[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1693 Reported in Senate (RS)]
Calendar No. 397
105th CONGRESS
2d Session
S. 1693
[Report No. 105-202]
_______________________________________________________________________
A BILL
To renew, reform, reinvigorate, and protect the National Park System.
_______________________________________________________________________
June 5, 1998
Reported with an amendment and an amendment to the title
Calendar No. 397
105th CONGRESS
2d Session
S. 1693
[Report No. 105-202]
To renew, reform, reinvigorate, and protect the National Park System.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 1998
Mr. Thomas (for himself, Mr. Abraham, Mr. Enzi, Mr. Grams, Mr.
Murkowski, and Mr. Bennett) introduced the following bill; which was
read twice and referred to the Committee on Energy and Natural
Resources
June 5, 1998
Reported by Mr. Murkowski, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> This Act may be cited as the ``Vision 2020 National Parks
Restoration Act''.</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>TITLE I--MANAGEMENT REFORM
<DELETED>Sec. 101. Definitions.
<DELETED>Sec. 102. Protection and interpretation of resources.
<DELETED>Sec. 103. Management and career training.
<DELETED>Sec. 104. Strategic management objectives.
<DELETED>Sec. 105. Annual budgets for National Park System.
<DELETED>TITLE II--PROCEDURES FOR ESTABLISHMENT OF NEW NATIONAL PARKS
<DELETED>Sec. 201. Studies of areas for potential inclusion in the
National Park System.
<DELETED>TITLE III--RECREATIONAL FEE DEMONSTRATION PROGRAM
<DELETED>Sec. 301. Extension of the recreational fee demonstration
program.
<DELETED>TITLE IV--CONCESSION REFORM
<DELETED>Sec. 401. Purpose.
<DELETED>Sec. 402. Definitions.
<DELETED>Sec. 403. National Park Service Concession Board.
<DELETED>Sec. 404. Concession Manager.
<DELETED>Sec. 405. Concession contracts.
<DELETED>Sec. 406. Revenue flow; fees to the Government.
<DELETED>Sec. 407. Suspension or termination of concession contract.
<DELETED>Sec. 408. Reporting.
<DELETED>Sec. 409. Promotion of the sales of Indian and Alaska Native
handicrafts.
<DELETED>Sec. 410. Use of nonmonetary consideration in leases of
Government property.
<DELETED>Sec. 411. Applicability of NEPA to renewals and extensions of
similar contracts.
<DELETED>Sec. 412. Miscellaneous.
<DELETED>TITLE V--NATIONAL PARK PASSPORT PROGRAM
<DELETED>Sec. 501. Purposes.
<DELETED>Sec. 502. Definitions.
<DELETED>Sec. 503. National park passport program.
<DELETED>Sec. 504. Administration.
<DELETED>Sec. 505. International park passport program.
<DELETED>Sec. 506. Authorization of appropriations.
<DELETED>Sec. 507. Effect on other laws and programs.
<DELETED>TITLE VI--NATIONAL PARKS RESOURCE INVENTORY AND MANAGEMENT
<DELETED>Sec. 601. Purposes.
<DELETED>Sec. 602. Definitions.
<DELETED>Sec. 603. Unit resource study program.
<DELETED>Sec. 604. Cooperative agreements and contracts.
<DELETED>Sec. 605. Inventory and monitoring program.
<DELETED>Sec. 606. Availability of national parks for scientific study.
<DELETED>Sec. 607. Integration of study results into management
decisions.
<DELETED>Sec. 608. Confidentiality of information concerning the nature
and location of sensitive resources.
<DELETED>Sec. 609. Authorization of appropriations.
<DELETED>TITLE VII--DESIGNATION OF TAX REFUNDS AND CONTRIBUTIONS FOR
THE BENEFIT OF THE NATIONAL PARKS
<DELETED>Sec. 701. Tax refunds and contributions.
<DELETED>Sec. 702. National Parks Trust Fund.
<DELETED>Sec. 703. Expenditures from the National Parks Trust Fund.
<DELETED>TITLE VIII--NATIONAL PARK FOUNDATION
<DELETED>Sec. 801. Promotion of local fundraising support.
<DELETED>TITLE IX--COMMERCIAL FILMING IN NATIONAL PARKS
<DELETED>Sec. 901. Definitions.
<DELETED>Sec. 902. Commercial filming in national parks.
<DELETED>TITLE X--CAPITAL IMPROVEMENT PROJECT BOND DEMONSTRATION
PROGRAM
<DELETED>Sec. 1001. Findings.
<DELETED>Sec. 1002. Capital improvement projects.
<DELETED>Sec. 1003. Issuance of obligations.
<DELETED>Sec. 1004. Financing.
<DELETED>Sec. 1005. Report.
<DELETED>TITLE XI--MISCELLANEOUS
<DELETED>Sec. 1101. United States Park Police.
<DELETED>Sec. 1102. Leases and cooperative management agreements.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) National park.--The term ``national park''
means a unit of the National Park System.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director of the
National Park Service.</DELETED>
<DELETED>TITLE I--MANAGEMENT REFORM</DELETED>
<DELETED>SEC. 101. DEFINITIONS.</DELETED>
<DELETED> In this title, the term ``Ranger Career Directive'' means
National Park Special Directive 94-3, entitled ``Ranger
Careers''.</DELETED>
<DELETED>SEC. 102. PROTECTION AND INTERPRETATION OF
RESOURCES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 103. MANAGEMENT AND CAREER TRAINING.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Ranger Career Program.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Management positions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Design phase.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Educational requirements.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (7) Park ranger workforce.--</DELETED>
<DELETED> (A) In general.--Through the Ranger
Careers program, the Secretary shall ensure that--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iii) both functions of park
rangers will share responsibility for managing
the public use of national parks;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (8) Operational phase.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Components.--The Secretary shall
implement--</DELETED>
<DELETED> (i) the Service-wide park ranger
occupation replenishment and diversity
plan;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iii) the revised park ranger
qualification and classification
system;</DELETED>
<DELETED> (iv) the park ranger competency
certification system; and</DELETED>
<DELETED> (v) any other measures necessary
to ensure that a fully competent park ranger
force is attained and maintained.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Reports.--The Secretary shall report regularly to
Congress on the state of the park ranger occupation.</DELETED>
<DELETED>SEC. 104. STRATEGIC MANAGEMENT OBJECTIVES.</DELETED>
<DELETED> (a) In General.--During 2000 and biennially thereafter,
the Secretary shall implement a strategic management plan for the
National Park Service.</DELETED>
<DELETED> (b) Focus.--The strategic management plan shall focus on
functions performed at the national headquarters, regional offices,
support offices, service centers, and national parks.</DELETED>
<DELETED> (c) Objectives.--The strategic management plan shall have
measurable management objectives designed to--</DELETED>
<DELETED> (1) implement procedures to ensure that national
parks and offices operate with measurable goals and objectives
that ensure strict budget accountability;</DELETED>
<DELETED> (2) determine at which levels the various
functions can best be performed;</DELETED>
<DELETED> (3) evaluate whether specific activities could be
consolidated or eliminated; and</DELETED>
<DELETED> (4) evaluate the possibility of increasing the use
of the private sector in individual National Park Service
functions.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 105. ANNUAL BUDGETS FOR NATIONAL PARK SYSTEM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Contents.--A budget for a national park under
subsection (a) shall--</DELETED>
<DELETED> (1) describe in detail the annual operating budget
for the national park; and</DELETED>
<DELETED> (2) reflect the relationships among costs, service
levels, and performance standards in the national
park.</DELETED>
<DELETED>TITLE II--PROCEDURES FOR ESTABLISHMENT OF NEW NATIONAL
PARKS</DELETED>
<DELETED>SEC. 201. STUDIES OF AREAS FOR POTENTIAL INCLUSION IN THE
NATIONAL PARK SYSTEM.</DELETED>
<DELETED> Section 8 of Public Law 91-383 (16 U.S.C. 1a-5) is
amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by inserting ``General Author- ity.--
'' after ``(a)'';</DELETED>
<DELETED> (B) by striking the second through sixth
sentences;</DELETED>
<DELETED> (C) by striking ``For the purposes of
carrying out'' and inserting the following:</DELETED>
<DELETED> ``(e) Authorization of Appropriations.--For the purposes
of carrying out''; and</DELETED>
<DELETED> (2) by inserting after subsection (a) the
following:</DELETED>
<DELETED> ``(b) Studies of Areas for Potential Inclusion in the
National Park System.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Factors used in developing list.--In
developing the list submitted under this subsection, the
Secretary shall consider--</DELETED>
<DELETED> ``(A) areas that have the greatest
potential for meeting the established criteria of
national significance, suitability, and
feasibility;</DELETED>
<DELETED> ``(B) themes, sites, and resources not
adequately represented in the National Park System;
and</DELETED>
<DELETED> ``(C) congressional requests.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) The conduct of a preliminary
resource assessment.</DELETED>
<DELETED> ``(B) Collection of data on a potential
study area.</DELETED>
<DELETED> ``(C) Provision of technical and planning
assistance.</DELETED>
<DELETED> ``(D) Preparation or processing of a
nomination for an administrative designation.</DELETED>
<DELETED> ``(E) Updating of a previous
study.</DELETED>
<DELETED> ``(F) Completion of a reconnaissance
survey of an area.</DELETED>
<DELETED> ``(5) National wild and scenic rivers system;
national trails system.--Nothing in this section applies to,
affects, or alters the study of--</DELETED>
<DELETED> ``(A) any river segment for potential
addition to the National Wild and Scenic Rivers System;
or</DELETED>
<DELETED> ``(B) any trail for potential addition to
the National Trails System.</DELETED>
<DELETED> ``(6) Public involvement.--In conducting a study
under this subsection, the Secretary shall--</DELETED>
<DELETED> ``(A) provide an opportunity for public
involvement, including at least 1 public meeting in the
vicinity of the area under study; and</DELETED>
<DELETED> ``(B) make reasonable efforts to notify
potentially affected landowners and State and local
governments.</DELETED>
<DELETED> ``(7) Factors used in conducting study.--In
conducting a study of an area under this subsection, the
Secretary--</DELETED>
<DELETED> ``(A) shall consider whether the area--
</DELETED>
<DELETED> ``(i) possesses nationally
significant natural, historic or cultural
resources, or outstanding recreational
opportunities;</DELETED>
<DELETED> ``(ii) represents 1 of the most
important examples of a particular resource
type in the United States; and</DELETED>
<DELETED> ``(iii) is a suitable and feasible
addition to the National Park System;</DELETED>
<DELETED> ``(B) shall consider--</DELETED>
<DELETED> ``(i) the rarity and integrity of
the resources of the area;</DELETED>
<DELETED> ``(ii) the threats to
resources;</DELETED>
<DELETED> ``(iii) whether similar resources
are already protected in the National Park
System or in other public or private
ownership;</DELETED>
<DELETED> ``(iv) the public use potential of
the area;</DELETED>
<DELETED> ``(v) the interpretive and
educational potential of the area;</DELETED>
<DELETED> ``(vi) costs associated with
acquisition, development, and operation of the
area and the source or revenue to pay for the
cost;</DELETED>
<DELETED> ``(vii) the socioeconomic impacts
of inclusion of the area in the National Park
System;</DELETED>
<DELETED> ``(viii) the level of local and
general public support for the
inclusion;</DELETED>
<DELETED> ``(ix) whether the area is of
appropriate configuration to ensure long-term
resource protection and visitor use;
and</DELETED>
<DELETED> ``(x) the potential impact on the
inclusion of the area on existing units of the
National Park System;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(E) may include any other information
that the Secretary considers pertinent.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Office.--The Secretary shall establish a single
office to carry out this section.</DELETED>
<DELETED> ``(d) List of Previously Studied Areas With Historical or
Natural Resources.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Priority.--Each list under paragraph (1)
shall list areas in numerical order of priority for addition to
the National Park System.</DELETED>
<DELETED> ``(3) Factors.--In developing a list under
paragraph (1), the Secretary shall consider the factors
described in subsection (b)(2).</DELETED>
<DELETED> ``(3) Supporting data.--The Secretary shall
include on a list under paragraph (1) only areas for which
supporting data are current and accurate.''.</DELETED>
<DELETED>TITLE III--RECREATIONAL FEE DEMONSTRATION PROGRAM</DELETED>
<DELETED>SEC. 301. EXTENSION OF THE RECREATIONAL FEE DEMONSTRATION
PROGRAM.</DELETED>
<DELETED> (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)--</DELETED>
<DELETED> (1) is extended through September 30, 2005;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Report.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Contents.--The report under paragraph (1)
shall contain--</DELETED>
<DELETED> (A) an evaluation of the fee demonstration
program conducted at each national park;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) a description of the manner in which
the amount of the fee at each national park was
established.</DELETED>
<DELETED>TITLE IV--CONCESSION REFORM</DELETED>
<DELETED>SEC. 401. PURPOSE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (4) the administration of contracts be simplified
while ensuring compliance with the terms, conditions, and
provisions of each contract;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 402. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Concessionaire.--The term ``concessionaire''
means a person providing a concession service under a
concession contract with the Secretary.</DELETED>
<DELETED> (3) Concession board.--The term ``Concession
Board'' means the Concession Board appointed under section
403.</DELETED>
<DELETED> (4) Concession manager.--The term ``Concession
Manager'' means the Concession Manager of the National Park
Service appointed under section 404.</DELETED>
<DELETED> (5) Consumer price index.--The term ``Consumer
Price Index'' means--</DELETED>
<DELETED> (A) the Consumer Price Index--All Urban
Consumers published by the Bureau of Labor Statistics
of the Department of Labor; or</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 403. NATIONAL PARK SERVICE CONCESSION BOARD.</DELETED>
<DELETED> (a) Establishment.--There is established within the
National Park Service a Concession Board.</DELETED>
<DELETED> (b) Membership.--The Concession Board shall be composed
of--</DELETED>
<DELETED> (1) 6 individuals appointed by the Secretary, of
whom--</DELETED>
<DELETED> (A) 3 shall be past or present employees
of the National Park Service with substantial
experience in concession management; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) the Secretary, who shall serve as
chairperson.</DELETED>
<DELETED> (c) Term.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Staggered terms.--The Secretary may stagger
the terms of members appointed under subsection
(b)(1).</DELETED>
<DELETED> (3) Vacancies.--The Secretary may appoint a member
to serve for the unexpired term of any departing
member.</DELETED>
<DELETED> (d) Functions.--The Concession Board shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) review all proposals received and interview
all persons that meet the requirements as specified in the
solicitation for proposals; and</DELETED>
<DELETED> (C) submit to the Secretary a recommendation for
appointment of the Concession Manager;</DELETED>
<DELETED> (2) review decisions of the Concession Manager and
make recommendations to the Secretary regarding--</DELETED>
<DELETED> (A) the selection of concessionaires;
and</DELETED>
<DELETED> (B) such other matters as the Secretary
may refer to the Concession Board;</DELETED>
<DELETED> (3) make recommendations to the Secretary
regarding--</DELETED>
<DELETED> (A) allocation of fees collected from
concessionaires for the purposes of section 406;
and</DELETED>
<DELETED> (B) how much funding should be allocated
to individual national parks after concession capital
improvement programs and maintenance operations are
funded; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 404. CONCESSION MANAGER.</DELETED>
<DELETED> (a) Appointment.--</DELETED>
<DELETED> (1) Contract award.--The Secretary shall award a
single contract for the appointment of a Concession Manager for
all national parks.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Criteria.--The Concession Manager shall be an
independent, nongovernmental entity--</DELETED>
<DELETED> (A) that has substantial experience in the
management of large hotel, food service, retail, and
recreational properties; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Term.--The term of a contract under subsection (a)
shall not exceed 10 years.</DELETED>
<DELETED> (c) Functions.--The Concession Manager shall--</DELETED>
<DELETED> (1) solicit, negotiate, and enforce the terms and
conditions of concession contracts in compliance with this
title; and</DELETED>
<DELETED> (2) submit recommendations to the Secretary
regarding the award of concession contracts, including--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) establishment of the terms and
conditions of a concession contract in accordance with
section 405(a);</DELETED>
<DELETED> (C) determine whether to renew a contract
without issuance of a prospectus as permitted under
section 405(g);</DELETED>
<DELETED> (D) develop a capital improvement and
maintenance program for all concession facilities,
including development of--</DELETED>
<DELETED> (i) overall facility standards
based on comparable industry standards;
and</DELETED>
<DELETED> (ii) site-specific capital
improvement and maintenance programs for the
areas in which concession activities will be
conducted;</DELETED>
<DELETED> (E) develop a quality-assurance plan for
each concession operation in accordance with subsection
(e);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (G) on a regular basis, conduct visitor
surveys seeking information regarding concession
activities; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Prospectus Requirements.--Any prospectus issued by the
Concession Manager shall, at a minimum, include--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) a description of any quality assurance plan
developed for the concession contract under subsection
(e);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) the term of the concession contract in
accordance with section 405(e);</DELETED>
<DELETED> (6) a description of all fees sought by the
Government in connection with the concession
contract;</DELETED>
<DELETED> (7) a description of any personal property to be
sold by the departing concessionaire and the cost of the
personal property;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (e) Quality Assurance Plan Requirements.--A quality
assurance plan for a concession contract--</DELETED>
<DELETED> (1) shall be tailored to the nature and character
of the goods and services provided under the concession
contract;</DELETED>
<DELETED> (2) may be based on comparable industry
standards;</DELETED>
<DELETED> (3) shall be included in contracts as awarded;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Staffing of the National Park Service.--</DELETED>
<DELETED> (1) Regional and national offices.--Not later than
2 years after the date of enactment of this Act--</DELETED>
<DELETED> (A) each regional office shall retain 1
National Park Service employee to act as concession
coordinator for the region of the office; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 405. CONCESSION CONTRACTS.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Terms and conditions.--A concession contract
shall include--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) visitor services;</DELETED>
<DELETED> (ii) purchased goods;</DELETED>
<DELETED> (iii) interpretation;</DELETED>
<DELETED> (iv) park administrative
functions;</DELETED>
<DELETED> (v) employee housing and other
nonincome producing facilities; and</DELETED>
<DELETED> (vi) other services or
activities.</DELETED>
<DELETED> (2) Franchise fees.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Contents.--The franchise fee for a
concession contract may include any of the
following:</DELETED>
<DELETED> (i) An annual cash payment for the
privilege of providing concession
services.</DELETED>
<DELETED> (ii) Fees for rental or lease of
Government-owned facilities or land occupied by
the concessionaire.</DELETED>
<DELETED> (iii) Expenditures for maintenance
of or improvements to Government-owned
facilities occupied by the
concessionaire.</DELETED>
<DELETED> (3) Minimum acceptable fee.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Bases.--The amount of a minimum fee
shall be based on--</DELETED>
<DELETED> (i) historical data, if available;
and</DELETED>
<DELETED> (ii) industry-specific and other
market data available to the Secretary and the
Concession Manager.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Capital Improvements.--</DELETED>
<DELETED> (1) Possessory interests under existing
contracts.--</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (B) Appraisals.--</DELETED>
<DELETED> (i) Timing.--An appraisal under
subparagraph (A)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Possessory interests.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) the appraised sound
value (as determined under this
section); or</DELETED>
<DELETED> (II) the concessionaire's
original cost for newly constructed or
acquired structures, fixtures, or
improvements as set forth in paragraph
(2);</DELETED>
<DELETED>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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (D) Appraisal disputes.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (F) Conversion to leasehold surrender
value.--</DELETED>
<DELETED> (i) Valuation of capital
improvements.--To the extent that a succeeding
concessionaire pays for the possessory interest
of a preceding concessionaire, the amount
paid--</DELETED>
<DELETED> (I) shall constitute the
initial leaseholder surrender value
respecting the applicable capital
improvements at the commencement of the
concession contract; and</DELETED>
<DELETED> (II) shall be valued in
accordance with paragraph
(2).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Leasehold surrender value under new concession
contracts.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (B) Computation of leasehold surrender
value.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Property right as
collateral.--A property right under clause
(i)--</DELETED>
<DELETED> (I) may be given as
security for financing of a capital
improvement; and</DELETED>
<DELETED> (II) shall be transferred
in connection with any transfer of the
concession contract under subsection
(f).</DELETED>
<DELETED> (iii) Duration.--The leasehold
surrender value--</DELETED>
<DELETED> (I) shall not be
extinguished by the expiration or other
termination of a concession contract;
and</DELETED>
<DELETED> (II) may not be taken for
public use, except on payment of just
compensation.</DELETED>
<DELETED> (iv) Calculation.--The amount of
the leasehold surrender value for a capital
improvement shall be an amount that is equal
to--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Rates and Prices.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Maintenance Accounts.--</DELETED>
<DELETED> (1) In general.--A concession contract may require
that separate maintenance accounts may be established for the
maintenance of--</DELETED>
<DELETED> (A) structures, fixtures, and other
improvements in which the concessionaire is entitled to
a leasehold surrender value; and</DELETED>
<DELETED> (B) other structures or other improvements
assigned to the concessionaire.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Withdrawals.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Term.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Transferability.--</DELETED>
<DELETED> (1) In general.--A concession contract shall be
transferable only with the approval of the Secretary.</DELETED>
<DELETED> (2) Approval.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Renewal of Contracts.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Exceptions.--</DELETED>
<DELETED> (A) Guides and outfitters.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Minor expansion of concession
contract.--Nothing in this title prohibits the
Secretary and a concessionaire from amending a
concession contract to--</DELETED>
<DELETED> (i) change the quality or quantity
of goods or services provided under the
concession contract; or</DELETED>
<DELETED> (ii) provide new or additional
services that are a natural extension of the
concession contract and complement services
already provided under the concession
contract;</DELETED>
<DELETED>so long as the amendment does not materially
change the nature or scope of the concession contract
as a whole.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Emergency and temporary contracts.--A
concession contract may be awarded or extended for a
period not to exceed 3 years without competitive bids--
</DELETED>
<DELETED> (i) if necessary to avoid
curtailment of visitor services at a national
park; or</DELETED>
<DELETED> (ii) for the purpose of providing
goods or services that are expected to be of
temporary duration.</DELETED>
<DELETED> (h) Bidding Procedures.--</DELETED>
<DELETED> (1) Solicitation of bids.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Contents.--The prospectus shall, in
addition to the provisions required under subsection
(a)(1), contain--</DELETED>
<DELETED> (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);</DELETED>
<DELETED> (ii) an explanation of the bid
review and selection process; and</DELETED>
<DELETED> (iii) such other information
concerning the national park and the award as
the Concession Manager considers
relevant.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Qualification of bidders; rejection of bids.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Selection of concessionaire; negotiation and
execution of concession contract.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Negotiation.--The negotiation--
</DELETED>
<DELETED> (i) shall be conducted by the
Concession Manager in good faith with the
selected bidder; and</DELETED>
<DELETED> (ii) shall be confined to any
terms of the concession contract that the
bidder identified in the bid submitted as being
unacceptable.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (E) Review.--A concession contract shall
be subject to review and approval by the Secretary
before execution by the United States.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 406. REVENUE FLOW; FEES TO THE GOVERNMENT.</DELETED>
<DELETED> (a) Special Account.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Exceptions.--For purposes of this section,
fees shall not include any amounts set aside in a maintenance
account.</DELETED>
<DELETED> (b) Use of Amounts in the Special Account.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 407. SUSPENSION OR TERMINATION OF CONCESSION
CONTRACT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) within such longer period of time as the
concessionaire may reasonably require to correct the
condition.</DELETED>
<DELETED>SEC. 408. REPORTING.</DELETED>
<DELETED> (a) Maintenance and Access.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 409. PROMOTION OF THE SALES OF INDIAN AND ALASKA
NATIVE HANDICRAFTS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 410. USE OF NONMONETARY CONSIDERATION IN LEASES OF
GOVERNMENT PROPERTY.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED>SEC. 411. APPLICABILITY OF NEPA TO RENEWALS AND EXTENSIONS OF
SIMILAR CONTRACTS.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED>SEC. 412. MISCELLANEOUS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Savings.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE V--NATIONAL PARK PASSPORT PROGRAM</DELETED>
<DELETED>SEC. 501. PURPOSES.</DELETED>
<DELETED> The purposes of this title are--</DELETED>
<DELETED> (1) to develop a national park passport that
includes a collectible stamp to be used for admission to the
national parks; and</DELETED>
<DELETED> (2) to generate revenue for support of the
National Park System.</DELETED>
<DELETED>SEC. 502. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) International park passport.--The term
``international park passport'' means an international park
passport issued under section 505.</DELETED>
<DELETED> (2) Park passport.--The term ``park passport''
means a park passport issued under section 503.</DELETED>
<DELETED>SEC. 503. NATIONAL PARK PASSPORT PROGRAM.</DELETED>
<DELETED> (a) In General.--The Secretary shall establish a national
park passport program.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Transferability.--A national park passport shall not
be transferable.</DELETED>
<DELETED>SEC. 504. ADMINISTRATION.</DELETED>
<DELETED> (a) Effective Period.--A park passport shall be an annual
passport effective from January 1 through December 31 of a
year.</DELETED>
<DELETED> (b) Stamp Design Competition.--</DELETED>
<DELETED> (1) In general.--The Secretary shall hold an
annual competition for the design of the stamp to be affixed to
the passport.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Sale of Stamps and Passports.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) By private entities.--</DELETED>
<DELETED> (A) Vendor sales.--Park passports
(including stamps) may be sold by private vendors on
consignment in accordance with guidelines established
by the Secretary.</DELETED>
<DELETED> (B) Vendor commissions.--A private vendor
may be allowed to collect a commission on each park
passport sold, as determined by the
Secretary.</DELETED>
<DELETED> (C) Limitations.--The Secretary may limit
the number of private vendors of park
passports.</DELETED>
<DELETED> (d) Use of Proceeds.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Treasury account.--Amounts collected from the
sale of park passports--</DELETED>
<DELETED> (A) shall be deposited in a special
account in the Treasury of the United States;
and</DELETED>
<DELETED> (B) shall remain available until expended,
without further Act of appropriation, for projects
throughout the National Park System.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 505. INTERNATIONAL PARK PASSPORT PROGRAM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Availability.--An international park passport and
stamp shall be made available exclusively to foreign visitors to the
United States.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Effective Period.--An international park passport
shall be valid for a period of 45 days.</DELETED>
<DELETED> (e) Use of Proceeds.--</DELETED>
<DELETED> (1) In general.--Of the amounts collected from the
sale of international park passports--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 506. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 507. EFFECT ON OTHER LAWS AND PROGRAMS.</DELETED>
<DELETED> (a) Park Passport Not Required.--A park passport shall not
be required for--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (f) Fee.--The fee for a park passport and stamp shall be
$50.</DELETED>
<DELETED>TITLE VI--NATIONAL PARKS RESOURCE INVENTORY AND
MANAGEMENT</DELETED>
<DELETED>SEC. 601. PURPOSES.</DELETED>
<DELETED> The purposes of this title are--</DELETED>
<DELETED> (1) to more effectively achieve the mission of the
National Park Service;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) to ensure appropriate documentation of
resource conditions in the national parks;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) to encourage the publication and dissemination
of information derived from studies in the national
parks.</DELETED>
<DELETED>SEC. 602. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Chief scientist.--The term ``Chief Scientist''
means the Chief Scientist of the National Park Service
appointed under section 603(b).</DELETED>
<DELETED> (2) Cultural resource.--The term ``cultural
resource'' means--</DELETED>
<DELETED> (A) a historic property (as defined in
section 301 of the National Historic Preservation Act
(16 U.S.C. 470w));</DELETED>
<DELETED> (B) an archaeological resource (as defined
in section 3 of the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470bb)); and</DELETED>
<DELETED> (C) a museum object (as defined by the
Secretary).</DELETED>
<DELETED> (3) Unit resource study.--The term ``unit resource
study'' means a study conducted under section 603.</DELETED>
<DELETED>SEC. 603. UNIT RESOURCE STUDY PROGRAM.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Matters to be studied.--The unit resource
study program under paragraph (1) shall consist of studies of--
</DELETED>
<DELETED> (A) natural resources employing the
various natural sciences;</DELETED>
<DELETED> (B) cultural resources employing the
various sciences and disciplines related to cultural
resources;</DELETED>
<DELETED> (C) physical resources employing the
various sciences and disciplines related to physical
resources; and</DELETED>
<DELETED> (D) the contemporary uses of national
parks employing the various social sciences and other
disciplines related to those uses.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Chief Scientist.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Responsibilities.--The Chief Scientist--
</DELETED>
<DELETED> (A) shall have responsibility for
coordination of all unit resource studies;
and</DELETED>
<DELETED> (B) shall have line authority over all
persons within the National Park Service conducting
unit resource studies.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Peer Review Process.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Requirements.--The peer review process shall
provide for--</DELETED>
<DELETED> (A) review by independent referees
selected from among individuals recommended by the
National Academy of Sciences; and</DELETED>
<DELETED> (B) consideration of other relevant data
or information submitted to the Secretary.</DELETED>
<DELETED> (e) Allocation of Available Funding.--The Chief Scientist
shall allocate funds for unit resource studies in accordance with
priorities established by national park superintendents.</DELETED>
<DELETED>SEC. 604. COOPERATIVE AGREEMENTS AND CONTRACTS.</DELETED>
<DELETED> (a) Cooperative Agreements With Colleges and
Universities.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Geographic dispersement.--The cooperative
agreements shall be geographically dispersed across the various
regions of the country.</DELETED>
<DELETED> (b) Other Cooperative Agreements or Contracts.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Review of unit resource studies.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 605. INVENTORY AND MONITORING PROGRAM.</DELETED>
<DELETED> (a) Program.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Development.--The monitoring program shall be
developed in cooperation with other Federal monitoring and
information collection efforts to ensure a cost-effective
approach.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 606. AVAILABILITY OF NATIONAL PARKS FOR SCIENTIFIC
STUDY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) is consistent with applicable law and National
Park Service management policies; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 607. INTEGRATION OF STUDY RESULTS INTO MANAGEMENT
DECISIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 608. CONFIDENTIALITY OF INFORMATION CONCERNING THE NATURE
AND LOCATION OF SENSITIVE RESOURCES.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) disclosure is consistent with other applicable
laws protecting the resource.</DELETED>
<DELETED>SEC. 609. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There is authorized to be appropriated to carry out this
title $15,000,000 for each fiscal year.</DELETED>
<DELETED>TITLE VII--DESIGNATION OF TAX REFUNDS AND CONTRIBUTIONS FOR
THE BENEFIT OF THE NATIONAL PARKS</DELETED>
<DELETED>SEC. 701. TAX REFUNDS AND CONTRIBUTIONS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR
THE BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM</DELETED>
<DELETED>``Sec. 6097. Designation.
<DELETED>``SEC. 6097. DESIGNATION.</DELETED>
<DELETED> ``(a) In General.--In the case of an individual, a
taxpayer may designate that--</DELETED>
<DELETED> ``(1) a specified portion (not less than $1) of
any overpayment of tax imposed by chapter 1 for any taxable
year; and</DELETED>
<DELETED> ``(2) any cash contribution which the taxpayer
includes with the return of such tax,</DELETED>
<DELETED>shall be paid over to the National Parks Trust Fund.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of parts for subchapter
A of such Code is amended by adding at the end the following:</DELETED>
<DELETED>``Part IX. Designation of
overpayments and contributions
for the benefit of units of the
National Park System.''.
<DELETED> (c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1998.</DELETED>
<DELETED>SEC. 702. NATIONAL PARKS TRUST FUND.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``SEC. 9512. NATIONAL PARKS TRUST FUND.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Expenditures From Trust Fund.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(2) Administrative expenses.--Amounts in the
National Parks Trust Fund shall be available to pay
administrative expenses directly allocable to--</DELETED>
<DELETED> ``(A) modifying the individual income tax
return forms to carry out the provisions of section
6097; and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Study.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents.--The study shall include information
on--</DELETED>
<DELETED> (A) the amount of money covered into the
Fund,</DELETED>
<DELETED> (B) the projects that were undertaken with
funds from the Fund, and</DELETED>
<DELETED> (C) any other information that the
Secretary considers useful in evaluating the program's
effectiveness.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Sec 9512. National Parks Trust
Fund.''.
<DELETED>SEC. 703. EXPENDITURES FROM THE NATIONAL PARKS TRUST
FUND.</DELETED>
<DELETED> The Secretary--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) shall not use amounts in the National Parks
Trust Fund for land acquisition.</DELETED>
<DELETED>TITLE VIII--NATIONAL PARK FOUNDATION</DELETED>
<DELETED>SEC. 801. PROMOTION OF LOCAL FUNDRAISING SUPPORT.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``SEC. 12. PROMOTION OF LOCAL FUNDRAISING SUPPORT.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Implementation.--The program under subsection (a)
shall be implemented to--</DELETED>
<DELETED> ``(1) assist in the creation of local nonprofit
support organizations; and</DELETED>
<DELETED> ``(2) provide support, national consistency, and
management-improving suggestions for local nonprofit support
organizations.</DELETED>
<DELETED> ``(c) Extent of Program.--The program under subsection (a)
shall include the greatest number of national parks as is
practicable.</DELETED>
<DELETED> ``(d) Requirements.--The program under subsection (a)
shall include, at a minimum--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) standard and legally tenable bylaws and
recommended money-handling procedures that can easily be
adapted as applied to individual national parks; and</DELETED>
<DELETED> ``(3) a standard training curriculum to orient and
expand the operating expertise of personnel employed by local
nonprofit support organizations.</DELETED>
<DELETED> ``(e) Report.--The Foundation shall report the progress of
the program under subsection (a) in the annual report of the
Foundation.</DELETED>
<DELETED> ``(f) Affiliations.--</DELETED>
<DELETED> ``(1) Charter or corporate bylaws.--Nothing in
this section requires--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Establishment.--An affiliation with the
Foundation shall be established only at the discretion of the
governing board of a nonprofit organization.''.</DELETED>
<DELETED>TITLE IX--COMMERCIAL FILMING IN NATIONAL PARKS</DELETED>
<DELETED>SEC. 901. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Commercial visual image.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Exclusions.--The term ``commercial
visual image'' does not include--</DELETED>
<DELETED> (i) a visual image produced for
dissemination to the public as news;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Recorded image.--</DELETED>
<DELETED> (A) In general.--The term ``recorded
image'' means a motion picture, still photograph, or
other form of visual image produced by any
technology.</DELETED>
<DELETED> (B) Inclusions.--The term ``recorded
image'' includes--</DELETED>
<DELETED> (i) a feature length film, short,
or documentary; and</DELETED>
<DELETED> (ii) promotional or advertising
material.</DELETED>
<DELETED> (3) Vehicle.--The term ``vehicle'' means a larger
production in which a commercial recorded image is intended to
be included.</DELETED>
<DELETED>SEC. 902. COMMERCIAL FILMING IN NATIONAL PARKS.</DELETED>
<DELETED> (a) Office.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Permit Requirement.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Fee calculation.--The fee under paragraph (1)
for production of a recorded image shall be an amount equal to
</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>of 1 percent of the
production budget for preparation of the vehicle in which the
recorded image is intended to be included.</DELETED>
<DELETED> (3) Application.--An application to produce a
commercial recorded image shall include, in addition to other
information required by law (including a regulation)--
</DELETED>
<DELETED> (A) a description of the commercial
recorded image and vehicle; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Fee payment.--The fee required by paragraph
(1) shall be paid before any part of the production of the
recorded image is undertaken.</DELETED>
<DELETED> (5) Final accounting.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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))--</DELETED>
<DELETED> (1) shall be deposited in a special account in the
Treasury of the United States; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Report.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Contents.--The report under
subparagraph (A) shall include--</DELETED>
<DELETED> (i) details on how the National
Park Service is carrying out this
section;</DELETED>
<DELETED> (ii) a complete accounting of
proceeds received and a description of high-
priority projects funded under this title;
and</DELETED>
<DELETED> (iii) an accounting of proceeds
reimbursed to individual national parks for
costs incurred for administrative, security,
and logistical expenses.</DELETED>
<DELETED>TITLE X--CAPITAL IMPROVEMENT PROJECT BOND DEMONSTRATION
PROGRAM</DELETED>
<DELETED>SEC. 1001. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1002. CAPITAL IMPROVEMENT PROJECTS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 1003. ISSUANCE OF OBLIGATIONS.</DELETED>
<DELETED> (a) Authority.--The Secretary may issue obligations to the
Secretary of the Treasury for use in the bond demonstration program
established under this title.</DELETED>
<DELETED> (b) Amount.--The total amount of obligations issued under
subsection (a) outstanding at any one time shall not exceed
$40,000,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Obligation Characteristics.-- Obligations issued under
subsection (a)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Sale.--The Secretary of the Treasury may at any time
sell any of the obligations acquired by the Secretary under this
section.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 1004. FINANCING.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 1005. REPORT.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Contents.--The report under subsection (a) shall
include a discussion of--</DELETED>
<DELETED> (1) the mechanics of the bonding
process;</DELETED>
<DELETED> (2) the transaction costs associated with the
issuance of the obligations;</DELETED>
<DELETED> (3) the implications of dedicating a revenue
stream to repay such obligations; and</DELETED>
<DELETED> (4) the recommendations of the Secretary and the
Secretary of the Treasury regarding the potential expansion of
the bond demonstration program.</DELETED>
<DELETED>TITLE XI--MISCELLANEOUS</DELETED>
<DELETED>SEC. 1101. UNITED STATES PARK POLICE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the findings and recommendations of the task
force;</DELETED>
<DELETED> (2) complete justifications for any
recommendations made; and</DELETED>
<DELETED> (3) a complete description of any adverse impacts
that would occur if any need identified in the report is not
met.</DELETED>
<DELETED>SEC. 1102. LEASES AND COOPERATIVE MANAGEMENT
AGREEMENTS.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(k) Leases.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Use.--Buildings and associated property
leased under paragraph (1)--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) shall not result in degradation of
the purposes and values of the unit; and</DELETED>
<DELETED> ``(C) shall be compatible with National
Park Service programs.</DELETED>
<DELETED> ``(3) Rental amounts.--</DELETED>
<DELETED> ``(A) In general.--With respect to a lease
under paragraph (1)--</DELETED>
<DELETED> ``(i) payment of fair market value
rental shall be required; and</DELETED>
<DELETED> ``(ii) section 321 of the Act of
June 30, 1932 (47 Stat. 412, chapter 314; 40
U.S.C. 303b) shall not apply.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Special account.--</DELETED>
<DELETED> ``(A) Deposits.--Rental payments under a
lease under paragraph (1) shall be deposited in a
special account in the Treasury of the United
States.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) facility
refurbishment;</DELETED>
<DELETED> ``(ii) repair and
replacement;</DELETED>
<DELETED> ``(iii) infrastructure projects
associated with park resource protection;
and</DELETED>
<DELETED> ``(iv) direct maintenance of the
leased buildings and associated
properties.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(l) Cooperative Management agreements.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Conforming Amendments.--Section 3 of Public Law 91-383
(16 U.S.C. 1a-2) is amended--</DELETED>
<DELETED> (1) by striking ``Sec. 3.'' and all that follows
through ``(a) provide'' and inserting the following:</DELETED>
<DELETED>``SEC. 3. AUTHORIZED ACTIVITIES OF SECRETARY OF THE
INTERIOR.</DELETED>
<DELETED> ``(a) Transportation.--The Secretary of the Interior
(referred to in this section as the `Secretary') may
provide'';</DELETED>
<DELETED> (2) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``where (1) such areas''
and inserting ``if--</DELETED>
<DELETED> ``(1) the areas''; and</DELETED>
<DELETED> (B) by striking ``transportation, and (2)
such transportation'' and inserting ``transportation;
and</DELETED>
<DELETED> ``(2) the transportation'';</DELETED>
<DELETED> (3)(A) by striking the semicolon at the end of
each of subsections (a) through (f) and subsection (h) and
inserting a period; and</DELETED>
<DELETED> (B) by striking ``; and'' at the end of subsection
(i) and inserting a period;</DELETED>
<DELETED> (4) in subsection (b), by striking ``(b) provide''
and inserting the following:</DELETED>
<DELETED> ``(b) Recreation.--The Secretary may provide'';</DELETED>
<DELETED> (5) in subsection (c), by striking ``(c) appoint''
and inserting the following:</DELETED>
<DELETED> ``(c) Advisory Committees; Compensation and Travel
Expenses.--The Secretary may appoint'';</DELETED>
<DELETED> (6) in subsection (d), by striking ``(d)
purchase'' and inserting the following:</DELETED>
<DELETED> ``(d) Park Equipment Purchases.--The Secretary may
purchase'';</DELETED>
<DELETED> (7) in subsection (e), by striking ``(e) enter''
and inserting the following:</DELETED>
<DELETED> ``(e) Service, Resource, and Water Contracts.--The
Secretary may enter'';</DELETED>
<DELETED> (8) in subsection (f), by striking ``(f) acquire,
and have installed, air-conditioning units'' and inserting the
following:</DELETED>
<DELETED> ``(f) Vehicular Air Conditioners.--The Secretary may
acquire and install air conditioners'';</DELETED>
<DELETED> (9) in subsection (g)--</DELETED>
<DELETED> (A) by striking ``(g) sell'' and inserting
the following:</DELETED>
<DELETED> ``(g) Living Exhibits and Interpretive Demonstrations.--
</DELETED>
<DELETED> ``(1) In general.--The Secretary may
sell'';</DELETED>
<DELETED> (B) by striking ``demonstrations;'' and
inserting ``demonstrations.''</DELETED>
<DELETED> (C) by striking ``Sixty percent'' and
inserting the following:</DELETED>
<DELETED> ``(2) Special account.--</DELETED>
<DELETED> ``(A) Deposit of portion of fees.--Sixty
percent'';</DELETED>
<DELETED> (D) by striking ``special account'' and
inserting ``special account.'';</DELETED>
<DELETED> (E) by striking ``and that such funds''
and inserting the following:</DELETED>
<DELETED> ``(B) Availability.--Amounts in the
special account'';</DELETED>
<DELETED> (F) by striking ``(1) to the extent'' and
inserting the following:</DELETED>
<DELETED> ``(i) to the extent'';</DELETED>
<DELETED> (G) by striking ``(2) to conduct'' and
inserting the following:</DELETED>
<DELETED> ``(ii) to conduct'';</DELETED>
<DELETED> (H) by striking ``The investigations
provided for in this subsection'' and inserting the
following:</DELETED>
<DELETED> ``(3) Investigation design.--An investigation
under paragraph (2)(B)(ii)'';</DELETED>
<DELETED> (I) by striking ``The Secretary'' and
inserting the following:</DELETED>
<DELETED> ``(4) No additional conditions.--The
Secretary'';</DELETED>
<DELETED> (J) by striking ``When competitively'' and
inserting the following:</DELETED>
<DELETED> ``(5) Competitive award of permits.--When
competitively'';</DELETED>
<DELETED> (K) by striking ``Fees paid'' and
inserting the following:</DELETED>
<DELETED> ``(6) Fees.--</DELETED>
<DELETED> ``(A) In general.--Fees paid'';</DELETED>
<DELETED> (L) by striking ``For the purposes of this
subsection'' and inserting the following:</DELETED>
<DELETED> ``(B) Definition of certain permittee.--In
subparagraph (A)''; and</DELETED>
<DELETED> (M) by striking ``Nothing in this
subsection'' and inserting the following:</DELETED>
<DELETED> ``(7) No additional permit requirements.--Nothing
in this subsection'';</DELETED>
<DELETED> (10) in subsection (h)--</DELETED>
<DELETED> (A) by striking ``(h) promulgate'' and
inserting the following:</DELETED>
<DELETED> ``(h) Boating and Other Water Activities.--</DELETED>
<DELETED> ``(1) In general.--The Secretary may promulgate'';
and</DELETED>
<DELETED> (B) by striking ``States: Provided, That
any'' and inserting ``States.</DELETED>
<DELETED> ``(2) Authority of the coast guard.--
Any'';</DELETED>
<DELETED> (11) in subsection (i), by striking ``(i)
provide'' and inserting the following:</DELETED>
<DELETED> ``(i) Employee Meals and Lodging.--The Secretary may
provide''; and</DELETED>
<DELETED> (12) in subsection (j), by striking ``(j) Enter''
and inserting the following:</DELETED>
<DELETED> ``(j) Cooperative Research and Training Programs.--The
Secretary may enter''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vision 2020 National Parks System
Restoration Act''.
SEC. 2. DEFINITIONS.
As used in this Act, the term--
(1) ``Secretary'' means the Secretary of the Interior, and
(2) ``park'' or ``national park'' means a unit of the
National Park System.
TITLE I--NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING AND
MANAGEMENT
SEC. 101. PROTECTION, INTERPRETATION AND RESEARCH IN THE NATIONAL PARK
SYSTEM.
Recognizing the ever increasing societal pressures being placed
upon America's unique natural and cultural resources contained in the
National Park System, the Secretary shall continually improve the
ability of the National Park Service to provide state-of-the art
management, protection, and interpretation of and research on the
resources of the National Park System.
SEC. 102. NATIONAL PARK SERVICE EMPLOYEE TRAINING.
The Secretary shall develop a comprehensive training program for
employees in all professional careers in the work force of the National
Park Service for the purpose of assuring that the work force has
available the best, up-to-date knowledge, skills and abilities with
which to manage, interpret and protect the resources of the National
Park System.
SEC. 103. MANAGEMENT DEVELOPMENT AND TRAINING.
The Secretary shall develop a clear plan for management training
and development, whereby career, professional National Park Service
employees from any appropriate academic field may obtain sufficient
training, experience, and advancement opportunity to enable those
qualified to move into park management positions, including explicitly
the position of park superintendent.
SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.
(a) Strategic Plans.--Each unit of the National Park System shall
prepare and make available to the public a 5-year strategic plan and an
annual performance plan. Such plans shall reflect the National Park
Service policies, goals and outcomes represented in the Service-wide
Strategic Plan, prepared pursuant to the provisions of the Government
Performance and Results Act (Public Law 103-62).
(b) Park Budget.--As a part of each park's annual performance plan
prepared pursuant to subsection (a) of this section, following receipt
of each park's appropriation from the Operations of the National Park
System account (but no later than January 1 of each year), each park
superintendent shall develop and make available to the public the
budget for the current fiscal year for that park. The budget shall
include, at a minimum, funding allocations for resource preservation
(including resource management), visitor services (including
maintenance, interpretation, law enforcement, and search and rescue)
and administration. The budget shall also include allocations into each
of the above categories of all funds retained from fees collected for
that year, including but not limited to special use permits, concession
franchise fees, and recreation use and entrance fees.
TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT
SEC. 201. PURPOSES.
The purposes of this title are--
(1) to more effectively achieve the mission of the National
Park Service;
(2) to enhance management and protection of national park
resources by providing clear authority and direction for the
conduct of scientific study in the National Park System and to
use the information gathered for management purposes;
(3) to ensure appropriate documentation of resource
conditions in the National Park System;
(4) to encourage others to use the National Park System for
study to the benefit of park management as well as broader
scientific value, where such study is consistent with the Act
of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4); and
(5) to encourage the publication and dissemination of
information derived from studies in the National Park System.
SEC. 202. RESEARCH MANDATE.
The Secretary is authorized and directed to assure that management
of units of the National Park System is enhanced by the availability
and utilization of a broad program of the highest quality science and
information.
SEC. 203. COOPERATIVE AGREEMENTS.
(a) Cooperative Study Units.--The Secretary is authorized and
directed to enter into cooperative agreements with colleges and
universities, including but not limited to land grant schools, in
partnership with other Federal and State agencies, to establish
cooperative study units to conduct multi-disciplinary research and
develop integrated information products on the resources of the
National Park System, or the larger region of which parks are a part.
(b) Report.--Within one year of the date of enactment of this
title, the Secretary shall report to the Committee on Energy and
Natural Resources of the United States Senate and the Committee on
Resources of the House of Representatives on progress in the
establishment of a comprehensive network of such college and university
based cooperative study units as will provide full geographic and
topical coverage for research on the resources contained in units of
the National Park System and their larger regions.
SEC. 204. INVENTORY AND MONITORING PROGRAM.
The Secretary shall undertake a program of inventory and monitoring
of National Park System resources to establish baseline information and
to provide information on the long-term trends in the condition of
National Park System resources. The monitoring program shall be
developed in cooperation with other Federal monitoring and information
collection efforts to ensure a cost-effective approach.
SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY.
(a) In General.--The Secretary may solicit, receive, and consider
requests from Federal or non-Federal public or private agencies,
organizations, individuals, or other entities for the use of any unit
of the National Park System for purposes of scientific study.
(b) Criteria.--A request for use of a unit of the National Park
System under subsection (a) may only be approved if the Secretary
determines that the proposed study--
(1) is consistent with applicable laws and National Park
Service management policies; and
(2) will be conducted in a manner as to pose no significant
threat to or broad impairment of park resources or public
enjoyment derived from those resources.
(c) Fee Waiver.--The Secretary may waive any park admission or
recreational use fee in order to facilitate the conduct of scientific
study under this section.
SEC. 206. INTEGRATION OF STUDY RESULTS INTO MANAGEMENT DECISIONS.
The Secretary shall take such measures as are necessary to assure
the full and proper utilization of the results of scientific study for
park management decisions. In each case in which a park resource may be
adversely affected by an action undertaken by the National Park
Service, the administrative record shall reflect the manner in which
unit resource studies have been considered.
SEC. 207. CONFIDENTIALITY OF INFORMATION.
Information concerning the nature and location of a park resource
which is endangered, threatened, rare, or commercially valuable, or for
an object of cultural patrimony within a unit of the National Park
System, may be withheld from the public in response to a request under
section 552 of title 5, United States Code, unless the Secretary
determines that--
(1) disclosure of the information would further the
purposes of the park unit in which the resource is located and
would not create a substantial risk of harm, theft, or
destruction of the resource, including individual specimens of
any resource population; and
(2) disclosure is consistent with other applicable laws
protecting the resource.
TITLE III--PROCEDURES FOR ESTABLISHMENT OF NEW UNITS OF THE NATIONAL
PARK SYSTEM
SEC. 301. STUDIES OF AREAS FOR POTENTIAL INCLUSION IN THE NATIONAL PARK
SYSTEM.
Section 8 of Public Law 91-383 (16 U.S.C. 1a-5) is amended--
(1) in subsection (a)--
(A) by inserting ``General Author- ity.--'' after
``(a)'';
(B) by striking the second through sixth sentences;
and
(C) by striking ``For the purposes of carrying
out'' and inserting the following:
``(e) Authorization of Appropriations.--For the purposes of
carrying out''; and
(2) by inserting after subsection (a) the following:
``(b) Studies of Areas for Potential Inclusion in the National Park
System.--
``(1)(A) At the beginning of each calendar year, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Resources of the United States House of Representatives a list
of areas recommended for study for potential inclusion as new
units in the National Park System.
``(B) If the Secretary determines during a specific
calendar year that no areas are recommended for study for
potential inclusion in the National Park System, the Secretary
is not required to submit the list referenced in subparagraph
(A).
``(2) In developing the list submitted under this
subsection, the Secretary shall consider--
``(A) areas that have the greatest potential for
meeting the established criteria of national
significance, suitability, and feasibility;
``(B) themes, sites, and resources not adequately
represented in the National Park System; and
``(C) public proposals and Congressional requests.
``(3) Nothing in this subsection shall limit the authority
of the Secretary to conduct preliminary planning activities,
including--
``(A) the conduct of a preliminary resource
assessment;
``(B) collection of data on a potential study area;
``(C) provision of technical and planning
assistance;
``(D) preparation or processing of a nomination for
an administrative designation;
``(E) updating of a previous study; or
``(F) completion of a reconnaissance survey of an
area.
``(4) National wild and scenic rivers system; national
trails system.--Nothing in this section applies to, affects, or
alters the study of--
``(A) any river segment for potential addition to
the National Wild and Scenic Rivers System; or
``(B) any trail for potential addition to the
National Trails System.
``(5) In conducting a study under this subsection, the
Secretary shall--
``(A) provide adequate public notice and an
opportunity for public involvement, including at least
one public meeting in the vicinity of the area under
study; and
``(B) make reasonable efforts to notify potentially
affected landowners and State and local governments.
``(6) In conducting a study of an area under this
subsection, the Secretary--
``(A) shall consider whether the area--
``(i) possesses nationally significant
natural, historic or cultural resources, or
outstanding recreational opportunities;
``(ii) represents one of the most important
examples (singly or as part of a group) of a
particular resource type in the United States;
and
``(iii) is a suitable and feasible addition
to the National Park System;
``(B) shall consider--
``(i) the rarity and integrity of the
resources of the area;
``(ii) the threats to resources;
``(iii) whether similar resources are
already protected in the National Park System
or in other public or private ownership;
``(iv) benefits to the public;
``(v) the interpretive and educational
potential of the area;
``(vi) costs associated with acquisition,
development, and operation of the area and the
source or revenue to pay for the cost;
``(vii) the socioeconomic impacts of
inclusion of the area in the National Park
System;
``(viii) the level of local and general
public support for the inclusion;
``(ix) whether the area is of appropriate
configuration to ensure long-term resource
protection and appropriate visitor use; and
``(x) the potential impact on the inclusion
of the area on existing units of the National
Park System;
``(C) shall consider whether direct management by
the Secretary or alternative protection by other public
agencies or the private sector is most appropriate for
the area;
``(D) shall identify what alternative, if any, or
what combination of alternatives would, as determined
by the Secretary, be most effective and efficient in
protecting significant resources and providing for
public enjoyment; and
``(E) may include any other information that the
Secretary considers pertinent.
``(7) The letter transmitting a completed study to Congress
shall contain a recommendation regarding the preferred
management option of the Secretary for the area.
``(8) The Secretary shall complete a study of an area for
potential inclusion in the National Park System within three
years after the date funds are made available for the study.
``(c) List of Previously Studied Areas With Historical or Natural
Resources.--
``(1) At the beginning of each calendar year, the Secretary
shall submit to the Committee on Energy and Natural Resources
of the United States Senate and to the Committee on Resources
of the United States House of Representatives--
``(A) a list of areas that have been previously
studied under this section that contain primarily
historical or cultural resources, but have not been
added to the National Park System; and
``(B) a list of areas that have been previously
studied under this section that contain primarily
natural resources, but have not been added to the
National Park System.
``(2) In developing a list under paragraph (1), the
Secretary shall consider the factors described in subsection
(b)(2).
``(3) The Secretary shall include on a list under paragraph
(1) only areas for which supporting data are current and
accurate.''.
TITLE IV--NATIONAL PARK SERVICE CONCESSION MANAGEMENT
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Park Service Concession
Management Improvement Act of 1998''.
SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF POLICY.
In furtherance of the Act of August 25, 1916 (39 Stat. 535), as
amended (16 U.S.C. 1, 2-4), which directs the Secretary of the Interior
to administer areas of the National Park System in accordance with the
fundamental purpose of conserving their scenery, wildlife, natural and
historic objects, and providing for their enjoyment in a manner that
will leave them unimpaired for the enjoyment of future generations, the
Congress hereby finds that the preservation of park values requires
that such public accommodations, facilities and services as have to be
provided within those areas should be provided only under carefully
controlled safeguards against unregulated and indiscriminate use, so
that heavy visitation will not unduly impair these values and so that
development of such facilities can best be limited to locations where
the least damage to park values will be caused. It is the policy of the
Congress that such development shall be limited to those that are
necessary and appropriate for public use and enjoyment of the unit of
the National Park System in which they are located and that are
consistent to the highest practicable degree with the preservation and
conservation of the units.
SEC. 403. AWARD OF CONCESSION CONTRACTS.
In furtherance of the findings and policy stated in section 402,
and, except as provided by this title or otherwise authorized by law,
the Secretary shall utilize concession contracts to authorize private
entities to provide accommodations, facilities and services to visitors
to areas of the National Park system. Such concession contracts shall
be awarded as follows:
(a) Competitive Selection Process.--Except as otherwise provided in
this section, all proposed concession contracts shall be awarded by the
Secretary to the person, corporation, or other entity submitting the
best proposal as determined by the Secretary through a competitive
selection process. Such competitive process shall include simplified
procedures for small, individually-owned, concession contracts.
(b) Solicitation of Proposals.--Except as otherwise provided in
this section, prior to awarding a new concession contract (including
renewals or extensions of existing concession contracts) the Secretary
shall publicly solicit proposals for the concession contract and, in
connection with such solicitation, the Secretary shall prepare a
prospectus and shall publish notice of its availability at least once
in local or national newspapers or trade publications, and/or the
Commerce Business Daily, as appropriate, and shall make the prospectus
available upon request to all interested parties.
(c) Prospectus.--The prospectus shall include, but need not be
limited to, the following information:
(1) the minimum requirements for such contract as set forth
in subsection (d);
(2) the terms and conditions of any existing concession
contract relating to the services and facilities to be
provided, including all fees and other forms of compensation
provided to the United States by the concessioner;
(3) other authorized facilities or services which may be
provided in a proposal;
(4) facilities and services to be provided by the Secretary
to the concessioner, if any, including, but not limited to,
public access, utilities, and buildings;
(5) an estimate of the amount of compensation, if any, due
an existing concessioner from a new concessioner under the
terms of a prior concession contract;
(6) a statement as to the weight to be given to each
selection factor identified in the prospectus and the relative
importance of such factors in the selection process;
(7) such other information related to the proposed
concession operation as is provided to the Secretary pursuant
to a concession contract or is otherwise available to the
Secretary, as the Secretary determines is necessary to allow
for the submission of competitive proposals; and
(8) where applicable, a description of a preferential right
to the award of the proposed concession contract held by an
existing concessioner as set forth in subsection (g).
(d) Minimum Requirements.--
(1) No proposal shall be considered which fails to meet the
minimum requirements as determined by the Secretary. Such
minimum requirements shall include, but need not be limited
to--
(A) the minimum acceptable franchise fee or other
forms of consideration to the government;
(B) any facilities, services, or capital investment
required to be provided by the concessioner; and
(C) measures necessary to ensure the protection and
preservation of park resources.
(2) The Secretary shall reject any proposal, regardless of
the franchise fee offered, if the Secretary determines that the
person, corporation or entity is not qualified, is not likely
to provide satisfactory service, or that the proposal is not
responsive to the objectives of protecting and preserving park
resources and of providing necessary and appropriate facilities
and services to the public at reasonable rates.
(3) If all proposals submitted to the Secretary either fail
to meet the minimum requirements or are rejected by the
Secretary, the Secretary shall establish new minimum contract
requirements and re-initiate the competitive selection process
pursuant to this section.
(4) The Secretary may not execute a concession contract
which materially amends or does not incorporate the proposed
terms and conditions of the concession contract as set forth in
the applicable prospectus. If proposed material amendments or
changes are considered appropriate by the Secretary, the
Secretary shall resolicit offers for the concession contract
incorporating such material amendments or changes.
(e) Selection of the Best Proposal.--
(1) In selecting the best proposal, the Secretary shall
consider the following principal factors:
(A) The responsiveness of the proposal to the
objectives of protecting and preserving park resources
and values and of providing necessary and appropriate
facilities and services to the public at reasonable
rates.
(B) The experience and related background of the
person, corporation, or entity submitting the proposal,
including but not limited to, the past performance and
expertise of such person, corporation or entity in
providing the same or similar facilities or services.
(C) The financial capability of the person,
corporation or entity submitting the proposal.
(D) The proposed franchise fee: Provided, That
consideration of revenue to the United States shall be
subordinate to the objectives of protecting and
preserving park resources and of providing necessary
and appropriate facilities to the public at reasonable
rates.
(2) The Secretary may also consider such secondary factors
as the Secretary deems appropriate.
(3) In developing regulations to implement this title, the
Secretary shall consider the extent to which plans for
employment of Indians (including Native Alaskans) and
involvement of business owned by Indians, Indian tribes, or
Native Alaskans in the operation of a concession contracts
should be identified as a factor in the selection of a best
proposal under this section.
(f) Congressional Notification.--The Secretary shall submit any
proposed concession contract with anticipated annual gross receipts in
excess of $5,000,000 or a duration of ten years or more to the
Committee on Energy and Natural Resources of the United States Senate
and the Committee on Resources of the United States House of
Representatives. The Secretary shall not award any such proposed
contract until at least 60 days subsequent to the notification of both
committees.
(g) Preferential Right of Renewal.--
(1) Except as provided in paragraph (2), the Secretary
shall not grant a concessioner a preferential right to renew a
concession contract, or any other form of preference to a
concession contract.
(2) The Secretary shall grant a preferential right of
renewal to an existing concessioner with respect to proposed
renewals of the categories of concession contracts described by
subsection (h), subject to the requirements of that subsection.
(3) As used in this title, the term ``preferential right of
renewal'' means that the Secretary, subject to a determination
by the Secretary that the facilities or services authorized by
a prior contract continue to be necessary and appropriate
within the meaning of section 402 of this title, shall allow a
concessioner qualifying for a preferential right of renewal the
opportunity to match the terms and conditions of any competing
proposal which the Secretary determines to be the best proposal
for a proposed new concession contract which authorizes the
continuation of the facilities and services provided by the
concessioner under its prior contract.
(4) A concessioner which successfully exercises a
preferential right of renewal in accordance with the
requirements of this title shall be entitled to award of the
proposed new concession contract to which such preference
applies.
(h) Outfitter and Guide Services and Small Contracts.--The
provisions of subsection (g) shall apply only to concession contracts
authorizing outfitter and guide services and concession contracts with
anticipated annual gross receipts under $500,000 as further described
below and which otherwise qualify as follows:
(1) Outfitting and guide contracts.--For the purposes of
this title, an ``outfitting and guide concession contract''
means a concession contract which solely authorizes the
provision of specialized backcountry outdoor recreation guide
services which require the employment of specially trained and
experienced guides to accompany park visitors in the
backcountry so as to provide a safe and enjoyable experience
for visitors who otherwise may not have the skills and
equipment to engage in such activity. Outfitting and guide
concessioners, where otherwise qualified, include, but are not
limited to, concessioners which provide guided river running,
hunting, fishing, horseback, camping, and mountaineering
experiences. An outfitting and guide concessioner is entitled
to a preferential right of renewal under this title only if--
(A) the contract the outfitting and guide
concessioner holds does not grant the concessioner any
interest, including, but not limited to, any leasehold
surrender interest or possessory interest, in capital
improvements on lands owned by the United States within
a unit of the National Park System: Provided, That this
limitation shall not apply to capital improvements
constructed by a concessioner pursuant to the terms of
a concession contract prior to the effective date of
this title; and
(B) the Secretary determines that the concessioner
has operated satisfactorily during the term of the
contract (including any extension thereof); and
(C) the concessioner has submitted a responsive
proposal for a proposed new contract which satisfies
the minimum requirements established by the Secretary
pursuant to subsection (d).
(2) Contracts with anticipated annual gross receipts under
$500,000.--A concessioner which holds a concession contract
where the Secretary has estimated that its renewal will result
in gross annual receipts of less than $500,000 shall be
entitled to a preferential right of renewal under this title
if--
(A) the Secretary has determined that the
concessioner has operated satisfactorily during the
term of the contract (including any extension thereof);
and
(B) the concessioner has submitted a responsive
proposal for a proposed new concession contract which
satisfies the minimum requirements established by the
Secretary pursuant to subsection (d).
(i) New or Additional Services.--The Secretary shall not grant a
preferential right to a concessioner to provide new or additional
services in a park.
(j) Secretarial Authority.--Nothing in this title shall be
construed as limiting the authority of the Secretary to determine
whether to issue a concession contract or to establish its terms and
conditions in furtherance of the policies expressed in this title.
(k) Exceptions.--Notwithstanding the provisions of this section,
the Secretary may award, without public solicitation--
(1) a temporary concession contract or extend an existing
concession contract for a term not to exceed three years in
order to avoid interruption of services to the public at a
park, except that prior to making such an award, the Secretary
shall take all reasonable and appropriate steps to consider
alternatives to avoid such interruption; and
(2) a concession contract in extraordinary circumstances
where compelling and equitable considerations require the award
of a concession contract to a particular party in the public
interest. Such award of a concession contract shall not be made
by the Secretary until at least thirty days after publication
in the ``Federal Register'' of notice of the Secretary's
intention to do so and the reasons for such action, and notice
to the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United
States House of Representatives.
SEC. 404. TERM OF CONCESSION CONTRACTS.
A concession contract entered into pursuant to this title shall be
awarded for a term not to exceed ten years: Provided, That the
Secretary may award a contract for a term of up to twenty years if the
Secretary determines that the contract terms and conditions, including
the required construction of capital improvements, warrant a longer
term.
SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT.
(a) Leasehold Surrender Interest Under New Concession Contracts.--
(1) On or after the date of enactment of this title, a
concessioner which constructs a capital improvement upon land
owned by the United States within a unit of the National Park
System pursuant to a concession contract, shall have a
leasehold surrender interest in such capital improvement
subject to the following terms and conditions:
(A) A concessioner shall have a property right in
each capital improvement constructed by a concessioner
under a concession contract, consisting solely of a
right to compensation for the capital improvement to
the extent of the value of the concessioner's leasehold
surrender interest in the capital improvement.
(B) A leasehold surrender interest--
(i) may be pledged as security for
financing of a capital improvement or the
acquisition of a concession contract when
approved by the Secretary pursuant to this
title;
(ii) shall be transferred by the
concessioner in connection with any transfer of
the concession contract and may be relinquished
or waived by the concessioner; and
(iii) shall not be extinguished by the
expiration or other termination of a concession
contract and may not be taken for public use
except on payment of just compensation.
(C) The value of a leasehold surrender interest in
a capital improvement shall be an amount equal to the
initial value (construction cost of the capital
improvement), increased (or decreased) in the same
percentage increase (or decrease) as the percentage
increase (or decrease) in the Consumer Price Index,
from the date of making the investment in the capital
improvement by the concessioner to the date of payment
of the value of the leasehold surrender interest, less
depreciation of the capital improvement as evidenced by
the condition and prospective serviceability in
comparison with a new unit of like kind.
(D) Where a concessioner, pursuant to the terms of
a concession contract, makes a capital improvement to
an existing capital improvement in which the
concessioner has a leasehold surrender interest, the
cost of such additional capital improvement shall be
added to the then current value of the concessioner's leasehold
surrender interest.
(E) For purposes of this section, the term--
(i) ``Consumer Price Index'' means the
``Consumer Price Index--All Urban Consumers''
published by the Bureau of Labor Statistics of
the Department of Labor, unless such index is
not published, in which case another regularly
published cost-of-living index approximating
the Consumer Price Index shall be utilized by
the Secretary; and
(ii) ``capital improvement'' means a
structure, fixture, or non-removable equipment
provided by a concessioner pursuant to the
terms of a concession contract and located on
lands of the United States within a unit of the
National Park System.
(b) Special Rule for Existing Possessory Interest.--
(1) A concessioner which has obtained a possessory interest
as defined in Public Law 89-249 under the terms of a concession
contract entered into prior to the date of enactment of this
title shall, upon the expiration or termination of such
contract, be entitled to receive compensation for such
possessory interest improvements in the amount and manner as
described by such concession contract.
(2) In the event such prior concessioner is awarded a new
concession contract after the effective date of this title
replacing an existing concession contract, the existing
concessioner shall, instead of directly receiving such
possessory interest compensation, have a leasehold surrender
interest in its existing possessory interest improvements under
the terms of the new contract and shall carry over as the
initial value of such leasehold surrender interest (instead of
construction cost) an amount equal to the value of the existing
possessory interest as of the termination date of the previous
contract. In the event of a dispute between the concessioner
and the Secretary as to the value of such possessory interest,
the matter shall be resolved through binding arbitration.
(3) In the event that a new concessioner is awarded a
concession contract and is required to pay a prior concessioner
for possessory interest in prior improvements, the new
concessioner shall have a leasehold surrender interest in such
prior improvements and the initial value in such leasehold
surrender interest (instead of construction cost), shall be an
amount equal to the value of the existing possessory interest
as of the termination date of the previous contract.
(c) Transition to Successor Concessioner.--Upon expiration or
termination of a concession contract entered into after the effective
date of this title, a concessioner shall be entitled under the terms of
the concession contract to receive from the United States or a
successor concessioner the value of any leasehold surrender interest in
a capital improvement as of the date of such expiration or termination.
A successor concessioner shall have a leasehold surrender interest in
such capital improvement under the terms of a new contract and the
initial value of the leasehold surrender interest in such capital
improvement (instead of construction cost) shall be the amount of money
the new concessioner is required to pay the prior concessioner for its
leasehold surrender interest under the terms of the prior concession
contract.
(d) Title to Improvements.--Title to any capital improvement
constructed by a concessioner on lands owned by the United States in a
unit of the National Park System shall be in the United States.
SEC. 406. REASONABLENESS OF RATES.
The reasonableness of a concessioner's rates and charges to the
public, unless otherwise provided in the contract, shall be judged
primarily by comparison with those rates and charges for facilities and
services of comparable character under similar conditions, with due
consideration for length of season, peakloads, average percentage of
occupancy, accessibility, availability and costs of labor and
materials, type of patronage, and other factors deemed significant by
the Secretary. A concessioner's rates and charges to the public shall
be subject to approval by the Secretary pursuant to the terms of the
concesssion contract. The approval process utilized by the Secretary
shall be as prompt and unburdensome to the concessioner as possible and
shall rely on market forces to establish reasonableness of rates and
charges to the maximum extent practicable.
SEC. 407. FRANCHISE FEES.
(a) In General.--A concession contract shall provide for payment to
the government of a franchise fee or such other monetary consideration
as determined by the Secretary, upon consideration of the probable
value to the concessioner of the privileges granted by the particular
contract involved. Such probable value is a reasonable opportunity for
net profit in relation to capital invested and the obligations of the
contract. Consideration of revenue to the United States shall be
subordinate to the objectives of protecting and preserving park areas
and of providing adequate and appropriate services for visitors at
reasonable rates.
(b) Amount of Franchise Fee.--The amount of the franchise fee or
other monetary consideration paid to the United States for the term of
the concession contract shall be specified in the concession contract
and may only be modified to reflect substantial, unanticipated changes
from the conditions anticipated as of the effective date of the
contract. The Secretary shall include in concession contracts with a
term of more than five years a provision which allows reconsideration
of the franchise fee at the request of the Secretary or the
concessioner in the event of such substantial, unanticipated changes.
Such provision shall provide for binding arbitration in the event that
the Secretary and the concessioner are unable to agree upon an
adjustment to the franchise fee in these circumstances.
(c) Special Account.--All franchise fees (and other monetary
consideration) paid to the United States pursuant to a concession
contract shall be covered into a special account established in the
Treasury of the United States. The funds contained in such special
account shall be available for expenditure by the Secretary, without
appropriation, until expended for use in accordance with subsection
(d).
(d) Use of Franchise Fees.--Funds contained in the special account
shall be transferred to a subaccount and shall be allocated to each
applicable unit of the National Park System, based on the proportion
that the amount of concession contract fees collected from the unit
during the fiscal year bears to the total amount of concession contract
fees collected from all units of the National Park System during the
fiscal year, to fund high-priority resource management and visitor
services programs and operations.
SEC. 408. TRANSFER OF CONCESSION CONTRACTS.
(a) Approval of the Secretary.--No concession contract or leasehold
surrender interest may be transferred, assigned, sold, or otherwise
conveyed or pledged by a concessioner without prior written
notification to, and approval of the Secretary.
(b) Conditions.--The Secretary shall not unreasonably withhold
approval of such a conveyance or pledge, and shall approve such
conveyance or pledge if the Secretary in his discretion determines
that--
(1) the individual, corporation or entity seeking to
acquire a concession contract is qualified to be able to
satisfy the terms and conditions of the concession contract;
(2) such conveyance or pledge is consistent with the
objectives of protecting and preserving park resources and of
providing necessary and appropriate facilities and services to
visitors at reasonable rates and charges; and
(3) the terms of such conveyance or pledge are not likely,
directly or indirectly, to: reduce the concessioner's
opportunity for a reasonable profit over the remaining term of
the contract; adversely affect the quality of facilities and
services provided by the concessioner; or result in a need for
increased rates and charges to the public to maintain the
quality of such facilities and services.
SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT ADVISORY BOARD.
(a) Establishment.--There is hereby established a National Park
Service Concessions Management Advisory Board (hereinafter in this
title referred to as the ``Advisory Board'') whose purpose shall be to
advise the Secretary and National Park Service on matters relating to
management of concessions in areas of the National Park System. Among
other matters, the Advisory Board shall advise on policies and
procedures intended to assure that services and facilities provided by
concessioners meet acceptable standards at reasonable rates with a
minimum of impact on park resources and values, and provide the
concessioners with a reasonable opportunity to make a profit. The
Advisory Board shall also advise on ways to make National Park Service
concession programs and procedures more cost effective, efficient, and
less burdensome, including, but not limited to, providing
recommendations regarding National Park Service contracting with the
private sector to conduct appropriate elements of concessions
management and providing recommendations to make more efficient and
less burdensome the approval of concessioner rates and charges to the
public. In addition, the Advisory Board shall make recommendations to
the Secretary regarding the nature and scope of products which qualify
as Indian, Alaska Native, and Native Hawaiian handicrafts within this
meaning of this title. The Advisory Board, commencing with the first
anniversary of its initial meeting, shall provide an annual report on
its activities to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the United
States House of Representatives.
(b) Advisory Board Membership.--Members of the Advisory Board shall
be appointed on a staggered basis by the Secretary for a term not to
exceed four years and shall serve at the pleasure of the Secretary. The
Advisory Board shall be comprised of not more than seven individuals
appointed from among citizens of the United States not in the
employment of the Federal government and not in the employment of or
having an interest in a National Park Service concession. Of the seven
members of the Advisory Board--
(1) one shall be privately employed in the hospitality
industry,
(2) one shall be privately employed in the tourism
industry,
(3) one shall be privately employed in the accounting
industry,
(4) one shall be privately employed in the outfitting and
guide industry,
(5) one shall be a State government employee with expertise
in park concession management,
(6) one shall be active in promotion of traditional arts
and crafts, and
(7) one shall be active in a non-profit conservation
organization involved in the programs of the National Park
Service.
(c) Termination.--The Advisory Board shall continue to exist until
December 31, 2008. In all other respects, it shall be subject to the
provisions of the Federal Advisory Committee Act.
(d) Service on Advisory Board.--Service of an individual as a
member of the Advisory Board shall not be considered as service or
employment bringing such individual within the provisions of any
Federal law relating to conflicts of interest or otherwise imposing
restrictions, requirements, or penalties in relation to the employment
of persons, the performance of services, or the payment or receipt of
compensation in connection with claims, proceedings, or matters
involving the United States. Service as a member of the Advisory Board
shall not be considered service in an appointive or elective position
in the Government for purposes of section 8344 of Title 5 of the United
States Code, or other comparable provisions of Federal law.
SEC. 410. CONTRACTING FOR SERVICES.
To the maximum extent practicable, the Secretary shall contract
with private entities to conduct the following elements of the
management of the National Park Service concession program suitable for
non-federal fulfillment: health and safety inspections, quality control
of concession operations and facilities, analysis of rates and charges
to the public, and financial analysis: Provided, That nothing in this
section shall diminish the governmental responsibilities and authority
of the Secretary to administer concession contracts and activities
pursuant to this title and the Act of August 25, 1916 (39 Stat. 535),
as amended, (16 U.S.C. 1, 2-4). The Secretary shall also consider,
taking into account the recommendations of the National Park Service
Concessions Management Advisory Board, contracting out other elements
of the concession management program, as appropriate.
SEC. 411. USE OF NON-MONETARY CONSIDERATION IN CONCESSION CONTRACTS.
The provisions of section 321 of the Act of June 30, 1932 (47 Stat.
412; 40 U.S.C. 303b), relating to the leasing of buildings and
properties of the United States, shall not apply to contracts awarded
by the Secretary pursuant to this title.
SEC. 412. RECORDKEEPING REQUIREMENTS.
(a) In General.--Each concessioner shall keep such records as the
Secretary may prescribe to enable the Secretary to determine that all
terms of the concession contract have been and are being faithfully
performed, and the Secretary and his duly authorized representatives
shall, for the purpose of audit and examination, have access to said
records and to other books, documents, and papers of the concessioner
pertinent to the contract and all terms and conditions thereof.
(b) Access to Records.--The Comptroller General of the United
States or any of his duly authorized representatives shall, until the
expiration of five calendar years after the close of the business year
of each concessioner or subconcessioner have access to and the right to
examine any pertinent books, papers, documents and records of the
concessioner or subconcessioner related to the contract or contracts
involved.
SEC. 413. REPEAL OF CONCESSION POLICY ACT OF 1965.
(a) Repeal.--The Act of October 9, 1965, Public Law 89-249 (79
Stat. 969, 16 U.S.C. 20-20g), is hereby repealed. The repeal of such
Act shall not affect the validity of any concession contract or permit
entered into under such Act, but the provisions of this title shall
apply to any such contract or permit except to the extent such
provisions are inconsistent with the express terms and conditions of
any such contract or permit. References in this title to concession
contracts awarded under authority of Public Law 89-249 also apply to
concession permits awarded under such authority.
(b) Exception for Pending Contract Solicitations.--Notwithstanding
such repeal, the Secretary may award concession contracts under the
terms of Public Law 89-249 for concession contract solicitations for
which, as of August 1, 1998, a formal prospectus was issued by the
Secretary pursuant to the requirements of 36 C.F.R. Part 51.
(c) Conforming Amendment.--The fourth sentence of section 3 of the
Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 3) is amended by
striking all through ``no natural'' and inserting in lieu thereof, ``No
natural,'' and, the last proviso of such sentence is stricken in its
entirety.
(d) ANILCA.--Nothing in this title amends, supersedes, or otherwise
affects any provision of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.) relating to revenue-producing
visitor services.
SEC. 414. PROMOTION OF THE SALE OF INDIAN, ALASKA NATIVE, AND NATIVE
HAWAIIAN HANDICRAFTS.
(a) In General.--Promoting the sale of United States authentic
Indian, Alaskan Native and Native Hawaiian handicrafts relating to the
cultural, historical, and geographic characteristics of units of the
National Park System is encouraged, and the Secretary shall ensure that
there is a continuing effort to enhance the handicraft trade where it
exists and establish the trade where it currently does not exist.
(b) Exemption From Franchise Fee.--In furtherance of these
purposes, the revenue derived from the sale of United States Indian,
Alaska Native, and Native Hawaiian handicrafts shall be exempt from any
franchise fee payments under this title.
SEC. 415. REGULATIONS.
As soon as practicable after the effective date of this title, the
Secretary shall promulgate regulations appropriate for its
implementation. Among other matters, such regulations shall include
appropriate provisions to ensure that concession services and
facilities to be provided in an area of the National Park System are
not segmented or otherwise split into separate concession contracts for
the purposes of seeking to reduce anticipated annual gross receipts of
a concession contract below $500,000. The Secretary shall also
promulgate regulations which further define the term ``United States
Indian, Alaskan Native, and Native Hawaiian handicrafts'' for the
purposes of this title.
SEC. 416. COMMERCIAL USE AUTHORIZATIONS.
(a) In General.--To the extent specified in this section, the
Secretary, upon request, may authorize a private person, corporation,
or other entity to provide services to visitors to units of the
National Park System through a commercial use authorization. Such
authorizations shall not be considered as concession contracts pursuant
to this title nor shall other sections of this title be applicable to
such authorizations except where expressly so stated.
(b) Criteria for Issuance of Authorizations.--
(1) The authority of this section may be used only to
authorize provisions of services that the Secretary will have
minimal impact on park resources and values and which are
consistent with the purpose for which the park unit was
established and with all applicable management plans and park
policies and regulations.
(2) The Secretary shall--
(A) require payment of a reasonable fee for
issuance of an authorization under this section, such
fees to remain available without further appropriation
to be used, at a minimum, to recover associated
management and administrative costs;
(B) require that the provision of services under
such an authorization be accomplished in a manner
consistent with the highest practicable degree with the
preservation and conservation of park resources and
values;
(C) take appropriate steps to limit the liability
of the United States arising from the provision of
services under such an authorization; and
(D) have no authority under this section to issue
more authorizations than are consistent with the
preservation and proper management of park resources
and values, and shall establish such other conditions
for issuance of such an authorization as the Secretary
determines appropriate for the protection of visitors,
provision of adequate and appropriate visitor services,
and protection and proper management of the resources
and values of the park.
(c) Limitations.--Any authorization issued under this section shall
be limited to--
(1) commercial operations with annual gross receipts of not
more than $25,000 resulting from services originating and
provided solely within a park pursuant to such authorization;
and
(2) the incidental use of park resources by commercial
operations which provide services originating and terminating
outside of the park's boundaries: Provided, That such
authorization shall not provide for the construction of any
structure, fixture, or improvement on federally-owned lands
within the boundaries of the park.
(d) Duration.--The term of any authorization issued under this
section shall not exceed two years. No preferential right of renewal or
similar provisions for renewal shall be granted by the Secretary.
(e) Other Contracts.--A person, corporation, or other entity
seeking or obtaining an authorization pursuant to this section shall
not be precluded from also submitting proposals for concession
contracts.
TITLE V--FEE AUTHORITIES
SEC. 501. EXTENSION OF THE RECREATIONAL FEE DEMONSTRATION PROGRAM.
(a) Authority.--The authority provided to the National Park Service
under the Recreational Fee Demonstration Program authorized by section
315 of Public Law 104-134 (16 U.S.C. 4601-6a note)--
(1) is extended through September 30, 2005; and
(2) shall be available for all units of the National Park
System, and for system-wide fee programs.
(b) Report.--(1) Not later than September 30, 2000, the Secretary
shall submit to the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the United
States House of Representatives a report detailing the status of the
recreational fee demonstration program conducted in units of the
National Park System under section 315 of Public Law 104-134 (16 U.S.C.
4601-6a note).
(2) The report under paragraph (1) shall contain--
(A) an evaluation of the fee demonstration program
conducted at each unit of the National Park System;
(B) with respect to each unit of the National Park System
where a fee is charged under the authority of the Recreational
Fee Demonstration Program (16 U.S.C. 4601-6a note), a
description of the criteria that were used to determine whether
a recreational fee should or should not be charged at such
park; and
(C) a description of the manner in which the amount of the
fee at each national park was established.
(c) Notice.--At least twelve months notice shall be given to the
public prior to the increase or establishment of any fee in units of
the National Park System.
SEC. 502. COMMERCIAL FILMING ACTIVITIES.
(a) Commercial Filming.--The Secretary shall require a permit and
shall establish a reasonable fee for commercial filming activities in
units of the National Park System. Such fee shall provide a fair return
to the United States and shall be based upon the following criteria, in
addition to such other factors as the Secretary deems necessary: the
number of days the filming takes place within a park unit, the size of
the film crew, the amount and type of equipment present, and any
potential impact on park resources. The Secretary is also directed to
recover any costs incurred as a result of filming activities, including
but not limited to administration and personnel costs. All costs
recovered are in addition to the assessed fee.
(b) Still Photography.--(1) Except as provided in paragraph (2),
the Secretary shall not require a permit or assess a fee for commercial
or non-commercial still photography of sites or resources in units of
the National Park System in any part of a park where members of the
public are generally allowed. In other locations, the Secretary may
require a permit, fee, or both, if the Secretary determines that there
is a likelihood of resource impact, disruption of the public's use and
enjoyment of the park, or if the activity poses health or safety risks.
(2) The Secretary shall require the issuance of a permit and the
payment of a reasonable fee for still photography that utilizes models
or props which are not a part of a park's natural or cultural features
or administrative facilities.
(c) Proceeds.--(1) Fees collected within units of the National Park
System under this section shall be deposited in a special account in
the Treasury of the United States and shall be available to the
Secretary, without further appropriation for high-priority visitor
service or resource management projects and programs for the unit of
the National Park System in which the fee is collected.
(2) All costs recovered under this section shall be retained by the
Secretary and shall remain available for expenditure in the park where
collected, without further appropriation.
SEC. 503. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES.
Not later than six months after the date of enactment of this
title, the Secretary and the Secretary of Agriculture shall enter into
an agreement providing for an apportionment among each agency of all
proceeds derived from the sale of Golden Eagle Passports by private
vendors. Such proceeds shall be apportioned to each agency on the basis
of the ratio of each agency's total revenue from admission fees
collected during the previous fiscal year to the sum of all revenue
from admission fees collected during the previous fiscal year for all
agencies participating in the Golden Eagle Passport Program.
TITLE VI--NATIONAL PARK PASSPORT PROGRAM
SEC. 601. PURPOSES.
The purposes of this title are--
(1) to develop a national park passport that includes a
collectible stamp to be used for admission to units of the
National Park System; and
(2) to generate revenue for support of the National Park
System.
SEC. 602. NATIONAL PARK PASSPORT PROGRAM.
(a) Program.--The Secretary shall establish a national park
passport program. A national park passport shall include a collectible
stamp providing the holder admission to all units of the National Park
System.
(b) Effective Period.--A national park passport stamp shall be
effective for a period of 12 months from the date of purchase.
(c) Transferability.--A national park passport and stamp shall not
be transferable.
SEC. 603. ADMINISTRATION.
(a) Stamp Design Competition.--(1) The Secretary shall hold an
annual competition for the design of the collectible stamp to be
affixed to the national park passport.
(2) Each competition shall be open to the public and shall be a
means to educate the American people about the National Park System.
(b) Sale of Passports and Stamps.--(1) National park passports and
stamps shall be sold through the National Park Service and may be sold
by private vendors on consignment in accordance with guidelines
established by the Secretary.
(2) A private vendor may be allowed to collect a commission on each
national park passport (including stamp) sold, as determined by the
Secretary.
(3) The Secretary may limit the number of private vendors of
national park passports (including stamps).
(c) Use of Proceeds.--
(1) The Secretary may use not more than ten percent of the
revenues derived from the sale of national park passports
(including stamps) to administer and promote the national park
passport program and the National Park System.
(2) Amounts collected from the sale of national park
passports shall be deposited in a special account in the
Treasury of the United States and shall remain available until
expended, without further appropriation, for high priority
visitor service or resource management projects throughout the
National Park System.
(d) Agreements.--The Secretary may enter into cooperative
agreements with the National Park Foundation and other interested
parties to provide for the development and implementation of the
national park passport program and the Secretary shall take such
actions as are appropriate to actively market national park passports
and stamps.
(e) Fee.--The fee for a national park passport and stamp shall be
$50.
SEC. 604. INTERNATIONAL PARK PASSPORT PROGRAM.
(a) In General.--The Secretary shall establish an international
park passport program in accordance with the other provisions of this
title except as provided in this section.
(b) Availability.--An international park passport and stamp shall
be made available exclusively to foreign visitors to the United States.
(c) Sale.--International park passports and stamps shall be
available for sale exclusively outside the United States through
commercial tourism channels and consulates or other offices of the
United States.
(d) Fee.--International park passports and stamps shall be sold for
a fee that is $10.00 less than the fee for a national park passport and
stamp, but not less than $40.00.
(e) Form.--An international park passport and stamp shall be
produced in a form that provides useful information to the
international visitor and serves as a souvenir of the visit.
(f) Effective Period.--An international park passport and stamp
shall be valid for a period of 45 days from the date of purchase.
(g) Use of Proceeds.--Amounts collected from the sale of
international park passports and stamps shall be deposited in the
special account under section 603(c) and shall be available as provided
in section 603(c).
(h) Termination of Program.--The Secretary shall terminate the
international park passport program at the end of calendar year 2003
unless at least 200,000 international park passports and stamps are
sold during that calendar year.
SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.
(a) Park Passport Not Required.--A national park passport or
international park passport shall not be required for--
(1) a single visit to a national park that charges a single
visit admission fee under section 4(a)(2) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(a)(2)) or the
Recreational Fee Demonstration Program (16 U.S.C. 4601-6a
note); or
(2) an individual who has obtained a Golden Age or Golden
Access Passport under paragraph (4) or (5) of section 4(a) of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
4601-6a(a)).
(b) Golden Eagle Passports.--A Golden Eagle Passport issued under
section 4(a)(1)(A) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 4601-6a(a)(1)(A)) or the Recreational Fee Demonstration
Program (16 U.S.C. 460l-6a note) shall be honored for admission to each
unit of the National Park System.
(c) Access.--A national park passport and an international park
passport shall provide access to each unit of the National Park System
under the same conditions, rules, and regulations as apply to access
with a Golden Eagle Passport as of the date of enactment of this title.
(d) Limitations.--A national park passport or international park
passport may not be used to obtain access to other Federal recreation
fee areas outside of the National Park System.
(e) Exemptions and Fees.--A national park passport or international
park passport does not exempt the holder from or provide the holder any
discount on any recreation use fee imposed under section 4(b) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) or
the Recreational Fee Demonstration Program (16 U.S.C. 460l-6a note).
TITLE VII--NATIONAL PARK FOUNDATION SUPPORT
SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.
The Act entitled ``An Act to establish the National Park
Foundation'', approved December 18, 1967 (16 U.S.C. 19 et seq.) is
amended by adding at the end thereof the following:
``SEC. 12. PROMOTION OF LOCAL FUNDRAISING SUPPORT.
``(a) Establishment.--The Foundation shall design and implement a
comprehensive program to assist and promote philanthropic programs of
support at the individual national park unit level.
``(b) Implementation.--The program under subsection (a) shall be
implemented to--
``(1) assist in the creation of local nonprofit support
organizations; and
``(2) provide support, national consistency, and
management-improving suggestions for local nonprofit support
organizations.
``(c) Program.--The program under subsection (a) shall include the
greatest number of national park units as is practicable.
``(d) Requirements.--The program under subsection (a) shall
include, at a minimum--
``(1) a standard adaptable organizational design format to
establish and sustain responsible management of a local
nonprofit support organization for support of a national park
unit;
``(2) standard and legally tenable bylaws and recommended
money-handling procedures that can easily be adapted as applied
to individual national park units; and
``(3) a standard training curriculum to orient and expand
the operating expertise of personnel employed by local
nonprofit support organizations.
``(e) Annual Report.--The Foundation shall report the progress of
the program under subsection (a) in the annual report of the
Foundation.
``(f) Affiliations.--
``(1) Charter or corporate bylaws.--Nothing in this section
requires--
``(A) a nonprofit support organization or friends
group in existence on the date of enactment of this
title to modify current practices or to affiliate with
the Foundation; or
``(B) a local nonprofit support organization,
established as a result of this section, to be bound
through its charter or corporate bylaws to be
permanently affiliated with the Foundation.
``(2) Establishment.--An affiliation with the Foundation
shall be established only at the discretion of the governing
board of a nonprofit organization.''.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. UNITED STATES PARK POLICE.
(a) Appointment of Task Force.--Not later than 60 days after the
date of enactment of this title, the Secretary shall appoint a
multidisciplinary task force to fully evaluate the shortfalls, needs,
and requirements of law enforcement programs in the National Park
Service, including a separate analysis for the United States Park
Police, which shall include a review of facility repair,
rehabilitation, equipment, and communication needs.
(b) Submission of Report.--Not later than one year after the date
of enactment of this title, the Secretary shall submit to the
Committees on Energy and Natural Resources and Appropriations of the
United States Senate and the Committees on Resources and Appropriations
of the United States House of Representatives a report that includes--
(1) the findings and recommendations of the task force;
(2) complete justifications for any recommendations made;
and
(3) a complete description of any adverse impacts that
would occur if any need identified in the report is not met.
SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS.
(a) In General.--Section 3 of Public Law 91-383 (16 U.S.C. 1a-2) is
amended by adding at the end the following:
``(k) Leases.--
``(1) In general.--The Secretary may enter into a lease
with any person or governmental entity for the use of buildings
and associated property administered by the Secretary as part
of the National Park System.
``(2) Use.--Buildings and associated property leased under
paragraph (1)--
``(A) shall be used for an activity that is
consistent with the purposes established by law for the
unit in which the building is located;
``(B) shall not result in degradation of the
purposes and values of the unit; and
``(C) shall be compatible with National Park
Service programs.
``(3) Rental amounts.--
``(A) In general.--With respect to a lease under
paragraph (1)--
``(i) payment of fair market value rental
shall be required; and
``(ii) section 321 of the Act of June 30,
1932 (47 Stat. 412, chapter 314; 40 U.S.C.
303b) shall not apply.
``(B) Adjustment.--The Secretary may adjust the
rental amount as appropriate to take into account any
amounts to be expended by the lessee for preservation,
maintenance, restoration, improvement, or repair and
related expenses.
``(C) Regulation.--The Secretary shall promulgate
regulations implementing this subsection that includes
provisions to encourage and facilitate competition in
the leasing process and provide for timely and adequate
public comment.
``(4) Special account.--
``(A) Deposits.--Rental payments under a lease
under paragraph (1) shall be deposited in a special
account in the Treasury of the United States.
``(B) Availability.--Amounts in the special account
shall be available until expended, without further
appropriation, for infrastructure needs at units of the
National Park System, including--
``(i) facility refurbishment;
``(ii) repair and replacement;
``(iii) infrastructure projects associated
with park resource protection; and
``(iv) direct maintenance of the leased
buildings and associated properties.
``(C) Accountability and results.--The Secretary
shall develop procedures for the use of the special
account that ensure accountability and demonstrated
results consistent with this Act.
``(l) Cooperative management agreements.--
``(1) In general.--Where a unit of the National Park System
is located adjacent to or near a State or local park area, and
cooperative management between the National Park Service and a
State or local government agency of a portion of either park
will allow for more effective and efficient management of the
parks, the Secretary is authorized to enter into an agreement
with a State or local government agency to provide for the
cooperative management of the Federal and State or local park
areas: Provided, That the Secretary may not transfer
administration responsibilities for any unit of the National
Park System.
``(2) Provision of goods and services.--Under a cooperative
management agreement, the Secretary may acquire from and
provide to a State or local government agency goods and
services to be used by the Secretary and the State or local
governmental agency in the cooperative management of land.
``(3) Assignment.--An assignment arranged by the Secretary
under section 3372 of title 5, United States Code, of a
Federal, State, or local employee for work in any Federal,
State, or local land or an extension of such an assignment may
be for any period of time determined by the Secretary and the
State or local agency to be mutually beneficial.''.
(b) Historic Lease Process Simplification.--The Secretary is
directed to simplify, to the maximum extent possible, the leasing
process for historic properties with the goal of leasing available
structures in a timely manner.
Amend the title so as to read: ``A bill to provide for improved
management and increased accountability for certain National
Park Service programs, and for other purposes.''