National Parks Omnibus Management Act of 1998
PL 105-391 (S.1693), enacted 11/13/1998

PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3497 
Public Law 105-391 
105th Congress 
An Act 
To provide for improved management and increased accountability for certain Na- 
Nov. 13, 1998 
tional Park Service programs, and for other purposes. 
[s~~1693l 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
National Parks 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
M^^igement Act 
(a) SHORT TITLE.—^This Act may be cited as the "National 
5^^5901 
Parks Omnibus Management Act of 1998". 
note 
(b) TABLE OF CONTENTS.—^The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definition. 
TITLE I—NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING, 
AND MANAGEMENT 
Sec. 101. Protection, interpretation, and research in the National Park System. 
Sec. 102. National Park Service employee training. 
Sec. 103. Management development and training. 
Sec. 104. Park budgets and accountability. 
TITLE II—NATIONAL PARK SYSTEM RESOURCE INVENTORY AND 
MANAGEMENT 
Sec. 201. Purposes. 
Sec. 202. Research mandate. 
Sec. 203. Cooperative agreements. 
Sec. 204. Inventory and monitoring program. 
Sec. 205. Availability for scientific study. 
Sec. 206. Integration of study results into management decisions. 
Sec. 207. Confidentiality of information. 
TITLE m—STUDY REGARDING ADDITION OF NEW NATIONAL PARK 
SYSTEM AREAS 
Sec. 301. Short title. 
Sec. 302. Purpose. 
Sec. 303. Study of addition of new National Park System areas. 
TITLE IV—NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT 
Sec. 401. Short title. 
Sec. 402. Congressional findings and statement of policy. 
Sec. 403. Award of concessions contracts. 
Sec. 404. Term of concessions contracts. 
Sec. 405. Protection of concessioner investment. 
Sec. 406. Reasonableness of rates. 
Sec. 407. Franchise fees. 
Sec. 408. Transfer of concessions contracts. 
Sec. 409. National Park Service Concessions Management Advisory Board. 
Sec. 410. Contracting for services. 
Sec. 411. Multiple contracts within a park. 
Sec. 412. Special rule for transportation contracting services. 
112 STAT. 3498 
PUBLIC LAW 105-391—NOV. 13, 1998 
Sec. 413. Use of nonmonetary consideration in concessions contracts. 
Sec. 414. Recordkeeping requirements. 
Sec. 415. Repeal of National Park Service Concessions Policy Act. 
Sec. 416. Promotion of the sale of Indian, Alaska Native, Native Samoan, and Na-
tive Hawaiian handicrafts. 
Sec. 417. Regulations. 
Sec. 418. Commercial use authorizations. 
Sec. 419. Savings provision. 
TITLE V—FEES FOR USE OF NATIONAL PARK SYSTEM 
Sec. 501. Fees. 
Sec. 502. Distribution of golden eagle passport sales. 
TITLE VI—NATIONAL PARK PASSPORT PROGRAM 
Sec. 601. Purposes. 
Sec. 602. National Park passport program. 
Sec. 603. Administration. 
Sec. 604. Foreign sales of Gtolden Eagle Passports. 
Sec. 605. Effect on other laws and programs. 
TITLE VII—NATIONAL PARK FOUNDATION SUPPORT 
Sec. 701. Promotion of local fundraising support. 
TITLE VIII—MISCELLANEOUS PROVISIONS 
Sec. 801. United States Park Police. 
Sec. 802. Leases and cooperative management agreements. 
16 u s e 5901. 
SEC. 2. DEFINITION. 
As used in this Act, the term "Secretary" means the Secretary 
of the Interior, except as otherwise specifically provided. 
TITLE I—NATIONAL PARK SERVICE CA-
REER DEVELOPMENT, TRAINING, AND 
MANAGEMENT 
16 u s e 5911. 
SEC. 101. PROTECTION, INTERPRETATION, AND RESEARCH IN THE 
NATIONAL PARK SYSTEM. 
Recognizing the ever increasing societal pressures being placed 
upon America's unique natural and cultural resources contained 
in the National Park System, the Secretary shall continually 
improve the ability of the National Park Service to provide state-
of-the-art management, protection, and interpretation 
of and 
research on the resources of the National Park System. 
16 u s e 5912. 
SEC. 102. NATIONAL PARK SERVICE EMPLOYEE TRAINING. 
The Secretary shall develop a comprehensive training program 
for employees in all professional careers in the work force of the 
National Park Service for the purpose of assuring that the work 
force has available the best, up-to-date knowledge, skills and abili-
ties with which to manage, interpret and protect the resources 
of the National Park System. 
16 u s e 5913. 
SEC. 103. MANAGEMENT DEVELOPMENT AND TRAINING. 
Within 2 years after the enactment of this Act, the Secretary 
shall develop a clear plan for management training and develop-
ment, whereby career, professional National Park Service employees 
from any appropriate academic field may obtain sufficient training, 
experience, and advancement opportunity to enable those qualified 
to move into park management positions, including explicitly the 
position of superintendent of a unit of the National Park System. 
PUBLIC LAW 105-391—NOV, 13, 1998 
112 STAT. 3499 
SEC. 104. PARK BUDGETS AND ACCOUNTABILITY. 
16USC5914. 
(a) STRATEGIC AND PERFORMANCE PLANS FOR EACH UNIT.— Public 
Each unit of the National Park System shall prepare and make 
infonnation. 
available to the public a 5-year strategic plan and an annual 
performance plan. Such plans shall reflect the National Park Service 
policies, goals, and outcomes represented in the Service-wide Strate-
gic Plan, prepared pursuant to the provisions of the Government 
Performance and Results Act of 1993 (Public Law 103-62; 107 
Stat. 285). 
(b) ANNUAL BUDGET FOR EACH UNIT.—As a part of the annual 
performance plan for a unit of the National Park System prepared 
pursuant to subsection (a), following receipt of the appropriation 
for the unit from the Operations of the National Park System 
account (but no later than January 1 of each year), the superintend-
ent of the unit shall develop and make available to the public 
the budget for the current fiscal year for that unit. The budget 
shall include, at a minimum, funding allocations for resource 
preservation (including resource management), visitor services 
(including maintenance, interpretation, law enforcement, and search 
and rescue) and administration. The budget shall also include 
allocations into each of the above categories of all funds retained 
from fees collected for that year, including (but not limited to) 
special use permits, concession franchise fees, and recreation use 
and entrance fees. 
TITLE II—NATIONAL PARK SYSTEM RE-
SOURCE INVENTORY AND MANAGE-
MENT 
SEC. 201. PURPOSES. 
16USC5931. 
The purposes of this title are— 
(1) to more effectively achieve the mission of the National 
Park Service; 
(2) to enhance management and protection of national park 
resources by providing clear authority and direction for the 
conduct of scientific study in the National Park System and 
to use the information gathered for management purposes; 
(3) to ensure appropriate documentation of resource condi-
tions in the National Park System; 
(4) to encourage others to use the National Park System 
for study to the benefit of park management as well as broader 
scientific value, where such study is consistent with the Act 
of August 25, 1916 (commonly known as the National Park 
Service Organic Act; 16 U.S.C. 1 et seq.); and 
(5) to encourage the publication and dissemination of 
information derived from studies in the National Park System. 
SEC. 202. RESEARCH MANDATE. 
16 USC 5932. 
The Secretary is authorized and directed to assure that manage-
ment of units of the National Park System is enhanced by the 
availability and utilization of a broad program of the highest quality 
science and information. 
112 STAT. 3500 
PUBLIC LAW 105-391—NOV. 13, 1998 
16 use 5933. 
SEC. 203. COOPERATIVE AGREEMENTS. 
(a) CooPERATrs/iE STIHDY UNITS.—The Secretary is authorized 
and directed to enter into cooperative agreements with colleges 
and universities, including but not limited to land grant schools, 
in partnership with other Federal and State agencies, to establish 
cooperative study units to conduct multi-disciplinary research and 
develop integrated information products on the resources of the 
National Park System, or the larger region of which parks are 
a part. 
Deadline. 
(b) REPORT.—Within one year of the date of enactment of this 
title, the Secretary shall report to the Committee on Energy and 
^ 
Natural Resources of the United States Senate and the Committee 
on Resources of the House of Representatives on progress in the 
establishment of a comprehensive network of such college and 
university based cooperative study units as will provide full 
geographic and topical coverage for research on the resources con-
tained in units of the National Park System and their larger regions. 
16 use 5934. 
SEC. 204. INVENTORY AND MONITORING PROGRAM. 
The Secretary shall undertake a program of inventory and 
monitoring of National Park System resources to establish baseline 
information and to provide information on the long-term trends 
in the condition of National Park System resources. The monitoring 
program shall be developed in cooperation with other Federal mon-
itoring and information collection efforts to ensure a cost-effective 
approach. 
16 use 5935. 
SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY. 
(a) IN GENERAL.—^The Secretary may solicit, receive, and con-
sider requests from Federal or non-Federal public or private agen-
cies, organizations, individuals, or other entities for the use of 
any unit of the National Park System for purposes of scientific 
study. 
(b) CRITERIA.—^A request for use of a unit of the National 
Park System under subsection (a) may only be approved if the 
Secretary determines that the proposed study— 
(1) is consistent with applicable laws and National Park 
Service management policies; and 
(2) will be conducted in a manner as to pose no threat 
to park resources or public enjoyment derived from those 
resources. 
(c) FEE WAIVER.—^The Secretary may waive any park admission 
or recreational use fee in order to facilitate the conduct of scientific 
study under this section. 
(d) NEGOTIATIONS.—^The Secretary may enter into negotiations 
with the research community and private industry for equitable, 
efficient benefits-sharing arrangements. 
16 use 5936. 
SEC. 206. INTEGRATION OF STUDY RESULTS INTO MANAGEMENT 
DECISIONS. 
The Secretary shall take such measures as are necessary to 
assure the full and proper utilization of the results of scientific 
study for park management decisions. In each case in which an 
action undertaken by the National Park Service may cause a signifi-
cant adverse effect on a park resource, the administrative record 
shall reflect the manner in which unit resource studies have been 
considered. The trend in the condition of resources of the National 
Park System shall be a significant factor in the annual performance 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3501 
evaluation of each superintendent of a unit of the National Park 
System. 
SEC. 207. CONFIDENTIALITY OF INFORMATION. 
Information concerning the nature and specific location of a 
National Park System resource which is endangered, threatened, 
rare, or commercially valuable, of mineral or paleontological objects 
within units of the National Park System, or of objects of cultural 
E
atrimony within units of the National Park System, may be with-
eld from the public in response to a request under section 552 
of title 5, United States Code, unless the Secretary determines 
that— 
(1) disclosure of the information would further the purposes 
of the unit of the National Park System in which the resource 
or object is located and would not create an unreasonable 
risk of harm, theft, or destruction of the resource or object, 
including individual organic or inorganic specimens; and 
(2) disclosure is consistent with other applicable laws 
protecting the resource or object. 
16 u s e 5937. 
T I T L E 
I I I — S T U D Y 
R E G A R D I N G 
A D D I - 
National Park 
T I O N 
O F N E W 
N A T I O N A L 
P A R K 
S Y S - 
STstudls 
T E M A R E A S 
Act. 
SEC. 301. SHORT TITLE. 
This title may be cited as the "National Park System New 
Areas Studies Act". 
SEC. 302. PURPOSE. 
It is the purpose of this title to reform the process by which 
areas are considered for addition to the National Park System. 
SEC. 303. STUDY OF ADDITION OF NEW NATIONAL PARK SYSTEM 
AREAS. 
Section 8 of Public Law 91-383 (commonly known as the 
National Park System General Authorities Act; 16 U.S.C. la-5) 
is amended as follows: 
(1) By inserting "GENERAL AUTHORITY.—" after "(a)". 
(2) By striking the second through the sixth sentences 
of subsection (a). 
(3) By redesignating the last two sentences of subsection 
(a) as subsection (f) and inserting in the first of such sentences 
before the words "For the purposes of carrying" the following: 
"(f) AUTHORIZATION OF APPROPRIATIONS.—". 
(4) By inserting the following after subsection (a): 
"(b) STUDIES OP i & A s FOR POTENTIAL ADDITION.—(1) At the 
beginning of each calendar year, along with the annual budget 
submission, the Secretary shall submit to the Committee on 
Resources of the House of Representatives and to the Committee 
on Energy and Natural Resources of the United States Senate 
a list of areas recommended for study for potential inclusion in 
the National Park System. 
"(2) In developing the list to be submitted under this subsection, 
the Secretary shall consider— 
16 u s e 1 note. 
16 u s e la-5 
note. 
Records. 
112 STAT. 3502 
PUBLIC LAW 105-391—NOV. 13, 1998 
"(A) those areas that have the greatest potential to meet 
the estabHshed criteria of national significance, suitability, and 
feasibility; 
"(B) themes, sites, and resources not already adequately 
represented in the National Park System; and 
"(C) public petition and Congressional resolutions. 
"(3) No study of the potential of an area for inclusion in the 
National Park System may be initiated after the date of enactment 
of this subsection, except as provided by specific authorization of 
an Act of Congress. 
"(4) Nothing in this Act shall limit the authority of the National 
Park Service to conduct preliminary resource assessments, gather 
data on potential study areas, provide technical and planning assist-
ance, prepare or process nominations for administrative designa-
tions, update previous studies, or complete reconnaissance surveys 
of individual areas requiring a total expenditure of less than 
$25,000. 
"(5) Nothing in this section shall be construed to apply to 
or to affect or alter the study of any river segment for potential 
addition to the national wild and scenic rivers system or to apply 
to or to affect or alter the study of any trail for potential addition 
to the national trails system. 
"(c) REPORT.—(1) The Secretary shall complete the study for 
each area for potential inclusion in the National Park System 
within 3 complete fiscal years following the date on which funds 
are first made available for such purposes. Each study under this 
section shall be prepared with appropriate opportunity for public 
involvement, including at least one public meeting in the vicinity 
of the area under study, and after reasonable efforts to notify 
potentially affected landowners and State and local governments. 
"(2) In conducting the study, the Secretary shall consider 
whether the area under study— 
"(A) possesses nationally significant natural or cultural 
resources and represents one of the most important examples 
of a particular resource type in the country; and 
"(B) is a suitable and feasible addition to the system. 
"(3) Each study— 
"(A) shall consider the following factors with regard to 
the area being studied— 
"(i) the rarity and integrity of the resources; 
"(ii) the threats to those resources; 
"(iii) similar resources are already protected in the 
National Park System or in other public or private owner-
ship; 
"(iv) the public use potential; 
"(v) the interpretive and educational potential; 
"(vi) costs associated with acquisition, development and 
operation; 
"(vii) the socioeconomic impacts of any designation; 
"(viii) the level of local and general public support; 
and 
"(ix) whether the area is of appropriate configuration 
to ensure long-term resource protection and visitor use; 
"(B) shall consider whether direct National Park Service 
management or alternative protection by other public agencies 
or the private sector is appropriate for the area; 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3503 
"(C) shall identify what alternative or combination of alter-
natives would in the professional judgment of the Director 
of the National Park Service be most effective and efficient 
in protecting significant resources and providing for public 
enjoyment; and 
"(D) may include any other information which the Secretary 
deems to be relevant. 
"(4) Each study shall be completed in compliance with the 
National Environmental Policy Act of 1969. 
"(5) The letter transmitting each completed study to Congress 
shall contain a recommendation regarding the Secretary's preferred 
management option for the area. 
"(d) NEW AREA STUDY OFFICE.—The Secretary shall designate 
a single office to be assigned to prepare all new area studies 
and to implement other functions of this section. 
"(e) LIST OF AREAS.—^At the beginning of each calendar year, 
along with the annual budget submission, the Secretary shall sub-
mit to the Committee on Resources of the House of Representatives 
and to the Committee on Energy and Natural Resources of the 
Senate a list of areas which have been previously studied which 
contain primarily historical resources, and a list of areas which 
have been previously studied which contain primarily natural 
resources, in numerical order of priority for addition to the National 
Park System. In developing the lists, the Secretary should consider 
threats to resource values, cost escalation factors, and other factors 
listed in subsection (c) of this section. The Secretary should only 
include on the lists areas for which the supporting data is current 
and accurate.". 
(5) By adding at the end of subsection (f) (as designated 
by paragraph (3) of this section) the following: "For carrying 
out subsections (b) through (d) there are authorized to be appro-
priated $2,000,000 for each fiscal year.". 
TITLE IV—NATIONAL PARK SERVICE 
CONCESSIONS MANAGEMENT 
SEC. 401. SHORT TITLE. 
This title may be cited as the "National Park Service Conces-
sions Management Improvement Act of 1998". 
National Park 
Service 
Concessions 
Management 
Improvement Act 
of 1998. 
Contracts. 
16 u s e 5901 
note. 
SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF POLICY. 
16USC5951. 
(a) FINDINGS.—In furtherance of the Act of August 25, 1916 
(commonly known as the National Park Service Organic Act; 16 
U.S.C. 1 et seq.), which directs the Secretary to administer units 
of the National Park System in accordance with the fundamental 
purpose of conserving their scenery, wildlife, and natural and his-
toric objects, and providing for their enjo3mient in a manner that 
will leave them unimpaired for the enjoyment of future generations, 
the Congress hereby finds that the preservation and conservation 
of park resources and values requires that such public accommoda-
tions, facilities, and services as have to be provided within such 
units should be provided only under carefully controlled safeguards 
against unregulated and indiscriminate use, so that— 
(1) visitation will not unduly impair these resources and 
values; and 
112 STAT. 3504 
PUBLIC LAW 105-391—NOV. 13, 1998 
(2) development of public accommodations, facilities, and 
services within such units can best be limited to locations 
that are consistent to the highest practicable degree with the 
preservation and conservation of the resources and values of 
such units. 
(b) POLICY.—It is the policy of the Congress that the develop-
ment of public accommodations, facilities, and services in units 
of the National Park System shall be limited to those accommoda-
tions, facilities, and services that— 
(1) are necessary and appropriate for public use and enjoy-
ment of the unit of the National Park System in which they 
are located; and 
(2) are consistent to the highest practicable degree with 
the preservation and conservation of the resources and values 
of the unit. 
16 use 5952. 
SEC. 403. AWARD OF CONCESSIONS CONTRACTS. 
In furtherance of the findings and policy stated in section 
402, and except as provided by this title or otherwise authorized 
by law, the Secretary shall utilize concessions contracts to authorize 
a person, corporation, or other entity to provide accommodations, 
facilities, and services to visitors to units of the National Park 
System. Such concessions contracts shall be awarded as follows: 
(1) COMPETITIVE SELECTION PROCESS.—Except as otherwise 
provided in this section, all proposed concessions contracts shall 
be awarded by the Secretary to the person, corporation, or 
other entity submitting the best proposal, as determined by 
the Secretary through a competitive selection process. Such 
competitive process shall include simplified procedures for 
small, individually-owned, concessions contracts. 
(2) SOLICITATION OF PROPOSALS.—Except as otherwise pro-
vided in this section, prior to awarding a new concessions 
contract (including renewals or extensions of existing conces-
sions contracts) the Secretary shall publicly solicit proposals 
for the concessions contract and, in connection with such solici-
tation, the Secretary shall prepare a prospectus and shall pub-
lish notice of its availability at least once in local or national 
newspapers or trade publications, and/or the Commerce Busi-
ness Daily, as appropriate, and shall make the prospectus 
available upon request to all interested parties. 
(3) PROSPECTUS.—The prospectus shall include the follow-
ing information: 
(A) The minimum requirements for such contract as 
set forth in paragraph (4). 
(B) The terms and conditions of any existing conces-
sions contract relating to the services and facilities to be 
provided, including all fees and other forms of compensation 
provided to the United States by the concessioner. 
(C) Other authorized facilities or services which may 
be provided in a proposal. 
(D) Facilities and services to be provided by the Sec-
retary to the concessioner, if any, including public access, 
utilities, and buildings. 
(E) An estimate of the amount of compensation, if 
any, due an existing concessioner from a new concessioner 
under the terms of a prior concessions contract 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3505 
(F) A statement as to the weight to be given to each 
selection factor identified in the prospectus and the relative 
importance of such factors in the selection process. 
(G) Such other information related to the proposed 
concessions operation as is provided to the Secretary pursu-
ant to a concessions contract or is otherwise available to 
the Secretary, as the Secretary determines is necessary 
to allow for the submission of competitive proposals. 
(H) Where applicable, a description of a preferential 
right to the renewal of the proposed concessions contract 
held by an existing concessioner as set forth in paragraph 
(7). 
(4) MINIMUM REQUIREMENTS.—(A) No proposal shall be 
considered which fails to meet the minimum requirements as 
determined by the Secretary. Such minimum requirements 
shall include the following: 
(i) The minimum acceptable franchise fee or other 
forms of consideration to the Government. 
(ii) Any facilities, services, or capital investment 
required to be provided by the concessioner. 
(iii) Measures necessary to ensure the protection, con-
servation, and preservation of resources of the unit of the 
National Park System. 
(B) The Secretary shall reject any proposal, regardless of 
the franchise fee offered, if the Secretary determines that the 
person, corporation, or entity is not qualified, is not likely 
to provide satisfactory service, or that the proposal is not 
responsive to the objectives of protecting and preserving 
resources of the unit of the National Park System and of 
providing necessary and appropriate facilities and services to 
the public at reasonable rates. 
(C) 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 selection process 
pursuant to this section. 
(D) The Secretary may not execute a concessions contract 
which materially amends or does not incorporate the proposed 
terms and conditions of the concessions contract as set forth 
in the applicable prospectus. If proposed material amendments 
or changes are considered appropriate by the Secretary, the 
Secretary shall resolicit offers for the concessions contract incor-
porating such material amendments or changes. 
(5) SELECTION OF THE BEST PROPOSAL.—(A) In selecting 
the best proposal, the Secretary shall consider the following 
principal factors: 
(i) The responsiveness of the proposal to the objectives 
of protecting, conserving, and preserving resources of the 
unit of the National Park System and of providing nec-
essary and appropriate facilities and services to the public 
at reasonable rates. 
(ii) The experience and related background of the per-
son, corporation, or entity submitting the proposal, includ-
ing the past performance and expertise of such person, 
corporation or entity in providing the same or similar facili-
ties or services. 
112 STAT. 3506 
PUBLIC LAW 105-391—NOV. 13, 1998 
Applicability. 
(iii) The financial capability of the person, corporation. 
or entity submitting the proposal. 
(iv) The proposed franchise fee, except that consider-
ation of revenue to the United States shall be subordinate 
to the objectives of protecting, conserving, and preserving 
resources of the unit of the National Park System and 
of providing necessary and appropriate facilities to the 
public at reasonable rates. 
(B) The Secretary may also consider such secondary factors 
as the Secretary deems appropriate. 
(C) In developing regulations to implement this title, the 
Secretary shall consider the extent to which plans for employ-
ment of Indians (including Native Alaskans) and involvement 
of businesses owned by Indians, Indian tribes, or Native Alas-
kans in the operation of a concession, contracts should be 
identified as a factor in the selection of a best proposal under 
this section. 
(6) CONGRESSIONAI. NOTIFICAIION.—The Secretary shall 
submit any proposed concessions contract with anticipated 
annual gross receipts in excess of $5,000,000 or a duration 
of more than 10 years to the Committee on Resources of the 
House of Representatives and the Committee on Energy and 
Natural Resources of the Senate. The Secretary shall not award 
any such proposed contract until at least 60 days subsequent 
to the notification of both committees. 
(7) PREFERENTIAL RIGHT OF RENEWAL.—(A) Except as pro-
vided in subparagraph (B), the Secretary shall not grant a 
concessioner a preferential right to renew a concessions con-
tract, or any other form of preference to a concessions contract. 
(B) The Secretary shall grant a preferential right of renewal 
to an existing concessioner with respect to proposed renewals 
of the categories of concessions contracts described by para-
graph (8), subject to the requirements of that paragraph. 
(C) As used in this title, the term "preferential right of 
renewal" means that the Secretary, subject to a determination 
by the Secretary that the facilities or services authorized by 
a prior contract continue to be necessary and appropriate within 
the meaning of section 402, shall allow a concessioner qualifying 
for a preferential right of renewal the opportunity to match 
the terms and conditions of any competing proposal which 
the Secretary determines to be the best proposal for a proposed 
new concessions contract which authorizes the continuation 
of the facilities and services provided by the concessioner under 
its prior contract. 
(D) A concessioner which successfully exercises a pref-
erential right of renewal in accordance with the requirements 
of this title shall be entitled to award of the proposed new 
concessions contract to which such preference applies. 
(8) 
OUTFITTER AND GUIDE SERVICES AND SMALL CON-
TRACTS.—(A) The provisions of paragraph (7) shall apply only 
to the following: 
(i) Subject to subparagraph (B), outfitting and guide 
concessions contracts. 
(ii) Subject to subparagraph (C), concessions contracts 
with anticipated annual gross receipts under $500,000. 
(B) For the purposes of this title, an "outfitting and guide 
concessions contract' means a concessions contract which solely 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3507 
authorizes the provision of speciahzed backcountry outdoor 
recreation guide services which require the employment of spe-
cially trained and experienced gxiides to accompany park visi-
tors in the backcountry so as to provide a safe and enjoyable 
experience for visitors who otherwise may not have the skills 
and equipment to engage in such activity. Outfitting and guide 
concessioners, where otherwise qualified, include concessioners 
which provide guided river running, hunting, fishing, horse-
back, camping, and mountaineering experiences. An outfitting 
and guide concessioner is entitled to a preferential right of 
renewal under this title only if— 
(i) the contract with the outfitting and guide conces-
sioner does not grant the concessioner any interest, includ-
ing any leasehold surrender interest or possessory interest, 
in capital improvements on lands owned by the United 
States within a unit of the National Park System, other 
than a capital improvement constructed by a concessioner 
pursuant to the terms of a concessions contract prior to 
the date of the enactment of this title or constructed or 
owned by a concessioner or his or her predecessor before 
the subject land was incorporated into the National Park 
System; 
(ii) the Secretary determines that the concessioner has 
operated satisfactorily during the term of the contract 
(including any extension thereof); and 
(iii) the concessioner has submitted a responsive pro-
posal for a proposed new contract which satisfies the mini-
mum requirements established by the Secretary pursuant 
to paragraph (4). 
(C) A concessioner that holds a concessions contract that 
the Secretary estimates will result in gross annual receipts 
of less than $500,000 if renewed shall be entitled to a pref-
erential right of renewal under this title if— 
(i) the Secretary has determined that the concessioner 
has operated satisfactorily during the term of the contract 
(including any extension thereof); and 
(ii) the concessioner has submitted a responsive pro-
posal for a proposed new concessions contract which satis-
fies the minimum requirements established by the Sec-
retary pursuant to paragraph (4). 
(9) NEW OR ADDITIONAL SERVICES.—The Secretary shall 
not grant a preferential right to a concessioner to provide 
new or additional services in a unit of the National Park 
System. 
(10) SECRETARIAL AUTHORITY.—Nothing in this title shall 
be construed as limiting the authority of the Secretary to deter-
mine whether to issue a concessions contract or to establish 
its terms and conditions in furtherance of the policies expressed 
in this title. 
(11) EXCEPTIONS.—Notwithstanding the provisions of this 
section, the Secretary may award, without public solicitation, 
the following: 
(A) A temporary concessions contract or an extension 
of an existing concessions contract for a term not to exceed 
3 years in order to avoid interruption of services to the 
public at a unit of the National Park System, except that 
prior to making such an award, the Secretary shall take 
112 STAT. 3508 
PUBLIC LAW 105-391—NOV. 13, 1998 
all reasonable and appropriate steps to consider alter-
natives to avoid such interruption. 
Federal Register, 
(B) A concessions contract in extraordinary 
cir-
publication. 
cumstances where compelling and equitable considerations 
require the award of a concessions contract to a particular 
party in the public interest. Such award of a concessions 
contract shall not be made by the Secretary until at least 
30 days after publication in the Federal Register of notice 
of the Secretary's intention to do so and the reasons for 
such action, and submission of notice to the Committee 
on Energy and Natural Resources of the Senate and the 
Committee on Resources of the House of Representatives. 
16 use 5953. 
SEC. 404. TERM OF CONCESSIONS CONTRACTS. 
A concessions contract entered into pursuant to this title shall 
generally be awarded for a term of 10 years or less. However, 
the Secretary may award a contract for a term of up to 20 years 
if the Secretary determines that the contract terms and conditions, 
including the required construction of capital improvements, war-
rant a longer term. 
16 use 5954. 
SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT. 
(a) LEASEHOLD SURRENDER INTEREST UNDER NEW CONCESSIONS 
CONTRACTS.—On or after the date of the enactment of this title, 
a concessioner that constructs a capital improvement upon land 
owned by the United States within a unit of the National Park 
System pursuant to a concessions contract shall have a leasehold 
surrender interest in such capital improvement subject to the follow-
ing terms and conditions: 
(1) A concessioner shall have a leasehold surrender interest 
in each capital improvement constructed by a concessioner 
under a concessions contract, consisting solely of a right to 
compensation for the capital improvement to the extent of 
the value of the concessioner's leasehold surrender interest 
in the capital improvement. 
(2) A leasehold surrender interest— 
(A) may be pledged as security for financing of a capital 
improvement or the acquisition of a concessions contract 
when approved by the Secretary pursuant to this title; 
(B) shall be transferred by the concessioner in connec-
tion with any transfer of the concessions contract and may 
be relinquished or waived by the concessioner; and 
(C) shall not be extinguished by the expiration or other 
termination of a concessions contract and may not be taken 
for public use except on payment of just compensation. 
(3) The value of a leasehold surrender interest in a capital 
improvement shall be an amount equal to the initial value 
(construction cost of the capital improvement), increased (or 
decreased) in the same percentage increase (or decrease) as 
the percentage increase (or decrease) in the Consumer Price 
Index, from the date of making the investment in the capital 
improvement by the concessioner to the date of pajonent of 
the value of the leasehold surrender interest, less depreciation 
of the capital improvement as evidenced by the condition and 
prospective serviceability in comparison with a new unit of 
like land. 
Effective date. 
(4) Effective 9 years after the date of the enactment of 
this Act, the Secretary may provide, in any particular new 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3509 
concession contract the Secretary estimates will have a lease-
hold surrender interest of more than $10,000,000, that the 
value of any leasehold surrender interest in a capital improve-
ment shall be based on either (A) a reduction on an annual 
basis, in equal portions, over the same number of years as 
the time period associated with the straight line depreciation 
of the initial value (construction cost of the capital improve-
ment), as provided by applicable Federal income tax laws and 
regulations in effect on the day before the date of the enactment 
of this Act or (B) such alternative formula that is consistent 
with the objectives of this title. The Secretary may only use 
Federal Register, 
such an alternative formula if the Secretary determines, after publication, 
scrutiny of the financial and other circumstances involved in 
this particular concession contract (including providing notice 
in the Federal Register and opportunity for comment), that 
such alternative formula is, compared to the standard method 
of determining value provided for in paragraph (3), necessary 
in order to provide a fair return to the Government and to 
foster competition for the new contract by providing a reason-
able opportunity to make a profit under the new contract. 
If no responsive offers are received in response to a solicitation 
that includes such an alternative formula, the concession oppor-
tunity shall be resolicited with the leasehold surrender interest 
value as described in paragraph (3). 
(5) Where a concessioner, pursuant to the terms of a conces-
sions contract, makes a capital improvement to an existing 
capital improvement in which the concessioner has a leasehold 
surrender interest, the cost of such additional capital improve-
ment shall be added to the then current value of the conces-
sioner's leasehold surrender interest. 
(b) SPECIAL RULE FOR EXISTING POSSESSORY INTEREST.— 
(1) A concessioner which has obtained a possessory interest 
as defined pursuant to Public Law 89-249 (commonly known 
as the National Park Service Concessions Policy Act; 16 U.S.C. 
20 et seq.), as in effect on the day before the date of the 
enactment of this Act, under the terms of a concessions contract 
entered into before that date shall, upon the expiration or 
termination of such contract, be entitled to receive compensa-
tion for such possessory interest improvements in the amount 
and manner as described by such concessions contract. Where 
such a possessory interest is not described in the existing 
contract, compensation of possessory interest shall be deter-
mined in accordance with the laws in effect on the day before 
the date of enactment of this Act. 
(2) In the event such prior concessioner is awarded a new 
concessions contract after the effective date of this title replac-
ing an existing concessions contract, the existing concessioner 
shall, instead of directly receiving such possessory interest com-
pensation, have a leasehold surrender interest in its existing 
possessory interest improvements under the terms of the new 
contract and shall carry over as the initial value of such lease-
hold surrender interest (instead of construction cost) an amount 
equal to the value of the existing possessory interest as of 
the termination date of the previous contract. In the event 
of a dispute between the concessioner and the Secretary as 
to the value of such possessory interest, the matter shall be 
resolved through binding arbitration. 
112 STAT. 3510 
PUBLIC LAW 105-391—NOV. 13, 1998 
(3) In the event that a new concessioner is awarded a 
concessions contract and is required to pay a prior concessioner 
for possessory interest in prior improvements, the new conces-
sioner shall have a leasehold surrender interest in such prior 
improvements and the initial value in such leasehold surrender 
interest (instead of construction cost), shall be an amount equal 
to the value of the existing possessory interest as of the termi-
nation date of the previous contract. 
(c) TRANSITION TO SUCCESSOR CONCESSIONER.—Upon expiration 
or termination of a concessions contract entered into after the 
effective date of this title, a concessioner shall be entitled under 
the terms of the concessions contract to receive from the United 
States or a successor concessioner the value of any leasehold surren-
der interest in a capital improvement as of the date of such expira-
tion or termination. A successor concessioner shall have a leasehold 
surrender interest in such capital improvement under the terms 
of a new contract and the initial value of the leasehold surrender 
interest in such capital improvement (instead of construction cost) 
shall be the amount of money the new concessioner is required 
to pay the prior concessioner for its leasehold surrender interest 
under the terms of the prior concessions contract. 
(d) TITLE TO IMPROVEMENTS.—^Title to any capital improvement 
constructed by a concessioner on lands owned by the United States 
in a unit of the National Park System shall be vested in the 
United States. 
(e) DEFINITIONS.—For purposes of this section: 
(1) CONSUMER PRICE INDEX.—^The term "Consumer Price 
Index" means the "Consumer Price Index—^All Urban Consum-
ers" published by the Bureau of Labor Statistics of the Depart-
ment of Labor, unless such index is not published, in which 
case another regularly published cost-of-living index approxi-
mating the Consumer Price Index shall be utilized by the 
Secretary; and 
(2) CAPITAL IMPROVEMENT.—The term "capital improve-
ment" means a structure, fixture, or nonremovable equipment 
provided by a concessioner pursuant to the terms of a conces-
sions contract and located on lands of the United States within 
a unit of the National Park System. 
Deadline. 
(f) SPECIAL REPORTING REQUIREMENT.— Not later than 7 years 
after the date of the enactment of this Act, the Secretary shall 
submit a report to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Resources of the House of 
Representatives containing a complete analysis of the concession 
program as well as— 
(1) an assessment of competition in the solicitation of 
prospectuses, fair and/or increased return to the Government, 
and improvement of concession facilities and infrastructure; 
and 
(2) an assessment of any problems with the management 
and administration of the concession program that are a direct 
result of the implementation of the provisions of this title. 
16 use 5955. 
SEC. 406. REASONABLENESS OF RATES. 
(a) IN GENERAL.—Each concessions contract shall permit the 
concessioner to set reasonable and appropriate rates and charges 
for facilities, goods, and services provided to the public, subject 
to approval under subsection (b). 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3511 
(b) APPROVAL BY SECRETARY REQUIRED.—A concessioner's rates 
and charges to the pubHc shall be subject to approval by the 
Secretary. The approval process utilized by the Secretary shall 
be as prompt and as unburdensome to the concessioner as possible 
and shall rely on market forces to establish reasonableness of 
rates and charges to the maximum extent practicable. The Secretary 
shall approve rates and charges that the Secretary determines 
to be reasonable and appropriate. Unless otherwise provided in 
the contract, the reasonableness and appropriateness of rates and 
charges shall be determined primarily by comparison with those 
rates and charges for facilities, goods, and services of comparable 
character under similar conditions, with due consideration to the 
following factors and other factors deemed relevant by the Sec-
retary: length of season, peakloads, average percentage of occu-
pancy, accessibility, availability and costs of labor and materials, 
and type of patronage. Such rates and charges may not exceed 
the market rates and charges for comparable facilities, goods, and 
services, after taking into account the factors referred to in the 
preceding sentence. 
(c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than Deadline. 
6 months after receiving recommendations from the Advisory Board 
established under section 409(a) regarding concessioner rates and 
charges to the public, the Secretary shall implement the rec-
ommendations or report to the Congress the reasons for not 
implementing the recommendations. 
SEC. 407. FRANCHISE FEES. 
16 USC 5956. 
(a) IN GENERAL.—^A concessions contract shall provide for pay-
ment to the government of a franchise fee or such other monetary 
consideration as determined by the Secretary, upon consideration 
of the probable value to the concessioner of the privileges granted 
by the particular contract involved. Such probable value shall be 
based upon a reasonable opportunity for net profit in relation to 
capital invested and the obligations of the contract. Consideration 
of revenue to the United States shall be subordinate to the objectives 
of protecting and preserving park areas and of providing necessary 
and appropriate services for visitors at reasonable rates. 
(b) AMOUNT OP FRANCHISE FEE.—The amount of the franchise 
fee or other monetary consideration paid to the United States 
for the term of the concessions contract shall be specified in the 
concessions contract and may only be modified to reflect extraor-
dinary unanticipated changes from the conditions anticipated as 
of the effective date of the contract. The Secretary shall include 
in concessions contracts with a term of more than 5 years a provi-
sion which allows reconsideration of the franchise fee at the request 
of the Secretary or the concessioner in the event of such extraor-
dinary unanticipated changes. Such provision shall provide for bind-
ing arbitration in the event that the Secretary and the concessioner 
are unable to agree upon an adjustment to the franchise fee in 
these circumstances. 
(c) SPECIAL ACCOUNT.—All franchise fees (and other monetary 
consideration) paid to the United States pursuant to concessions 
contracts shall be deposited into a special account established in 
the Treasury of the United States. Twenty percent of the funds 
deposited in the special account shall be available for expenditure 
by the Secretary, without further appropriation, to support activities 
throughout the National Park System regardless of the unit of 
112 STAT. 3512 
PUBLIC LAW 105-391—NOV. 13, 1998 
the National Park System in which the funds were collected. The 
funds deposited into the special account shall remain available 
until expended. 
(d) SUBACCOUNT FOR EACH UNIT.—There shall be established 
within the special account required under subsection (c) a sub-
account for each unit of the National Park System. Each subaccount 
shall be credited with 80 percent of the franchise fees (and other 
monetary consideration) collected at a single unit of the National 
Park System under concessions contracts. The funds credited to 
the subaccount for a unit of the National Park System shall be 
available for expenditure by the Secretary, without further appro-
priation, for use at the unit for visitor services and for purposes 
of funding high-priority and urgently necessary resource manage-
ment programs and operations. The funds credited to a subaccount 
shall remain available until expended. 
16 use 5957. 
SEC. 408. TRANSFER OF CONCESSIONS CONTRACTS. 
(a) APPROVAL OF THE SECRETARY.—No concessions contract or 
leasehold surrender interest may be transferred, assigned, sold, 
or otherwise conveyed or pledged by a concessioner without prior 
written notification to, and approval by, the Secretary. 
(b) CONDITIONS.—^The Secretary shall approve a transfer or 
conveyance described in subsection (a) unless the Secretary finds 
that— 
(1) the individual, corporation or entity seeking to acquire 
a concessions contract is not qualified or able to satisfy the 
terms and conditions of the concessions contract; 
(2) such transfer or conveyance would have an adverse 
impact on (A) the protection, conservation, or preservation of 
the resources of the unit of the National Park System or (B) 
the provision of necessary and appropriate facilities and serv-
ices to visitors at reasonable rates and charges; and 
(3) the terms of such transfer or conveyance are likely, 
directly or indirectly, to reduce the concessioner's opportunity 
for a reasonable profit over the remaining term of the contract, 
adversely affect the quality of facilities and services provided 
by the concessioner, or result in a need for increased rates 
and charges to the public to maintain the quality of such 
facilities and services. 
(c) TRANSFER TERMS.—^The terms and conditions of any contract 
under this section shall not be subject to modification or open 
to renegotiation by the Secretary because of a transfer or conveyance 
described in subsection (a), unless such transfer or conveyance 
would have an adverse impact as described in paragraph (2) of 
subsection (b). 
SEC. 409. NATIONAL PARK SERVICE CONCESSIONS 
MANAGEMENT 
16 use 5958. 
ADVISORY BOARD. 
(a) ESTABLISHMENT.—There is hereby established a National 
Park Service Concessions Management Advisory Board (in this 
title referred to as the "Advisory Board") whose purpose shall 
be to advise the Secretary and National Park Service on matters 
relating to management of concessions in the National Park System. 
(b) DUTIES.— 
(1) ADVICE.—^The Advisory Board shall advise on each of 
the following: 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3513 
(A) Policies and procedures intended to assure that 
services and facilities provided by concessioners are nec-
essary and appropriate, meet acceptable standards at 
reasonable rates with a minimum of impact on park 
resources and values, and provide the concessioners with 
a reasonable opportunity to make a profit. 
(B) Ways to make National Park Service concessions 
programs and procedures more cost effective, more process 
efficient, less burdensome, and timelier. 
(2) RECOMMENDATIONS.—^The Advisory Board shall make 
recommendations to the Secretary regarding each of the follow-
ing: 
(A) National Park Service contracting with the private 
sector to conduct appropriate elements of concessions 
management and providing recommendations to make more 
efficient, less burdensome, and timelier the review or 
approval of concessioner rates and charges to the public. 
(B) The nature and scope of products which qualify 
as Indian, Alaska Native, and Native Hawaiian handicrafts 
within this meaning of this title. 
(C) The allocation of concession fees. 
The initial recommendations under subparagraph (A) relating 
to rates and charges shall be submitted to the Secretary not 
later than one year after the first meeting of the Board. 
(3) ANNUAL REPORT.—^The Advisory Board, commencing 
with the first anniversary of its initial meeting, shall provide 
an annual report on its activities to the Committee on Resources 
of the United States House of Representatives and the Commit-
tee on Energy and Natural Resources of the United States 
Senate. 
(c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory 
Board shall be appointed on a staggered basis by the Secretary 
for a term not to exceed 4 years and shall serve at the pleasure 
of the Secretary. The Advisory Board shall be comprised of not 
more than seven individuals appointed from among citizens of the 
United States not in the emplo)rment of the Federal Government 
and not in the emplo3rment of or having an interest in a National 
Park Service concession. Of the seven members of the Advisory 
Board— 
(1) one member shall be privately employed in the hospi-
tality industry and have both broad knowledge of hotel or 
food service management and experience in the parks and 
recreation concessions business; 
(2) one member shall be privately employed in the tourism 
industry; 
(3) one member shall be privately employed in the account-
ing industry; 
(4) one member shall be privately employed in the outfitting 
and guide industry; 
(5) one member shall be a State government employee 
with expertise in park concession management; 
(6) one member shall be active in promotion of traditional 
arts and crafts; and 
(7) one member shall be active in a nonprofit conservation 
organization involved in parks and recreation programs. 
112 STAT. 3514 
PUBLIC LAW 105-391—NOV. 13, 1998 
(d) TERMINATION.—^The Advisory Board shall continue to exist 
until December 31, 2008. In all other respects, it shall be subject 
to the provisions of the Federal Advisory Committee Act. 
(e) SERVICE ON ADVISORY BOARD.—Service of an individual 
as a member of the Advisory Board shall not be considered as 
service or employment bringing such individual within the provi-
sions of any Federal law relating to conflicts of interest or otherwise 
imposing restrictions, requirements, or penalties in relation to the 
employment of persons, the performance of services, or the payment 
or receipt of compensation in connection with claims, proceedings, 
or matters involving the United States. Service as a member of 
the Advisory Board shall not be considered service in an appointive 
or elective position in the Government for purposes of section 8344 
of title 5, United States Code, or other comparable provisions of 
Federal law. 
16 use 5959. 
SEC. 410. CONTRACTING FOR SERVICES. 
(a) CONTRACTING AUTHORIZED.—(1) To the maximum extent 
practicable, the Secretary shall contract with private entities to 
conduct or assist in those elements of the management of the 
National Park Service concessions program considered by the Sec-
retary to be suitable for non-Federal performance. Such manage-
ment elements include each of the following: 
(A) Health and safety inspections. 
(B) Quality control of concessions operations and facilities. 
(C) Strategic capital planning for concessions facilities. 
(D) Analysis of rates and charges to the public. 
(2) The Secretary may also contract with private entities to 
assist the Secretary with each of the following: 
(A) Preparation of the financial aspects of prospectuses 
for National Park Service concessions contracts. 
(B) Development of guidelines for a national park system 
capital improvement and maintenance program for all conces-
sion occupied facilities. 
(C) Making recommendations to the Director of the 
National Park Service regarding the conduct of annual audits 
of concession fee expenditures. 
(b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall also 
consider, taking into account the recommendations of the Advisory 
Board, contracting out other elements of the concessions manage-
ment program, as appropriate. 
(c) CONDITION.—Nothing in this section shall diminish the 
governmental responsibilities and authority of the Secretary to 
administer concessions contracts and activities pursuant to this 
title and the Act of August 25, 1916 (commonly known as the 
National Park Service Organic Act; 16 U.S.C. 1 et seq.). The Sec-
retary reserves the right to make the final decision or contract 
approval on contracting services dealing with the management of 
the National Park Service concessions program under this section. 
16 use 5960. 
SEC. 411. MULTIPLE CONTRACTS WITHIN A PARK. 
If multiple concessions contracts are awarded to authorize 
concessioners to provide the same or similar outfitting, guiding, 
river running, or other similar services at the same approximate 
location or resource within a specific national park, the Secretary 
shall establish a comparable franchise fee structure for all such 
same or similar contracts, except that the terms and conditions 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3515 
of any existing concessions contract shall not be subject to modifica-
tion or open to renegotiation by the Secretary because of an award 
of a new contract at the same approximate location or resource. 
SEC. 412. SPECIAL RULE FOR TRANSPORTATION CONTRACTING SERV- 
16 USC 5961 
ICES. 
Notwithstanding any other provision of law, a service contract 
entered into by the Secretary for the provision solely of transpor-
tation services in a unit of the National Park System shall be 
no more than 10 years in length, including a base period of 5 
years and annual extensions for an additional 5-year period based 
on satisfactory performance and approval by the Secretary. 
SEC. 413. USE OF NONMONETARY CONSIDERATION IN CONCESSIONS 
16 USC 5962 
CONTRACTS. 
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 contracts awarded by the Secretary pursu-
ant to this title. 
SEC. 414. RECORDKEEPING REQUIREMENTS. 
16 USC 5963 
(a) IN GENERAL.—Each concessioner shall keep such records 
as the Secretary may prescribe to enable the Secretary to determine 
that all terms of the concessions contract have been and are being 
faithfully performed, and the Secretary and any duly authorized 
representative of the Secretary shall, for the purpose of audit and 
examination, have access to such records and to other books, docu-
ments, and papers of the concessioner pertinent to the contract 
and all terms and conditions thereof. 
(b) ACCESS TO RECORDS.—The Comptroller General or any duly 
authorized representative of the Comptroller General shall, until 
the expiration of 5 calendar years after the close of the business 
year of each concessioner or subconcessioner, have access to and 
the right to examine any pertinent books, papers, documents and 
records of the concessioner or subconcessioner related to the contract 
or contracts involved. 
SEC. 415. REPEAL OF NATIONAL PARK SERVICE CONCESSIONS POLICY 
ACT. 
(a) REPEAL.—Public Law 89-249 (commonly known as the 
16 U
S
C 20 note. 
National Park Service Concessions Policy Act; 16 U.S.C. 20 et 
seq.) is repealed. The repeal of such Act shall not affect the validitv 
of any concessions contract or permit entered into under sucn 
Act, but the provisions of this title shall apply to any such contract 
or permit except to the extent such provisions are inconsistent 
with the terms and conditions of any such contract or permit. 
References in this title to concessions contracts awarded under 
authority of such Act also apply to concessions permits awarded 
under such authority. 
(b) CONFORMING AMENDMENTS.—(1) The fourth sentence of sec-
tion 3 of the Act of August 25, 1916 (commonly known as the 
National Park Service Organic Act; 16 U.S.C. 3), is amended— 
(A) by striking all through "no natural" and inserting "No 
natural,"; and 
(B) by striking the last proviso in its entirety. 
(2) Section 12 of Public Law 91-383 (commonly known as 
the National Park System General Authorities Act; 16 U.S.C. la-
7) is amended by striking subsection (c). 
112 STAT. 3516 
PUBLIC LAW 105-391—NOV. 13, 1998 
(3) The second paragraph under the heading "NATIONAL PARK 
16 use I7b-i. 
SERVICE" in the Act of July 31, 1953 (67 Stat. 261, 271), is repealed. 
16 use 5951 
(c) ANILCA.—Nothing in this title amends, supersedes, or 
note. 
otherwise affects any provision of the Alaska National Interest 
Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to revenue-
producing visitor services. 
16 use 5964. 
SEC. 416. PROMOTION OF THE SALE OF INDIAN, ALASKA NATIVE, 
NATIVE SAMOAN, AND NATIVE HAWAIIAN HANDICRAFTS. 
(a) IN GENERAL.—Promoting the sale of authentic United States 
Indian, Alaskan Native, Native Samoan, and Native Hawaiian 
handicrafts relating to the cultural, historical, and geographic 
characteristics of units of the National Park System is encouraged, 
and the Secretary shall ensure that there is a continuing effort 
to enhance the handicraft trade where it exists and establish the 
trade in appropriate areas where such trade currently does not 
exist. 
(b) EXEMPTION FROM FRANCHISE FEE.—In furtherance of these 
purposes, the revenue derived from the sale of United States Indian, 
Alaska Native, Native Samogin, and Native Hawaiian handicrafts 
shall be exempt from any franchise fee pa5Tnents under this title. 
16 use 5965. 
SEC. 417. REGULATIONS. 
As soon as practicable after the effective date of this title, 
the Secretary shall promulgate regulations appropriate for its 
implementation. Among other matters, such regulations shall 
include appropriate provisions to ensure that concession services 
and facilities to be provided in a unit of the National Park System 
are not segmented or otherwise split into separate concessions 
contracts for the purposes of seeking to reduce anticipated annual 
gross receipts of a concessions contract below $500,000. The Sec-
retary shall also promulgate regulations which further define the 
term "United States Indian, Alaskan Native, and Native Hawaiian 
handicrafts" for the purposes of this title. 
16 use 5966. 
SEC. 418. COMMERCIAL USE AUTHORIZATIONS. 
(a) IN GENERAL.—^To the extent specified in this section, the 
Secretary, upon request, may authorize a private person, corpora-
tion, or other entity to provide services to visitors to units of 
the National Park System through a commercial use authorization. 
Such authorizations shall not be considered as concessions contracts 
pursuant to this title nor shall other sections of this title be 
applicable to such authorizations except where expressly so stated. 
(b) CRITERIA FOR ISSUANCE OP AUTHORIZATIONS.— 
(1) REQUIRED DETERMINATIONS.—The authority of this sec-
tion may be used only to authorize provision of services that 
the Secretary determines will have minimal impact on resources 
and values of the unit of the National Park System and are 
consistent with the purpose for which the unit was established 
and with all applicable management plans and park policies 
and regulations. 
(2) ELEMENTS OF AUTHORIZATION.—The Secretary shall— 
(A) require payment of a reasonable fee for issuance 
of an authorization under this section, such fees to remain 
available without further appropriation to be used, at a 
minimum, to recover associated management and adminis-
trative costs; 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3517 
(B) require that the provision of services under such 
an authorization be accomphshed in a manner consistent 
to the highest practicable degree with the preservation 
and conservation of park resources and values; 
(C) take appropriate steps to limit the liability of the 
United States arising from the provision of services under 
such an authorization; and 
(D) have no authority under this section to issue more 
authorizations than are consistent with the preservation 
and proper management of park resources and values, 
and shall establish such other conditions for issuance of 
such an authorization as the Secretary determines appro-
priate for the protection of visitors, provision of adequate 
and appropriate visitor services, and protection and proper 
management of the resources and values of the park. 
(c) LIMITATIONS.—^Any authorization issued under this section 
shall be limited to— 
(1) commercial operations with annual gross receipts of 
not more than $25,000 resulting from services originating and 
provided solely within a unit of the National Park System 
pursuant to such authorization; 
(2) the incidental use of resources of the unit by commercial 
operations which provide services originating and terminating 
outside of the boundaries of the unit; or 
(3) such uses by organized children's camps, outdoor clubs 
and nonprofit institutions (including back country use) and 
such other uses as the Secretary determines appropriate. 
Nonprofit institutions are not required to obtain commercial use 
authorizations unless taxable income is derived by the institution 
from the authorized use. 
(d) PROHIBITION ON CONSTRUCTION.—^An authorization issued 
under this section shall not provide for the construction of any 
structure, fixture, or improvement on federally-owned lands within 
the boundaries of a unit of the National Park System. 
(e) DURATION.—^The term of any authorization issued under 
this section shall not exceed 2 years. No preferential right of renewal 
or similar provisions for renewal shall be granted by the Secretary. 
(f) OTHER CONTRACTS.—A person, corporation, or other entity 
seeking or obtaining an authorization pursuant to this section shall 
not be precluded from also submitting proposals for concessions 
contracts. 
SEC. 419. SAVINGS PROVISION. 
16 USC 5951 
(a) TREATMENT OP GLACIER BAY CONCESSION PERMITS PROSPEC-
TUS.—Nothing contained in this title shall authorize or require 
the Secretary to withdraw, revise, amend, modify, or reissue the 
February 19, 1998, Prospectus Under Which Concession Permits 
Will be Open for Competition for the Operation of Cruise Ship 
Services Within Glacier Bay National Park and Preserve (in this 
section referred to as the "1998 Glacier Bay Prospectus"). The 
award of concession permits pursuant to the 1998 Glacier Bay 
Prospectus shall be under provisions of existing law at the time 
the 1998 Glacier Bay Prospectus was issued. 
(b) PREFERENTIAL RIGHT OF RENEWAL.—Notwithstanding any 
provision of this title, the Secretary, in awarding future Glacier 
Bay cruise ship concession permits covering cruise ship entries 
for which a preferential right of renewal existed prior to the effective 
V 
112 STAT. 3518 
PUBLIC LAW 105-391—NOV. 13, 1998 
date of this title, shall provide for such cruise ship entries a pref-
erential right of renewal, as described in subparagraphs (C) and 
Expiration date. 
(D) of section 403(7). Any Glacier Bay concession permit awarded 
under the authority contained in this subsection shall expire by 
December 31, 2009. 
TITLE V—FEES FOR USE OF NATIONAL 
PARK SYSTEM 
16 use 5981. 
Contracts. 
16 use 5982. 
SEC. 501. FEES. 
Notwithstanding any other provision of law, where the National 
Park Service or an entity under a service contract with the National 
Park Service provides transportation to all or a portion of any 
unit of the National Park System, the Secretary may impose a 
reasonable and appropriate charge to the public for the use of 
such transportation services in addition to any admission fee 
required to be paid. Collection of both the transportation and admis-
sion fees may occur at the transportation staging area or any 
other reasonably convenient location determined by the Secretary. 
The Secretary may enter into agreements with public or private 
entities, who qualify to the Secretary's satisfaction, to collect the 
transportation and admission fee. Such transportation fees collected 
as per this section shall be retained by the unit of the National 
Park System at which the transportation fee was collected and 
the amount retained shall be expended only for costs associated 
with the transportation systems at the unit where the charge was 
imposed. 
SEC. 602. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES. 
Not later than 6 months after the date of enactment of this 
title, the Secretary of the Interior and the Secretary of Agriculture 
shall enter into an agreement providing for an apportionment 
among each agency of all proceeds derived from the sale of Golden 
Eagle Passports by private vendors. Such proceeds shall be appor-
tioned to each agency on the basis of the ratio of each agenc/s 
total revenue from admission fees collected during the previous 
fiscal year to the sum of all revenue from admission fees collected 
during the previous fiscal year for all agencies participating in 
the Golden Eagle Passport Program. 
TITLE VI—NATIONAL PARK PASSPORT 
PROGRAM 
16 use 5991. 
SEC. 601. PURPOSES. 
The purposes of this title are— 
(1) to develop a national park passport that includes a 
collectible stamp to be used for admission to units of the 
National Park System; and 
(2) to generate revenue for support of the National Park 
System. 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3519 
SEC. 602. NATIONAL PARK PASSPORT PROGRAM. 
16 USC 5992. 
(a) PROGRAM.—^The Secretary shall establish a national park 
passport program. A national park passport shall include a collect-
ible stamp providing the holder admission to all units of the 
National Park System. 
(b) EFFECTIVE PERIOD.—A national park passport stamp shall 
be effective for a period of 12 months from the date of purchase. 
(c) TRANSFERABILITY.—^A national park passport and stamp 
shall not be transferable. 
SEC. 603. ADMINISTRATION. 
16 USC 5993 
(a) STAMP DESIGN COMPETITION.—il) The Secretary shall hold 
an annual competition for the design of the collectible stamp to 
be affixed to the national park passport. 
(2) Each competition shall be open to the public and shall 
be a means to educate the American people about the National 
Park System. 
(b) SAI.E OF PASSPORTS AND STAMPS.—(1) National park pass-
ports and stamps shall be sold through the National Park Service 
and may be sold by private vendors on consignment in accordance 
v^^ith guidelines established by the Secretary. 
(2) A private vendor may be allowed to collect a commission 
on each national park passport (including stamp) sold, as deter-
mined by the Secretary. 
(3) The Secretary may limit the number of private vendors 
of national park passports (including stamps). 
(c) USE OF PROCEEDS.— 
(1) The Secretary may use not more than 10 percent of 
the revenues derived from the sale of national park passports 
(including stamps) to administer and promote the national park 
passport program and the National Park System. 
(2) Net proceeds from the sale of national park passports 
shall be deposited in a special account in the Treasury of 
the United States and shall remain available until expended, 
without further appropriation, for high priority visitor service 
or resource management projects throughout the National Park 
System. 
(d) AGREEMENTS.—^The Secretary may enter into cooperative 
agreements with the National Park Foundation and other interested 
parties to provide for the development and implementation of the 
national park passport program and the Secretary shall take such 
actions as are appropriate to actively market national park pass-
ports and stamps. 
(e) FEE.—^The fee for a national park passport and stamp shall 
be $50. 
SEC. 604. FOREIGN SALES OF GOLDEN EAGLE PASSPORTS. 
16 USC 5994. 
The Secretary of Interior shall— 
(1) make Golden Eagle Passports issued under section 
4(a)(1)(A) of the Land and Water Conservation Fund Act of 
1965 (16 U.S.C. 4601-6a(a)(l)(A)) or the Recreational Fee Dem-
onstration Program authorized by section 315 of the Depart-
ment of the Interior and Related Agencies Appropriations Act, 
1996 (section 101(c) of Public Law 104-134; 16 U.S.C. 4601-
6a note), available to foreign visitors to the United States; 
and 
112 STAT. 3520 
PUBLIC LAW 105-391—NOV. 13, 1998 
(2) make such Golden Eagle Passports available for pur-
chase outside the United States, through commercial tourism 
channels and consulates or other offices of the United States. 
16 use 5995 
SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS. 
(a) PARK PASSPORT NOT REQUIRED.—^A national park passport 
shall not be required for— 
(1) a single visit to a national park that charges a single 
visit admission fee under section 4(a)(2) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(a)(2)) or 
the Recreational Fee Demonstration Program authorized by 
section 315 of the Department of the Interior and Related 
Agencies Appropriations Act, 1996 (section 101(c) of Public 
Law 104-134; 16 U.S.C. 4601-6a note); or 
(2) an individual who has obtained a Golden Age or Golden 
Access Passport under paragraph (4) or (5) of section 4(a) 
of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 4601-6a(a)). 
(b) GOLDEN 
EAGLE PASSPORTS.—A Golden Eagle Passport 
issued under section 4(a)(1)(A) of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 4601-6a(a)(l)(A)) or such Recreational 
Fee Demonstration Program (16 U.S.C. 4601-6a note) shall be hon-
ored for admission to each unit of the National Park System. 
(c) ACCESS.—^A national park passport shall provide access to 
each unit of the National Park System under the same conditions, 
rules, and regulations as apply to access with a Golden Eagle 
Passport as of the date of enactment of this title. 
(d) LIMITATIONS.—A national park passport may not be used 
to obtain access to other Federal recreation fee areas outside of 
the National Park System. 
(e) EXEMPTIONS AND FEES.—A national park passport does not 
exempt the holder from or provide the holder any discount on 
any recreation use fee imposed under section 4(b) of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(b)) 
or such Recreational Fee Demonstration Program (16 U.S.C. 4601-
6a note). 
TITLE VII—NATIONAL PARK 
FOUNDATION SUPPORT 
SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT. 
Public Law 90-209 (commonly known as the National Park 
Foundation Act; 16 U.S.C. 19 et seq.) is amended by adding at 
the end the following new section: 
16 use 19o. 
"SEC. 11. PROMOTION OF LOCAL FUNDRAISING SUPPORT. 
"(a) ESTABLISHMENT.—The Foundation shall design and imple-
ment a comprehensive program to assist and promote philanthropic 
programs of support at the individual national park unit level. 
"(b) IMPLEMENTATION.—^The program under subsection (a) shall 
be implemented to— 
"(1) assist in the creation of local nonprofit 
support 
organizations; and 
"(2) provide support, national consistency, and manage-
ment-improving 
suggestions 
for 
local 
nonprofit 
support 
organizations. 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3521 
"(c) PROGRAM.—^The program under subsection (a) shall include 
the greatest number of national park units as is practicable. 
"(d) REQUIREMENTS.—^The program under subsection (a) shall 
include, at a minimum— 
"(1) a standard adaptable organizational design format to 
establish and sustain responsible management of a local non-
profit support organization for support of a national park unit; 
"(2) standard and legally tenable bylaws and recommended 
money-handling procedures that can easily be adapted as 
applied to individual national park units; and 
"(3) a standard training curriculum to orient and expand 
the operating expertise of personnel employed by local nonprofit 
support organizations. 
"(e) ANNUAL REPORT.—^The Foundation shall report the progress 
of the program under subsection (a) in the annual report of the 
Foundation. 
"(f) AFFILIATIONS.— 
"(1) CHARTER OR CORPORATE BYLAWS.—Nothing in this sec-
tion requires— 
"(A) a nonprofit support organization or friends group 
to modify current practices or to affiliate with the Founda-
tion; or 
"(B) a local nonprofit support organization, established 
as a result of this section, to be bound through its charter 
or corporate bylaws to be permanently affiliated with the 
Foundation. 
"(2) ESTABLISHMENT.—^An affihation with the Foundation 
shall be established only at the discretion of the governing 
board of a nonprofit organization.". 
TITLE VIII—MISCELLANEOUS 
PROVISIONS 
SEC. 801. UNITED STATES PARK POLICE. 
16 USC 6011. 
(a) APPOINTMENT OF TASK FORCE.—Not later than 60 days 
after the date of enactment of this title, the Secretary shall appoint 
a multidisciplinary task force to fully evaluate the shortfalls, needs, 
and requirements of law enforcement programs in the National 
Park Service, including a separate analysis for the United States 
Park Police, which shall include a review of facility repair, 
rehabilitation, equipment, and communication needs. 
(b) SUBMISSION OF REPORT.—Not later than one year after 
Deadline. 
the date of enactment of this title, the Secretary shall submit 
to the Committees on Energy and Natural Resources and Appropria-
tions of the United States Senate and the Committees on Resources 
and Appropriations of the United States House of Representatives 
a report that includes— 
(1) the findings and recommendations of the task force; 
(2) complete justifications for any recommendations made; 
and 
(3) a complete description of any adverse impacts that 
would occur if any need identified in the report is not met. 
112 STAT. 3522 
PUBLIC LAW 105-391—NOV. 13, 1998 
SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS. 
(a) IN GENERAL.—Section 3 of Public Law 91-383 (commonly 
known as the National Park System General Authorities Act; 16 
U.S.C. la-2) is amended by adding at the end the following: 
"(k) LEASES.— 
"(1) IN GENERAL.—Except as provided in paragraph (2) 
and subject to paragraph (3), the Secretary may enter into 
a lease with any person or governmental entity for the use 
of buildings and associated property administered by the Sec-
retary as part of the National Park System. 
"(2) PROHIBITED ACTIVITIES.—^The Secretary may not 
use 
a lease under paragraph (1) to authorize the lessee to engage 
in activities that are subject to authorization by the Secretary 
through a concessions contract, commercial use authorization, 
or similar instrument. 
"(3) USE.—Buildings and associated property leased under 
paragraph (1)— 
"(A) shall be used for an activity that is consistent 
with the purposes established by law for the unit in which 
the building is located; 
"(B) shall not result in degradation of the purposes 
and values of the unit; and 
"(C) shall be compatible with National Park Service 
programs. 
"(4) RENTAL AMOUNTS.— 
"(A) IN GENERAL.—With respect to a lease under para-
graph (1)— 
"(i) payment of fair market value rental shall be 
required; and 
"(ii) section 321 of the Act of June 30, 1932 (47 
Stat. 412, chapter 314; 40 U.S.C. 303b) shall not apply. 
"(B) ADJUSTMENT.—^The Secretary may adjust the 
rental amount as appropriate to take into account any 
amounts to be expended by the lessee for preservation, 
maintenance, restoration, improvement, or repair and 
related expenses. 
"(C) REGULATION.—The Secretary shall promulgate 
regulations implementing this subsection that includes 
provisions to encourage and facilitate competition in the 
leasing process and provide for timely and adequate public 
comment. 
"(5) SPECIAL ACCOUNT.— 
"(A) DEPOSITS.—Rental payments under a lease under 
paragraph (1) shall be deposited in a special account in 
the Treasury of the United States. 
"(B) AVAILABILITY.—^Amounts in the special account 
shall be available until expended, without further appro-
priation, for infrastructure needs at units of the National 
Park System, including— 
"(i) facility refurbishment; 
"(ii) repair and replacement; 
"(iii) infrastructure projects associated with park 
resource protection; and 
"(iv) direct maintenance of the leased buildings 
and associated properties. 
Procedures. 
"(C) ACCOUNTABILITY AND RESULTS.—The Secretary 
shall develop procedures for the use of the special account 
PUBLIC LAW 105-391—NOV. 13, 1998 
112 STAT. 3523 
that 
ensure 
accountability 
and 
demonstrated 
results 
consistent with this Act. 
"(1) COOPERATIVE MANAGEMENT AGREEMENTS.— 
"(1) IN GENERAL.—Where a unit of the National Park Sys-
tem is located adjacent to or near a State or local park area, 
and cooperative management between the National Park Serv-
ice and a State or local government agency of a portion of 
either park will allow for more effective and efficient manage-
ment of the parks, the Secretary may pnter into an agreement 
with a State or local government agency to provide for the 
cooperative management of the Federal and State or local park 
areas. The Secretary may not transfer administration respon-
sibilities for any unit of the National Park System under this 
paragraph. 
"(2) PROVISION OF GOODS AND SERVICES.—Under a coopera-
tive management agreement, the Secretary may acquire from 
and provide to a State or local government agency goods and 
services to be used b5A.the Secretary and the State or local 
governmental agency in the cooperative management of land. 
"(3) ASSIGNMENT.—^An assignment arranged by the Sec-
retary under section 3372 of title 5, United States Code, of 
a Federal, State, or local employee for work in any Federal, 
State, or local land or an extension of such an assignment 
may be for any period of time determined by the Secretary 
and the State or local agency to be mutually beneficial.". 
(b) HISTORIC LEASE PROCESS SIMPLIFICATION.—^The Secretary 
16 use 470h-3 
is directed to simplify, to the maximum extent possible, the leasing °ote. 
process for historic properties with the goal of leasing available 
structures in a timely manner. 
Approved November 13, 1998. 
L E G I S L A T I V E fflSTORY—S. 1693: 
HOUSE REPORTS: No. 105-767 (Comm. on Resources). 
S E N A T E REPORTS: No. 105-202 (Comm. on Energy and Natural Resources). 
C O N G R E S S I O N A L R E C O R D , Vol. 144 (1998): 
June 11, considered and passed Senate. 
Oct. 13, considered and passed House, amended. 
Oct. 14, Senate conciu-red in House amendment. 
WEEKLY C O M P I L A T I O N OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Nov. 13, Presidential statement.