[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 208 Reported in House (RH)]

                                                 Union Calendar No. 317

103d CONGRESS

  2d Session

                                 S. 208

                          [Report No. 103-571]

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                             June 30, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 317
103d CONGRESS
  2d Session
                                 S. 208

                          [Report No. 103-571]


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 1994

             Referred to the Committee on Natural Resources

                             June 30, 1994

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
  [For text of Senate passed bill, see copy of bill as printed in the 
              House of Representatives on March 23, 1994]

_______________________________________________________________________

                                 AN ACT


 
 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 1994''.

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 conserving their scenery, 
wildlife, natural and historic objects, and providing for their 
enjoyment in a manner that will leave them unimpaired for the enjoyment 
of future generations, the Congress finds that the preservation and 
conservation of park resources and values requires that such public 
accommodations, facilities, and services within such areas as the 
Secretary, in accordance with this Act, determines necessary and 
appropriate--
            (1) should be provided only under carefully controlled 
        safeguards against unregulated and indiscriminate use so that 
        visitation will not unduly impair park resources and values; 
        and
            (2) should be limited to locations and designs consistent 
        to the highest practicable degree with the preservation and 
        conservation of park resources and values.
    (b) Policy.--It is the policy of the Congress that--
            (1) development on Federal lands within a park shall be 
        limited to those facilities that the Secretary determines are 
        necessary and appropriate for public use and enjoyment of the 
        park in which such facilities and services are located;
            (2) development within a park should be consistent to the 
        highest practicable degree with the preservation and 
        conservation of the park's resources and values;
            (3) park facilities and services the Secretary determines 
        suitable to be provided by parties other than the Secretary 
        should be provided by private persons, corporations, or other 
        entities, except when no private interest is qualified and 
        willing to provide such facilities and services;
            (4) if the Secretary determines that development should 
        occur within a park, such development shall be designed, 
        located, and operated in a manner that is consistent with the 
        purposes for which such park was established;
            (5) the right to provide such services and to develop or 
        utilize facilities should be awarded to the person, 
        corporation, or entity submitting the best proposal through a 
        competitive selection process;
            (6) such facilities or services should be provided to the 
        public at reasonable rates; and
            (7) if adequate facilities to serve the needs of park 
        visitors exist outside a park's boundaries or can feasibly be 
        developed outside such boundaries by private enterprise, such 
        facilities should not be developed or expanded within the park.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``concessioner'' means a person, corporation, 
        or other entity to whom a concession contract has been awarded;
            (2) the term ``concession contract'' means a contract, or 
        permit, (but not an authorization issued pursuant to section 
        5(b) of this Act) to provide facilities or services, or both, 
        at a park;
            (3) the term ``facilities'' means improvements to real 
        property within parks used to provide accommodations, 
        facilities, or services to park visitors;
            (4) the term ``park'' means a unit of the National Park 
        System;
            (5) the term ``proposal'' means the complete proposal for a 
        concession contract offered by a potential or existing 
        concessioner in response to the minimum requirements for the 
        contract established by the Secretary;
            (6) the term ``Secretary'' means the Secretary of the 
        Interior; and
            (7) the term ``franchise fee'' means the fee required by a 
        concession contract to be paid to the United States in 
        consideration for the privileges afforded by such contract to 
        the holder thereof, which may be expressed as a percentage of 
        revenues derived by the contract holder from activities 
        authorized by the contract, and which shall be in addition to 
        fees required to be paid to the United States for the use of 
        federally-owned buildings or other facilities.

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 in the areas administered by 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. Nothing in this Act that is 
inconsistent with a prospectus issued before April 1, 1994, shall apply 
to the contract with respect to which such prospectus was issued. The 
Secretary is authorized to award a concession contract prior to 
promulgation of new regulations to implement this Act if the Secretary 
determines that protection of public health and safety warrant such 
action, provided that such contract is consistent with this Act.

SEC. 5. CONCESSION CONTRACTS AND OTHER AUTHORIZATIONS.

    (a) Concessions.--(1) Subject to the findings and policy stated in 
section 2 of this Act and the provisions of this section, the Secretary 
may award concession contracts that authorize private persons, 
corporations, or other entities to provide services to park visitors 
and to utilize facilities if the Secretary determines that such award 
is the appropriate means for such authorization.
    (2) Concession contracts shall be awarded only to the extent that 
the Secretary finds that the services to be provided and the facilities 
to be utilized pursuant to each such contract are necessary and 
appropriate for the accommodation of visitors to a park.
    (3) The provision of services and the utilization of facilities 
pursuant to concession contracts shall be consistent with all 
applicable requirements of law, including laws relating generally to 
the administration and management of units of the National Park 
Service, and with the general management plan, concessions plan, and 
other relevant plans developed by the Secretary for the relevant park.
    (b) Other Authorizations.--(1) To the extent specified in this 
subsection, the Secretary, upon request, may authorize a private 
person, corporation, or other entity to provide services to park 
visitors otherwise than by award of a concession contract.
    (2)(A) The authority of this subsection may be used only to 
authorize provision of services to park visitors that the Secretary 
determines have minimal impact on park resources and values and will be 
consistent with the purposes for which the relevant park was 
established and with all applicable management plans for such park.
    (B) The Secretary--
            (i) shall require payment of a reasonable fee for issuance 
        of an authorization under this subsection;
            (ii) shall 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;
            (iii) shall take appropriate steps to limit the liability 
        of the United States arising from the provision of services 
        under such an authorization; and
            (iv) shall have no authority under this subsection 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 
        protection of visitors, provision of adequate and appropriate 
        visitor services, and protection and proper management of the 
        resources and values of the National Park System.
    (3) An entity seeking or obtaining an authorization pursuant to 
this subsection shall not be precluded from also submitting proposals 
for concession contracts.

SEC. 6. COMPETITIVE SELECTION PROCESS.

    (a) In General.--(1) Except as provided in subsection (b), and 
consistent with the provisions of subsection (g), any concession 
contract entered into pursuant to this Act shall be awarded to the 
person submitting the best proposal, as determined by the Secretary 
through the competitive selection process specified in this section.
    (2) Within 180 days after the date of enactment of this Act, the 
Secretary shall promulgate appropriate regulations establishing a 
process to implement this section. The regulations shall include 
provisions for establishing a method or procedure for the resolution of 
disputes between the Secretary and a concessioner in those instances 
where the Secretary has been unable to meet conditions or requirements 
or provide such services, if any, as set forth in a prospectus pursuant 
to sections 6(c)(2) (D) and (E).
    (b) Temporary Contract.--Notwithstanding the provisions of 
subsection (a), the Secretary may award on a noncompetitive basis a 
temporary concession contract if the Secretary determines such an award 
to be necessary in order to avoid interruption of services to the 
public at a park. Prior to making such a determination, the Secretary 
shall take all reasonable and appropriate steps to consider alternative 
actions to avoid such interruptions.
    (c) Prospectus.--(1) Prior to soliciting proposals for a concession 
contract at a park, the Secretary shall prepare a prospectus soliciting 
proposals, shall publish a notice of its availability at least once in 
such local or national newspapers or trade publications as the 
Secretary determines appropriate, and shall make such prospectus 
available upon request to all interested parties.
    (2) The prospectus shall include, but need not be limited to, the 
following information:
            (A) The minimum requirements for such contract, as set 
        forth in subsection (d).
            (B) The terms and conditions of the existing concession 
        contract awarded for such park, if any, including all fees and 
        other forms of compensation provided to the United States by 
        the concessioner, and all information available to the 
        Secretary with regard to the wages, hours, and conditions of 
        employment of the workforce engaged by the concessioner to 
        fulfill the requirements of such existing concession contract.
            (C) Other authorized facilities or services which may be 
        included in a proposal.
            (D) Facilities and services to be provided by the Secretary 
        to the concessioner, if any, including but not limited to, 
        public access, utilities, and buildings.
            (E) The services to park visitors intended to be offered 
        within a park by the Secretary, including but not limited to, 
        interpretive programs, campsites, and visitor centers.
            (F) Such other information related to the proposed 
        concessions operation which is not privileged or otherwise 
        exempt from disclosure under Federal law as the Secretary 
        determines is necessary to allow for the submission of 
        competitive proposals.
    (d) Minimum Proposal Requirements.--(1) No proposal shall be 
considered which fails to meet the minimum requirements included in the 
relevant prospectus. Such minimum requirements shall include payment to 
the United States of a franchise fee and shall also include, but need 
not be limited to, the following:
            (A) The minimum acceptable franchise fee, fees for use of 
        any Federal buildings or other facilities, and any other fees 
        to be paid to the United States.
            (B) The duration of the contract.
            (C) Any facilities, services, or capital investments 
        required to be provided by the concessioner.
            (D) Measures that will be required in order to ensure the 
        protection and preservation of park resources and values.
    (2) The Secretary may reject any proposal, notwithstanding the 
amount of franchise fee offered, if the Secretary determines that the 
person, corporation, or entity making such proposal is not qualified, 
is likely to provide unsatisfactory service, or that the proposal is 
not sufficiently 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 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.
    (e) Selection of Best Proposal.--(1) In selecting the best 
proposal, the Secretary shall consider the following principal factors:
            (A) The responsiveness of the proposal to the objectives of 
        protecting and preserving park resources and of providing 
        necessary and appropriate facilities and services to the public 
        at reasonable rates.
            (B) The experience, expertise, and related background of 
        the person, corporation, or other entity submitting the 
        proposal, including whether the submitter is the holder of a 
        previous concession contract for similar services at the same 
        park and has established a record of outstanding performance in 
        executing that contract, the submitter's history of 
        satisfactory performance under any other concession contract, 
        and the submitter's compliance with applicable labor law and 
        existing standards regarding wages, hours, and conditions of 
        employment and provision of a safe and healthful workplace in 
        connection with any concession contract.
            (C) The financial capability of the person, corporation, or 
        entity submitting the proposal.
            (D) The proposed franchise fee: Provided, That 
        consideration of revenue to the United States shall be 
        subordinate to the objectives of protecting and preserving park 
        resources including cultural resources, and of providing 
        necessary and appropriate facilities or services to the public 
        at reasonable rates.
    (2) The Secretary may also consider such secondary factors as the 
Secretary deems appropriate. In developing regulations to implement 
this Act, 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 concession contracts should be identified as a factor in 
the selection of a best offer under this section.
    (f) Congressional Notification.--(1) The Secretary shall submit any 
proposed concession contract with anticipated annual gross receipts in 
excess of $1,000,000 (indexed to 1993 constant dollars) or a duration 
in excess of ten 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 award any such proposed contract until 
at least 60 days subsequent to the submission thereof to both 
Committees.
    (g) 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 concession contract executed pursuant to this 
Act.
    (2)(A)(i) Notwithstanding the provisions of paragraph (1), the 
Secretary shall include a preferential right of renewal in a concession 
contract covered by this paragraph, but exercise of such right shall be 
subject to the requirements of this paragraph.
    (ii) As used in this paragraph, the term ``preferential right of 
renewal'' means a provision in a concession contract allowing a 
concessioner satisfying the requirements of this paragraph to have the 
opportunity to match the terms and conditions of any competing proposal 
which the Secretary determines to be the best offer for a new 
concession contract for provision of the same services as were 
authorized by the concession contract that included the preferential 
right of renewal.
    (B) The provisions of this paragraph shall apply only to concession 
contracts which the Secretary estimates will result in annual gross 
receipts of no more than $500,000 in any year during the term of the 
contract.
    (C) A preferential right of renewal may be exercised by a 
concessioner only when such right is included in a concession contract 
and only where the Secretary has determined both--
            (i) that the concessioner has operated satisfactorily 
        during the term of such contract, and
            (ii) that the concessioner has submitted a responsive 
        proposal for a new contract which satisfies the minimum 
        requirements established by the Secretary pursuant to section 6 
        of this Act.
    (D) A concessioner who exercises a preferential right of renewal in 
accordance with the requirements of this paragraph shall be entitled to 
award of the new concession contract with respect to which such right 
is exercised.
    (h) 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, but may agree to changes in 
concession contracts that would allow the holders thereof to provide 
services incidental to or closely related to the services authorized by 
such contracts, if the Secretary determines that such changes would 
enhance the safety or enjoyment of park visitors or the protection of 
park resources and values and would not unduly restrict competition for 
award of concession contracts.

SEC. 7. FRANCHISE FEES.

    Franchise fees, however stated, shall not be less than the minimum 
franchise fee established by the Secretary for each contract. The 
minimum franchise fee shall be determined in a manner that will 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.

SEC. 8. USE OF FRANCHISE FEES.

    (a) Special Account.--Except as provided in subsection (b), 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.
            (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.
    (b) Park Improvement Funds.--(1) In lieu of collecting all or a 
portion of the franchise fees that would otherwise be collected 
pursuant to a concession contract, the Secretary shall, where the 
Secretary determines it to be desirable, establish a Park Improvement 
Fund (hereinafter in this section referred to as the ``fund''), in 
which some or all of the concessioners at the relevant park shall 
deposit the franchise fees that would otherwise be required by the 
contract.
    (2) The Secretary shall maintain the fund separately from any other 
funds or accounts and shall not commingle the monies in the fund with 
any other monies. The Secretary may establish such other terms, 
conditions, or requirements as the Secretary determines to be necessary 
to ensure the financial integrity of such fund.
    (3)(A) Monies from the fund shall be expended solely for activities 
and projects within the park which are consistent with the park's 
general management plan, concessions plan, and other applicable plans, 
and which the Secretary determines will enhance public use, safety, and 
enjoyment of the park, including but not limited to projects which 
directly or indirectly support concession facilities or services 
required by the concession contract, but no expenditure from the fund 
shall have the effect of creating or increasing any compensable 
interest of any concessioner in any such facilities. A concessioner 
shall not be allowed to make any advances or credits to the fund.
    (B) To the extent consistent with the need to respond to urgent 
requirements and with priorities established as part of a park's 
general management plan or concessions management plan, the Secretary 
shall direct that monies from the fund be utilized in coordination with 
funds provided by other sources, including donations from the National 
Park Foundation or other groups associated with one or more units of 
the National Park System.
    (4) A concessioner shall not be granted any interest in 
improvements made from fund expenditures, including any interest 
granted pursuant to section 11(b) of this Act.
    (5) Nothing in this subsection shall affect the obligation of a 
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.
    (6) The Secretary shall maintain proper records for all 
expenditures made from the fund. Such records shall include, but not be 
limited to invoices, bank statements, canceled checks, and such other 
information as the Secretary may require.
    (7) A fund established pursuant to this subsection may not be used 
for any capital expenditure exceeding $2,500,000 in any fiscal year 
unless such expenditure from a fund has been authorized in advance by 
Act of Congress. The Secretary shall annually inform the Congress 
concerning the actual and projected use of moneys in each fund 
established pursuant to this subsection.

SEC. 9. DURATION OF CONTRACT.

    (a) Maximum Term.--A concession contract entered into pursuant to 
this Act shall be awarded for a term not to exceed ten years: Provided, 
however, That the Secretary may award a contract for a term not to 
exceed twenty years if the Secretary determines that a longer term is a 
necessary component of the overall contract in order to reduce the 
costs to the United States of acquiring possessory interests or to 
carry out the policies of this Act and other laws applicable to the 
National Park System.
    (b) Temporary Contract.--A temporary concession contract awarded on 
a non-competitive 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 concession contract may be transferred, 
assigned, sold, or otherwise conveyed by a concessioner without prior 
written notification to, and approval of the Secretary.
    (2) The Secretary shall not unreasonably withhold approval of a 
transfer, assignment, sale, or conveyance of a concession contract, but 
shall not approve the transfer of a concession contract to any 
individual, corporation or other entity if the Secretary determines 
that--
            (A) such individual, corporation or entity is, or is likely 
        to be, unable to completely satisfy all of the requirements, 
        terms, and conditions of the contract;
            (B) 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; or
            (C) the terms of the transfer, assignment, sale, or 
        conveyance directly or indirectly attribute a significant value 
        to intangible assets or otherwise may so reduce the opportunity 
        for a reasonable profit over the remaining term of the contract 
        that the United States would be required to make substantial 
        additional expenditures in order to avoid interruption of 
        services to park visitors.
    (b) Congressional Notification.--Within thirty days after receiving 
a request to approve a transfer, assignment, sale, or other conveyance 
of a concession 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 sixty days after the date 
of notification of both Committees.

SEC. 11. PROTECTION OF CONCESSIONER INVESTMENT.

    (a) Existing Structures.--(1) A concessioner who, pursuant to a 
concession contract, before the date of enactment of this Act acquired 
or constructed, or as of such date was required by such a contract to 
commence acquisition or construction, of any structure, fixture, or 
improvement upon land owned by the United States within a park, 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)(A) Except as provided in subparagraph (B), with respect to a 
concession 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 (1), except 
that the value of the possessory interest as of the termination date of 
the first contract expiring after the date of enactment of this Act 
shall be used as the basis for depreciation, in lieu of the actual 
original cost of such structure, fixture, or improvement.
    (B)(i) If the Secretary determines during the competitive selection 
process that all proposals submitted either fail to meet the minimum 
requirements or are rejected (as provided in section 6), the Secretary 
may, solely with respect to a structure, fixture, or improvement 
covered under this paragraph, suspend the depreciation provisions of 
subsection (b)(1) for the duration of the contract: Provided, That the 
Secretary may suspend such depreciation provisions only if the 
Secretary determines that the establishment of other new minimum 
contract requirements is not likely to result in the submission of 
satisfactory proposals, and that the suspension of the depreciation 
provisions is likely to result in the submission of satisfactory 
proposals.
    (ii) If the Secretary suspends the depreciation provisions of 
subsection (b)(1) pursuant to this subparagraph, the Secretary may 
include in the relevant concession contract, as an obligation of the 
United States, a compensatory interest in any structure, fixture, or 
improvement with respect to which such depreciation provisions were 
suspended in an amount not to exceed the fair market value of such 
structure, fixture, or improvement.
    (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 concession 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 the depreciation period used 
for such asset for Federal income tax purposes.
    (2) In the event that the contract expires or is terminated prior 
to the estimated useful life of an asset described in paragraph (1), 
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) 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 a 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.

SEC. 12. RATES AND CHARGES TO PUBLIC.

    The reasonableness of a concessioner's rates and charges to the 
public shall, unless otherwise provided in the prospectus and contract, 
be judged primarily by comparison with those rates and charges for 
facilities and services of comparable character charged by parties in 
reasonable proximity to the relevant park and operating 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. 13. CONCESSIONER PERFORMANCE EVALUATION.

    (a) Regulations.--Within one hundred and eighty days after the date 
of enactment of this Act, the Secretary, after an appropriate period 
for public comment, shall publish regulations establishing standards 
and criteria for evaluating the performance of concessioners operating 
within parks.
    (b) Periodic Evaluation.--(1) The Secretary shall periodically 
conduct an evaluation of each concessioner operating under a concession 
contract pursuant to this Act to determine whether such concessioner 
has performed satisfactorily. In evaluating a concessioner's 
performance, the Secretary shall seek and consider applicable reports 
and comments from appropriate Federal, State, and local regulatory 
agencies, and shall seek and consider the views of park visitors and 
concession customers. If the Secretary's performance evaluation results 
in an unsatisfactory rating of the concessioner's overall operation, 
the Secretary shall so notify the concessioner in writing, and shall 
provide the concessioner with a list of the minimum requirements 
necessary for the operation to be rated satisfactory.
    (2) The Secretary may terminate a concession contract if the 
concessioner fails to meet the minimum operational requirements 
identified by the Secretary within the time limitations established by 
the Secretary at the time notice of the unsatisfactory rating is 
provided to the concessioner.
    (3) If the Secretary terminates a concession contract pursuant to 
this section, the Secretary shall solicit proposals 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 concession 
contract terminated pursuant to this section.

SEC. 14. 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, the Inspector General of the Department 
of the Interior, 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 and the Inspector General deem 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, have access to and the right 
to examine any pertinent books, documents, papers, and records of the 
concessioner related to the contracts or contracts involved, including 
those related to any Park Improvement Funds established pursuant to 
section 8(b).

SEC. 15. 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. 16. NO EFFECT ON ANILCA PROVISIONS.

    Nothing in this Act shall be construed to amend, supersede, or 
otherwise affect any provision of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3101 et seq.).

SEC. 17. IMPLEMENTATION.

    (a) Audit Requirement.--Beginning with fiscal year 1997, the 
Inspector General of the Department of the Interior shall conduct a 
biennial audit of the Secretary's implementation of this Act and the 
award and management of concession contracts and authorizations 
described in section 5(b).
    (b) Biennial Reports.--Beginning on June 1, 1997, and biannually 
thereafter the Secretary and the Inspector General of the Department of 
the Interior shall submit a report 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 on the 
implementation of this Act and the effect of such implementation on 
facilities operated and services provided pursuant to concession 
contracts.
    (c) Information From Secretary.--In each report required by this 
section, the Secretary shall--
            (1) identify any concession contracts which have been 
        renewed, renegotiated, terminated, or transferred during the 2 
        years prior to the submission of the report and identify any 
        significant changes in the terms of the new contract;
            (2) state the amount of franchise fees, the rates which 
        would be charged for services, and the level of other services 
        required to be provided by the concessioner in comparison to 
        that required in any previous concession contract for the same 
        facilities or services at the same park;
            (3) assess the degree to which facilities are being 
        maintained, using the condition of such facilities on the date 
        of enactment of this Act as a baseline;
            (4) indicate whether competition has been increased or 
        decreased with respect to the awarding of concession contracts;
            (5) set forth the total amount of revenues received and 
        financial obligations incurred or reduced by the Federal 
        Government as a result of enactment of this Act for the 
        reporting period and in comparison with previous reporting 
        periods and the baseline year of 1993, including the costs, if 
        any, associated with the acquisition of possessory interests; 
        and
            (6) include information concerning any park improvement 
        funds established pursuant to section 8(b) of this Act, 
        including--
                    (A) the total amount of funds deposited into and 
                expended from each such fund during the preceding 2-
                year period; and
                    (B) the purposes for which expenditures from such 
                funds during such period were used.
    (d) Information From Inspector General.--In each report required by 
this section, the Inspector General of the Department of the Interior 
shall include information as to the results of the audit required by 
subsection (a), including--
            (1) the status of the Secretary's implementation of this 
        Act;
            (2) the extent to which such implementation has furthered 
        the policies of this Act, as set forth in section 2, and has 
        led to an increase or decrease in competition for concession 
        contracts;
            (3) the adequacy of recordkeeping and other requirements 
        imposed on establishment and use of park improvement funds 
        established pursuant to section 8(b); and
            (4) any recommendations the Inspector General may find 
        appropriate in order to further the purposes of this Act and 
        other laws applicable to the National Park System or to assure 
        that park improvement funds established pursuant to section 
        8(b) are maintained and expenditures therefrom are used in 
        accordance with this Act and sound business practices.

            Passed the Senate March 22 (legislative day, February 22), 
      1994.

            Attest:

                                             WALTER J. STEWART,

                                                             Secretary.

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