[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1693 Engrossed in Senate (ES)]
105th CONGRESS
2d Session
S. 1693
_______________________________________________________________________
AN ACT
To provide for improved management and increased accountability for
certain National Park Service programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vision 2020 National Parks System
Restoration Act''.
SEC. 2. DEFINITIONS.
As used in this Act, the term--
(1) ``Secretary'' means the Secretary of the Interior, and
(2) ``park'' or ``national park'' means a unit of the
National Park System.
TITLE I--NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING AND
MANAGEMENT
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.
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 abilities with
which to manage, interpret and protect the resources of the National
Park System.
SEC. 103. MANAGEMENT DEVELOPMENT AND TRAINING.
The Secretary shall develop a clear plan for management training
and development, 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 park superintendent.
SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.
(a) Strategic Plans.--Each unit of the National Park System shall
prepare and make 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
Strategic Plan, prepared pursuant to the provisions of the Government
Performance and Results Act (Public Law 103-62).
(b) Park Budget.--As a part of each park's annual performance plan
prepared pursuant to subsection (a) of this section, following receipt
of each park's appropriation from the Operations of the National Park
System account (but no later than January 1 of each year), each park
superintendent shall develop and make available to the public the
budget for the current fiscal year for that park. 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 RESOURCE INVENTORY AND MANAGEMENT
SEC. 201. PURPOSES.
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
conditions 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 (39 Stat. 535; 16 U.S.C. 1, 2-4); and
(5) to encourage the publication and dissemination of
information derived from studies in the National Park System.
SEC. 202. RESEARCH MANDATE.
The Secretary is authorized and directed to assure that management
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.
SEC. 203. COOPERATIVE AGREEMENTS.
(a) Cooperative Study 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.
(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 contained in units of
the National Park System and their larger regions.
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 monitoring and information
collection efforts to ensure a cost-effective approach.
SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY.
(a) In General.--The Secretary may solicit, receive, and consider
requests from Federal or non-Federal public or private agencies,
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 significant
threat to or broad impairment of 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.
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 a park resource may be
adversely affected by an action undertaken by the National Park
Service, the administrative record shall reflect the manner in which
unit resource studies have been considered.
SEC. 207. CONFIDENTIALITY OF INFORMATION.
Information concerning the nature and location of a park resource
which is endangered, threatened, rare, or commercially valuable, or for
an object of cultural patrimony within a unit of the National Park
System, may be withheld 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 park unit in which the resource is located and
would not create a substantial risk of harm, theft, or
destruction of the resource, including individual specimens of
any resource population; and
(2) disclosure is consistent with other applicable laws
protecting the resource.
TITLE III--PROCEDURES FOR ESTABLISHMENT OF NEW UNITS OF THE NATIONAL
PARK SYSTEM
SEC. 301. STUDIES OF AREAS FOR POTENTIAL INCLUSION IN THE NATIONAL PARK
SYSTEM.
Section 8 of Public Law 91-383 (16 U.S.C. 1a-5) is amended--
(1) in subsection (a)--
(A) by inserting ``General Author- ity.--'' after
``(a)'';
(B) by striking the second through sixth sentences;
and
(C) by striking ``For the purposes of carrying
out'' and inserting the following:
``(e) Authorization of Appropriations.--For the purposes of
carrying out''; and
(2) by inserting after subsection (a) the following:
``(b) Studies of Areas for Potential Inclusion in the National Park
System.--
``(1)(A) At the beginning of each calendar year, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Resources of the United States House of Representatives a list
of areas recommended for study for potential inclusion as new
units in the National Park System.
``(B) If the Secretary determines during a specific
calendar year that no areas are recommended for study for
potential inclusion in the National Park System, the Secretary
is not required to submit the list referenced in subparagraph
(A).
``(2) In developing the list submitted under this
subsection, the Secretary shall consider--
``(A) areas that have the greatest potential for
meeting the established criteria of national
significance, suitability, and feasibility;
``(B) themes, sites, and resources not adequately
represented in the National Park System; and
``(C) public proposals and Congressional requests.
``(3) Nothing in this subsection shall limit the authority
of the Secretary to conduct preliminary planning activities,
including--
``(A) the conduct of a preliminary resource
assessment;
``(B) collection of data on a potential study area;
``(C) provision of technical and planning
assistance;
``(D) preparation or processing of a nomination for
an administrative designation;
``(E) updating of a previous study; or
``(F) completion of a reconnaissance survey of an
area.
``(4) National wild and scenic rivers system; national
trails system.--Nothing in this section applies to, affects, or
alters the study of--
``(A) any river segment for potential addition to
the National Wild and Scenic Rivers System; or
``(B) any trail for potential addition to the
National Trails System.
``(5) In conducting a study under this subsection, the
Secretary shall--
``(A) provide adequate public notice and an
opportunity for public involvement, including at least
one public meeting in the vicinity of the area under
study; and
``(B) make reasonable efforts to notify potentially
affected landowners and State and local governments.
``(6) In conducting a study of an area under this
subsection, the Secretary--
``(A) shall consider whether the area--
``(i) possesses nationally significant
natural, historic or cultural resources, or
outstanding recreational opportunities;
``(ii) represents one of the most important
examples (singly or as part of a group) of a
particular resource type in the United States;
and
``(iii) is a suitable and feasible addition
to the National Park System;
``(B) shall consider--
``(i) the rarity and integrity of the
resources of the area;
``(ii) the threats to resources;
``(iii) whether similar resources are
already protected in the National Park System
or in other public or private ownership;
``(iv) benefits to the public;
``(v) the interpretive and educational
potential of the area;
``(vi) costs associated with acquisition,
development, and operation of the area and the
source or revenue to pay for the cost;
``(vii) the socioeconomic impacts of
inclusion of the area in the National Park
System;
``(viii) the level of local and general
public support for the inclusion;
``(ix) whether the area is of appropriate
configuration to ensure long-term resource
protection and appropriate visitor use; and
``(x) the potential impact on the inclusion
of the area on existing units of the National
Park System;
``(C) shall consider whether direct management by
the Secretary or alternative protection by other public
agencies or the private sector is most appropriate for
the area;
``(D) shall identify what alternative, if any, or
what combination of alternatives would, as determined
by the Secretary, be most effective and efficient in
protecting significant resources and providing for
public enjoyment; and
``(E) may include any other information that the
Secretary considers pertinent.
``(7) The letter transmitting a completed study to Congress
shall contain a recommendation regarding the preferred
management option of the Secretary for the area.
``(8) The Secretary shall complete a study of an area for
potential inclusion in the National Park System within three
years after the date funds are made available for the study.
``(c) List of Previously Studied Areas With Historical or Natural
Resources.--
``(1) At the beginning of each calendar year, the Secretary
shall submit to the Committee on Energy and Natural Resources
of the United States Senate and to the Committee on Resources
of the United States House of Representatives--
``(A) a list of areas that have been previously
studied under this section that contain primarily
historical or cultural resources, but have not been
added to the National Park System; and
``(B) a list of areas that have been previously
studied under this section that contain primarily
natural resources, but have not been added to the
National Park System.
``(2) In developing a list under paragraph (1), the
Secretary shall consider the factors described in subsection
(b)(2).
``(3) The Secretary shall include on a list under paragraph
(1) only areas for which supporting data are current and
accurate.''.
TITLE IV--NATIONAL PARK SERVICE CONCESSION MANAGEMENT
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Park Service Concession
Management Improvement Act of 1998''.
SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF POLICY.
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 administer areas of the National Park System in accordance with the
fundamental purpose of conserving 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 hereby finds that the preservation of park values requires
that such public accommodations, facilities and services as have to be
provided within those areas should be provided only under carefully
controlled safeguards against unregulated and indiscriminate use, so
that heavy visitation will not unduly impair these values and so that
development of such facilities can best be limited to locations where
the least damage to park values will be caused. It is the policy of the
Congress that such development shall be limited to those that are
necessary and appropriate for public use and enjoyment of the unit of
the National Park System in which they are located and that are
consistent to the highest practicable degree with the preservation and
conservation of the units.
SEC. 403. AWARD OF CONCESSION 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 concession contracts to authorize private
entities to provide accommodations, facilities and services to visitors
to areas of the National Park System. Such concession contracts shall
be awarded as follows:
(1) Competitive selection process.--Except as otherwise
provided in this section, all proposed concession 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, concession contracts.
(2) Solicitation of proposals.--Except as otherwise
provided in this section, prior to awarding a new concession
contract (including renewals or extensions of existing
concession contracts) the Secretary shall publicly solicit
proposals for the concession contract and, in connection with
such solicitation, the Secretary shall prepare a prospectus and
shall publish notice of its availability at least once in local
or national newspapers or trade publications, and/or the
Commerce Business Daily, as appropriate, and shall make the
prospectus available upon request to all interested parties.
(3) Prospectus.--The prospectus shall include, but need not
be limited to, the following information--
(A) the minimum requirements for such contract as
set forth in paragraph (4);
(B) the terms and conditions of any existing
concession 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
Secretary to the concessioner, if any, including, but
not limited to, 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 concession
contract;
(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
concession operation as is provided to the Secretary
pursuant to a concession contract or is otherwise
available to the Secretary, as the Secretary determines
is necessary to allow for the submission of competitive
proposals; and
(H) where applicable, a description of a
preferential right to the award of the proposed
concession 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, but
need not be limited to--
(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; and
(iii) measures necessary to ensure the
protection and preservation of park resources.
(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 park resources 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 concession
contract which materially amends or does not
incorporate the proposed terms and conditions of the
concession 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 concession
contract incorporating 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 and preserving
park resources and values and of providing
necessary and appropriate facilities and
services to the public at reasonable rates.
(ii) The experience and related background
of the person, corporation, or entity
submitting the proposal, including but not
limited to, the past performance and expertise
of such person, corporation or entity in
providing the same or similar facilities or
services.
(iii) The financial capability of the
person, corporation or entity submitting the
proposal.
(iv) 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 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 employment of Indians (including Native
Alaskans) and involvement of businesses owned by
Indians, Indian tribes, or Native Alaskans in the
operation of a concession, contracts should be
identified as a factor in the selection of a best
proposal under this section.
(6) Congressional notification.--The Secretary shall submit
any proposed concession contract with anticipated annual gross
receipts in excess of $5,000,000 or a duration of ten years or
more to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the
United States House of Representatives. 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 provided in subparagraph (B), the
Secretary shall not grant a concessioner a preferential
right to renew a concession contract, or any other form
of preference to a concession contract.
(B) The Secretary shall grant a preferential right
of renewal to an existing concessioner with respect to
proposed renewals of the categories of concession
contracts described by paragraph (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 of this title, 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 concession
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
preferential right of renewal in accordance with the
requirements of this title shall be entitled to award
of the proposed new concession contract to which such
preference applies.
(8) Outfitter and guide services and small contracts.--The
provisions of paragraph (7) shall apply only to concession
contracts authorizing outfitter and guide services and
concession contracts with anticipated annual gross receipts
under $500,000 as further described below and which otherwise
qualify as follows:
(A) Outfitting and guide contracts.--For the
purposes of this title, an ``outfitting and guide
concession contract'' means a concession contract which
solely authorizes the provision of specialized
backcountry outdoor recreation guide services which
require the employment of specially trained and
experienced guides to accompany park visitors 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, but are not limited to,
concessioners which provide guided river running,
hunting, fishing, horseback, 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 the outfitting and guide
concessioner holds does not grant the
concessioner any interest, including, but not
limited to, 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: Provided, That
this limitation shall not apply to capital
improvements constructed by a concessioner
pursuant to the terms of a concession contract
prior to the effective date of this title; and
(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 proposal for a proposed new contract
which satisfies the minimum requirements
established by the Secretary pursuant to
paragraph (4).
(B) Contracts with anticipated annual gross
receipts under $500,000.--A concessioner which holds a
concession contract where the Secretary has estimated
that its renewal will result in gross annual receipts
of less than $500,000 shall be entitled to a
preferential 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 proposal for a proposed new
concession contract which satisfies the minimum
requirements established by the Secretary
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 park.
(10) Secretarial authority.--Nothing in this title shall be
construed as limiting the authority of the Secretary to
determine whether to issue a concession 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--
(A) a temporary concession contract or extend an
existing concession contract for a term not to exceed
three years in order to avoid interruption of services
to the public at a park, except that prior to making
such an award, the Secretary shall take all reasonable
and appropriate steps to consider alternatives to avoid
such interruption; and
(B) a concession contract in extraordinary
circumstances where compelling and equitable
considerations require the award of a concession
contract to a particular party in the public interest.
Such award of a concession contract shall not be made
by the Secretary until at least thirty days after
publication in the Federal Register of notice of the
Secretary's intention to do so and the reasons for such
action, and notice to the Committee on Energy and
Natural Resources of the United States Senate and the
Committee on Resources of the United States House of
Representatives.
SEC. 404. TERM OF CONCESSION CONTRACTS.
A concession contract entered into pursuant to this title shall be
awarded for a term not to exceed 10 years: Provided, That 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, warrant a longer term.
SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT.
(a) Leasehold Surrender Interest Under New Concession Contracts.--
(1) On or after the date of enactment of this title, a
concessioner which constructs a capital improvement upon land
owned by the United States within a unit of the National Park
System pursuant to a concession contract, shall have a
leasehold surrender interest in such capital improvement
subject to the following terms and conditions:
(A) A concessioner shall have a property right in
each capital improvement constructed by a concessioner
under a concession 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.
(B) A leasehold surrender interest--
(i) may be pledged as security for
financing of a capital improvement or the
acquisition of a concession contract when
approved by the Secretary pursuant to this
title;
(ii) shall be transferred by the
concessioner in connection with any transfer of
the concession contract and may be relinquished
or waived by the concessioner; and
(iii) shall not be extinguished by the
expiration or other termination of a concession
contract and may not be taken for public use
except on payment of just compensation.
(C) 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 payment
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 kind.
(D) Where a concessioner, pursuant to the terms of
a concession 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 improvement shall be
added to the then current value of the concessioner's
leasehold surrender interest.
(E) For purposes of this section, the term--
(i) ``Consumer Price Index'' means the
``Consumer Price Index--All Urban Consumers''
published by the Bureau of Labor Statistics of
the Department of Labor, unless such index is
not published, in which case another regularly
published cost-of-living index approximating
the Consumer Price Index shall be utilized by
the Secretary; and
(ii) ``capital improvement'' means a
structure, fixture, or nonremovable equipment
provided by a concessioner pursuant to the
terms of a concession contract and located on
lands of the United States within a unit of the
National Park System.
(b) Special Rule for Existing Possessory Interest.--
(1) A concessioner which has obtained a possessory interest
as defined in Public Law 89-249 under the terms of a concession
contract entered into prior to the date of enactment of this
title shall, upon the expiration or termination of such
contract, be entitled to receive compensation for such
possessory interest improvements in the amount and manner as
described by such concession contract.
(2) In the event such prior concessioner is awarded a new
concession contract after the effective date of this title
replacing an existing concession contract, the existing
concessioner shall, instead of directly receiving such
possessory interest compensation, 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 leasehold 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.
(3) In the event that a new concessioner is awarded a
concession contract and is required to pay a prior concessioner
for possessory interest in prior improvements, the new
concessioner 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 termination date of the previous contract.
(c) Transition to Successor Concessioner.--Upon expiration or
termination of a concession contract entered into after the effective
date of this title, a concessioner shall be entitled under the terms of
the concession contract to receive from the United States or a
successor concessioner the value of any leasehold surrender interest in
a capital improvement as of the date of such expiration 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 concession
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 in the United States.
SEC. 406. REASONABLENESS OF RATES.
The reasonableness of a concessioner's rates and charges to the
public, unless otherwise provided in the contract, shall be judged
primarily by comparison with those rates and charges for facilities and
services of comparable character under similar conditions, with due
consideration for length of season, peakloads, average percentage of
occupancy, accessibility, availability and costs of labor and
materials, type of patronage, and other factors deemed significant by
the Secretary. A concessioner's rates and charges to the public shall
be subject to approval by the Secretary pursuant to the terms of the
concesssion contract. The approval process utilized by the Secretary
shall be as prompt and unburdensome to the concessioner as possible and
shall rely on market forces to establish reasonableness of rates and
charges to the maximum extent practicable.
SEC. 407. FRANCHISE FEES.
(a) In General.--A concession contract shall provide for payment 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 is 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 adequate and appropriate services for visitors at
reasonable rates.
(b) Amount of Franchise Fee.--The amount of the franchise fee or
other monetary consideration paid to the United States for the term of
the concession contract shall be specified in the concession contract
and may only be modified to reflect substantial, unanticipated changes
from the conditions anticipated as of the effective date of the
contract. The Secretary shall include in concession contracts with a
term of more than five years a provision which allows reconsideration
of the franchise fee at the request of the Secretary or the
concessioner in the event of such substantial, unanticipated changes.
Such provision shall provide for binding 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 a concession
contract shall be covered into a special account established in the
Treasury of the United States. The funds contained in such special
account shall be available for expenditure by the Secretary, subject to
appropriation, until expended for use in accordance with subsection
(d).
(d) Use of Franchise Fees.--Funds contained in the special account
shall be transferred to a subaccount and shall be allocated to each
applicable unit of the National Park System, based on the proportion
that the amount of concession contract fees collected from the unit
during the fiscal year bears to the total amount of concession contract
fees collected from all units of the National Park System during the
fiscal year, to fund high-priority resource management and visitor
services programs and operations.
SEC. 408. TRANSFER OF CONCESSION CONTRACTS.
(a) Approval of the Secretary.--No concession 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 of the Secretary.
(b) Conditions.--The Secretary shall not unreasonably withhold
approval of such a conveyance or pledge, and shall approve such
conveyance or pledge if the Secretary in his discretion determines
that--
(1) the individual, corporation or entity seeking to
acquire a concession contract is qualified to be able to
satisfy the terms and conditions of the concession contract;
(2) such conveyance or pledge is consistent with the
objectives of protecting and preserving park resources and of
providing necessary and appropriate facilities and services to
visitors at reasonable rates and charges; and
(3) the terms of such conveyance or pledge are not 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.
SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT ADVISORY BOARD.
(a) Establishment.--There is hereby established a National Park
Service Concessions Management Advisory Board (hereinafter 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 areas of the National Park System. Among
other matters, the Advisory Board shall advise on policies and
procedures intended to assure that services and facilities provided by
concessioners 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. The
Advisory Board shall also advise on ways to make National Park Service
concession programs and procedures more cost effective, efficient, and
less burdensome, including, but not limited to, providing
recommendations regarding National Park Service contracting with the
private sector to conduct appropriate elements of concessions
management and providing recommendations to make more efficient and
less burdensome the approval of concessioner rates and charges to the
public. In addition, the Advisory Board shall make recommendations to
the Secretary regarding the nature and scope of products which qualify
as Indian, Alaska Native, and Native Hawaiian handicrafts within this
meaning of this title. The Advisory Board, commencing with the first
anniversary of its initial meeting, shall provide an annual report on
its activities to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the United
States House of Representatives.
(b) Advisory Board Membership.--Members of the Advisory Board shall
be appointed on a staggered basis by the Secretary for a term not to
exceed four 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
employment of the Federal Government and not in the employment of or
having an interest in a National Park Service concession. Of the seven
members of the Advisory Board--
(1) one shall be privately employed in the hospitality
industry,
(2) one shall be privately employed in the tourism
industry,
(3) one shall be privately employed in the accounting
industry,
(4) one shall be privately employed in the outfitting and
guide industry,
(5) one shall be a State government employee with expertise
in park concession management,
(6) one shall be active in promotion of traditional arts
and crafts, and
(7) one shall be active in a nonprofit conservation
organization involved in the programs of the National Park
Service.
(c) 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.
(d) 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 provisions 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 of the United
States Code, or other comparable provisions of Federal law.
SEC. 410. CONTRACTING FOR SERVICES.
To the maximum extent practicable, the Secretary shall contract
with private entities to conduct the following elements of the
management of the National Park Service concession program suitable for
non-Federal fulfillment: Health and safety inspections, quality control
of concession operations and facilities, analysis of rates and charges
to the public, and financial analysis: Provided, That nothing in this
section shall diminish the governmental responsibilities and authority
of the Secretary to administer concession contracts and activities
pursuant to this title and the Act of August 25, 1916 (39 Stat. 535),
as amended (16 U.S.C. 1, 2-4). The Secretary shall also consider,
taking into account the recommendations of the National Park Service
Concessions Management Advisory Board, contracting out other elements
of the concession management program, as appropriate.
SEC. 411. USE OF NONMONETARY CONSIDERATION IN CONCESSION CONTRACTS.
The provisions of section 321 of the Act of June 30, 1932 (47 Stat.
412; 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 pursuant to this title.
SEC. 412. RECORDKEEPING REQUIREMENTS.
(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 concession contract have been and are being faithfully
performed, and the Secretary and his duly authorized representatives
shall, for the purpose of audit and examination, have access to said
records and to other books, documents, and papers of the concessioner
pertinent to the contract and all terms and conditions thereof.
(b) Access to Records.--The Comptroller General of the United
States or any of his duly authorized representatives shall, until the
expiration of five 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. 413. 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), is hereby repealed. The repeal of such
Act shall not affect the validity of any concession contract or permit
entered into under such 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 express terms and conditions of
any such contract or permit. References in this title to concession
contracts awarded under authority of Public Law 89-249 also apply to
concession permits awarded under such authority.
(b) Exception for Pending Contract Solicitations.--Notwithstanding
such repeal, the Secretary may award concession contracts under the
terms of Public Law 89-249 for concession contract solicitations for
which, as of August 1, 1998, a formal prospectus was issued by the
Secretary pursuant to the requirements of part 51 of title 36, Code of
Federal Regulations.
(c) Conforming Amendment.--The fourth sentence of section 3 of the
Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 3) is amended by
striking all through ``no natural'' and inserting in lieu thereof, ``No
natural,'' and, the last proviso of such sentence is stricken in its
entirety.
(d) ANILCA.--Nothing in this title amends, supersedes, or 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.
SEC. 414. PROMOTION OF THE SALE OF INDIAN, ALASKA NATIVE, AND NATIVE
HAWAIIAN HANDICRAFTS.
(a) In General.--Promoting the sale of United States authentic
Indian, Alaskan Native 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 where it 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, and Native Hawaiian handicrafts shall be exempt from any
franchise fee payments under this title.
SEC. 415. 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 an area of the National Park System are
not segmented or otherwise split into separate concession contracts for
the purposes of seeking to reduce anticipated annual gross receipts of
a concession contract below $500,000. The Secretary shall also
promulgate regulations which further define the term ``United States
Indian, Alaskan Native, and Native Hawaiian handicrafts'' for the
purposes of this title.
SEC. 416. COMMERCIAL USE AUTHORIZATIONS.
(a) In General.--To the extent specified in this section, the
Secretary, upon request, may authorize a private person, corporation,
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 concession 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 of Authorizations.--
(1) The authority of this section may be used only to
authorize provision of services that the Secretary will have
minimal impact on park resources and values and which are
consistent with the purpose for which the park unit was
established and with all applicable management plans and park
policies and regulations.
(2) 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 administrative costs;
(B) 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;
(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 appropriate 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 park pursuant to such authorization;
and
(2) the incidental use of park resources by commercial
operations which provide services originating and terminating
outside of the park's boundaries: Provided, That such
authorization shall not provide for the construction of any
structure, fixture, or improvement on federally-owned lands
within the boundaries of the park.
(d) Duration.--The term of any authorization issued under this
section shall not exceed two years. No preferential right of renewal or
similar provisions for renewal shall be granted by the Secretary.
(e) 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 concession
contracts.
TITLE V--FEE AUTHORITIES
SEC. 501. EXTENSION OF THE RECREATIONAL FEE DEMONSTRATION PROGRAM.
(a) Authority.--The authority provided to the National Park Service
under the Recreational Fee Demonstration Program authorized by section
315 of Public Law 104-134 (16 U.S.C. 460l-6a note)--
(1) is extended through September 30, 2005; and
(2) shall be available for all units of the National Park
System, and for system-wide fee programs.
(b) Report.--(1) Not later than September 30, 2000, the Secretary
shall submit to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the United
States House of Representatives a report detailing the status of the
recreational fee demonstration program conducted in units of the
National Park System under section 315 of Public Law 104-134 (16 U.S.C.
460l-6a note).
(2) The report under paragraph (1) shall contain--
(A) an evaluation of the fee demonstration program
conducted at each unit of the National Park System;
(B) with respect to each unit of the National Park System
where a fee is charged under the authority of the Recreational
Fee Demonstration Program (16 U.S.C. 460l-6a note), a
description of the criteria that were used to determine whether
a recreational fee should or should not be charged at such
park; and
(C) a description of the manner in which the amount of the
fee at each national park was established.
(c) Notice.--At least 12 months notice shall be given to the public
prior to the increase or establishment of any fee in units of the
National Park System.
SEC. 502. COMMERCIAL FILMING ACTIVITIES.
(a) Commercial Filming.--The Secretary shall require a permit and
shall establish a reasonable fee for commercial filming activities in
units of the National Park System. Such fee shall provide a fair return
to the United States and shall be based upon the following criteria, in
addition to such other factors as the Secretary deems necessary: The
number of days the filming takes place within a park unit, the size of
the film crew, the amount and type of equipment present, and any
potential impact on park resources. The Secretary is also directed to
recover any costs incurred as a result of filming activities, including
but not limited to administration and personnel costs. All costs
recovered are in addition to the assessed fee.
(b) Still Photography.--(1) Except as provided in paragraph (2),
the Secretary shall not require a permit or assess a fee for commercial
or noncommercial still photography of sites or resources in units of
the National Park System in any part of a park where members of the
public are generally allowed. In other locations, the Secretary may
require a permit, fee, or both, if the Secretary determines that there
is a likelihood of resource impact, disruption of the public's use and
enjoyment of the park, or if the activity poses health or safety risks.
(2) The Secretary shall require the issuance of a permit and the
payment of a reasonable fee for still photography that utilizes models
or props which are not a part of a park's natural or cultural features
or administrative facilities.
(c) Proceeds.--(1) Fees collected within units of the National Park
System under this section shall be deposited in a special account in
the Treasury of the United States and shall be available to the
Secretary, without further appropriation for high-priority visitor
service or resource management projects and programs for the unit of
the National Park System in which the fee is collected.
(2) All costs recovered under this section shall be retained by the
Secretary and shall remain available for expenditure in the park where
collected, without further appropriation.
SEC. 503. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES.
Not later than six months after the date of enactment of this
title, the Secretary 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 apportioned to each agency on the basis
of the ratio of each agency'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
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.
SEC. 602. NATIONAL PARK PASSPORT PROGRAM.
(a) Program.--The Secretary shall establish a national park
passport program. A national park passport shall include a collectible
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.
(a) Stamp Design Competition.--(1) 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) Sale of Passports and Stamps.--(1) National park passports and
stamps shall be sold through the National Park Service and may be sold
by private vendors on consignment in accordance with 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 determined 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) Amounts collected 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 passports
and stamps.
(e) Fee.--The fee for a national park passport and stamp shall be
$50.
SEC. 604. INTERNATIONAL PARK PASSPORT PROGRAM.
(a) In General.--The Secretary shall establish an international
park passport program in accordance with the other provisions of this
title except as provided in this section.
(b) Availability.--An international park passport and stamp shall
be made available exclusively to foreign visitors to the United States.
(c) Sale.--International park passports and stamps shall be
available for sale exclusively outside the United States through
commercial tourism channels and consulates or other offices of the
United States.
(d) Fee.--International park passports and stamps shall be sold for
a fee that is $10.00 less than the fee for a national park passport and
stamp, but not less than $40.00.
(e) Form.--An international park passport and stamp shall be
produced in a form that provides useful information to the
international visitor and serves as a souvenir of the visit.
(f) Effective Period.--An international park passport and stamp
shall be valid for a period of 45 days from the date of purchase.
(g) Use of Proceeds.--Amounts collected from the sale of
international park passports and stamps shall be deposited in the
special account under section 603(c) and shall be available as provided
in section 603(c).
(h) Termination of Program.--The Secretary shall terminate the
international park passport program at the end of calendar year 2003
unless at least 200,000 international park passports and stamps are
sold during that calendar year.
SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.
(a) Park Passport Not Required.--A national park passport or
international 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. 460l-6a(a)(2)) or the
Recreational Fee Demonstration Program (16 U.S.C. 460l-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.
460l-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. 460l-6a(a)(1)(A)) or the Recreational Fee Demonstration
Program (16 U.S.C. 460l-6a note) shall be honored for admission to each
unit of the National Park System.
(c) Access.--A national park passport and an international 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 or international 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 or international
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. 460l-6a(b)) or
the Recreational Fee Demonstration Program (16 U.S.C. 460l-6a note).
TITLE VII--NATIONAL PARK FOUNDATION SUPPORT
SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.
The Act entitled ``An Act to establish the National Park
Foundation'', approved December 18, 1967 (16 U.S.C. 19 et seq.) is
amended by adding at the end thereof the following:
``SEC. 12. PROMOTION OF LOCAL FUNDRAISING SUPPORT.
``(a) Establishment.--The Foundation shall design and implement 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
management-improving suggestions for local nonprofit support
organizations.
``(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
nonprofit 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 section
requires--
``(A) a nonprofit support organization or friends
group in existence on the date of enactment of this
title to modify current practices or to affiliate with
the Foundation; 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 affiliation 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.
(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 the date
of enactment of this title, the Secretary shall submit to the
Committees on Energy and Natural Resources and Appropriations 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.
SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS.
(a) In General.--Section 3 of Public Law 91-383 (16 U.S.C. 1a-2) is
amended by adding at the end the following:
``(k) Leases.--
``(1) In general.--The Secretary may enter into a lease
with any person or governmental entity for the use of buildings
and associated property administered by the Secretary as part
of the National Park System.
``(2) 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.
``(3) Rental amounts.--
``(A) In general.--With respect to a lease under
paragraph (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.
``(4) 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
appropriation, 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.
``(C) Accountability and results.--The Secretary
shall develop procedures for the use of the special
account that ensure accountability and demonstrated
results consistent with this Act.
``(l) Cooperative Management Agreements.--
``(1) In general.--Where a unit of the National Park System
is located adjacent to or near a State or local park area, and
cooperative management between the National Park Service and a
State or local government agency of a portion of either park
will allow for more effective and efficient management of the
parks, the Secretary is authorized to enter 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: Provided, That the Secretary may not transfer
administration responsibilities for any unit of the National
Park System.
``(2) Provision of goods and services.--Under a cooperative
management agreement, the Secretary may acquire from and
provide to a State or local government agency goods and
services to be used by the Secretary and the State or local
governmental agency in the cooperative management of land.
``(3) Assignment.--An assignment arranged by the Secretary
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 is
directed to simplify, to the maximum extent possible, the leasing
process for historic properties with the goal of leasing available
structures in a timely manner.
Passed the Senate June 11, 1998.
Attest:
Secretary.
105th CONGRESS
2d Session
S. 1693
_______________________________________________________________________
AN ACT
To provide for improved management and increased accountability for
certain National Park Service programs, and for other purposes.