I
105TH CONGRESS
2D SESSION
H. R. 3934
To reform the concession programs of the National Park Service and to
provide for the use of the revenues generated by such reforms to enhance
resource protection and visitor use and enjoyment of the National Park
System.
IN THE HOUSE OF REPRESENTATIVES
MAY 21, 1998
Mr. MILLER of California (for himself, Mr. FALEOMAVAEGA, Mr. MARKEY,
Mr. KENNEDY of Rhode Island, Mr. OLVER, Mr. FRANK of Massachu-
setts, Ms. ESHOO, Ms. FURSE, Mr. GEJDENSON, Mr. STARK, Mr. LEWIS
of Georgia, and Mr. BARRETT of Wisconsin) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To reform the concession programs of the National Park
Service and to provide for the use of the revenues gen-
erated by such reforms to enhance resource protection
and visitor use and enjoyment of the National Park
System.
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 ‘‘National Park Service
Concession Policy Reform Act of 1998’’.
SEC. 2. FINDINGS AND POLICY.
(a) FINDINGS.—In furtherance of the Act of August
25, 1916 (39 Stat. 535), as amended (16 U.S.C. 1,
2–4), which directs the Secretary of the Interior to admin-
ister areas of the National Park System in accordance
with the fundamental purpose of preserving their scenery,
wildlife, natural and historic objects, and providing for
their enjoyment in a manner that will leave them
unimpaired for the enjoyment of future generations, the
Congress finds that the preservation and conservation of
park resources and values require that such public accom-
modations, facilities, and services as the Secretary deter-
mines are necessary and appropriate in accordance with
this Act—
(1) should be provided only under carefully con-
trolled safeguards against unregulated and indis-
criminate use so that visitation will not unduly im-
pair these values; and
(2) should be limited to locations and designs
consistent to the highest practicable degree with the
preservation and conservation of park resources and
values.
(b) POLICY.—It is the policy of the Congress that—
(1) development on Federal lands within a park
shall be limited to those facilities and services that
the Secretary determines are necessary and appro-
priate for public use and enjoyment of the park in
which such facilities and services are located;
(2) development of such facilities and services
within a park should be consistent to the highest
practicable degree with the preservation and con-
servation of the park’s resources and values;
(3) such facilities and services should be pro-
vided by private persons, corporations, or other enti-
ties, except when no qualified private interest is will-
ing to provide such facilities and services;
(4) if the Secretary determines that develop-
ment should be provided within a park, such devel-
opment shall be designed, located, and operated in
a manner 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 such facilities should be awarded to
the person, corporation, or entity submitting the
best proposal through a competitive selection proc-
ess; and
(6) such facilities or services should be provided
to the public at reasonable rates.
SEC. 3. DEFINITIONS.
As used in this Act, the term—
(1) ‘‘concessioner’’ means a person, corporation,
or other entity to whom a concession contract has
been awarded;
(2) ‘‘concession contract’’ means a contract or
permit (but not a commercial use authorization
issued pursuant to section 6) to provide facilities or
services, or both, at a park;
(3) ‘‘facilities’’ means improvements to real
property within parks used to provide accommoda-
tions, facilities, or services to park visitors;
(4) ‘‘park’’ means a unit of the National Park
System;
(5) ‘‘proposal’’ means the complete proposal for
a concession contract offered by a potential or exist-
ing concessioner in response to the minimum re-
quirements for the contract established by the Sec-
retary; and
(6) ‘‘Secretary’’ means the Secretary of the
Interior.
SEC. 4. REPEAL OF CONCESSION 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 administered in the areas administered by the Na-
tional Park Service and for other purposes’’, is hereby re-
pealed. The repeal of such Act shall not affect the validity
of any contract entered into under such Act, but the provi-
sions of this Act shall apply to any such contract except
to the extent such provisions are inconsistent with the ex-
press terms and conditions of the contract.
(b) 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’’.
SEC. 5. CONCESSION POLICY.
Subject to the findings and policy stated in section
2, and upon a determination by the Secretary that facili-
ties or services are necessary and appropriate for the ac-
commodation of visitors at a park, the Secretary shall,
consistent with the provisions of this Act, laws relating
generally to the administration and management of units
of the National Park System, and the park’s general man-
agement plan, concession plan, and other applicable plans,
authorize private persons, corporations, or other entities
to provide and operate such facilities or services as the
Secretary deems necessary and appropriate.
SEC. 6. COMMERCIAL USE AUTHORIZATIONS.
(a) IN GENERAL.—To the extent specified in this sec-
tion, the Secretary, upon request, may authorize a private