be used
only to authorize provision of services to park visitors that
the Secretary determines have minimal impact on park re-
sources and values and will be consistent with the pur-
poses for which the park was established and with all ap-
plicable management plans for such park.
(B) The Secretary shall require payment of a reason-
able fee for issuance of an authorization under this sub-
section. The fees shall remain available without further
appropriation to be used to recover the costs of managing
and administering this subsection.
(C) The Secretary shall require that the provision of
services under such an authorization be accomplished in
a manner consistent to the highest practicable degree with
the preservation and conservation of park resources and
values.
(D) The Secretary shall take appropriate steps to
limit the liability of the United States arising from the
provision of services under such an authorization.
(E) The Secretary shall have no authority under this
subsection to issue more authorizations than are consist-
ent with the preservation and proper management of park
resources and values, and shall establish such other condi-
tions for issuance of such an authorization as the Sec-
retary determines appropriate for protection of visitors,
provision of adequate and appropriate visitor services, and
protection and proper management of the resources and
values of the National Park System.
(3) Any authorization issued under this subsection
shall be limited to commercial operations with annual
gross revenues of not more than $25,000 resulting from
the services provided within the park pursuant to such au-
thorization.
(4) The term of any authorization issued under this
subsection shall not exceed 2 years.
(5) An entity seeking or obtaining an authorization
pursuant to this subsection shall not be precluded from
also submitting proposals for concession contracts.
SEC. 505. COMPETITIVE SELECTION PROCESS.
(a) IN GENERAL.—(1) Except as provided in sub-
section (b), and consistent with the provisions of sub-
section (g), any concession contract entered into pursuant
to this title shall be awarded to the person submitting the
best proposal, as determined by the Secretary through the
competitive selection process specified in this section.
(2) Within 180 days after the date of enactment of
this title, the Secretary shall promulgate appropriate regu-
lations establishing a process to implement this section.
(3) The regulations referred to in paragraph (2) shall
include provisions for establishing a method or procedure
for the resolution of disputes between the Secretary and
a concessioner in those instances where the Secretary has
been unable to meet conditions or requirements or provide
such services, if any, as set forth in a prospectus pursuant
to sections 505(c)(2) (D) and (E).
(b) TEMPORARY CONTRACT.—Notwithstanding the
provisions of subsection (a), the Secretary may award on
a noncompetitive basis a temporary concession contract if
the Secretary determines such an award to be necessary
in order to avoid interruption of services to the public at
a park. Prior to making such a determination, the Sec-
retary shall take all reasonable and appropriate steps to
consider alternative actions to avoid such interruptions.
(c) PROSPECTUS.—(1) Prior to soliciting proposals
for a concession contract at a park, the Secretary shall
prepare a prospectus soliciting proposals, shall publish a
notice of its availability at least once in such local or na-
tional newspapers or trade publications as the Secretary
determines appropriate, and shall make such prospectus
available upon request to all interested parties.
(2) The prospectus shall include, but need not be lim-
ited to, the following information:
(A) The minimum requirements for such con-
tract, as set forth in subsection (d).
(A) The minimum acceptable franchise fee, fees
for use of any Federal buildings or other facilities,
and any other fees to be paid to the United States.
(B) The duration of the contract.
(C) Any facilities, services, or capital invest-
ments required to be provided by the concessioner.
(D) Measures that will be required in order to
ensure the protection and preservation of park re-
sources and values.
(2) The Secretary may reject any proposal, notwith-
standing the amount of franchise fee offered, if the Sec-
retary determines that the person, corporation, or entity
making such proposal is not qualified, is likely to provide
unsatisfactory service, or that the proposal is not suffi-
ciently responsive to the objectives of protecting and pre-
serving park resources and of providing necessary and ap-
propriate facilities or services to the public at reasonable
rates.
(3) If all proposals submitted to the Secretary either
fail to meet the minimum requirements or are rejected by
the Secretary, the Secretary shall establish new minimum
contract requirements and re-initiate the competitive se-
lection process pursuant to this section.
(e) SELECTION OF BEST PROPOSAL.—(1) In select-
ing the best proposal, the Secretary shall consider the fol-
lowing principal factors:
(A) The responsiveness of the proposal to the
objectives of protecting and preserving park re-
sources and of providing necessary and appropriate
facilities and services to the public at reasonable
rates.
(B) The experience, expertise, and related back-
ground of the person, corporation, or other entity
submitting the proposal, including whether the per-
son, corporation, or entity submitted the proposal
has established a record of outstanding performance
in providing the same or similar facilities or services.
(C) The financial capability of the person, cor-
poration, or entity submitting the proposal.
(D) The proposed franchise fee: Provided, That
consideration of revenue to the United States shall
be subordinate to the objectives of protecting and
preserving park resources including cultural re-
sources, and of providing necessary and appropriate
facilities or services to the public at reasonable rates.
(2) The Secretary may also consider such secondary
factors as the Secretary deems appropriate.
(3) In developing regulations to implement this title,
the Secretary shall consider the extent to which plans for
employment of Indians (including Native Alaskans) and
involvement of businesses owned by Indians, Indian tribes,
or Native Alaskans in the operation of concession con-
tracts should be identified as a factor in the selection of
a best offer under this section.
(f) CONGRESSIONAL NOTIFICATION.—(1) The Sec-
retary shall submit any proposed concession contract with
anticipated annual gross receipts in excess of $1,000,000
(indexed to 1993 constant dollars) or a duration in excess
of ten years to the Committee on Energy and Natural Re-
sources of the United States Senate and the Committee
on Resources of the United States House of Representa-
tives.
(2) The Secretary shall not award any such proposed
contract until at least 60 days subsequent to the submis-
sion thereof to both Committees.
(g) NO PREFERENTIAL RIGHT OF RENEWAL.—(1)
Except as provided in paragraph (2), the Secretary shall
not grant a preferential right to a concessioner to renew
a concession contract executed pursuant to this title.
(2)(A) The Secretary shall grant a preferential right
of renewal with respect to a concession contract covered
by subsection (h) and (i) subject to the requirements of
subsection (h) or (i), as appropriate.
(B) As used in this paragraph and subsections (h)
and (i), the term ‘‘preferential right of renewal’’ means
that the Secretary shall allow a concessioner satisfying the
requirements of this paragraph the opportunity to match
the terms and conditions of any competing proposal which
the Secretary determines to be the best offer.
(C) A concessioner who exercises a preferential right
of renewal in accordance with the requirements of this
paragraph shall be entitled to award of the new concession
contract with respect to which such right is exercised.
(h) OUTFITTING AND GUIDE CONTRACTS.—(1) Ex-
cept as provided in subsection (i), the provisions of sub-
section (g)(2) shall apply only—
(A) to a concession contract—
(i) which solely authorizes a concessioner
to provide outfitting, guide, river running, or
other substantially similar services within a
park; and
(ii) which does not grant such concessioner
any interest in any structure, fixture, or im-
provement pursuant to section 11 of this Act;
and
(B) where the concessioner has been awarded
an annual rating of ‘‘Excellent’’ in at least 50 per-
cent of the annual ratings during the term of the
contract;
(C) where the concessioner has not received any
annual unsatisfactory ratings during the term of the
contract; and
(D) where the Secretary determines that the
concessioner has submitted a responsive proposal for
a new contract which satisfies the minimum require-
ments established by the Secretary pursuant to sec-
tion 6 of this Act.
(2) In granting a preferential right of renewal pursu-
ant to subsection (g)(2), the Secretary shall not require
concessioner to match any portion of a proposed franchise
fee which exceeds by more than 10 percent the minimum
fee established by the Secretary in the prospectus for such
contract.
(3)(A) With respect to a concession contract (or ex-
tension thereof) covered by this subsection, which is in ef-
fect on the date of enactment of this Act, the provisions
of this paragraph shall apply if the holder of such con-
tract, under the laws and policies in effect on the day be-
fore the date of enactment of this Act, would have been
entitled to a preferential right of renewal upon the expira-
tion of such contract.
(B) Upon the expiration of a concession contract (or
extension thereof) covered by this paragraph, the Sec-
retary, with respect to the award of a new concession con-
tract to provide the same or substantially similar services
as those authorized by the previous contract or extension,
shall allow the holder of such contract or extension the
right to exercise a preferential right of renewal to the
same extent as would have been the case under the laws
and policies in effect on the day before the date of enact-
ment of this Act.
(4)(A) In promulgating regulations to implement this
subsection, the Secretary shall include a rating category
of ‘‘Excellent’’, and shall establish clear and achievable
standards necessary for the award of such rating, includ-
ing but not necessarily limited to criteria relating to—
(i) protection of the park’s resources and val-
ues;
(ii) furtherance of the educational, recreational,
and other purposes for which the Secretary manages
the park; and
(iii) the adequacy of services provided to park
visitors.