[105th Congress Public Law 391]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ391.105]
[[Page 112 STAT. 3497]]
Public Law 105-391
105th Congress
An Act
To provide for improved management <<NOTE: Nov. 13, 1998 - [S. 1693]>>
and increased accountability for certain National Park Service programs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Parks
Omnibus Management Act of 1998.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 16 USC 5901 note.>> Short Title.--This Act may be cited
as the ``National Parks Omnibus Management Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
TITLE I--NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING, AND
MANAGEMENT
Sec. 101. Protection, interpretation, and research in the National Park
System.
Sec. 102. National Park Service employee training.
Sec. 103. Management development and training.
Sec. 104. Park budgets and accountability.
TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT
Sec. 201. Purposes.
Sec. 202. Research mandate.
Sec. 203. Cooperative agreements.
Sec. 204. Inventory and monitoring program.
Sec. 205. Availability for scientific study.
Sec. 206. Integration of study results into management decisions.
Sec. 207. Confidentiality of information.
TITLE III--STUDY REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Study of addition of new National Park System areas.
TITLE IV--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
Sec. 401. Short title.
Sec. 402. Congressional findings and statement of policy.
Sec. 403. Award of concessions contracts.
Sec. 404. Term of concessions contracts.
Sec. 405. Protection of concessioner investment.
Sec. 406. Reasonableness of rates.
Sec. 407. Franchise fees.
Sec. 408. Transfer of concessions contracts.
Sec. 409. National Park Service Concessions Management Advisory Board.
Sec. 410. Contracting for services.
Sec. 411. Multiple contracts within a park.
Sec. 412. Special rule for transportation contracting services.
[[Page 112 STAT. 3498]]
Sec. 413. Use of nonmonetary consideration in concessions contracts.
Sec. 414. Recordkeeping requirements.
Sec. 415. Repeal of National Park Service Concessions Policy Act.
Sec. 416. Promotion of the sale of Indian, Alaska Native, Native Samoan,
and Native Hawaiian handicrafts.
Sec. 417. Regulations.
Sec. 418. Commercial use authorizations.
Sec. 419. Savings provision.
TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM
Sec. 501. Fees.
Sec. 502. Distribution of golden eagle passport sales.
TITLE VI--NATIONAL PARK PASSPORT PROGRAM
Sec. 601. Purposes.
Sec. 602. National Park passport program.
Sec. 603. Administration.
Sec. 604. Foreign sales of Golden Eagle Passports.
Sec. 605. Effect on other laws and programs.
TITLE VII--NATIONAL PARK FOUNDATION SUPPORT
Sec. 701. Promotion of local fundraising support.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. United States Park Police.
Sec. 802. Leases and cooperative management agreements.
SEC. 2. DEFINITION. <<NOTE: 16 USC 5901.>>
As used in this Act, the term ``Secretary'' means the Secretary of
the Interior, except as otherwise specifically provided.
TITLE I--NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING, AND
MANAGEMENT
SEC. 101. <<NOTE: 16 USC 5911.>> 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. <<NOTE: 16 USC
5912.>>
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. <<NOTE: 16 USC 5913.>>
Within 2 years after the enactment of this Act, 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
superintendent of a unit of the National Park System.
[[Page 112 STAT. 3499]]
SEC. 104. PARK BUDGETS AND ACCOUNTABILITY. <<NOTE: 16 USC 5914.>>
(a) <<NOTE: Public information.>> Strategic and Performance Plans
For Each Unit.--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 of 1993 (Public Law 103-62; 107 Stat. 285).
(b) Annual Budget For Each Unit.--As a part of the annual
performance plan for a unit of the National Park System prepared
pursuant to subsection (a), following receipt of the appropriation for
the unit from the Operations of the National Park System account (but no
later than January 1 of each year), the superintendent of the unit shall
develop and make available to the public the budget for the current
fiscal year for that unit. The budget shall include, at a minimum,
funding allocations for resource preservation (including resource
management), visitor services (including maintenance, interpretation,
law enforcement, and search and rescue) and administration. The budget
shall also include allocations into each of the above categories of all
funds retained from fees collected for that year, including (but not
limited to) special use permits, concession franchise fees, and
recreation use and entrance fees.
TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT
SEC. 201. PURPOSES. <<NOTE: 16 USC 5931.>>
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 (commonly known as the National Park Service
Organic Act; 16 U.S.C. 1 et seq.); and
(5) to encourage the publication and dissemination of
information derived from studies in the National Park System.
SEC. 202. RESEARCH MANDATE. <<NOTE: 16 USC 5932.>>
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.
[[Page 112 STAT. 3500]]
SEC. 203. COOPERATIVE AGREEMENTS. <<NOTE: 16 USC 5933.>>
(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) <<NOTE: Deadline.>> 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. <<NOTE: 16 USC 5934.>>
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. <<NOTE: 16 USC 5935.>>
(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 threat to
park resources or public enjoyment derived from those resources.
(c) Fee Waiver.--The Secretary may waive any park admission or
recreational use fee in order to facilitate the conduct of scientific
study under this section.
(d) Negotiations.--The Secretary may enter into negotiations with
the research community and private industry for equitable, efficient
benefits-sharing arrangements.
SEC. <<NOTE: 16 USC 5936.>> 206. INTEGRATION OF STUDY RESULTS INTO
MANAGEMENT DECISIONS.
The Secretary shall take such measures as are necessary to assure
the full and proper utilization of the results of scientific study for
park management decisions. In each case in which an action undertaken by
the National Park Service may cause a significant adverse effect on a
park resource, the administrative record shall reflect the manner in
which unit resource studies have been considered. The trend in the
condition of resources of the National Park System shall be a
significant factor in the annual performance
[[Page 112 STAT. 3501]]
evaluation of each superintendent of a unit of the National Park System.
SEC. 207. CONFIDENTIALITY OF INFORMATION. <<NOTE: 16 USC 5937.>>
Information concerning the nature and specific location of a
National Park System resource which is endangered, threatened, rare, or
commercially valuable, of mineral or paleontological objects within
units of the National Park System, or of objects of cultural patrimony
within units 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 unit of the National Park System in which the resource or
object is located and would not create an unreasonable risk of
harm, theft, or destruction of the resource or object, including
individual organic or inorganic specimens; and
(2) disclosure is consistent with other applicable laws
protecting the resource or object.
TITLE <<NOTE: National Park System New Areas Studies Act.>> III--STUDY
REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS
SEC. 301. SHORT TITLE. <<NOTE: 16 USC 1 note.>>
This title may be cited as the ``National Park System New Areas
Studies Act''.
SEC. 302. PURPOSE. <<NOTE: 16 USC 1a-5 note.>>
It is the purpose of this title to reform the process by which areas
are considered for addition to the National Park System.
SEC. 303. STUDY OF ADDITION OF NEW NATIONAL PARK SYSTEM AREAS.
Section 8 of Public Law 91-383 (commonly known as the National Park
System General Authorities Act; 16 U.S.C. 1a-5) is amended as follows:
(1) By inserting ``General Authority.--'' after ``(a)''.
(2) By striking the second through the sixth sentences of
subsection (a).
(3) By redesignating the last two sentences of subsection
(a) as subsection (f) and inserting in the first of such
sentences before the words ``For the purposes of carrying'' the
following: ``(f) Authorization of Appropriations.--''.
(4) By inserting the following after subsection (a):
``(b) <<NOTE: Records.>> Studies of Areas for Potential Addition.--
(1) At the beginning of each calendar year, along with the annual budget
submission, the Secretary shall submit to the Committee on Resources of
the House of Representatives and to the Committee on Energy and Natural
Resources of the United States Senate a list of areas recommended for
study for potential inclusion in the National Park System.
``(2) In developing the list to be submitted under this subsection,
the Secretary shall consider--
[[Page 112 STAT. 3502]]
``(A) those areas that have the greatest potential to meet
the established criteria of national significance, suitability,
and feasibility;
``(B) themes, sites, and resources not already adequately
represented in the National Park System; and
``(C) public petition and Congressional resolutions.
``(3) No study of the potential of an area for inclusion in the
National Park System may be initiated after the date of enactment of
this subsection, except as provided by specific authorization of an Act
of Congress.
``(4) Nothing in this Act shall limit the authority of the National
Park Service to conduct preliminary resource assessments, gather data on
potential study areas, provide technical and planning assistance,
prepare or process nominations for administrative designations, update
previous studies, or complete reconnaissance surveys of individual areas
requiring a total expenditure of less than $25,000.
``(5) Nothing in this section shall be construed to apply to or to
affect or alter the study of any river segment for potential addition to
the national wild and scenic rivers system or to apply to or to affect
or alter the study of any trail for potential addition to the national
trails system.
``(c) Report.--(1) The Secretary shall complete the study for each
area for potential inclusion in the National Park System within 3
complete fiscal years following the date on which funds are first made
available for such purposes. Each study under this section shall be
prepared with appropriate opportunity for public involvement, including
at least one public meeting in the vicinity of the area under study, and
after reasonable efforts to notify potentially affected landowners and
State and local governments.
``(2) In conducting the study, the Secretary shall consider whether
the area under study--
``(A) possesses nationally significant natural or cultural
resources and represents one of the most important examples of a
particular resource type in the country; and
``(B) is a suitable and feasible addition to the system.
``(3) Each study--
``(A) shall consider the following factors with regard to
the area being studied--
``(i) the rarity and integrity of the resources;
``(ii) the threats to those resources;
``(iii) similar resources are already protected in
the National Park System or in other public or private
ownership;
``(iv) the public use potential;
``(v) the interpretive and educational potential;
``(vi) costs associated with acquisition,
development and operation;
``(vii) the socioeconomic impacts of any
designation;
``(viii) the level of local and general public
support; and
``(ix) whether the area is of appropriate
configuration to ensure long-term resource protection
and visitor use;
``(B) shall consider whether direct National Park Service
management or alternative protection by other public agencies or
the private sector is appropriate for the area;
[[Page 112 STAT. 3503]]
``(C) shall identify what alternative or combination of
alternatives would in the professional judgment of the Director
of the National Park Service be most effective and efficient in
protecting significant resources and providing for public
enjoyment; and
``(D) may include any other information which the Secretary
deems to be relevant.
``(4) Each study shall be completed in compliance with the National
Environmental Policy Act of 1969.
``(5) The letter transmitting each completed study to Congress shall
contain a recommendation regarding the Secretary's preferred management
option for the area.
``(d) New Area Study Office.--The Secretary shall designate a single
office to be assigned to prepare all new area studies and to implement
other functions of this section.
``(e) List of Areas.--At the beginning of each calendar year, along
with the annual budget submission, the Secretary shall submit to the
Committee on Resources of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate a list of areas
which have been previously studied which contain primarily historical
resources, and a list of areas which have been previously studied which
contain primarily natural resources, in numerical order of priority for
addition to the National Park System. In developing the lists, the
Secretary should consider threats to resource values, cost escalation
factors, and other factors listed in subsection (c) of this section. The
Secretary should only include on the lists areas for which the
supporting data is current and accurate.''.
(5) By adding at the end of subsection (f) (as designated by
paragraph (3) of this section) the following: ``For carrying out
subsections (b) through (d) there are authorized to be
appropriated $2,000,000 for each fiscal year.''.
TITLE <<NOTE: National Park Service Concessions Management Improvement
Act of 1998. Contracts.>> IV--NATIONAL PARK SERVICE CONCESSIONS
MANAGEMENT
SEC. 401. SHORT TITLE. <<NOTE: 16 USC 5901 note.>>
This title may be cited as the ``National Park Service Concessions
Management Improvement Act of 1998''.
SEC. 402. <<NOTE: 16 USC 5951.>> CONGRESSIONAL FINDINGS AND STATEMENT
OF POLICY.
(a) Findings.--In furtherance of the Act of August 25, 1916
(commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et
seq.), which directs the Secretary to administer units of the National
Park System in accordance with the fundamental purpose of conserving
their scenery, wildlife, and natural and 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 and conservation of park resources and values requires that
such public accommodations, facilities, and services as have to be
provided within such units should be provided only under carefully
controlled safeguards against unregulated and indiscriminate use, so
that--
(1) visitation will not unduly impair these resources and
values; and
[[Page 112 STAT. 3504]]
(2) development of public accommodations, facilities, and
services within such units can best be limited to locations that
are consistent to the highest practicable degree with the
preservation and conservation of the resources and values of
such units.
(b) Policy.--It is the policy of the Congress that the development
of public accommodations, facilities, and services in units of the
National Park System shall be limited to those accommodations,
facilities, and services that--
(1) are necessary and appropriate for public use and
enjoyment of the unit of the National Park System in which they
are located; and
(2) are consistent to the highest practicable degree with
the preservation and conservation of the resources and values of
the unit.
SEC. 403. AWARD OF CONCESSIONS CONTRACTS. <<NOTE: 16 USC 5952.>>
In furtherance of the findings and policy stated in section 402, and
except as provided by this title or otherwise authorized by law, the
Secretary shall utilize concessions contracts to authorize a person,
corporation, or other entity to provide accommodations, facilities, and
services to visitors to units of the National Park System. Such
concessions contracts shall be awarded as follows:
(1) Competitive selection process.--Except as otherwise
provided in this section, all proposed concessions contracts
shall be awarded by the Secretary to the person, corporation, or
other entity submitting the best proposal, as determined by the
Secretary through a competitive selection process. Such
competitive process shall include simplified procedures for
small, individually-owned, concessions contracts.
(2) Solicitation of proposals.--Except as otherwise provided
in this section, prior to awarding a new concessions contract
(including renewals or extensions of existing concessions
contracts) the Secretary shall publicly solicit proposals for
the concessions contract and, in connection with such
solicitation, the Secretary shall prepare a prospectus and shall
publish notice of its availability at least once in local or
national newspapers or trade publications, and/or the Commerce
Business Daily, as appropriate, and shall make the prospectus
available upon request to all interested parties.
(3) Prospectus.--The prospectus shall include the following
information:
(A) The minimum requirements for such contract as
set forth in paragraph (4).
(B) The terms and conditions of any existing
concessions contract relating to the services and
facilities to be provided, including all fees and other
forms of compensation provided to the United States by
the concessioner.
(C) Other authorized facilities or services which
may be provided in a proposal.
(D) Facilities and services to be provided by the
Secretary to the concessioner, if any, including public
access, utilities, and buildings.
(E) An estimate of the amount of compensation, if
any, due an existing concessioner from a new
concessioner under the terms of a prior concessions
contract.
[[Page 112 STAT. 3505]]
(F) A statement as to the weight to be given to each
selection factor identified in the prospectus and the
relative importance of such factors in the selection
process.
(G) Such other information related to the proposed
concessions operation as is provided to the Secretary
pursuant to a concessions contract or is otherwise
available to the Secretary, as the Secretary determines
is necessary to allow for the submission of competitive
proposals.
(H) Where applicable, a description of a
preferential right to the renewal of the proposed
concessions contract held by an existing concessioner as
set forth in paragraph (7).
(4) Minimum requirements.--(A) No proposal shall be
considered which fails to meet the minimum requirements as
determined by the Secretary. Such minimum requirements shall
include the following:
(i) The minimum acceptable franchise fee or other
forms of consideration to the Government.
(ii) Any facilities, services, or capital investment
required to be provided by the concessioner.
(iii) Measures necessary to ensure the protection,
conservation, and preservation of resources of the unit
of the National Park System.
(B) The Secretary shall reject any proposal, regardless of
the franchise fee offered, if the Secretary determines that the
person, corporation, or entity is not qualified, is not likely
to provide satisfactory service, or that the proposal is not
responsive to the objectives of protecting and preserving
resources of the unit of the National Park System and of
providing necessary and appropriate facilities and services to
the public at reasonable rates.
(C) If all proposals submitted to the Secretary either fail
to meet the minimum requirements or are rejected by the
Secretary, the Secretary shall establish new minimum contract
requirements and re-initiate the competitive selection process
pursuant to this section.
(D) The Secretary may not execute a concessions contract
which materially amends or does not incorporate the proposed
terms and conditions of the concessions contract as set forth in
the applicable prospectus. If proposed material amendments or
changes are considered appropriate by the Secretary, the
Secretary shall resolicit offers for the concessions contract
incorporating such material amendments or changes.
(5) Selection of the best proposal.--(A) In selecting the
best proposal, the Secretary shall consider the following
principal factors:
(i) The responsiveness of the proposal to the
objectives of protecting, conserving, and preserving
resources of the unit of the National Park System and of
providing necessary and appropriate facilities and
services to the public at reasonable rates.
(ii) The experience and related background of the
person, corporation, or entity submitting the proposal,
including the past performance and expertise of such
person, corporation or entity in providing the same or
similar facilities or services.
[[Page 112 STAT. 3506]]
(iii) The financial capability of the person,
corporation, or entity submitting the proposal.
(iv) The proposed franchise fee, except that
consideration of revenue to the United States shall be
subordinate to the objectives of protecting, conserving,
and preserving resources of the unit of the National
Park System and of providing necessary and appropriate
facilities to the public at reasonable rates.
(B) The Secretary may also consider such secondary factors
as the Secretary deems appropriate.
(C) In developing regulations to implement this title, the
Secretary shall consider the extent to which plans for
employment of Indians (including Native Alaskans) and
involvement of businesses owned by Indians, Indian tribes, or
Native Alaskans in the operation of a concession, contracts
should be identified as a factor in the selection of a best
proposal under this section.
(6) Congressional notification.--The Secretary shall submit
any proposed concessions contract with anticipated annual gross
receipts in excess of $5,000,000 or a duration of more than 10
years to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate. The Secretary shall not award any such
proposed contract until at least 60 days subsequent to the
notification of both committees.
(7) Preferential right of renewal.--(A) Except as provided
in subparagraph (B), the Secretary shall not grant a
concessioner a preferential right to renew a concessions
contract, or any other form of preference to a concessions
contract.
(B) The Secretary shall grant a preferential right of
renewal to an existing concessioner with respect to proposed
renewals of the categories of concessions contracts described by
paragraph (8), subject to the requirements of that paragraph.
(C) As used in this title, the term ``preferential right of
renewal'' means that the Secretary, subject to a determination
by the Secretary that the facilities or services authorized by a
prior contract continue to be necessary and appropriate within
the meaning of section 402, shall allow a concessioner
qualifying for a preferential right of renewal the opportunity
to match the terms and conditions of any competing proposal
which the Secretary determines to be the best proposal for a
proposed new concessions contract which authorizes the
continuation of the facilities and services provided by the
concessioner under its prior contract.
(D) A concessioner which successfully exercises a
preferential right of renewal in accordance with the
requirements of this title shall be entitled to award of the
proposed new concessions contract to which such preference
applies.
(8) <<NOTE: Applicability.>> Outfitter and guide services
and small contracts.--(A) The provisions of paragraph (7) shall
apply only to the following:
(i) Subject to subparagraph (B), outfitting and
guide concessions contracts.
(ii) Subject to subparagraph (C), concessions
contracts with anticipated annual gross receipts under
$500,000.
(B) For the purposes of this title, an ``outfitting and
guide concessions contract'' means a concessions contract which
solely
[[Page 112 STAT. 3507]]
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
concessioners which provide guided river running, hunting,
fishing, horseback, camping, and mountaineering experiences. An
outfitting and guide concessioner is entitled to a preferential
right of renewal under this title only if--
(i) the contract with the outfitting and guide
concessioner does not grant the concessioner any
interest, including any leasehold surrender interest or
possessory interest, in capital improvements on lands
owned by the United States within a unit of the National
Park System, other than a capital improvement
constructed by a concessioner pursuant to the terms of a
concessions contract prior to the date of the enactment
of this title or constructed or owned by a concessioner
or his or her predecessor before the subject land was
incorporated into the National Park System;
(ii) the Secretary determines that the concessioner
has operated satisfactorily during the term of the
contract (including any extension thereof); and
(iii) the concessioner has submitted a responsive
proposal for a proposed new contract which satisfies the
minimum requirements established by the Secretary
pursuant to paragraph (4).
(C) A concessioner that holds a concessions contract that
the Secretary estimates will result in gross annual receipts of
less than $500,000 if renewed shall be entitled to a
preferential right of renewal under this title if--
(i) the Secretary has determined that the
concessioner has operated satisfactorily during the term
of the contract (including any extension thereof); and
(ii) the concessioner has submitted a responsive
proposal for a proposed new concessions contract which
satisfies the minimum requirements established by the
Secretary pursuant to paragraph (4).
(9) New or additional services.--The Secretary shall not
grant a preferential right to a concessioner to provide new or
additional services in a unit of the National Park System.
(10) Secretarial authority.--Nothing in this title shall be
construed as limiting the authority of the Secretary to
determine whether to issue a concessions contract or to
establish its terms and conditions in furtherance of the
policies expressed in this title.
(11) Exceptions.--Notwithstanding the provisions of this
section, the Secretary may award, without public solicitation,
the following:
(A) A temporary concessions contract or an extension
of an existing concessions contract for a term not to
exceed 3 years in order to avoid interruption of
services to the public at a unit of the National Park
System, except that prior to making such an award, the
Secretary shall take
[[Page 112 STAT. 3508]]
all reasonable and appropriate steps to consider
alternatives to avoid such interruption.
(B) <<NOTE: Federal Register, publication.>> A
concessions contract in extraordinary circumstances
where compelling and equitable considerations require
the award of a concessions contract to a particular
party in the public interest. Such award of a
concessions contract shall not be made by the Secretary
until at least 30 days after publication in the Federal
Register of notice of the Secretary's intention to do so
and the reasons for such action, and submission of
notice to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the
House of Representatives.
SEC. 404. TERM OF CONCESSIONS CONTRACTS. <<NOTE: 16 USC 5953.>>
A concessions contract entered into pursuant to this title shall
generally be awarded for a term of 10 years or less. However, the
Secretary may award a contract for a term of up to 20 years if the
Secretary determines that the conract terms and conditions, including
the required construction of capital improvements, warrant a longer
term.
SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT. <<NOTE: 16 USC 5954.>>
(a) Leasehold Surrender Interest Under New Concessions Contracts.--
On or after the date of the enactment of this title, a concessioner that
constructs a capital improvement upon land owned by the United States
within a unit of the National Park System pursuant to a concessions
contract shall have a leasehold surrender interest in such capital
improvement subject to the following terms and conditions:
(1) A concessioner shall have a leasehold surrender interest
in each capital improvement constructed by a concessioner under
a concessions contract, consisting solely of a right to
compensation for the capital improvement to the extent of the
value of the concessioner's leasehold surrender interest in the
capital improvement.
(2) A leasehold surrender interest--
(A) may be pledged as security for financing of a
capital improvement or the acquisition of a concessions
contract when approved by the Secretary pursuant to this
title;
(B) shall be transferred by the concessioner in
connection with any transfer of the concessions contract
and may be relinquished or waived by the concessioner;
and
(C) shall not be extinguished by the expiration or
other termination of a concessions contract and may not
be taken for public use except on payment of just
compensation.
(3) The value of a leasehold surrender interest in a capital
improvement shall be an amount equal to the initial value
(construction cost of the capital improvement), increased (or
decreased) in the same percentage increase (or decrease) as the
percentage increase (or decrease) in the Consumer Price Index,
from the date of making the investment in the capital
improvement by the concessioner to the date of 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.
(4) <<NOTE: Effective date.>> Effective 9 years after the
date of the enactment of this Act, the Secretary may provide, in
any particular new
[[Page 112 STAT. 3509]]
concession contract the Secretary estimates will have a
leasehold surrender interest of more than $10,000,000, that the
value of any leasehold surrender interest in a capital
improvement shall be based on either (A) a reduction on an
annual basis, in equal portions, over the same number of years
as the time period associated with the straight line
depreciation of the initial value (construction cost of the
capital improvement), as provided by applicable Federal income
tax laws and regulations in effect on the day before the date of
the enactment of this Act or (B) such alternative formula that
is consistent with the objectives of this title. <<NOTE: Federal
Register, publication.>> The Secretary may only use such an
alternative formula if the Secretary determines, after scrutiny
of the financial and other circumstances involved in this
particular concession contract (including providing notice in
the Federal Register and opportunity for comment), that such
alternative formula is, compared to the standard method of
determining value provided for in paragraph (3), necessary in
order to provide a fair return to the Government and to foster
competition for the new contract by providing a reasonable
opportunity to make a profit under the new contract. If no
responsive offers are received in response to a solicitation
that includes such an alternative formula, the concession
opportunity shall be resolicited with the leasehold surrender
interest value as described in paragraph (3).
(5) Where a concessioner, pursuant to the terms of a
concessions 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.
(b) Special Rule for Existing Possessory Interest.--
(1) A concessioner which has obtained a possessory interest
as defined pursuant to Public Law 89-249 (commonly known as the
National Park Service Concessions Policy Act; 16 U.S.C. 20 et
seq.), as in effect on the day before the date of the enactment
of this Act, under the terms of a concessions contract entered
into before that date shall, upon the expiration or termination
of such contract, be entitled to receive compensation for such
possessory interest improvements in the amount and manner as
described by such concessions contract. Where such a possessory
interest is not described in the existing contract, compensation
of possessory interest shall be determined in accordance with
the laws in effect on the day before the date of enactment of
this Act.
(2) In the event such prior concessioner is awarded a new
concessions contract after the effective date of this title
replacing an existing concessions 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.
[[Page 112 STAT. 3510]]
(3) In the event that a new concessioner is awarded a
concessions contract and is required to pay a prior concessioner
for possessory interest in prior improvements, the new
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 concessions contract entered into after the effective
date of this title, a concessioner shall be entitled under the terms of
the concessions contract to receive from the United States or a
successor concessioner the value of any leasehold 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 concessions
contract.
(d) Title to Improvements.--Title to any capital improvement
constructed by a concessioner on lands owned by the United States in a
unit of the National Park System shall be vested in the United States.
(e) Definitions.--For purposes of this section:
(1) Consumer price index.--The term ``Consumer Price Index''
means the ``Consumer Price Index--All Urban 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
(2) Capital improvement.--The term ``capital improvement''
means a structure, fixture, or nonremovable equipment provided
by a concessioner pursuant to the terms of a concessions
contract and located on lands of the United States within a unit
of the National Park System.
(f) <<NOTE: Deadline.>> Special Reporting Requirement.-- Not later
than 7 years after the date of the enactment of this Act, the Secretary
shall submit a report to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the House of
Representatives containing a complete analysis of the concession program
as well as--
(1) an assessment of competition in the solicitation of
prospectuses, fair and/or increased return to the Government,
and improvement of concession facilities and infrastructure; and
(2) an assessment of any problems with the management and
administration of the concession program that are a direct
result of the implementation of the provisions of this title.
SEC. 406. REASONABLENESS OF RATES. <<NOTE: 16 USC 5955.>>
(a) In General.--Each concessions contract shall permit the
concessioner to set reasonable and appropriate rates and charges for
facilities, goods, and services provided to the public, subject to
approval under subsection (b).
[[Page 112 STAT. 3511]]
(b) Approval by Secretary Required.--A concessioner's rates and
charges to the public shall be subject to approval by the Secretary. The
approval process utilized by the Secretary shall be as prompt and as
unburdensome to the concessioner as possible and shall rely on market
forces to establish reasonableness of rates and charges to the maximum
extent practicable. The Secretary shall approve rates and charges that
the Secretary determines to be reasonable and appropriate. Unless
otherwise provided in the contract, the reasonableness and
appropriateness of rates and charges shall be determined primarily by
comparison with those rates and charges for facilities, goods, and
services of comparable character under similar conditions, with due
consideration to the following factors and other factors deemed relevant
by the Secretary: length of season, peakloads, average percentage of
occupancy, accessibility, availability and costs of labor and materials,
and type of patronage. Such rates and charges may not exceed the market
rates and charges for comparable facilities, goods, and services, after
taking into account the factors referred to in the preceding sentence.
(c) <<NOTE: Deadline.>> Implementation of Recommendations.--Not
later than 6 months after receiving recommendations from the Advisory
Board established under section 409(a) regarding concessioner rates and
charges to the public, the Secretary shall implement the recommendations
or report to the Congress the reasons for not implementing the
recommendations.
SEC. 407. FRANCHISE FEES. <<NOTE: 16 USC 5956.>>
(a) In General.--A concessions 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 shall be based upon a reasonable
opportunity for net profit in relation to capital invested and the
obligations of the contract. Consideration of revenue to the United
States shall be subordinate to the objectives of protecting and
preserving park areas and of providing necessary and appropriate
services for visitors at reasonable rates.
(b) Amount of Franchise Fee.--The amount of the franchise fee or
other monetary consideration paid to the United States for the term of
the concessions contract shall be specified in the concessions contract
and may only be modified to reflect extraordinary unanticipated changes
from the conditions anticipated as of the effective date of the
contract. The Secretary shall include in concessions contracts with a
term of more than 5 years a provision which allows reconsideration of
the franchise fee at the request of the Secretary or the concessioner in
the event of such extraordinary 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 concessions
contracts shall be deposited into a special account established in the
Treasury of the United States. Twenty percent of the funds deposited in
the special account shall be available for expenditure by the Secretary,
without further appropriation, to support activities throughout the
National Park System regardless of the unit of
[[Page 112 STAT. 3512]]
the National Park System in which the funds were collected. The funds
deposited into the special account shall remain available until
expended.
(d) Subaccount for Each Unit.--There shall be established within the
special account required under subsection (c) a subaccount for each unit
of the National Park System. Each subaccount shall be credited with 80
percent of the franchise fees (and other monetary consideration)
collected at a single unit of the National Park System under concessions
contracts. The funds credited to the subaccount for a unit of the
National Park System shall be available for expenditure by the
Secretary, without further appropriation, for use at the unit for
visitor services and for purposes of funding high-priority and urgently
necessary resource management programs and operations. The funds
credited to a subaccount shall remain available until expended.
SEC. 408. TRANSFER OF CONCESSIONS CONTRACTS. <<NOTE: 16 USC 5957.>>
(a) Approval of the Secretary.--No concessions contract or leasehold
surrender interest may be transferred, assigned, sold, or otherwise
conveyed or pledged by a concessioner without prior written notification
to, and approval by, the Secretary.
(b) Conditions.--The Secretary shall approve a transfer or
conveyance described in subsection (a) unless the Secretary finds that--
(1) the individual, corporation or entity seeking to acquire
a concessions contract is not qualified or able to satisfy the
terms and conditions of the concessions contract;
(2) such transfer or conveyance would have an adverse impact
on (A) the protection, conservation, or preservation of the
resources of the unit of the National Park System or (B) the
provision of necessary and appropriate facilities and services
to visitors at reasonable rates and charges; and
(3) the terms of such transfer or conveyance are likely,
directly or indirectly, to reduce the concessioner's opportunity
for a reasonable profit over the remaining term of the contract,
adversely affect the quality of facilities and services provided
by the concessioner, or result in a need for increased rates and
charges to the public to maintain the quality of such facilities
and services.
(c) Transfer Terms.--The terms and conditions of any contract under
this section shall not be subject to modification or open to
renegotiation by the Secretary because of a transfer or conveyance
described in subsection (a), unless such transfer or conveyance would
have an adverse impact as described in paragraph (2) of subsection (b).
SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT ADVISORY
BOARD. <<NOTE: 16 USC 5958.>>
(a) Establishment.--There is hereby established a National Park
Service Concessions Management Advisory Board (in this title referred to
as the ``Advisory Board'') whose purpose shall be to advise the
Secretary and National Park Service on matters relating to management of
concessions in the National Park System.
(b) Duties.--
(1) Advice.--The Advisory Board shall advise on each of the
following:
[[Page 112 STAT. 3513]]
(A) Policies and procedures intended to assure that
services and facilities provided by concessioners are
necessary and appropriate, meet acceptable standards at
reasonable rates with a minimum of impact on park
resources and values, and provide the concessioners with
a reasonable opportunity to make a profit.
(B) Ways to make National Park Service concessions
programs and procedures more cost effective, more
process efficient, less burdensome, and timelier.
(2) Recommendations.--The Advisory Board shall make
recommendations to the Secretary regarding each of the
following:
(A) National Park Service contracting with the
private sector to conduct appropriate elements of
concessions management and providing recommendations to
make more efficient, less burdensome, and timelier the
review or approval of concessioner rates and charges to
the public.
(B) The nature and scope of products which qualify
as Indian, Alaska Native, and Native Hawaiian
handicrafts within this meaning of this title.
(C) The allocation of concession fees.
The initial recommendations under subparagraph (A) relating to
rates and charges shall be submitted to the Secretary not later
than one year after the first meeting of the Board.
(3) Annual report.--The Advisory Board, commencing with the
first anniversary of its initial meeting, shall provide an
annual report on its activities to the Committee on Resources of
the United States House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate.
(c) Advisory Board Membership.--Members of the Advisory Board shall
be appointed on a staggered basis by the Secretary for a term not to
exceed 4 years and shall serve at the pleasure of the Secretary. The
Advisory Board shall be comprised of not more than seven individuals
appointed from among citizens of the United States not in the 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 member shall be privately employed in the
hospitality industry and have both broad knowledge of hotel or
food service management and experience in the parks and
recreation concessions business;
(2) one member shall be privately employed in the tourism
industry;
(3) one member shall be privately employed in the accounting
industry;
(4) one member shall be privately employed in the outfitting
and guide industry;
(5) one member shall be a State government employee with
expertise in park concession management;
(6) one member shall be active in promotion of traditional
arts and crafts; and
(7) one member shall be active in a nonprofit conservation
organization involved in parks and recreation programs.
[[Page 112 STAT. 3514]]
(d) Termination.--The Advisory Board shall continue to exist until
December 31, 2008. In all other respects, it shall be subject to the
provisions of the Federal Advisory Committee Act.
(e) Service on Advisory Board.--Service of an individual as a member
of the Advisory Board shall not be considered as service or employment
bringing such individual within the 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, United States Code,
or other comparable provisions of Federal law.
SEC. 410. CONTRACTING FOR SERVICES. <<NOTE: 16 USC 5959.>>
(a) Contracting Authorized.--(1) To the maximum extent practicable,
the Secretary shall contract with private entities to conduct or assist
in those elements of the management of the National Park Service
concessions program considered by the Secretary to be suitable for non-
Federal performance. Such management elements include each of the
following:
(A) Health and safety inspections.
(B) Quality control of concessions operations and
facilities.
(C) Strategic capital planning for concessions facilities.
(D) Analysis of rates and charges to the public.
(2) The Secretary may also contract with private entities to assist
the Secretary with each of the following:
(A) Preparation of the financial aspects of prospectuses for
National Park Service concessions contracts.
(B) Development of guidelines for a national park system
capital improvement and maintenance program for all concession
occupied facilities.
(C) Making recommendations to the Director of the National
Park Service regarding the conduct of annual audits of
concession fee expenditures.
(b) Other Management Elements.--The Secretary shall also consider,
taking into account the recommendations of the Advisory Board,
contracting out other elements of the concessions management program, as
appropriate.
(c) Condition.--Nothing in this section shall diminish the
governmental responsibilities and authority of the Secretary to
administer concessions contracts and activities pursuant to this title
and the Act of August 25, 1916 (commonly known as the National Park
Service Organic Act; 16 U.S.C. 1 et seq.). The Secretary reserves the
right to make the final decision or contract approval on contracting
services dealing with the management of the National Park Service
concessions program under this section.
SEC. 411. MULTIPLE CONTRACTS WITHIN A PARK. <<NOTE: 16 USC 5960.>>
If multiple concessions contracts are awarded to authorize
concessioners to provide the same or similar outfitting, guiding, river
running, or other similar services at the same approximate location or
resource within a specific national park, the Secretary shall establish
a comparable franchise fee structure for all such same or similar
contracts, except that the terms and conditions
[[Page 112 STAT. 3515]]
of any existing concessions contract shall not be subject to
modification or open to renegotiation by the Secretary because of an
award of a new contract at the same approximate location or resource.
SEC. 412. <<NOTE: 16 USC 5961.>> SPECIAL RULE FOR TRANSPORTATION
CONTRACTING SERVICES.
Notwithstanding any other provision of law, a service contract
entered into by the Secretary for the provision solely of transportation
services in a unit of the National Park System shall be no more than 10
years in length, including a base period of 5 years and annual
extensions for an additional 5-year period based on satisfactory
performance and approval by the Secretary.
SEC. 413. <<NOTE: 16 USC 5962.>> USE OF NONMONETARY CONSIDERATION IN
CONCESSIONS CONTRACTS.
Section 321 of the Act of June 30, 1932 (40 U.S.C. 303b), relating
to the leasing of buildings and properties of the United States, shall
not apply to contracts awarded by the Secretary pursuant to this title.
SEC. 414. <<NOTE: 16 USC 5963.>> 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 concessions contract have been and are being faithfully
performed, and the Secretary and any duly authorized representative of
the Secretary shall, for the purpose of audit and examination, have
access to such records and to other books, documents, and papers of the
concessioner pertinent to the contract and all terms and conditions
thereof.
(b) Access to Records.--The Comptroller General or any duly
authorized representative of the Comptroller General shall, until the
expiration of 5 calendar years after the close of the business year of
each concessioner or subconcessioner, have access to and the right to
examine any pertinent books, papers, documents and records of the
concessioner or subconcessioner related to the contract or contracts
involved.
SEC. 415. REPEAL OF NATIONAL PARK SERVICE CONCESSIONS POLICY ACT.
(a) <<NOTE: 16 USC 20 note.>> Repeal.--Public Law 89-249 (commonly
known as the National Park Service Concessions Policy Act; 16 U.S.C. 20
et seq.) is repealed. The repeal of such Act shall not affect the
validity of any concessions 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
terms and conditions of any such contract or permit. References in this
title to concessions contracts awarded under authority of such Act also
apply to concessions permits awarded under such authority.
(b) Conforming Amendments.--(1) The fourth sentence of section 3 of
the Act of August 25, 1916 (commonly known as the National Park Service
Organic Act; 16 U.S.C. 3), is amended--
(A) by striking all through ``no natural'' and inserting
``No natural,''; and
(B) by striking the last proviso in its entirety.
(2) Section 12 of Public Law 91-383 (commonly known as the National
Park System General Authorities Act; 16 U.S.C. 1a-7) is amended by
striking subsection (c).
[[Page 112 STAT. 3516]]
(3) The second paragraph under the heading ``National Park Service''
in the Act of July 31, 1953 (67 Stat. 261, 271), <<NOTE: 16 USC 17b-
1.>> is repealed.
(c) <<NOTE: 16 USC 5951 note.>> 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. 416. <<NOTE: 16 USC 5964.>> PROMOTION OF THE SALE OF INDIAN,
ALASKA NATIVE, NATIVE SAMOAN, AND NATIVE HAWAIIAN
HANDICRAFTS.
(a) In General.--Promoting the sale of authentic United States
Indian, Alaskan Native, Native Samoan, and Native Hawaiian handicrafts
relating to the cultural, historical, and geographic characteristics of
units of the National Park System is encouraged, and the Secretary shall
ensure that there is a continuing effort to enhance the handicraft trade
where it exists and establish the trade in appropriate areas where such
trade currently does not exist.
(b) Exemption From Franchise Fee.--In furtherance of these purposes,
the revenue derived from the sale of United States Indian, Alaska
Native, Native Samoan, and Native Hawaiian handicrafts shall be exempt
from any franchise fee payments under this title.
SEC. 417. REGULATIONS. <<NOTE: 16 USC 5965.>>
As soon as practicable after the effective date of this title, the
Secretary shall promulgate regulations appropriate for its
implementation. Among other matters, such regulations shall include
appropriate provisions to ensure that concession services and facilities
to be provided in a unit of the National Park System are not segmented
or otherwise split into separate concessions contracts for the purposes
of seeking to reduce anticipated annual gross receipts of a concessions
contract below $500,000. The 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. 418. <<NOTE: 16 USC 5966.>> 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 concessions contracts pursuant to this title
nor shall other sections of this title be applicable to such
authorizations except where expressly so stated.
(b) Criteria for Issuance of Authorizations.--
(1) Required determinations.--The authority of this section
may be used only to authorize provision of services that the
Secretary determines will have minimal impact on resources and
values of the unit of the National Park System and are
consistent with the purpose for which the unit was established
and with all applicable management plans and park policies and
regulations.
(2) Elements of authorization.--The Secretary shall--
(A) require payment of a reasonable fee for issuance
of an authorization under this section, such fees to
remain available without further appropriation to be
used, at a minimum, to recover associated management and
administrative costs;
[[Page 112 STAT. 3517]]
(B) require that the provision of services under
such an authorization be accomplished in a manner
consistent to the highest practicable degree with the
preservation and conservation of park resources and
values;
(C) take appropriate steps to limit the liability of
the United States arising from the provision of services
under such an authorization; and
(D) have no authority under this section to issue
more authorizations than are consistent with the
preservation and proper management of park resources and
values, and shall establish such other conditions for
issuance of such an authorization as the Secretary
determines appropriate for the protection of visitors,
provision of adequate and appropriate visitor services,
and protection and proper management of the resources
and values of the park.
(c) Limitations.--Any authorization issued under this section shall
be limited to--
(1) commercial operations with annual gross receipts of not
more than $25,000 resulting from services originating and
provided solely within a unit of the National Park System
pursuant to such authorization;
(2) the incidental use of resources of the unit by
commercial operations which provide services originating and
terminating outside of the boundaries of the unit; or
(3) such uses by organized children's camps, outdoor clubs
and nonprofit institutions (including back country use) and such
other uses as the Secretary determines appropriate.
Nonprofit institutions are not required to obtain commercial use
authorizations unless taxable income is derived by the institution from
the authorized use.
(d) Prohibition on Construction.--An authorization issued under this
section shall not provide for the construction of any structure,
fixture, or improvement on federally-owned lands within the boundaries
of a unit of the National Park System.
(e) Duration.--The term of any authorization issued under this
section shall not exceed 2 years. No preferential right of renewal or
similar provisions for renewal shall be granted by the Secretary.
(f) Other Contracts.--A person, corporation, or other entity seeking
or obtaining an authorization pursuant to this section shall not be
precluded from also submitting proposals for concessions contracts.
SEC. 419. SAVINGS PROVISION. <<NOTE: 16 USC 5951 note.>>
(a) Treatment of Glacier Bay Concession Permits Prospectus.--Nothing
contained in this title shall authorize or require the Secretary to
withdraw, revise, amend, modify, or reissue the February 19, 1998,
Prospectus Under Which Concession Permits Will be Open for Competition
for the Operation of Cruise Ship Services Within Glacier Bay National
Park and Preserve (in this section referred to as the ``1998 Glacier Bay
Prospectus''). The award of concession permits pursuant to the 1998
Glacier Bay Prospectus shall be under provisions of existing law at the
time the 1998 Glacier Bay Prospectus was issued.
(b) Preferential Right of Renewal.--Notwithstanding any provision of
this title, the Secretary, in awarding future Glacier Bay cruise ship
concession permits covering cruise ship entries for which a preferential
right of renewal existed prior to the effective
[[Page 112 STAT. 3518]]
date of this title, shall provide for such cruise ship entries a
preferential right of renewal, as described in subparagraphs (C) and (D)
of section 403(7). <<NOTE: Expiration date.>> Any Glacier Bay
concession permit awarded under the authority contained in this
subsection shall expire by December 31, 2009.
TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM
SEC. 501. FEES. <<NOTE: 16 USC 5981.>>
Notwithstanding any other provision of law, where the National Park
Service or an entity under a service contract with the National Park
Service provides transportation to all or a portion of any unit of the
National Park System, the Secretary may impose a reasonable and
appropriate charge to the public for the use of such transportation
services in addition to any admission fee required to be paid.
Collection of both the transportation and admission fees may occur at
the transportation staging area or any other reasonably convenient
location determined by the Secretary. The Secretary may enter into
agreements with public or private entities, who qualify to the
Secretary's satisfaction, to collect the transportation and admission
fee. Such transportation fees collected as per this section shall be
retained by the unit of the National Park System at which the
transportation fee was collected and the amount retained shall be
expended only for costs associated with the transportation systems at
the unit where the charge was imposed.
SEC. 502. <<NOTE: Contracts 16 USC 5982.>> DISTRIBUTION OF GOLDEN EAGLE
PASSPORT SALES.
Not later than 6 months after the date of enactment of this title,
the Secretary of the Interior and the Secretary of Agriculture shall
enter into an agreement providing for an apportionment among each agency
of all proceeds derived from the sale of Golden Eagle Passports by
private vendors. Such proceeds shall be 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. <<NOTE: 16 USC 5991.>>
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.
[[Page 112 STAT. 3519]]
SEC. 602. <<NOTE: 16 USC 5992.>> 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. <<NOTE: 16 USC 5993.>>
(a) Stamp Design Competition.--(1) The Secretary shall hold an
annual competition for the design of the collectible stamp to be affixed
to the national park passport.
(2) Each competition shall be open to the public and shall be a
means to educate the American people about the National Park System.
(b) Sale of Passports and Stamps.--(1) National park passports and
stamps shall be sold through the National Park Service and may be sold
by private vendors on consignment in accordance with guidelines
established by the Secretary.
(2) A private vendor may be allowed to collect a commission on each
national park passport (including stamp) sold, as determined by the
Secretary.
(3) The Secretary may limit the number of private vendors of
national park passports (including stamps).
(c) Use of Proceeds.--
(1) The Secretary may use not more than 10 percent of the
revenues derived from the sale of national park passports
(including stamps) to administer and promote the national park
passport program and the National Park System.
(2) Net proceeds from the sale of national park passports
shall be deposited in a special account in the Treasury of the
United States and shall remain available until expended, without
further appropriation, for high priority visitor service or
resource management projects throughout the National Park
System.
(d) Agreements.--The Secretary may enter into cooperative agreements
with the National Park Foundation and other interested parties to
provide for the development and implementation of the national park
passport program and the Secretary shall take such actions as are
appropriate to actively market national park passports and stamps.
(e) Fee.--The fee for a national park passport and stamp shall be
$50.
SEC. 604. <<NOTE: 16 USC 5994.>> FOREIGN SALES OF GOLDEN EAGLE
PASSPORTS.
The Secretary of Interior shall--
(1) make Golden Eagle Passports issued under section
4(a)(1)(A) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-6a(a)(1)(A)) or the Recreational Fee
Demonstration Program authorized by section 315 of the
Department of the Interior and Related Agencies Appropriations
Act, 1996 (section 101(c) of Public Law 104-134; 16 U.S.C. 460l-
6a note), available to foreign visitors to the United States;
and
[[Page 112 STAT. 3520]]
(2) make such Golden Eagle Passports available for purchase
outside the United States, through commercial tourism channels
and consulates or other offices of the United States.
SEC. 605. <<NOTE: 16 USC 5995.>> EFFECT ON OTHER LAWS AND PROGRAMS.
(a) Park Passport Not Required.--A national park passport shall not
be required for--
(1) a single visit to a national park that charges a single
visit admission fee under section 4(a)(2) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)(2)) or the
Recreational Fee Demonstration Program authorized by section 315
of the Department of the Interior and Related Agencies
Appropriations Act, 1996 (section 101(c) of Public Law 104-134;
16 U.S.C. 460l-6a note); or
(2) an individual who has obtained a Golden Age or Golden
Access Passport under paragraph (4) or (5) of section 4(a) of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-6a(a)).
(b) Golden Eagle Passports.--A Golden Eagle Passport issued under
section 4(a)(1)(A) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-6a(a)(1)(A)) or such 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 shall provide access to each
unit of the National Park System under the same conditions, rules, and
regulations as apply to access with a Golden Eagle Passport as of the
date of enactment of this title.
(d) Limitations.--A national park passport may not be used to obtain
access to other Federal recreation fee areas outside of the National
Park System.
(e) Exemptions and Fees.--A national park passport does not exempt
the holder from or provide the holder any discount on any recreation use
fee imposed under section 4(b) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-6a(b)) or such Recreational Fee
Demonstration Program (16 U.S.C. 460l-6a note).
TITLE VII--NATIONAL PARK FOUNDATION SUPPORT
SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.
Public Law 90-209 (commonly known as the National Park Foundation
Act; 16 U.S.C. 19 et seq.) is amended by adding at the end the following
new section:
``SEC. 11. <<NOTE: 16 USC 19o.>> 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.
[[Page 112 STAT. 3521]]
``(c) Program.--The program under subsection (a) shall include the
greatest number of national park units as is practicable.
``(d) Requirements.--The program under subsection (a) shall include,
at a minimum--
``(1) a standard adaptable organizational design format to
establish and sustain responsible management of a local
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 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. <<NOTE: 16 USC 6011.>> 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) <<NOTE: Deadline.>> 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.
[[Page 112 STAT. 3522]]
SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS.
(a) In General.--Section 3 of Public Law 91-383 (commonly known as
the National Park System General Authorities Act; 16 U.S.C. 1a-2) is
amended by adding at the end the following:
``(k) Leases.--
``(1) In general.--Except as provided in paragraph (2) and
subject to paragraph (3), the Secretary may enter into a lease
with any person or governmental entity for the use of buildings
and associated property administered by the Secretary as part of
the National Park System.
``(2) Prohibited activities.--The Secretary may not use a
lease under paragraph (1) to authorize the lessee to engage in
activities that are subject to authorization by the Secretary
through a concessions contract, commercial use authorization, or
similar instrument.
``(3) Use.--Buildings and associated property leased under
paragraph (1)--
``(A) shall be used for an activity that is
consistent with the purposes established by law for the
unit in which the building is located;
``(B) shall not result in degradation of the
purposes and values of the unit; and
``(C) shall be compatible with National Park Service
programs.
``(4) Rental amounts.--
``(A) In general.--With respect to a lease under
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.
``(5) Special account.--
``(A) Deposits.--Rental payments under a lease under
paragraph (1) shall be deposited in a special account in
the Treasury of the United States.
``(B) Availability.--Amounts in the special account
shall be available until expended, without further
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) <<NOTE: Procedures.>> Accountability and
results.--The Secretary shall develop procedures for the
use of the special account
[[Page 112 STAT. 3523]]
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 may 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. The
Secretary may not transfer administration responsibilities for
any unit of the National Park System under this paragraph.
``(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) <<NOTE: 16 USC 470h-3 note.>> 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.
Approved November 13, 1998.
LEGISLATIVE HISTORY--S. 1693:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 105-767 (Comm. on Resources).
SENATE REPORTS: No. 105-202 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
June 11, considered and passed Senate.
Oct. 13, considered and passed House, amended.
Oct. 14, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Nov. 13, Presidential statement.
<all>