[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 208 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 208

 To reform the concessions policies of the National Park Service, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 26 (legislative day, January 5), 1993

  Mr. Bumpers introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To reform the concessions policies of the National Park Service, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Park Service Concessions 
Policy Reform Act of 1993''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--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 preserving 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 finds that the preservation of park 
values requires that public accommodations, facilities, and services be 
limited to those necessary and appropriate to carry out the approved 
management objectives for each park.
    (b) Policy.--It is the policy of the Congress that--
            (1) public facilities or services shall be provided within 
        a park only when the private sector or other public agencies 
        cannot adequately provide such facilities or services in the 
        vicinity of the park;
            (2) if the Secretary determines that public facilities or 
        services should be provided within a park, such facilities or 
        services shall be limited to locations and designs consistent 
        with the highest degree of resource preservation and protection 
        of the aesthetic values of the park;
            (3) such facilities and services should be awarded through 
        competitive bid procedures; and
            (4) such facilities or services should be provided to the 
        public at reasonable rates.

SEC. 3. DEFINITIONS.

    As used in this Act, the term--
            (1) ``bid'' means the complete proposal for a concessions 
        contract offered by a potential or existing concessioner in 
        response to the minimum requirements for the contract 
        established by the Secretary;
            (2) ``concessioner'' means a private person, corporation, 
        or other entity to whom a concessions contract has been 
        awarded;
            (3) ``concessions contract'' means a contract, including 
        permits, to provide facilities or services, or both, at a park;
            (4) ``facilities'' means improvements to real property 
        within parks used to provide accommodations, facilities, or 
        services to park visitors;
            (5) ``park'' means a unit of the National Park System; and
            (6) ``Secretary'' means the Secretary of the Interior.

SEC. 4. REPEAL OF CONCESSIONS POLICY ACT OF 1965.

    The Act of October 9, 1965, Public Law 89-249 (79 Stat. 969, 16 
U.S.C. 20-20g), entitled ``An Act relating to the establishment of 
concession policies administered in the areas administered by the 
National Park Service, and for other purposes'', is hereby repealed. 
The repeal of such Act shall not affect the validity of any contract 
entered into under such Act, but the provisions of this Act shall apply 
to any such contract except to the extent such provisions are 
inconsistent with the express terms and conditions of the contract.

SEC. 5. CONCESSIONS POLICY.

    Subject to the findings and policy stated in section 2 of this Act, 
and upon a determination by the Secretary that facilities or services 
are necessary and appropriate for the accommodation of visitors at a 
park, the Secretary shall, consistent with the provisions of this Act, 
laws relating generally to the administration and management of units 
of the National Park System, and the park's general management plan, 
authorize private persons, corporations, or other entities to provide 
and operate such facilities or services as the Secretary deems 
necessary and appropriate.

SEC. 6. COMPETITIVE BID PROCEDURES.

    (a) In General.--Except as provided in subsection (b), and 
consistent with the provisions of subsection (f), any concessions 
contract entered into pursuant to this Act shall be awarded only 
through competitive bid procedures. Within 180 days after the date of 
enactment of this Act, the Secretary shall promulgate appropriate 
regulations establishing such procedures.
    (b) Temporary Contract.--Notwithstanding the provisions of 
subsection (a), the Secretary may waive competitive bid procedures and 
award a temporary concessions contract in order to avoid interruption 
of services to the public at a park.
    (c) Publication of Contract Requirements.--Prior to soliciting bids 
for a concessions contract at a park, the Secretary shall publish in 
the Federal Register the minimum bid requirements for such contract, as 
set forth in subsection (d). The Secretary shall also publish the terms 
and conditions of the previous concessions contract awarded for such 
park, and such financial information of the existing concessioner 
pertaining directly to the operation of the affected concessions 
facilities and services during the preceding contract period as the 
Secretary determines is necessary to allow for the submission of 
competitive bids. Any concessions contract entered into pursuant to 
this Act shall provide that the concessioner shall waive any claim of 
confidentiality with respect to the potential disclosure of such 
information by the Secretary.
    (d) Minimum Bid Requirements.--(1) No bid 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, 
the amount of franchise fee, the duration of the contract, and 
facilities or services required to be provided by the concessioner.
    (2) The Secretary may reject any bid, notwithstanding the amount of 
franchise fee offered, if the Secretary determines that the bidder is 
not qualified, is likely to provide unsatisfactory service, or that the 
bid is not responsive to the objectives of protecting and preserving 
park resources and of providing necessary and appropriate facilities or 
services to the public at reasonable rates.
    (3) If all bids submitted to the Secretary either fail to meet the 
minimum bid requirements or are rejected by the Secretary, the 
Secretary shall establish new minimum bid requirements and reinitiate 
the competitive bid process pursuant to this section.
    (e) Congressional Notification.--(1) The Secretary shall submit any 
proposed concessions contract with anticipated annual gross receipts in 
excess of $1,000,000 or a duration of greater than five years to the 
Committee on Energy and Natural Resources of the United States Senate 
and the Committee on Natural Resources of the United States House of 
Representatives.
    (2) The Secretary shall not ratify any such proposed contract until 
at least 60 days subsequent to the notification of both Committees.
    (f) No Preferential Right of Renewal.--(1) Except as provided in 
paragraph (2), the Secretary shall not grant a preferential right to a 
concessioner to renew a concessions contract executed pursuant to this 
Act.
    (2)(A) Notwithstanding the provisions of paragraph (1), the 
Secretary may grant a preferential right of renewal to a concessioner--
            (i) for a concessions contract which--
                    (I) authorizes a concessioner to provide outfitting 
                or guide services (including, but not limited to 
                ``river running'' or other similar services) within a 
                park; and
                    (II) does not grant the concessioner any interest 
                in any structure, fixture, or improvement pursuant to 
                section 11 of this Act; and
            (ii) where the Secretary determines that the concessioner 
        has operated satisfactorily on all evaluations conducted during 
        the term of the previous contract; and
            (iii) where the Secretary determines that the 
        concessioner's bid for the new contract satisfies the minimum 
        bid requirements established by the Secretary.
    (B) For the purpose of paragraph (2), the term ``preferential right 
of renewal'' means that the Secretary may allow a concessioner 
satisfying the requirements of subparagraph (A) the opportunity to 
match any higher bid submitted to the Secretary.
    (g) No Preferential Right to Additional Services.--The Secretary 
shall not grant a preferential right to a concessioner to provide new 
or additional services at a park.

SEC. 7. FRANCHISE FEES.

    (a) In General.--Franchise fees, however stated, shall be 
determined competitively from among those bids determined by the 
Secretary--
            (1) to have satisfied the minimum bid requirements 
        established pursuant to section 6(d); and
            (2) to be responsive to the objectives of protecting and 
        preserving park resources and of providing necessary and 
        appropriate facilities or services to the public at reasonable 
        rates.
    (b) Minimum Fee.--Such fee shall not be less than the minimum fee 
established by the Secretary for each contract. The minimum fee shall 
provide the concessioner with a reasonable opportunity to realize a 
profit on the operation as a whole, commensurate with the capital 
invested and the obligations assumed.
    (c) Objectives of Fee.--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 or services to the public at reasonable rates.

SEC. 8. USE OF FRANCHISE FEES.

    All receipts collected pursuant to this Act shall be covered into a 
special account established in the Treasury of the United States. 
Amounts covered into such account in a fiscal year shall be available 
for expenditure, subject to appropriation, solely as follows:
            (1) 50 percent shall be allocated among the units of the 
        National Park System in the same proportion as franchise fees 
        collected from a specific unit bears to the total amount 
        covered into the account for each fiscal year, to be used for 
        resource management and protection, maintenance activities, 
        interpretation, and research; and
            (2) 50 percent shall be allocated among the units of the 
        National Park System on the basis of need, in a manner to be 
        determined by the Secretary, to be used for resource management 
        and protection, maintenance activities, interpretation, and 
        research.

SEC. 9. DURATION OF CONTRACT.

    (a) Maximum Term.--A concessions contract entered into pursuant to 
this Act shall be awarded for a term not to exceed ten years.
    (b) Temporary Contract.--A temporary concessions contract awarded 
on a noncompetitive basis pursuant to section 6(b) of this Act shall be 
for a term not to exceed two years.

SEC. 10. TRANSFER OF CONTRACT.

    (a) In General.--(1) No concessions contract may be transferred, 
assigned, sold, or otherwise conveyed by a concessioner without prior 
written notification to, and approval of the Secretary. The Secretary 
shall not approve the transfer of a concessions contract to any 
individual, corporation or other entity if the Secretary determines 
that such individual, corporation or entity is, or will be, unable to 
adequately provide the appropriate facilities or services required by 
the contract.
    (2) The Secretary shall reject any proposal to transfer, assign, 
sell, or otherwise convey a concessions contract if the Secretary 
determines that such transfer, assignment, sale or conveyance is not 
consistent with the objectives of protecting and preserving park 
resources, and of providing necessary and appropriate facilities or 
services to the public at reasonable rates.
    (b) Congressional Notification.--Within 30 days after receiving a 
proposal to transfer, assign, sell, or otherwise convey a concessions 
contract, the Secretary shall notify the Committee on Energy and 
Natural Resources of the United States Senate and the Committee on 
Natural Resources of the United States House of Representatives of such 
proposal. Approval of such proposal, if granted by the Secretary, shall 
not take effect until 60 days after the date of notification of both 
Committees.

SEC. 11. PROTECTION OF CONCESSIONER INVESTMENT.

    (a) Existing Structures.--(1) A concessioner who before the date of 
the enactment of this Act has acquired or constructed, or has commenced 
acquisition or construction of any structure, fixture, or improvement 
upon land owned by the United States within a park, pursuant to a 
concessions contract, shall have a possessory interest therein, to the 
extent provided by such contract.
    (2) The provisions of this subsection shall not apply to a 
concessioner whose contract in effect on the date of enactment of this 
Act does not include recognition of a possessory interest.
    (3) With respect to a concessions contract entered into on or after 
the date of enactment of this Act, the provisions of subsection (b) 
shall apply to any existing structure, fixture, or improvement as 
defined in paragraph (a)(1), except that the actual original cost of 
such structure, fixture, or improvement shall be deemed to be the value 
of the possessory interest as of the termination date of the previous 
concessions contract.
    (b) New Structures.--(1) On or after the date of enactment of this 
Act, a concessioner who constructs or acquires a new, additional, or 
replacement structure, fixture, or improvement upon land owned by the 
United States within a park, pursuant to a concessions contract, shall 
have an interest in such structure, fixture, or improvement equivalent 
to the actual original cost of acquiring or constructing such 
structure, fixture, or improvement, less straight line depreciation 
over the estimated useful life of the asset according to Generally 
Accepted Accounting Principles: Provided, That in no event shall the 
estimated useful life of such asset exceed 31.5 years.
    (2) In the event that the contract expires or is terminated prior 
to the recovery of such costs, the concessioner shall be entitled to 
receive from the United States or the successor concessioner payment 
equal to the value of the concessioner's interest in such structure, 
fixture, or improvement. A successor concessioner may not revalue the 
interest in such structure, fixture, or improvement, the method of 
depreciation, or the estimated useful life of the asset.
    (3) Such costs shall be accounted for in the schedule of rates and 
charges established pursuant to section 13 of this Act.
    (4) Title to any such structure, fixture, or improvement shall be 
vested in the United States.
    (c) Insurance, Maintenance and Repair.--Nothing in this section 
shall affect the obligation of each concessioner to insure, maintain, 
and repair any structure, fixture, or improvement assigned to such 
concessioner and to insure that such structure, fixture, or improvement 
fully complies with applicable safety and health laws and regulations.
    (d) Public Review.--The construction of any new, additional, or 
replacement structure, fixture, or improvement involving costs of 
$1,000,000 or more, provided or financed by a concessioner, upon land 
owned by the United States within a park, shall be authorized only 
after public review, including an opportunity for public hearings, to 
determine whether such construction is appropriate and consistent with 
the purposes of the National Park System, the laws relating generally 
to the administration and management of the system, and the park's 
general management plan. The requirements of this subsection may be 
satisfied by the public review and hearings associated with the 
development of the general management plan for the park.

SEC. 12. UTILITY COSTS.

    (a) In General.--A concessions contract entered into pursuant to 
this Act shall provide that the concessioner shall be responsible for 
all utility costs incurred by the concessioner.
    (b) Conforming Amendment.--Section 1 of the Act of August 8, 1953 
(16 U.S.C. 1b) is amended in paragraph 4 by striking 
``concessioners,''.

SEC. 13. RATES AND CHARGES TO PUBLIC.

    The reasonableness of a concessioner's rates and charges to the 
public shall, unless otherwise provided in the bid specifications and 
contract, 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, 
seasonal variance, average percentage of occupancy, accessibility, 
availability and costs of labor and materials, type of patronage, and 
other factors deemed significant by the Secretary.

SEC. 14. CONCESSIONER PERFORMANCE EVALUATION.

    (a) Regulations.--Within 180 days after the date of enactment of 
this Act, the Secretary shall publish in the Federal Register after an 
appropriate period for public comment, regulations establishing 
standards and criteria for evaluating the performance of concessions 
operating within parks.
    (b) Periodic Evaluation.--(1) The Secretary shall periodically 
conduct an evaluation of each concessioner operating under a 
concessions contract pursuant to this Act, as appropriate, to determine 
whether such concessioner has performed satisfactorily. If the 
Secretary's performance evaluation results in an unsatisfactory rating 
of the concessioner's overall operation, the Secretary shall prepare an 
analysis of the minimum requirements necessary for the operation to be 
rated satisfactory, and shall so notify the concessioner in writing.
    (2) The concessioner shall be responsible for all costs associated 
with any subsequent evaluations resulting from an unsatisfactory 
rating.
    (3) If the Secretary terminates a concessions contract pursuant to 
this section, the Secretary shall solicit bids for a new contract 
consistent with the provisions of this Act.
    (c) Congressional Notification.--The Secretary shall notify the 
Committee on Energy and Natural Resources of the United States Senate 
and the Committee on Natural Resources of the United States House of 
Representatives of each unsatisfactory rating and of each concessions 
contract terminated pursuant to this section.

SEC. 15. 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 concessioner's contract have been, and are being 
faithfully performed, and the Secretary or any of the Secretary's duly 
authorized representatives 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 the 
terms and conditions thereof as the Secretary deems necessary.
    (b) General Accounting Office Review.--The Comptroller General of 
the United States or any of his or her duly authorized representatives 
shall, until the expiration of five calendar years after the close of 
the business year for each concessioner or subconcessioner, have access 
to and the right to examine any pertinent books, documents, papers, and 
records of the concessioner or subconcessioner related to the contracts 
or contract involved.

SEC. 16. EXEMPTION FROM CERTAIN LEASE REQUIREMENTS.

    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 Act.

SEC. 17. CONFORMING AMENDMENT.

    Subsection (h) of section 2 of the Act of August 21, 1935, the 
Historical Sites, Buildings and Antiquities Act (49 Stat. 666; 16 
U.S.C. 462(h)), is amended by striking out the proviso therein.

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