[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1693 Introduced in Senate (IS)]
105th CONGRESS
2d Session
S. 1693
To renew, reform, reinvigorate, and protect the National Park System.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 1998
Mr. Thomas (for himself and Mr. Abraham) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To renew, reform, reinvigorate, and protect the National Park System.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``Vision 2020 National Parks
Restoration Act''.
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--MANAGEMENT REFORM
Sec. 101. Definitions.
Sec. 102. Protection and interpretation of resources.
Sec. 103. Management and career training.
Sec. 104. Strategic management objectives.
Sec. 105. Annual budgets for National Park System.
TITLE II--PROCEDURES FOR ESTABLISHMENT OF NEW NATIONAL PARKS
Sec. 201. Studies of areas for potential inclusion in the National Park
System.
TITLE III--RECREATIONAL FEE DEMONSTRATION PROGRAM
Sec. 301. Extension of the recreational fee demonstration program.
TITLE IV--CONCESSION REFORM
Sec. 401. Purpose.
Sec. 402. Definitions.
Sec. 403. National Park Service Concession Board.
Sec. 404. Concession Manager.
Sec. 405. Concession contracts.
Sec. 406. Revenue flow; fees to the Government.
Sec. 407. Suspension or termination of concession contract.
Sec. 408. Reporting.
Sec. 409. Promotion of the sales of Indian and Alaska Native
handicrafts.
Sec. 410. Use of nonmonetary consideration in leases of Government
property.
Sec. 411. Applicability of NEPA to renewals and extensions of similar
contracts.
Sec. 412. Miscellaneous.
TITLE V--NATIONAL PARK PASSPORT PROGRAM
Sec. 501. Purposes.
Sec. 502. Definitions.
Sec. 503. National park passport program.
Sec. 504. Administration.
Sec. 505. International park passport program.
Sec. 506. Authorization of appropriations.
Sec. 507. Effect on other laws and programs.
TITLE VI--NATIONAL PARKS RESOURCE INVENTORY AND MANAGEMENT
Sec. 601. Purposes.
Sec. 602. Definitions.
Sec. 603. Unit resource study program.
Sec. 604. Cooperative agreements and contracts.
Sec. 605. Inventory and monitoring program.
Sec. 606. Availability of national parks for scientific study.
Sec. 607. Integration of study results into management decisions.
Sec. 608. Confidentiality of information concerning the nature and
location of sensitive resources.
Sec. 609. Authorization of appropriations.
TITLE VII--DESIGNATION OF TAX REFUNDS AND CONTRIBUTIONS FOR THE BENEFIT
OF THE NATIONAL PARKS
Sec. 701. Tax refunds and contributions.
Sec. 702. National Parks Trust Fund.
Sec. 703. Expenditures from the National Parks Trust Fund.
TITLE VIII--NATIONAL PARK FOUNDATION
Sec. 801. Promotion of local fundraising support.
TITLE IX--COMMERCIAL FILMING IN NATIONAL PARKS
Sec. 901. Definitions.
Sec. 902. Commercial filming in national parks.
TITLE X--CAPITAL IMPROVEMENT PROJECT BOND DEMONSTRATION PROGRAM
Sec. 1001. Findings.
Sec. 1002. Capital improvement projects.
Sec. 1003. Issuance of obligations.
Sec. 1004. Financing.
Sec. 1005. Report.
TITLE XI--MISCELLANEOUS
Sec. 1101. United States Park Police.
Sec. 1102. Leases and cooperative management agreements.
SEC. 2. DEFINITIONS.
In this Act:
(1) National park.--The term ``national park'' means a unit
of the National Park System.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
TITLE I--MANAGEMENT REFORM
SEC. 101. DEFINITIONS.
In this title, the term ``Ranger Career Directive'' means National
Park Special Directive 94-3, entitled ``Ranger Careers''.
SEC. 102. PROTECTION AND INTERPRETATION OF RESOURCES.
Recognizing the ever increasing societal pressures being placed
upon America's unique park resources by population growth,
urbanization, and the general loss of natural habitats, the Secretary
shall continually improve the ability of the National Park System to
provide state-of-the-art protection and interpretation to the resources
of the National Park System.
SEC. 103. MANAGEMENT AND CAREER TRAINING.
(a) Responsibilities.--The park rangers shall be responsible for
protecting, interpreting, managing, and educating the public about the
natural and cultural resources contained within the national parks as
well as serving and protecting park visitors.
(b) Ranger Career Program.--
(1) In general.--The Secretary shall strengthen and enhance
the park ranger occupation through the ranger careers program
designed to enable park rangers to meet competently the various
new and increasingly difficult challenges that will confront
the national parks in the future.
(2) Staffing.--The Associate Director for Park Operations
and Education, with administrative support from other units of
the National Park Service, shall recruit, hire, train, develop,
and oversee the operations of park rangers in a consistent and
professional manner.
(3) Career training.--The Secretary shall establish a park
ranger careers program (including a training and competency
development program) to provide a managed career progression
from the entry level through the senior executive level of the park
ranger occupation.
(4) Management positions.--
(A) In general.--The Secretary shall place
management positions, including those of park
superintendent and higher management levels within the
National Park Service, within the park ranger series.
(B) Other occupations.--The Secretary shall ensure
that appropriate measures are taken, which shall
include the provision of qualifying academic course
work, so that high potential managerial candidates
serving in other occupations within the National Park
Service have an opportunity to achieve the fundamental
qualifications established for park manager positions.
(5) Specialized positions.--The Secretary shall ensure that
candidates for higher level and specialized park operations
positions in the National Park Service, such as education
specialists, interpretation specialists, criminal
investigators, and other single-focus positions for which a
background in general park operations is desirable, are drawn
primarily from among park rangers.
(6) Design phase.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
complete the design phase of the Ranger Careers
program, implementing all aspects of the program
contained in the Ranger Careers Directive.
(B) Educational requirements.--
(i) Development.--The Secretary, in
accordance with the Ranger Careers Directive
and in conjunction with the Director of the
Office of Personnel Management, shall develop
new qualification and classification standards
for park rangers within the National Park
Service.
(ii) Standards.--Park ranger qualification
and classification standards shall ensure that
a park ranger will be considered a professional
occupation having an entry level course of
study.
(iii) Course requirements.--The qualifying
academic background and baccalaureate level
degrees for park rangers, regardless of degree
title, shall contain significant coursework of
at least 24 semester hours in the natural or
cultural sciences or history, received from an
accredited institution of higher education.
(7) Park ranger workforce.--
(A) In general.--Through the Ranger Careers
program, the Secretary shall ensure that--
(i) the park rangers continue their
traditional focus on protecting, managing,
interpreting, and educating the public about
park resources and managing the use of national
parks by the public;
(ii) the park rangers will be managed and
organized according to its 2 traditional
functions of resource and visitor protection
and resource education and interpretation;
(iii) both functions of park rangers will
share responsibility for managing the public
use of national parks;
(iv) law enforcement commissioned park
rangers will focus primarily on resources law
enforcement and criminal investigations, while
also performing public service, resource
interpretation, resource education, resource
management, and other general duties necessary
to protect resources and visitors in parks; and
(v)(I) medical and physical fitness
qualification standards for designated law
enforcement and firefighter park ranger
positions reflect the medical and physical
fitness standards necessary for rigorous law
enforcement and firefighting work; and
(II) medical and physical fitness standards
are developed and implemented for other
physically rigorous park ranger duties in
national parks, such as scuba diving, high
altitude and high-angle search and rescue,
emergency medicine, wilderness and winter
operations, caving, and other duties.
(B) Precedence of fitness standards.--The medical
and physical fitness standards applicable under
subparagraph (A)(v) shall be considered to be
appropriate job performance tests for purposes of the
Age Discrimination in Employment Amendments of 1996
(110 Stat. 3009-23), the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 621 et seq.), and
other Federal law relating to discrimination on the
basis of age.
(8) Operational phase.--
(A) In general.--On completion of the design phase
of the park ranger Careers program, the Secretary shall
implement the operational phase of the program.
(B) Components.--The Secretary shall implement--
(i) the Service-wide park ranger occupation
replenishment and diversity plan;
(ii) the 2-year candidate park ranger
training and development program, which program
shall include philosophical and organizational
orientation training for all new park rangers;
(iii) the revised park ranger qualification
and classification system;
(iv) the park ranger competency
certification system; and
(v) any other measures necessary to ensure
that a fully competent park ranger force is
attained and maintained.
(9) Centralized management.--The Secretary shall centrally
manage the park ranger workforce, with sufficient human and
financial resources made available by the Secretary to operate
a modern career management system for park rangers.
(10) Biennial report.--The Secretary shall report
biennially to Congress on the current and projected future
ability of park rangers to achieve the assigned role of park
rangers in achieving the mission of the National Park Service
to conserve park resources unimpaired for future generations
while providing for the enjoyment by the public of those
resources.
(c) Funding.--From amounts made available to the Secretary from the
fee demonstration program under title III, the Secretary shall use a
portion of not to exceed $10,000,000 per year, for the implementation
and operation of the park ranger Career program.
(d) Reports.--The Secretary shall report regularly to Congress on
the state of the park ranger occupation.
SEC. 104. STRATEGIC MANAGEMENT OBJECTIVES.
(a) In General.--During 2000 and biennially thereafter, the
Secretary shall implement a strategic management plan for the National
Park Service.
(b) Focus.--The strategic management plan shall focus on functions
performed at the national headquarters, regional offices, support
offices, service centers, and national parks.
(c) Objectives.--The strategic management plan shall have
measurable management objectives designed to--
(1) implement procedures to ensure that national parks and
offices operate with measurable goals and objectives that
ensure strict budget accountability;
(2) determine at which levels the various functions can
best be performed;
(3) evaluate whether specific activities could be
consolidated or eliminated; and
(4) evaluate the possibility of increasing the use of the
private sector in individual National Park Service functions.
(d) Report.--Not later than September 30, 2000, the Secretary shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives a report
detailing the actions that will be implemented as a result of the
strategic management plan.
SEC. 105. ANNUAL BUDGETS FOR NATIONAL PARK SYSTEM.
(a) In General.--As early as practicable before each fiscal year,
the superintendent or manager of each national park, central office,
and support office of the National Park System shall develop and make
available to the public a comprehensive annual budget for the national
park, central office, and support office, respectively.
(b) Contents.--A budget for a national park under subsection (a)
shall--
(1) describe in detail the annual operating budget for the
national park; and
(2) reflect the relationships among costs, service levels,
and performance standards in the national park.
TITLE II--PROCEDURES FOR ESTABLISHMENT OF NEW NATIONAL PARKS
SEC. 201. 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;
(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) In general.--At the beginning of each calendar year,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources
of the House of Representatives a list of areas recommended for
study for potential inclusion as new units in the National Park
System.
``(2) Factors used in developing list.--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) congressional requests.
``(3) Specific authorization.--No study of the potential of
an area for inclusion in the National Park System may be
initiated after the date of enactment of the Vision 2020
National Parks Restoration Act, except as provided by specific
authorization of an Act of Congress.
``(4) Planning activities.--Nothing in this subsection
limits the authority of the Secretary to expend not more than
$25,000 on any 1 of the following:
``(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.
``(F) Completion of a reconnaissance survey of an
area.
``(5) 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.
``(6) Public involvement.--In conducting a study under this
subsection, the Secretary shall--
``(A) provide an opportunity for public
involvement, including at least 1 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.
``(7) Factors used in conducting study.--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 1 of the most important
examples 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) the public use potential of the
area;
``(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 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 appropriate for the
area;
``(D) shall identify what alternative or
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.
``(8) Preferred management option.--The letter transmitting
a completed study to Congress shall contain a recommendation
regarding the preferred management option of the Secretary for
the area, and the numerical priority ranking for the area in
the current list established under subsection (d).
``(9) Deadline for studies.--Not later than 3 complete
fiscal years after the date of enactment of an Act of Congress
providing specifically for the study of an area for potential
inclusion in the National Park System, the Secretary shall
complete the study of the area for potential inclusion in the
System.
``(c) Office.--The Secretary shall establish a single office to
carry out this section.
``(d) List of Previously Studied Areas With Historical or Natural
Resources.--
``(1) In general.--At the beginning of each calendar year,
the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and to the Committee on
Resources of the 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) Priority.--Each list under paragraph (1) shall list
areas in numerical order of priority for addition to the
National Park System.
``(3) Factors.--In developing a list under paragraph (1),
the Secretary shall consider the factors described in
subsection (b)(2).
``(3) Supporting data.--The Secretary shall include on a
list under paragraph (1) only areas for which supporting data
are current and accurate.''.
TITLE III--RECREATIONAL FEE DEMONSTRATION PROGRAM
SEC. 301. 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, except that no recreational admission fee may be
charged at Great Smoky Mountains National Park and Lincoln Home
National Historic Site.
(b) Report.--
(1) In general.--Not later than September 30, 2000, the
Secretary of the Interior shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives a report detailing
the status of the recreational fee demonstration program
conducted in national parks under section 315 of Public Law
104-134 (16 U.S.C. 460l-6a note).
(2) Contents.--The report under paragraph (1) shall
contain--
(A) an evaluation of the fee demonstration program
conducted at each national park;
(B) with respect to each national park, a
description of the criteria that were used to determine
whether a recreational fee should or should not be
charged at the national park; and
(C) a description of the manner in which the amount
of the fee at each national park was established.
TITLE IV--CONCESSION REFORM
SEC. 401. PURPOSE.
(a) In General.--The purpose of this title is to provide for the
continuing involvement of the private sector in the delivery of high-
quality goods and services in the national parks.
(b) Determination.--To accomplish the purpose of this title,
Congress has determined that it is in the best interest of visitors to
national parks that--
(1) the contribution of the private sector to the
administration of and investment in the national parks,
particularly in the area of visitor services, be an important
element of a coordinated program to reinvigorate the national
parks for the future;
(2) the Secretary continue to solicit persons to enter into
contracts with the United States to provide the goods and
services at each national park that are necessary or desirable
to provide for public visitation and enjoyment of the national
park, in a manner that will ensure the conservation and
preservation of the natural, cultural, and biological resources
for which the national park was established;
(3) substantial economies and improved service to park
visitors be achieved by directing the Secretary to contract
with an independent third-party asset manager, with substantial
experience in the hospitality, food service, and retail sectors
and with recognized business and financial expertise, to
undertake many of the functions now conducted by government
employees concerning contract preparation and solicitation,
contractor selection, program development, and performance
evaluation;
(4) the administration of contracts be simplified while
ensuring compliance with the terms, conditions, and provisions
of each contract;
(5) contractors be given adequate incentives to invest in
improvements that support their operations, by affording
contractors a reasonable opportunity to profit from each
contract and achieve a reasonable return on any investments
made;
(6) the bidding procedures for contracts be revised and
clarified to increase the competition for each contract, in
particular in circumstances in which the Secretary believes
that goods and services provided under a contract should be
significantly enhanced;
(7) to the extent consistent with paragraphs (1) through
(6), each contract provide for payment of fees or other
monetary or nonmonetary consideration to the United States for
the benefit of the national park relating to the contract, and,
in certain cases, for the benefit of national parks generally,
in order to further enhance the visitor services provided by
the National Park Service in each national park; and
(8) certain transitional rules may be necessary to prevent
dislocation and to ensure that the United States honors
commitments under contracts entered into before the date of enactment
of this Act.
SEC. 402. DEFINITIONS.
In this title:
(1) Capital improvement.--The term ``capital improvement''
means a capital investment made by a concessionaire in a
structure, fixture, or nonremovable equipment located in a
national park that would be capitalized under generally
accepted accounting principles.
(2) Concessionaire.--The term ``concessionaire'' means a
person providing a concession service under a concession
contract with the Secretary.
(3) Concession board.--The term ``Concession Board'' means
the Concession Board appointed under section 403.
(4) Concession manager.--The term ``Concession Manager''
means the Concession Manager of the National Park Service
appointed under section 404.
(5) Consumer price index.--The term ``Consumer Price
Index'' means--
(A) the Consumer Price Index--All Urban Consumers
published by the Bureau of Labor Statistics of the
Department of Labor; or
(B) if the index specified in subparagraph (A) is
not published, the Consumer Price Index or other
regularly published cost-of-living index chosen by the
Secretary that approximates the index specified in
subparagraph (A).
(6) Maintenance account.--The term ``maintenance account''
means a segregated account established by a concessionaire, as
required by a concession contract, for the maintenance of a
structure or other equipment assigned to the concessionaire
under the concession contract that directly supports the
services provided by the concessionaire.
SEC. 403. NATIONAL PARK SERVICE CONCESSION BOARD.
(a) Establishment.--There is established within the National Park
Service a Concession Board.
(b) Membership.--The Concession Board shall be composed of--
(1) 6 individuals appointed by the Secretary, of whom--
(A) 3 shall be past or present employees of the
National Park Service with substantial experience in
concession management; and
(B) 3 shall be individuals (other than employees of
the National Park Service or concessionaires) with
substantial experience in the hospitality industry who
have no financial interest in a concessionaire and have
no other direct or indirect conflict of interest
respecting any concessionaire, the Department of the
Interior, or any public interest, political action, or
other group or association that actively engages in
lobbying activities concerning the national parks; and
(2) the Secretary, who shall serve as chairperson.
(c) Term.--
(1) In general.--A member of the Concession Board appointed
under subsection (b)(1) shall be appointed for a term not to
exceed 4 years.
(2) Staggered terms.--The Secretary may stagger the terms
of members appointed under subsection (b)(1).
(3) Vacancies.--The Secretary may appoint a member to serve
for the unexpired term of any departing member.
(d) Functions.--The Concession Board shall--
(1)(A) assist the Secretary in the preparation and issuance
of a solicitation for proposals from persons that satisfy the
criteria established in section 404(a)(3) to serve as
Concession Manager;
(B) review all proposals received and interview all persons
that meet the requirements as specified in the solicitation for
proposals; and
(C) submit to the Secretary a recommendation for
appointment of the Concession Manager;
(2) review decisions of the Concession Manager and make
recommendations to the Secretary regarding--
(A) the selection of concessionaires; and
(B) such other matters as the Secretary may refer
to the Concession Board;
(3) make recommendations to the Secretary regarding--
(A) allocation of fees collected from
concessionaires for the purposes of section 406; and
(B) how much funding should be allocated to
individual national parks after concession capital
improvement programs and maintenance operations are
funded; and
(4) mediate disputes between the concessionaires and the
Concession Manager or national park superintendents and make
recommendations to the Secretary regarding resolution of the disputes.
SEC. 404. CONCESSION MANAGER.
(a) Appointment.--
(1) Contract award.--The Secretary shall award a single
contract for the appointment of a Concession Manager for all
national parks.
(2) Selection.--The contract under paragraph (1) shall be
awarded to the person that submits the best proposal, as
determined by the Secretary after taking into account the
recommendation of the Concession Board.
(3) Criteria.--The Concession Manager shall be an
independent, nongovernmental entity--
(A) that has substantial experience in the
management of large hotel, food service, retail, and
recreational properties; and
(B) that has no financial interest in a
concessionaire or any other direct or indirect conflict
of interest respecting any concessionaire, the
Department of the Interior, or any other public
interest, political action, or other group or
association that actively engages in lobbying
activities concerning the national parks.
(b) Term.--The term of a contract under subsection (a) shall not
exceed 10 years.
(c) Functions.--The Concession Manager shall--
(1) solicit, negotiate, and enforce the terms and
conditions of concession contracts in compliance with this
title; and
(2) submit recommendations to the Secretary regarding the
award of concession contracts, including--
(A) prescription of an economically viable scope of
work to be performed (including, if applicable, a
capital investment requirement) that is economically
sufficient to generate bidding interest for the
concession contract from qualified individuals or
businesses;
(B) establishment of the terms and conditions of a
concession contract in accordance with section 405(a);
(C) determine whether to renew a contract without
issuance of a prospectus as permitted under section
405(g);
(D) develop a capital improvement and maintenance
program for all concession facilities, including
development of--
(i) overall facility standards based on
comparable industry standards; and
(ii) site-specific capital improvement and
maintenance programs for the areas in which
concession activities will be conducted;
(E) develop a quality-assurance plan for each
concession operation in accordance with subsection (e);
(F) conduct periodic inspections to ensure that the
terms and conditions of a concession contract are fully
complied with and that the standards developed under a
quality assurance plan are met;
(G) on a regular basis, conduct visitor surveys
seeking information regarding concession activities;
and
(H) review general management and development
concept plans prepared by the National Park Service and
identify provisions of a plan that create undue
operational or financial burdens on concessionaires or
are otherwise incompatible with the visitation service
needs of a national park.
(d) Prospectus Requirements.--Any prospectus issued by the
Concession Manager shall, at a minimum, include--
(1) a description of the character, timing, and amount of
any capital investments that will be required under the
concession contract, including the payment of the value of
possessory interest or leaseholder surrender value under
section 405(b)(1)(G), if any, to the departing concessionaire,
as applicable and consistent with section 405;
(2) a detailed description of the areas, structures,
fixtures, and nonremovable equipment to be leased or assigned
to the concessionaire, and the rental, if any, attributable to
government-owned buildings not subject to a leasehold surrender
value;
(3) a description of any quality assurance plan developed
for the concession contract under subsection (e);
(4) the minimum amount that will be required to be
contributed to any maintenance account specified in the
concession contract in accordance with section 405(d), and the
current balance of any existing maintenance account that will
be transferred to the concessionaire, with a detailed
description of any maintenance standards that are required to
be adhered to by the concessionaire;
(5) the term of the concession contract in accordance with
section 405(e);
(6) a description of all fees sought by the Government in
connection with the concession contract;
(7) a description of any personal property to be sold by
the departing concessionaire and the cost of the personal
property;
(8) a description of any special rights held by third
parties or limitations that have been or are anticipated to be
imposed on the operations of the national park that might
materially affect the proposal; and
(9) the criteria that will be used to qualify the bidders
and evaluate any proposal received (including experience,
financial capability, record relative to resource protection,
quality of service relative to facilities assigned, and capital
commitment).
(e) Quality Assurance Plan Requirements.--A quality assurance plan
for a concession contract--
(1) shall be tailored to the nature and character of the
goods and services provided under the concession contract;
(2) may be based on comparable industry standards;
(3) shall be included in contracts as awarded; and
(4) shall have the purpose of maximizing the quality of
service provided to the public consistent with the terms of the
concession contract and the nature and character of the
facilities operated under the concession contract.
(f) Funding of Consideration.--All consideration paid to the
Concession Manager under a contract under subsection (a) shall be
funded with concession contract fees and paid to the Concession Manager
in accordance with section 406.
(g) Staffing of the National Park Service.--
(1) Regional and national offices.--Not later than 2 years
after the date of enactment of this Act--
(A) each regional office shall retain 1 National
Park Service employee to act as concession coordinator
for the region of the office; and
(B) the headquarters of the National Park Service
in Washington, D.C., shall retain 3 members of the
staff to act as concession coordinators for all
national parks.
(2) Park service employees.--No career full-time employee
of the National Park Service assigned to concession operations
at the time at which the Concession Manager is selected shall
be separated from the National Park Service by reason of
turning the management of concession operations over to the
Concession Manager.
(3) Internal hiring.--Any career full-time employee of the
National Park Service employed under the auspices of the
concession program on the date of enactment of this Act shall
be given priority placement for any available position within
the National Park System notwithstanding any priority
reemployment lists, directives, rules, regulations, or other
orders of the Department of the Interior, the Office of
Management and Budget, or any other Federal agency.
SEC. 405. CONCESSION CONTRACTS.
(a) In General.--
(1) Terms and conditions.--A concession contract shall
include--
(A) terms and conditions that are consistent with
this title, the general management plan of a national
park, and such matters as the Secretary may prescribe
regarding resource protection and other National Park
Service concerns; and
(B) provisions relating to a description of the
goods and services that shall or may be provided under
the concession contract, and the minimum contract
requirements with respect to the goods and services,
including--
(i) visitor services;
(ii) purchased goods;
(iii) interpretation;
(iv) park administrative functions;
(v) employee housing and other nonincome
producing facilities; and
(vi) other services or activities.
(2) Franchise fees.--
(A) Contract specification.--The amount of a
franchise fee for the privilege of providing concession
services under this title shall be specified in a
concession contract.
(B) Contents.--The franchise fee for a concession
contract may include any of the following:
(i) An annual cash payment for the
privilege of providing concession services.
(ii) Fees for rental or lease of
Government-owned facilities or land occupied by
the concessionaire.
(iii) Expenditures for maintenance of or
improvements to Government-owned facilities
occupied by the concessionaire.
(3) Minimum acceptable fee.--
(A) In general.--The Concession Manager shall
establish a minimum fee for each applicable category
specified in paragraph (2)(B) that is acceptable to the
Secretary.
(B) Bases.--The amount of a minimum fee shall be
based on--
(i) historical data, if available; and
(ii) industry-specific and other market
data available to the Secretary and the
Concession Manager.
(4) Adjustment of fees.--No franchise fee or other fee
collected in connection with a concession contract shall be
subject to adjustment during the term of the concession
contract except in accordance with a mathmatical formula
specified in the concession contract.
(b) Capital Improvements.--
(1) Possessory interests under existing contracts.--
(A) Compensation by appraisal.--Not less than 12
months before the expiration of a concession contract
existing on the date of enactment of this Act under
which the concessionaire holds a possessory interest,
if the amount of compensation has not been agreed to
previously by the Secretary and the concessionaire, the
concessionaire shall submit to the Secretary an
independent appraisal of the sound value (as defined in
Public Law 89-249 (16 U.S.C. 20 et seq.) of the
structures, fixtures, or improvements in which the
concessionaire has a possessory interest under Public
Law 89-249 (16 U.S.C. 20 et seq.).
(B) Appraisals.--
(i) Timing.--An appraisal under
subparagraph (A)--
(I) shall be performed by an
appraiser with significant experience
in the appraisal of assets similar to
those to be valued in the appraisal;
and
(II) shall be dated as of a date
not earlier than the date that is 18
months before the date of expiration of
the concession contract.
(ii) Post-appraisal acquisitions.--Any
structure, fixture, or improvement acquired or
constructed after the date of the appraisal in
which the concessionaire holds a possessory
interest shall be deemed to have a sound value
as of the date of acquisition or construction
equal to the concessionaire's original cost
adjusted for any physical deterioration of the
structure, fixture, or improvement.
(C) Possessory interests.--
(i) Purchase.--The Secretary shall pay (or
cause the succeeding concessionaire to pay) to
the concessionaire for the concessionaire's
possessory interest, on the termination of the
contract, an amount equal to--
(I) the appraised sound value (as
determined under this section); or
(II) the concessionaire's original
cost for newly constructed or acquired
structures, fixtures, or improvements
as set forth in paragraph (2);
as applicable, increased by the percentage
increase in the Consumer Price Index from the
month in which the appraisal was made to the
date of payment.
(ii) Payment.--The amount under clause (i)
shall be paid not later than 30 days after the
date of termination of the contract or 30 days
after the date of the determination of the
amount, except to the extent that the amount is
carried forward under subparagraph (F).
(D) Appraisal disputes.--
(i) Second appraisal.--If the Secretary
disagrees with the appraisal submitted by a
concessionaire, the Secretary may, not less
than 90 days after receipt of the
concessionaire's appraisal, present the
concessionaire with an independent appraisal
performed by an appraiser with significant
experience in the appraisal of assets similar
to those valued in the appraisal submitted by
the concessionaire, dated as of the same date
as the concessionaire's appraisal.
(ii) Selection of third appraisal.--If the
Secretary and the concessionaire are unable to
agree on the appraised value within 30 days
after the concessionaire receives the
Secretary's appraisal, the Secretary's
appraiser and the concessionaire's appraiser
shall choose a third appraiser.
(iii) Court determination.--If the
Secretary fails to make a determination within
60 days after receipt of a report by the third
appraiser, the concessionaire may petition the
United States Court of Federal Claims for a
determination of the value of the possessory
interest. Subject to the right of appeal, a
determination by the court shall be binding for
purposes of this section on all parties.
(E) Payment.--The concessionaire shall pay the cost
of the concessionaire's appraisal and the United States
shall pay the cost of the Secretary's appraisal. If a
third appraiser is selected under subparagraph (D), the
cost of the third appraisal shall be shared equally by
the concessionaire and the United States.
(F) Conversion to leasehold surrender value.--
(i) Valuation of capital improvements.--To
the extent that a succeeding concessionaire
pays for the possessory interest of a preceding
concessionaire, the amount paid--
(I) shall constitute the initial
leaseholder surrender value respecting
the applicable capital improvements at
the commencement of the concession
contract; and
(II) shall be valued in accordance
with paragraph (2).
(ii) Carryover amounts.--If an existing
concessionaire is awarded a concession
contract, the existing concessionaire shall
carry over, as leasehold surrender value under
paragraph (2), the amount that any other bidder
on the concession contract would have paid to
the existing concessionaire under the
concession contract, with the remainder of any
amount payable to the existing concessionaire
to be paid under subparagraph (C).
(2) Leasehold surrender value under new concession
contracts.--
(A) In general.--Each concession contract that
contemplates capital investment by the concessionaire
in any capital improvements shall contain a provision
requiring that on the expiration or other termination
of the concession contract, the Secretary shall pay, or
cause the person that is awarded the successor
concession contract to the concession contract to pay,
to the concessionaire, as compensation for the
concessionaire's investment in the capital improvement,
the leasehold surrender value determined under
subparagraph (B).
(B) Computation of leasehold surrender value.--
(i) Property right.--A concessionaire shall
have a property right in each capital
improvement in which the concessionaire makes
an investment as contemplated by the concession
contract, consisting solely of a right to
compensation for the capital improvement to the
extent of the concessionaire's leasehold
surrender value in the capital improvement.
(ii) Property right as collateral.--A
property right under clause (i)--
(I) may be given as security for
financing of a capital improvement; and
(II) shall be transferred in
connection with any transfer of the
concession contract under subsection
(f).
(iii) Duration.--The leasehold surrender
value--
(I) shall not be extinguished by
the expiration or other termination of
a concession contract; and
(II) may not be taken for public
use, except on payment of just
compensation.
(iv) Calculation.--The amount of the
leasehold surrender value for a capital
improvement shall be an amount that is equal
to--
(I) the cost of the capital
improvement to the contractor,
increased (or decreased) in the same
percentage as the percentage increase
(or decrease) in the Consumer Price
Index, from the date of making the
investment in the capital improvement
by the concessionaire to the date of
payment of the leasehold surrender
value, less depreciation evidenced by
the condition and prospective
serviceability in comparison with a new
unit of like kind; or
(II) in the case of any structure,
fixture, or equipment for which the
concessionaire paid the leasehold
surrender value (or possessory interest
under paragraph (1)(C)) to a previous
concessionaire or for which any
leasehold surrender value (or
possessory interest) is carried over
from an existing contract under
paragraph (1)(F), the amount paid or
carried over.
(c) Rates and Prices.--
(1) In general.--Subject to paragraph (2), a concession
contract shall permit the concessionaire to determine the
appropriate level of pricing for goods and services sold by the
concessionaire.
(2) Excess over market prices.--A concession contract shall
provide that it shall be a default under the concession
contract if the concessionaire's rates and prices, in the
aggregate, materially exceed market prices for comparable goods
and services, taking into consideration relevant operating
constraints experienced by the concessionaire under the
concession contract, such as limited operating season or hours,
nonrevenue producing contract provisions, other legal
requirements, and the effect of remote location on operating
and employment costs.
(d) Maintenance Accounts.--
(1) In general.--A concession contract may require that
separate maintenance accounts may be established for the
maintenance of--
(A) structures, fixtures, and other improvements in
which the concessionaire is entitled to a leasehold
surrender value; and
(B) other structures or other improvements assigned
to the concessionaire.
(2) Existing improvements.--A concession contract shall not
require deposits in a maintenance account that are in excess of
the amount reasonably anticipated as being necessary during the
term of the concession contract to maintain the structures and
improvements to be benefited in their condition as of the date
of execution of the concession contract.
(3) New improvements.--A concession contract may provide
for deposits in a maintenance account after completion of any
new structures, fixtures, or improvements assigned to the
concessionaire, in an amount not in excess of the amount
reasonably anticipated as being necessary during the remaining
term of the concession contract to maintain the structures,
fixtures, and improvements.
(4) Withdrawals.--
(A) Maintenance.--Except as provided in
subparagraph (B), a concessionaire may withdraw amounts
from a maintenance account solely for maintenance of
structures, fixtures, and improvements.
(B) Additional capital expenditures.--With the
consent of the Concession Manager, a concessionaire may
withdraw amounts from a maintenance account for the
purpose of making additional capital expenditures to
support concession operations.
(e) Term.--
(1) In general.--The term of a concession contract shall be
determined by the Concession Manager based on the economic
requirements of the concession contract.
(2) Capital improvements.--The term of a concession
contract that will require the concessionaire to invest in a
capital improvement so as to entitle the concessionaire to
payment of the leasehold surrender value of the capital
improvement shall be not less than 15 years.
(f) Transferability.--
(1) In general.--A concession contract shall be
transferable only with the approval of the Secretary.
(2) Approval.--
(A) In general.--The Secretary shall approve a
transfer of a concession contract unless the Secretary
determines that the transferee does not have sufficient
professional, financial, and other resources or
business experience to be capable of performing the
concession contract for the remainder of the term of
the concession contract.
(B) Failure to act.--If the Secretary fails to
approve or disapprove a transfer under paragraph (1)
within 60 days after the date on which the Secretary or
Concession Manager receives all necessary information
requested by the Secretary or Concession Manager with
respect to the transfer, the transfer shall be deemed
to have been approved.
(3) No additional terms or conditions.--The Secretary shall
not condition approval of a transfer of a concession contract
on acceptance by the transferee of additional terms or
conditions as part of the concession contract.
(4) Effect of transfer.--Upon the transfer of any
concession contract, the transferee shall succeed to all of the
rights, duties, and obligations of the transferring
concessionaire under the concession contract and this Act.
(g) Renewal of Contracts.--
(1) In general.--Except as provided in paragraph (2), a
concessionaire shall be given no preference in the opportunity
to provide new or additional services or to be awarded a
renewal of a concession contract the term of which is expiring
or has expired.
(2) Exceptions.--
(A) Guides and outfitters.--
(i) In general.--Paragraph (1) does not
apply to a concessionaire that has conducted a
guide or outfitting operation under a permit
issued or contract awarded by the Secretary.
(ii) Right of first renegotiation.--A
concessionaire that has conducted a guide or
outfitting operation under a permit issued or
contract awarded by the Secretary shall have a
right of first renegotiation on expiration of
the permit or contract.
(B) Minor expansion of concession contract.--
Nothing in this title prohibits the Secretary and a
concessionaire from amending a concession contract to--
(i) change the quality or quantity of goods
or services provided under the concession
contract; or
(ii) provide new or additional services
that are a natural extension of the concession
contract and complement services already
provided under the concession contract;
so long as the amendment does not materially change the
nature or scope of the concession contract as a whole.
(C) Small contracts.--The Secretary may negotiate
any individual concession contract with anticipated
annual revenues of less than $2,000,000 (adjusted
annually for changes in the Consumer Price Index)
without the issuance of a prospectus or the
solicitation of competitive bids.
(D) Emergency and temporary contracts.--A
concession contract may be awarded or extended for a
period not to exceed 3 years without competitive bids--
(i) if necessary to avoid curtailment of
visitor services at a national park; or
(ii) for the purpose of providing goods or
services that are expected to be of temporary
duration.
(h) Bidding Procedures.--
(1) Solicitation of bids.--
(A) Prospectus.--After the Concession Manager
determines that a concession contract will be awarded
through the solicitation of competitive bids and a
prospectus has been prepared and approved in accordance
with this Act, the Concession Manager shall issue the
prospectus to potential concessionaires.
(B) Contents.--The prospectus shall, in addition to
the provisions required under subsection (a)(1),
contain--
(i) provisions that clearly set forth the
relative importance of each criterion to be
considered with respect to each bid (based on a
system of points to be awarded for each
criterion);
(ii) an explanation of the bid review and
selection process; and
(iii) such other information concerning the
national park and the award as the Concession
Manager considers relevant.
(C) Priorities.--In the determination of the
winning bid, consideration of fee income to the United
States shall be of secondary importance to the
financial capability of the concessionaire and the
quality, scope of service, and upgrade of facilities
and services that are expected to result from award of
the concession contract.
(D) Substantial factors.--Prior experience in the
management of operations delivering the same or similar
goods and services in the national park or in other
similar operations shall be a criterion given
substantial weight (not less than 10 percent of the
points awarded) by the Concession Manager and the
Secretary in the final selection of the winning bid.
(2) Qualification of bidders; rejection of bids.--
(A) Experience and capabilities.--A prospectus for
the award of a concession contract with anticipated
annual revenues in excess of $5,000,000 may require
that each prospective bidder submit to the Concession
Manager, before submission of bids, a description of
its business and organization that is sufficient to
permit the Concession Manager to determine whether the
prospective bidder has sufficient financial capability
and experience in the management of operations that are
similar to those that will be required under the
concession contract that there is a reasonable
likelihood, as determined by the Concession Manager,
that the prospective bidder will be able to fulfill its
obligations under the concession contract.
(B) Submission.--All prospective bidders, except
any that the Concession Manager determines does not
have the financial capability and experience described
in subparagraph (A) (if applicable), shall be permitted
to submit a bid for the award of the concession
contract.
(C) Rejection.--After bids are received, the
Concession Manager may reject any bid that the
Concession Manager determines is not substantially
responsive to the criteria set forth in the prospectus.
(3) Selection of concessionaire; negotiation and execution
of concession contract.--
(A) Evaluation.--All bids not rejected by the
Concession Manager in accordance with this title shall
be evaluated based on the bid review and selection
process set forth in the prospectus.
(B) Selection.--The bidder submitting the bid
receiving the highest number of points awarded for the
criteria set forth in the prospectus shall be selected
for negotiation of the concession contract.
(C) Negotiation.--The negotiation--
(i) shall be conducted by the Concession
Manager in good faith with the selected bidder;
and
(ii) shall be confined to any terms of the
concession contract that the bidder identified
in the bid submitted as being unacceptable.
(D) Termination.--Until agreement is reached on the
terms of a concession contract, the Concession Manager
may terminate the negotiation and begin similar
negotiation with the other bidders in the order in
which bids received the next highest number of points,
until a concession contract is fully executed and
delivered.
(E) Review.--A concession contract shall be subject
to review and approval by the Secretary before
execution by the United States.
(F) Renewal of bid process.--If negotiations do not
result in a concession contract, the Concession Manager
shall reject all bids and solicit new bids for the
award of the concession contract.
SEC. 406. REVENUE FLOW; FEES TO THE GOVERNMENT.
(a) Special Account.--
(1) Deposit of fees.--The amount of all contract concession
fees collected during a fiscal year shall be deposited in a
special account in the Treasury of the United States and shall
be available, without further Act of appropriation, for use in
accordance with this section.
(2) Exceptions.--For purposes of this section, fees shall
not include any amounts set aside in a maintenance account.
(b) Use of Amounts in the Special Account.--
(1) Payment of consideration to the concession manager.--
Amounts in the special account under subsection (a) at the end
of a fiscal year shall be used first to pay consideration under
the contract with the Concession Manager for the fiscal year.
(2) Reward allocation.--The balance remaining in the
special account after application of paragraph (1) shall be
transferred to a subaccount and shall be allocated to each
national park, based on the proportion that the amount of
concession contract fees collected from the national park
during the fiscal year bears to the total amount of concession
contract fees collected from all national parks during the
fiscal year, to fund high-priority resource management and
visitor services programs and operations.
SEC. 407. SUSPENSION OR TERMINATION OF CONCESSION CONTRACT.
(a) Suspension.--The Concession Manager may immediately suspend a
concession contract if the Concession Manager finds that an immediate
suspension is necessary to protect the public health or welfare.
(b) Termination.--The Secretary may terminate a concession contract
if the concessionaire fails to correct a condition identified by the
Concession Manager within the limitations established by contract--
(1) within 30 days after the date on which a notice of
failure to comply with the terms and conditions of the contract
is provided to the concessionaire; or
(2) within such longer period of time as the concessionaire
may reasonably require to correct the condition.
SEC. 408. REPORTING.
(a) Maintenance and Access.--
(1) Records and report.--A concessionaire shall keep such
records and submit to the Concession Manager such reports as
are required in the concession contract to enable the
Concession Manager to monitor performance by the concessionaire
of the concession contract.
(2) Confidentiality.--Any record or report under paragraph
(1) that contains financial information concerning the
operations of the concessionaire (except for aggregate gross
sales data and revenues covered into the special account under
section 406) or any other proprietary business information of
the concessionaire shall be considered to be confidential and
not subject to disclosure to the public under section 552 of
title 5, United States Code, or any other Federal law.
(3) Accessibility.--For the purpose of audit and
examination, the Concession Manager shall have access at
reasonable times and locations to records under paragraph (1)
and to other books, documents, and papers of the concessionaire
pertaining to the concession contract.
(b) Access by Comptroller General.--Until the expiration of 5
calendar years after the close of the fiscal year of a concessionaire,
the Comptroller General of the United States shall have access to and
the right to examine any pertinent books, documents, papers, and
records of the concessionaire relative to a concession contract.
SEC. 409. PROMOTION OF THE SALES OF INDIAN AND ALASKA NATIVE
HANDICRAFTS.
(a) In General.--Promoting the sale of United States authentic
Indian and Alaska Native handicrafts relating to the cultural,
historical, and geographic characteristics of national park areas 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 does not currently exist.
(b) Exemption From Fees.--In furtherance of this title, the revenue
derived from the sale of United States Indian and Alaska Native
handicrafts shall be exempt from any franchise fee payment under
section 405(a).
SEC. 410. USE OF NONMONETARY CONSIDERATION IN LEASES OF GOVERNMENT
PROPERTY.
Section 321 of the Act of June 30, 1932 (47 Stat. 412, chapter 314;
40 U.S.C. 303b) shall not apply to privileges, leases, permits, and
contracts granted by the Secretary for the use of land and improvements
on land, in areas administered by the National Park Service, for the
purpose of providing accommodations, facilities, and services for
visitors pursuant to the Act of August 25, 1916 (commonly known as the
``National Park Service Organize Act'') (39 Stat. 535, chapter 408; 16
U.S.C. 1 et seq.), or the Act of August 21, 1935 (49 Stat. 666, chapter
593; 16 U.S.C. 461 et seq.).
SEC. 411. APPLICABILITY OF NEPA TO RENEWALS AND EXTENSIONS OF SIMILAR
CONTRACTS.
The extension, renewal, amendment, or other award of a concession
contract to provide goods or services similar in nature and amount to
the goods or services provided under the same or a previous concession
contract shall be considered to be a categorical exclusion for purposes
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
SEC. 412. MISCELLANEOUS.
(a) 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.
(b) Repeals.--Subject to provisions of this title that incorporate
portions of Public Law 89-249 by reference with respect to concession
contracts existing on the date of enactment of this Act, and subject to
subsection (c), Public Law 89-249 (16 U.S.C. 20 et seq.) is repealed.
(c) Savings.--
(1) Validity.--The repeal of any provision, the superseding
of any provision, and the amendment of any provision, of any
statute referred to in this section shall not affect the
validity of any contract or other authorization entered into
under that statute.
(2) Applicability.--This title shall apply to any contract
or authorization described in paragraph (1), except to the
extent that any provision of this title is inconsistent with
the express terms of the contract or authorization or except as
otherwise preserved with respect to such contract or
authorization under the terms of this title.
TITLE V--NATIONAL PARK PASSPORT PROGRAM
SEC. 501. 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 the national
parks; and
(2) to generate revenue for support of the National Park
System.
SEC. 502. DEFINITIONS.
In this title:
(1) International park passport.--The term ``international
park passport'' means an international park passport issued
under section 505.
(2) Park passport.--The term ``park passport'' means a park
passport issued under section 503.
SEC. 503. NATIONAL PARK PASSPORT PROGRAM.
(a) In General.--The Secretary shall establish a national park
passport program.
(b) Features.--The national park passport program shall provide for
issuance of collectible stamps providing the holder of the park
passport admission to all of the national parks.
(c) Transferability.--A national park passport shall not be
transferable.
SEC. 504. ADMINISTRATION.
(a) Effective Period.--A park passport shall be an annual passport
effective from January 1 through December 31 of a year.
(b) Stamp Design Competition.--
(1) In general.--The Secretary shall hold an annual
competition for the design of the stamp to be affixed to the
passport.
(2) Public participation.--Each competition shall be open
to the public and shall be a means to educate the American
people about the National Park System.
(c) Sale of Stamps and Passports.--
(1) By public entities.--Park passports and stamps shall be
sold through the National Park Service and the United States
Postal Service under a regulation promulgated jointly by the
Secretary and the United States Postal Service.
(2) By private entities.--
(A) Vendor sales.--Park passports (including
stamps) may be sold by private vendors on consignment
in accordance with guidelines established by the
Secretary.
(B) Vendor commissions.--A private vendor may be
allowed to collect a commission on each park passport
sold, as determined by the Secretary.
(C) Limitations.--The Secretary may limit the
number of private vendors of park passports.
(d) Use of Proceeds.--
(1) Administration and promotion.--The Secretary may use
not more than 10 percent of the revenues derived from the sale
of park passports to administer and promote the park passport
program.
(2) Treasury account.--Amounts collected from the sale of
park passports--
(A) shall be deposited in a special account in the
Treasury of the United States; and
(B) shall remain available until expended, without
further Act of appropriation, for projects throughout
the National Park System.
(e) Agreements.--The Secretary may enter into cooperative
agreements with interested persons to provide for the development and
implementation of the park passport program and the Secretary shall
take such actions as are appropriate to actively market park passports.
SEC. 505. INTERNATIONAL PARK PASSPORT PROGRAM.
(a) In General.--The Secretary shall establish an international
park passport program, which shall be governed by 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) Price.--International park passport and stamps shall be sold at
a price that is $10.00 less than the price of a 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.
(d) Effective Period.--An international park passport shall be
valid for a period of 45 days.
(e) Use of Proceeds.--
(1) In general.--Of the amounts collected from the sale of
international park passports--
(A) 50 percent shall be deposited in the special
account under section 504(d) and shall be available as
provided in section 504(d); and
(B) 50 percent shall be deposited in a special
account in the Treasury of the United States, and shall
remain available until expended, without further Act of
appropriation, as provided in paragraph (2).
(2) Availability to the secretary of commerce.--Amounts in
the special account under paragraph (1)(B) shall be available
to the Secretary of Commerce to carry out section 6 of the
United States National Tourism Organization Act (22 U.S.C.
2141d) in connection with programs and projects that relate to
national parks and State parks, national forests, and other
Federal land.
(f) 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 permits are sold during that
calendar year.
SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $750,000 to develop
guidelines and procedures for the park passport program and to
implement the program in its first year.
SEC. 507. EFFECT ON OTHER LAWS AND PROGRAMS.
(a) Park Passport Not Required.--A park passport shall not be
required for--
(1) a single visit to a national park that charges an
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
(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)) shall be honored for admission to each
national park.
(c) Park Passport.--A park passport shall provide access to each
national park under the same conditions, rules, and regulations as
apply to access with a Golden Eagle Passport.
(d) Limitations.--A park passport established by this Act may not
be used to obtain access to other Federal recreation fee areas outside
the National Park System.
(e) Exemptions and Fees.--A 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)).
(f) Fee.--The fee for a park passport and stamp shall be $50.
TITLE VI--NATIONAL PARKS RESOURCE INVENTORY AND MANAGEMENT
SEC. 601. 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 parks and to use
the information gathered for management purposes;
(3) to ensure appropriate documentation of resource
conditions in the national parks;
(4) to encourage others to use the national parks for study
to the benefit of park management as well as broader scientific
value, in cases in which such study is consistent with the Act
of August 25, 1916 (commonly known as the ``National Park
Service Organic Act'') (39 Stat. 535, chapter 408; 16 U.S.C. 1
et seq.); and
(5) to encourage the publication and dissemination of
information derived from studies in the national parks.
SEC. 602. DEFINITIONS.
In this title:
(1) Chief scientist.--The term ``Chief Scientist'' means
the Chief Scientist of the National Park Service appointed
under section 603(b).
(2) Cultural resource.--The term ``cultural resource''
means--
(A) a historic property (as defined in section 301
of the National Historic Preservation Act (16 U.S.C.
470w));
(B) an archaeological resource (as defined in
section 3 of the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470bb)); and
(C) a museum object (as defined by the Secretary).
(3) Unit resource study.--The term ``unit resource study''
means a study conducted under section 603.
SEC. 603. UNIT RESOURCE STUDY PROGRAM.
(a) In General.--
(1) Establishment.--In furtherance of the fundamental
purposes of the National Park System, the Secretary shall
undertake a program of scientific study by National Park
Service employees and cooperators in each national park.
(2) Matters to be studied.--The unit resource study program
under paragraph (1) shall consist of studies of--
(A) natural resources employing the various natural
sciences;
(B) cultural resources employing the various
sciences and disciplines related to cultural resources;
(C) physical resources employing the various
sciences and disciplines related to physical resources;
and
(D) the contemporary uses of national parks
employing the various social sciences and other
disciplines related to those uses.
(3) Professional and scientific methods.--The unit resource
study program shall make use of peer-accepted professional and
scientific methods to acquire, analyze, and report information
through inventory monitoring, observation, documentary
investigation, surveying, interviewing, experimentation
resource management, and adaptive management.
(4) Dissemination of information.--The unit resource study
program shall make explicit provision for the dissemination of
information through publications and the electronic media to
managers of each national park, to other persons and entities
having an interest in such matters, and to the public.
(b) Chief Scientist.--
(1) Appointment.--The Secretary shall appoint a Chief
Scientist within the National Park Service, who shall report
directly to the Deputy Director, National Park Service
Operations.
(2) Responsibilities.--The Chief Scientist--
(A) shall have responsibility for coordination of
all unit resource studies; and
(B) shall have line authority over all persons
within the National Park Service conducting unit
resource studies.
(c) Other Employees.--The Secretary may assign employees of the
Chief Scientist to national park areas or colleges and universities as
needed to conduct or coordinate a unit resource study for each national
park.
(d) Peer Review Process.--
(1) In general.--The Secretary shall provide for an
appropriate scientific peer review process to ensure the
validity and reliability of each unit resource study.
(2) Requirements.--The peer review process shall provide
for--
(A) review by independent referees selected from
among individuals recommended by the National Academy
of Sciences; and
(B) consideration of other relevant data or
information submitted to the Secretary.
(e) Allocation of Available Funding.--The Chief Scientist shall
allocate funds for unit resource studies in accordance with priorities
established by national park superintendents.
SEC. 604. COOPERATIVE AGREEMENTS AND CONTRACTS.
(a) Cooperative Agreements With Colleges and Universities.--
(1) Centers for studies.--The Secretary shall enter into
long-term cooperative agreements with colleges and universities
that shall be the primary centers through which unit resource
studies shall be conducted.
(2) Geographic dispersement.--The cooperative agreements
shall be geographically dispersed across the various regions of
the country.
(b) Other Cooperative Agreements or Contracts.--
(1) In general.--The Secretary may enter into cooperative
agreements or contracts with the United States Geological
Survey, other Federal agencies, public or private institutions,
professional organizations, individuals, corporations, States,
and political subdivisions of States to carry out the unit
resource study program.
(2) Review of unit resource studies.--
(A) National academy of sciences.--The Secretary
shall enter into an agreement with the National Academy
of Sciences under which the National Academy of
Sciences shall review and comment on unit resource
studies and management policies adopted in response to
unit resource studies.
(B) Requests for review.--Review by the National
Academy of Sciences may be conducted in response to a
request by the National Park Service or in response to
a request by a person outside the National Park Service
that submits to the National Academy of Sciences a
study that, in the opinion of the National Academy of
Sciences, warrants review.
(c) Adequate Competition.--In entering into any cooperative
agreement or contract for a unit resource study, the Secretary shall
provide adequate competition to ensure that the unit resource study is
undertaken by the best qualified person and at the best value for the
Federal Government.
SEC. 605. INVENTORY AND MONITORING PROGRAM.
(a) Program.--
(1) Establishment.--The Secretary shall undertake a program
of inventory and monitoring of national park resources to
establish baseline information and provide information on the
long-term trends in the conditions of national park resources.
(2) Development.--The monitoring program shall be developed
in cooperation with other Federal monitoring and information
collection efforts to ensure a cost-effective approach.
(b) Training.--The Secretary shall take such actions as are
necessary to ensure that the National Park Service work-force has
adequate professional and technical knowledge and training to carry out
the missions of the National Park Service, including making use of
scientific data and research results.
SEC. 606. AVAILABILITY OF NATIONAL PARKS FOR SCIENTIFIC STUDY.
(a) In General.--The Chief Scientist may solicit, receive, and
consider requests from public or private institutions, individuals,
corporations, States, political subdivisions of States, and other
Federal agencies for the use of any national park for purposes of
scientific study.
(b) Approval.--A request for the use of a national park under
subsection (a) may be approved if the Chief Scientist determines that
the proposed study--
(1) is consistent with applicable law and National Park
Service management policies; and
(2) will be conducted in such a manner as to pose no
significant threat to or broad impairment of national park
resources or public enjoyment derived from those resources.
(c) Access.--The Secretary may waive any recreation admission or
recreation user fee in order to facilitate the conduct of a scientific
study under this section.
SEC. 607. INTEGRATION OF STUDY RESULTS INTO MANAGEMENT DECISIONS.
(a) Administrative Record.--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 and studies under section 606 have been
considered.
(b) Annual Performance Evaluation.--The trend in the condition of
national park resources, particularly national park resources, shall be
a significant factor in the annual performance evaluation of all
national park superintendents.
SEC. 608. CONFIDENTIALITY OF INFORMATION CONCERNING THE NATURE AND
LOCATION OF SENSITIVE RESOURCES.
Information concerning the nature and location of a natural park
resource that is endangered, threatened, rare, or commercially
valuable, or is an object of cultural patrimony within a national park,
may be withheld 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 national park in which the resource is located
and would not create a substantial risk of harm, theft, or
destruction of the resource, including individual members or
specimens of any resource population; and
(2) disclosure is consistent with other applicable laws
protecting the resource.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$15,000,000 for each fiscal year.
TITLE VII--DESIGNATION OF TAX REFUNDS AND CONTRIBUTIONS FOR THE BENEFIT
OF THE NATIONAL PARKS
SEC. 701. TAX REFUNDS AND CONTRIBUTIONS.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to returns and records) is amended by adding at
the end the following:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE
BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, a taxpayer may
designate that--
``(1) a specified portion (not less than $1) of any
overpayment of tax imposed by chapter 1 for any taxable year;
and
``(2) any cash contribution which the taxpayer includes
with the return of such tax,
shall be paid over to the National Parks Trust Fund.
``(b) Manner and Time of Designation.--A designation under
subsection (a) shall be made at the time of filing the return of the
tax imposed by chapter 1 for the taxable year. Such designation shall
be made in such manner as the Secretary prescribes by regulations,
except that such designation shall be made either on the first page of
the return or on the page bearing the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as being refunded to the taxpayer as of the last
date prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the date the
return is filed.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
such Code is amended by adding at the end the following:
``Part IX. Designation of overpayments
and contributions for the
benefit of units of the
National Park System.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 702. NATIONAL PARKS TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following:
``SEC. 9512. NATIONAL PARKS TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `National Parks
Trust Fund', consisting of such amounts as may be appropriated or
credited to the National Parks Trust Fund as provided in this section
or section 9602(b).
``(b) Transfer to National Parks Trust Fund of Amounts
Designated.--There is hereby appropriated to the National Parks Trust
Fund amounts equivalent to the amounts received in the Treasury which
are designated to be paid to the Trust Fund under section 6097.
``(c) Expenditures From Trust Fund.--
``(1) In general.--Subject to paragraph (2), amounts in the
National Parks Trust Fund shall be available, as provided by
appropriation Acts, for making expenditures to carry out
section 703 of the Vision 2020 National Parks Restoration Act
(as in effect on the date of the enactment of this section).
``(2) Administrative expenses.--Amounts in the National
Parks Trust Fund shall be available to pay administrative
expenses directly allocable to--
``(A) modifying the individual income tax return
forms to carry out the provisions of section 6097; and
``(B) activities required to carry out the
provisions of this chapter with respect to the Fund,
including processing and transferring amounts received
under section 6097 to the Fund.''.
(b) Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the Treasury or his
delegate shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives, a study of the effects of the
National Parks Trust Fund established under section 9512 of the
Internal Revenue Code of 1986.
(2) Contents.--The study shall include information on--
(A) the amount of money covered into the Fund,
(B) the projects that were undertaken with funds
from the Fund, and
(C) any other information that the Secretary
considers useful in evaluating the program's
effectiveness.
(c) Conforming Amendment.--The table of sections for subchapter A
of chapter 61 of the Internal Revenue Code of 1986 is amended by adding
at the end the following:
``Sec 9512. National Parks Trust Fund.''.
SEC. 703. EXPENDITURES FROM THE NATIONAL PARKS TRUST FUND.
The Secretary--
(1) may use amounts in the National Parks Trust Fund only
for design, construction, rehabilitation, and repair of high
priority facilities that directly enhance the experience of
park visitors, including natural, cultural, and historical
resource protection projects within the national parks; and
(2) shall not use amounts in the National Parks Trust Fund
for land acquisition.
TITLE VIII--NATIONAL PARK FOUNDATION
SEC. 801. 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 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 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) Extent of Program.--The program under subsection (a) shall
include the greatest number of national parks 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;
``(2) standard and legally tenable bylaws and recommended
money-handling procedures that can easily be adapted as applied
to individual national parks; and
``(3) a standard training curriculum to orient and expand
the operating expertise of personnel employed by local
nonprofit support organizations.
``(e) 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 Act
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 IX--COMMERCIAL FILMING IN NATIONAL PARKS
SEC. 901. DEFINITIONS.
In this title:
(1) Commercial visual image.--
(A) In general.--The term ``commercial visual
image'' means a visual image that a person produces
with the intention that the image (or reproductions of
the image) will be disseminated to the public in
connection with a for-profit enterprise.
(B) Exclusions.--The term ``commercial visual
image'' does not include--
(i) a visual image produced for
dissemination to the public as news; or
(ii) a visual image produced by an
individual in a limited number and intended to
be sold by the individual as a work of art.
(2) Producer.--The term ``producer'' means a person that
produces or proposes to produce a recorded image in a national
park for a commercial use or for public viewing.
(3) Recorded image.--
(A) In general.--The term ``recorded image'' means
a motion picture, still photograph, or other form of
visual image produced by any technology.
(B) Inclusions.--The term ``recorded image''
includes--
(i) a feature length film, short, or
documentary; and
(ii) promotional or advertising material.
(3) Vehicle.--The term ``vehicle'' means a larger
production in which a commercial recorded image is intended to
be included.
SEC. 902. COMMERCIAL FILMING IN NATIONAL PARKS.
(a) Office.--
(1) Designation.--The Secretary shall establish an office
or designate an existing office in the National Park Service to
perform the functions of the Secretary under this title.
(2) Location of members.--The members of the office may be
located at the regional offices of the National Park Service in
order to facilitate negotiation and processing of permits
authorizing the production of commercial recorded images in the
national parks.
(b) Permit Requirement.--
(1) Fee.--A person shall not produce any part of a
commercial recorded image in a national park without first
obtaining a permit from the Secretary and paying a permit fee
calculated under paragraph (2).
(2) Fee calculation.--The fee under paragraph (1) for
production of a recorded image shall be an amount equal to \1/
2\ of 1 percent of the production budget for preparation of the
vehicle in which the recorded image is intended to be included.
(3) Application.--An application to produce a commercial
recorded image shall include, in addition to other information
required by law (including a regulation)--
(A) a description of the commercial recorded image
and vehicle; and
(B) the production budget for preparation of the
vehicle that was employed by the producer as the basis
for the decision to prepare or finance the vehicle.
(4) Fee payment.--The fee required by paragraph (1) shall
be paid before any part of the production of the recorded image
is undertaken.
(5) Final accounting.--
(A) Submission of final production budget.--Not
later than the date on which a vehicle is first used
commercially or shown to the public, the producer shall
submit to the Commission the final production budget
for preparation of the vehicle, stating the actual
costs of preparation.
(B) Difference in production budgets.--If the final
production budget submitted under subparagraph (A) is
greater than the production budget submitted with the
application under paragraph (3), the producer shall pay
to the Commission, not later than 30 days after the
date specified in subparagraph (A), an amount equal to
1 percent of the difference between the 2 budgets.
(C) Fees collected.--Fees collected under this
section shall be in addition to direct costs incurred
by the National Park Service for administrative costs
and normal security and personnel costs directly
related to the onsite activities of the producer, which
costs shall be paid by the producer.
(c) Use of Proceeds.--Notwithstanding any other provision of law,
each fee collected in a national park under this section (not including
direct costs described in subsection (b)(5)(C))--
(1) shall be deposited in a special account in the Treasury
of the United States; and
(2) shall be available to the Secretary, without further
Act of appropriation, for the preservation, restoration,
operation, maintenance, and improvement of high-priority
projects and programs, in the national park in which the fee is
collected, that directly enhance the experience of park
visitors, including natural, cultural, and historical resource
protection projects but not including land acquisition.
(3) Report.--
(A) Submission of report.--Not later than 4 years
after the date of enactment of this Act, the Secretary
shall submit to the Committee on Energy and Natural
Resources and the Committee on Appropriations of the
Senate and the Committee on Resources and the Committee
on Appropriations of the House of Representatives a
report on the collection of fees under this section.
(B) Contents.--The report under subparagraph (A)
shall include--
(i) details on how the National Park
Service is carrying out this section;
(ii) a complete accounting of proceeds
received and a description of high-priority
projects funded under this title; and
(iii) an accounting of proceeds reimbursed
to individual national parks for costs incurred
for administrative, security, and logistical
expenses.
TITLE X--CAPITAL IMPROVEMENT PROJECT BOND DEMONSTRATION PROGRAM
SEC. 1001. FINDINGS.
Congress finds that--
(1) the use of long-term bonds through borrowing from the
Treasury to help address the capital improvement needs of the
National Park System should be explored;
(2) the availability of such bonds may provide the National
Park Service with a new financial tool for addressing the
backlog of capital improvement projects that face the National
Park Service; and
(3) through the bond demonstration program under this
title, the Secretary will be able to explore the potential
utility of bonds borrowed from the Treasury and to report back
to Congress on the usefulness of this approach for financing
capital improvements in the national parks.
SEC. 1002. CAPITAL IMPROVEMENT PROJECTS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall identify not more than 4 capital improvement projects
in the National Park System, totaling not more than $40,000,000, which
shall be financed through obligations issued to the Secretary of the
Treasury as part of the bond demonstration program under section 1003.
SEC. 1003. ISSUANCE OF OBLIGATIONS.
(a) Authority.--The Secretary may issue obligations to the
Secretary of the Treasury for use in the bond demonstration program
established under this title.
(b) Amount.--The total amount of obligations issued under
subsection (a) outstanding at any one time shall not exceed
$40,000,000.
(c) Purchase by the Secretary of the Treasury.--The Secretary of
the Treasury shall purchase obligations issued under subsection (a) if
the Secretary of the Treasury finds that there is reasonable assurance
of repayment of the obligations.
(d) Public Debt Transaction.-- For the purpose of purchasing any
such obligations, the Secretary of the Treasury may use as a public
debt transaction the proceeds from the sale of any securities issued
under chapter 31 of title 31, United States Code, and the purposes for
which securities issued under chapter are extended to include any
purchase by the Secretary of the Treasury of obligations under this
section.
(e) Obligation Characteristics.-- Obligations issued under
subsection (a)--
(1) shall be in such forms and denominations, bear such
maturities, and be subject to such terms and conditions as may
be prescribed by the Secretary of the Treasury, in consultation
with the Secretary; and
(2) shall bear interest at a rate determined by the
Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the
United States of comparable maturities.
(f) Sale.--The Secretary of the Treasury may at any time sell any
of the obligations acquired by the Secretary under this section.
(g) Treatment.--All redemptions, purchases, and sales by the
Secretary of the Treasury of such obligations shall be treated as
public debt transactions of the United States.
SEC. 1004. FINANCING.
The Secretary may use receipts collected under section 315 of
section 101(c) of Public Law 104-134 (16 U.S.C. 460l-6a note) to
finance obligations issued under section 1003.
SEC. 1005. REPORT.
(a) In General.--Not later than 2 years after the date of issuance
of obligations under this title, the Secretary and the Secretary of the
Treasury shall report to Congress on the bond demonstration program.
(b) Contents.--The report under subsection (a) shall include a
discussion of--
(1) the mechanics of the bonding process;
(2) the transaction costs associated with the issuance of
the obligations;
(3) the implications of dedicating a revenue stream to
repay such obligations; and
(4) the recommendations of the Secretary and the Secretary
of the Treasury regarding the potential expansion of the bond
demonstration program.
TITLE XI--MISCELLANEOUS
SEC. 1101. UNITED STATES PARK POLICE.
(a) Appointment of Task Force.--Not later than 60 days after the
date of enactment of this Act, the Secretary shall appoint a
multidisciplinary task force to fully evaluate the shortfalls, needs,
and requirements of the United States Park Police, including facility
repair, rehabilitation, and communications needs.
(b) Submission of Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Energy and Natural Resources and the Committee on Appropriations of the
Senate and the Committee on Resources and the Committee on
Appropriations of the 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. 1102. 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 a
regulation 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 Act
of 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.--The Secretary may enter into an
agreement with a State or local government agency for the
cooperative management of national park land and nearby State
or local park land.
``(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) Conforming Amendments.--Section 3 of Public Law 91-383 (16
U.S.C. 1a-2) is amended--
(1) by striking ``Sec. 3.'' and all that follows through
``(a) provide'' and inserting the following:
``SEC. 3. AUTHORIZED ACTIVITIES OF SECRETARY OF THE INTERIOR.
``(a) Transportation.--The Secretary of the Interior (referred to
in this section as the `Secretary') may provide'';
(2) in subsection (a)--
(A) by striking ``where (1) such areas'' and
inserting ``if--
``(1) the areas''; and
(B) by striking ``transportation, and (2) such
transportation'' and inserting ``transportation; and
``(2) the transportation'';
(3)(A) by striking the semicolon at the end of each of
subsections (a) through (f) and subsection (h) and inserting a
period; and
(B) by striking ``; and'' at the end of subsection (i) and
inserting a period;
(4) in subsection (b), by striking ``(b) provide'' and
inserting the following:
``(b) Recreation.--The Secretary may provide'';
(5) in subsection (c), by striking ``(c) appoint'' and
inserting the following:
``(c) Advisory Committees; Compensation and Travel Expenses.--The
Secretary may appoint'';
(6) in subsection (d), by striking ``(d) purchase'' and
inserting the following:
``(d) Park Equipment Purchases.--The Secretary may purchase'';
(7) in subsection (e), by striking ``(e) enter'' and
inserting the following:
``(e) Service, Resource, and Water Contracts.--The Secretary may
enter'';
(8) in subsection (f), by striking ``(f) acquire, and have
installed, air-conditioning units'' and inserting the
following:
``(f) Vehicular Air Conditioners.--The Secretary may acquire and
install air conditioners'';
(9) in subsection (g)--
(A) by striking ``(g) sell'' and inserting the
following:
``(g) Living Exhibits and Interpretive Demonstrations.--
``(1) In general.--The Secretary may sell'';
(B) by striking ``demonstrations;'' and inserting
``demonstrations.''
(C) by striking ``Sixty percent'' and inserting the
following:
``(2) Special account.--
``(A) Deposit of portion of fees.--Sixty percent'';
(D) by striking ``special account'' and inserting
``special account.'';
(E) by striking ``and that such funds'' and
inserting the following:
``(B) Availability.--Amounts in the special
account'';
(F) by striking ``(1) to the extent'' and inserting
the following:
``(i) to the extent'';
(G) by striking ``(2) to conduct'' and inserting
the following:
``(ii) to conduct'';
(H) by striking ``The investigations provided for
in this subsection'' and inserting the following:
``(3) Investigation design.--An investigation under
paragraph (2)(B)(ii)'';
(I) by striking ``The Secretary'' and inserting the
following:
``(4) No additional conditions.--The Secretary'';
(J) by striking ``When competitively'' and
inserting the following:
``(5) Competitive award of permits.--When competitively'';
(K) by striking ``Fees paid'' and inserting the
following:
``(6) Fees.--
``(A) In general.--Fees paid'';
(L) by striking ``For the purposes of this
subsection'' and inserting the following:
``(B) Definition of certain permittee.--In
subparagraph (A)''; and
(M) by striking ``Nothing in this subsection'' and
inserting the following:
``(7) No additional permit requirements.--Nothing in this
subsection'';
(10) in subsection (h)--
(A) by striking ``(h) promulgate'' and inserting
the following:
``(h) Boating and Other Water Activities.--
``(1) In general.--The Secretary may promulgate''; and
(B) by striking ``States: Provided, That any'' and
inserting ``States.
``(2) Authority of the coast guard.--Any'';
(11) in subsection (i), by striking ``(i) provide'' and
inserting the following:
``(i) Employee Meals and Lodging.--The Secretary may provide''; and
(12) in subsection (j), by striking ``(j) Enter'' and
inserting the following:
``(j) Cooperative Research and Training Programs.--The Secretary
may enter''.
<all>