[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2028 Introduced in House (IH)]

  1st Session
                                H. R. 2028

   To provide for a uniform concessions policy for the Federal land 
              management agencies, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 1995

Mr. Hansen (for himself and Mr. Duncan) introduced the following bill; 
 which was referred to the Committee on Resources, and in addition to 
 the Committees on Agriculture and Transportation and Infrastructure, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To provide for a uniform concessions policy for the Federal land 
              management agencies, 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 ``Federal Land Management Agency 
Concession Reform Act of 1995''.

SEC. 2. PURPOSE.

    The purpose of this Act is to provide a uniform policy for 
management of concessions by Federal land management agencies (Forest 
Service, United States Fish and Wildlife Service, National Park 
Service, Bureau of Land Management, Bureau of Reclamation and Corps of 
Engineers) which--
            (1) recognizes the importance of a public-private 
        partnership in providing a quality visitor experience on 
        Federal lands; and
            (2) utilizes the competitive process to ensure reasonable 
        prices and quality services for the public, a fair return for 
        the Federal Government, and a reasonable opportunity for the 
        economic viability of the concessioner.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``Secretary concerned'' means--
                    (A) the Secretary of the Interior with respect to 
                the United States Fish and Wildlife Service, National 
                Park Service, Bureau of Land Management, and Bureau of 
                Reclamation;
                    (B) the Secretary of Agriculture with respect to 
                the Forest Service; and
                    (C) the Secretary of the Army with respect to the 
                United States Army Corps of Engineers.
            (2) The term ``concession'' means a commercial business 
        which provides visitor services, facilities, or activities on 
        Federal lands or waters pursuant to a concession services 
        agreement or concession license.
            (3) The term ``concession service agreement'' means a 
        formal written agreement between the agency head and the 
        concessioner which sets forth the terms and conditions under 
        which the concessioner is to provide visitor services, 
        facilities or activities as well as the rights and obligations 
        of the Federal Government.
            (4) The term ``concession license'' means a written 
        agreement between the agency head and the concessioner to 
        provide recreation services or activities on a limited basis.
            (5) The term ``Board'' means the Board of Concession 
        Appeals established by section 12.
            (6) The term ``substantial capital investment'' means a 
        required investment either for new fixed facilities or 
        acquisition of existing capital improvements greater than 10 
        percent of the estimated gross receipts over the life of a 
        concession service agreement.
            (7) The term ``renewal incentive'' means a credit based on 
        past performance toward the score awarded by the Secretary to a 
        concessioner's proposal submitted in response to a solicitation 
        for the renewal of such contract.

SEC. 4. NATURE AND TYPES OF CONCESSION AUTHORIZATIONS.

    (a) Types.--The Secretary concerned may enter into concessions 
authorizations, as follows:
            (1) Concession services agreement.--A concession service 
        agreement shall be entered into for all concessions where the 
        Secretary concerned makes a finding that the provision of 
        concession services is in the interest of the Federal 
        Government and issues a competitive offering for concession 
        services, facilities or activities. Concession service 
        agreements may require substantial capital investments.
            (2) Concession license.--A concession license may be 
        entered into for those activities which are infrequent 
        (including one-time events), for which the Secretary concerned 
        determines there exists no need to limit the number of 
        concessioners, or for which the Secretary concerned makes a 
        finding of no competitive interest.
            (3) Lands under multiple jurisdictions.--The Secretaries of 
        the Departments concerned shall designate an agency to be the 
        lead agency concerning concessions which conduct a single 
        operation on lands or waters under the jurisdiction of more 
        than one agency. The agency so designated shall issue a single 
        authorization under paragraphs (1) and (2) for such operation.
    (b) Term.--
            (1) In general.--The term of concession service agreements 
        which require substantial capital investment shall be 10 years, 
        except that the Secretary concerned may agree to a longer term 
        if the Secretary determines (in his discretion) that such 
        longer term is in the public interest or necessary due to the 
        extent of investment required. The term for a concession 
        license may not exceed three years.
            (2) Temporary extension.--The Secretary may agree to 
        temporary extensions of concession service agreements for up to 
        two years on a non-competitive basis to avoid interruption of 
        services to the public.
            (3) Essentially identical services in a specific geographic 
        area.--Where the Secretary concerned offers authorizations for 
        more than one river runner, outfitter, or guide concession 
        operation to provide essentially identical services in a 
        defined geographic area, the duration and expiration of 
        concession authorizations shall be identical.
SEC. 5. RATES AND CHARGES TO THE PUBLIC.

    In general, rates and charges to the public shall be set by the 
concessioner. For concession service agreements only, a concessioner's 
rates and charges to the public shall be subject to the approval of the 
Secretary concerned in those instances where the Secretary determines 
that sufficient competition for such facilities and services does not 
exist within or in close proximity to the area in which the 
concessioner operates. Such determination shall be based on criteria 
which shall be specified in the regulations issued pursuant to section 
18. In those instances, the concession service agreement shall state 
that the reasonableness of the concessioner's rates and charges to the 
public shall be reviewed and approved by the Secretary concerned 
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 variations, average 
percentage of occupancy, accessibility, availability and costs of labor 
and materials, type of patronage, and other factors deemed significant 
by the Secretary concerned.

SEC. 6. SALE OR OTHER TRANSFER OF CONCESSION AUTHORIZATIONS.

    (a) Concession Service Agreements.--
            (1) Approval required.--A concession service agreement is 
        transferable or assignable only upon the approval of the 
        Secretary concerned. The Secretary may not approve any such 
        transfer or assignment if the Secretary determines that the 
        prospective concessioner is or is likely to be unable to 
        completely satisfy all of the requirements, terms, and 
        conditions of the contract or that the terms of the transfer or 
        assignment would preclude providing appropriate facilities or 
        services to the public at reasonable rates.
            (2) Consideration period.--If the Secretary fails to 
        approve or disapprove a transfer or assignment under paragraph 
        (1) within 90 days after the date on which the Secretary 
        receives a request for such an approval, the transfer or 
        assignment shall be deemed approved.
            (3) No modification of terms and conditions.--The terms and 
        conditions of the concessions service agreement shall not be 
        subject to modification at the time of any transfer or 
        assignment under this section.
    (b) Concession License.--A concession license may not be 
transferred.

SEC. 7. COMPETITIVE SELECTION PROCESS FOR CONCESSION SERVICE 
              AGREEMENTS.

    (a) Award to Best Application.--The Secretary shall enter into, and 
renew, a concession service agreement with the person whom the 
Secretary determines in accordance with this section submits the best 
application through a competitive process as defined in this section.
    (b) Prospectus and Announcement.--The Secretary concerned shall 
prepare a prospectus which describes the concession service opportunity 
and shall publish, in appropriate locations, announcements of the 
availability of the prospectus and the concession service opportunity. 
The announcement shall include (but need not be limited to) the 
following:
            (1) A description of the services and facilities to be 
        provided.
            (2) The level of capital investment required (if any).
            (3) Terms and conditions of the concession service 
        agreement.
            (4) Facilities and services to be provided by the Secretary 
        to the concessioner.
            (5) Minimum public services to be offered by the Secretary.
            (6) The minimum fees to the United States.
    (c) Factors and Minimum Standards in Determining Best 
Application.--In determining the best application, the Secretary 
concerned shall take into consideration (but shall not be limited to) 
the following, including whether the application meets the minimum 
requirements (if any) of the Secretary for each of the following:
            (1) Responsiveness to the prospectus.
            (2) Quality of visitor services based on the nature of 
        equipment and facilities to be provided.
            (3) Experience and performance in providing similar 
        services at reasonable rates.
            (4) Record of resource protection (as appropriate).
            (5) Financial capability of the applicant.
            (6) Fees to the United States.
    (d) Selection Process.--
            (1) Basis.--The process for selecting the best applicant 
        shall consist of the following:
                    (A) First, the Secretary concerned shall identify 
                those applicants who meet the minimum standards (if 
                any) for the factors identified under subsection (c).
                    (B) Second, from the applicants selected under 
                subparagraph (A), the Secretary concerned shall rank 
                the applicants without any consideration of fees to the 
                United States and determine the best qualified 
                applicants.
                    (C) Third, after the best qualified applicants have 
                been identified, the Secretary concerned shall consider 
                fees to the United States.
            (2) Renewal incentive.--In evaluating applications for the 
        reissuance of a concession services agreement, a concessioner 
        is entitled to a renewal incentive of--
                    (A) 20 percent of the maximum points available 
                under such evaluations for performance which exceeds 
                concession service agreement requirements, as specified 
                in section 8(a)(2)(A), over the life of the previous 
                agreement and shall be considered to be one of the 
                best-qualified applicants; and
                    (B) 5 percent of the maximum points available under 
                such evaluations for performance which fully meets 
                concession service agreements, as specified in section 
                8(a)(2)(B), over the life of the previous agreement.
    (e) Inapplicability of NEPA to Temporary Extensions and Similar 
Renewals of Concessions Agreements.--The temporary extension of a 
concession authorization, or renewal of a concession authorization 
which is similar to a previous authorization, is not subject to the 
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
    (f) Provision for Additional Related Services.--The Secretary 
concerned may modify the concession service agreement to allow 
concessioners to provide services closely related to such agreement, if 
the Secretary concerned determines that such changes would enhance the 
safety or enjoyment of visitors and would not unduly restrict the award 
of future concession service agreements.

SEC. 8. CONCESSIONER EVALUATIONS.

    (a) In General.--The Secretary concerned, in consultation with 
concession industry representatives, shall develop a program of 
evaluations of the concessioners operating under a concession service 
agreement who are providing visitor services in areas under the 
jurisdiction of the Secretary. The evaluations shall be on both an 
annual basis as well as cumulative over the duration of the concession 
service agreement. The evaluation program shall--
            (1) include four program areas of quality of visitor 
        services; resource protection (as applicable); financial 
        performance; and compliance with concession service agreement 
        provisions and pertinent laws and regulations;
            (2) define four levels of performance--
                    (A) exceeds concession service agreement 
                requirements;
                    (B) fully meets concession service agreement 
                requirements;
                    (C) probationary; and
                    (D) unsatisfactory; and
            (3) be based on criteria which--
                    (A) are objective, measurable, and attainable; and
                    (B) shall include general standards applicable to 
                all concession operations, industry-specific standards, 
                and standards developed by the Secretary concerned and 
                the concessioner for each concession service agreement.
    (b) Annual Evaluations.--
            (1) Requirements.--The Secretary concerned shall annually 
        conduct an evaluation of each concessioner and shall assign an 
        overall rating for each concessioner for each year. The 
        procedure for any performance evaluation shall be provided in 
        advance to the concessioner, and the concessioner shall be 
        entitled to a complete explanation of any rating given. If the 
        Secretary's performance evaluation for any year results in an 
        unsatisfactory rating of the concessioner, the Secretary 
        concerned shall so notify the concessioner, in writing, and 
        shall provide the concessioner with a list of the minimum 
        requirements necessary to receive a rating which fully meets 
        concession service agreement requirements.
            (2) Suspension, revocation, and termination of 
        authorization.--The Secretary concerned may suspend, revoke, or 
        terminate a concession authorization if the concessioner fails 
        to correct and meet the minimum requirements identified by the 
        Secretary within the limitations established by the Secretary 
        at the time notice of the unsatisfactory rating is provided to 
        the concessioner.
    (c) Effect of Unsatisfactory Rating.--Any concessioner who receives 
an annual rating of unsatisfactory may not be rated as exceeding 
concession service agreement requirements over the life of the 
concession service agreement.

SEC. 9. FEES CHARGED BY UNITED STATES FOR CONCESSION AUTHORIZATIONS.

    (a) In General.--The Secretary concerned shall charge a fee for the 
privilege of providing concession services pursuant to this Act. The 
fee for any concession service agreement may include any of the 
following:
            (1) An annual cash payment for the privilege of providing 
        concession services.
            (2) The amount required for capital improvements required 
        pursuant to section 11(a).
            (3) Fees for use of Government facilities.
            (4) Expenditures for maintenance of or improvements to 
        Government-owned facilities.
    (b) Establishment of Amount.--
            (1) Minimum acceptable fee.--The Secretary concerned shall 
        establish a minimum fee which is acceptable to the Secretary 
        under this section and shall include the minimum fee in the 
        prospectus under section 7. This fee shall be based on 
        historical data, where available, as well as industry-specific 
        and other market data available to the Secretary concerned.
            (2) Final fee.--Except as provided by paragraph (3), the 
        final fee shall be the amount bid by the selected applicant 
        under section 7.
            (3) Essentially identical services in a specific geographic 
        area.--Where the Secretary concerned simultaneously offers 
        authorizations for more than one river runner, outfitter, or 
        guide concession operation to provide essentially identical 
        services in a defined geographic area, the concession fee for 
        all such concessioners shall be determined by taking an average 
        of the bids submitted by all selected applicants.
    (c) Adjustment of Fees.--
            (1) In general.--The amount of the fee shall be set at the 
        beginning of the concession authorization and may only be 
        modified--
                    (A) on the basis of inflation, if the annual 
                payment is not determined by a percentage of gross 
                revenue (as measured by changes in the consumer price 
                index), to reflect changed or unmet conditions 
                identified in the prospectus, or in the event of an 
                unforeseen disaster; and
                    (B) by mutual agreement between the Secretary 
                concerned and the concessioner at any time.
            (2) CPI.--For the purposes of adjustments for inflation 
        under paragraph (1), the Federal agencies shall select a 
        consumer price index published by the Bureau of Labor 
        Statistics and shall use such index in a consistent manner.
    (d) Concession License Fee.--The fee for a concession license shall 
cover the program administrative costs and may not be changed over the 
life of the license.

SEC. 10. DISPOSITION OF FEES.

    (a) Establishment of Accounts.--The Secretary concerned, in 
consultation with the Secretary of the Treasury, shall establish a 
special account in the Treasury for each area subject to a concession 
authorization under this Act and shall establish an agencywide special 
account in the Treasury for each of the land management agencies 
identified in section 2. All amounts deposited into such special 
accounts shall be available without further appropriation until 
expended for use by the Secretary concerned.
    (b) Availability of Funds.--Seventy-five percent of the amounts 
collected under this Act with respect to an area shall be deposited in 
the special account established for such area under subsection (a) and 
shall remain available for expenditure for visitor services and 
facilities. The remaining 25 percent of such amounts shall be placed in 
the special account established for the agency concerned under 
subsection (a) and shall be available for expenditure for such services 
and facilities for use on an agencywide basis.
    (c) Investment of Accounts.--The Secretary of the Treasury shall 
invest such portion of amounts in each account established under this 
section as is not in the judgment of the Secretary concerned required 
to meet current withdrawals. Such investments shall be in public debt 
securities with maturities suitable to the needs of each such account, 
as determined by the Secretary concerned, and bearing interest at rates 
determined by the Secretary of the Treasury, taking into consideration 
current market yields on outstanding marketable obligations of the 
United States of comparable maturities. The income on investments from 
an account shall be credited to and form a part of the account.
    (d) Exemption of Fees.--Amounts collected under this section and 
amounts received from the sale of lands under section 14 shall not be 
taken into account for the purposes of the Act of May 23, 1908, and the 
Act of March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 (16 
U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act of 
August 8, 1937, and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), 
the Act of June 14, 1926 (43 U.S.C. 869-4), chapter 69 of title 31, 
United States Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 
715s), the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
460l-1-4--460l-11), and any other provision of law relating to revenue 
allocation.
    (e) Accountability.--The regulations developed under section 18 
shall provide for a uniform program of administration and expenditure 
of funds from the special accounts established under this section. The 
Comptroller General of the United States shall conduct periodic audits 
to ensure that such funds are accounted for and expended in accordance 
with such program.

SEC. 11. CAPITAL IMPROVEMENTS.

    (a) Private Sector Development.--It is the policy of the United 
States to encourage the private sector to develop, own and maintain to 
the extent possible such public recreation facilities as the Secretary 
concerned determines through the planning process would enhance public 
use and enjoyment of Federal lands.
    (b) Determination of Removal or Retention of Facilities at End of 
Concession Authorization.--At the end of any concession authorization 
entered into under this Act, the concessioner shall either remove any 
capital improvements and restore the site, or sell such improvements to 
the next concessioner, as determined by the Secretary concerned. The 
Secretary shall base such determination on the following factors:
            (1) The remaining service life of the improvements.
            (2) The costs associated with the removal of such 
        improvements and restoration of the site and the subsequent 
        reconstruction (if any) of public recreation facilities.
            (3) The impact on resources from the removal of such 
        improvements and restoration of the site and the subsequent 
        reconstruction (if any) of public recreation facilities.
            (4) The historical significance of such improvements.
            (5) The impact on the public if such recreation facilities 
        are no longer available and the existence of alternative 
        facilities to support public use.
If the Secretary concerned determines that removal of facilities is the 
appropriate course of action, the Secretary shall comply with the 
National Environmental Policy Act of 1969 prior to any action to remove 
such facilities.
    (c) Appraisal.--
            (1) Independent appraisal required.--If, pursuant to 
        subsection (b), the Secretary concerned determines that the 
        public would be best served by the sale of existing facilities 
        to the subsequent concessioner, the Secretary, in consultation 
        with the concessioner, shall arrange for an independent 
        appraisal to determine the fair market value of all capital 
        improvements on the site in which the concessioner has an 
        interest. The appraisal shall be performed by an appraiser with 
        significant experience in the appraisal of assets similar to 
        those that are subject to the appraisal.
            (2) Requirements.--The appraisal required by paragraph (1) 
        shall be performed not earlier than 18 months before the 
        expiration of the concession service agreement and shall employ 
        the income approach to valuation in determining the fair market 
        value of any such improvement used primarily for the production 
        of income--
                    (A) in a manner consistent with the procedures and 
                assumptions then generally employed for similar income-
                producing assets by appraisers who are members of the 
                American Institute of Real Estate Appraisers or the 
                Society of Real Estate Appraisers; and
                    (B) assuming a future fee equal to the average 
                annual fee payable by the concessioner during the term 
                of the concessioner's agreement.
            (3) Later acquired or constructed property.--The value of 
        improvements constructed or acquired by the concessioner after 
        the date of the appraisal under paragraph (1) shall be the 
        concessioner's original cost of such construction or 
        acquisition.
            (4) Procedures in event of disagreement with independent 
        appraisal.--If the parties have not agreed upon the value of 
        capital improvements under this section, the issues in 
        controversy shall be resolved in accordance with the provisions 
        of subchapter IV of chapter 5 of title 5, United States Code 
        (relating to alternative means of dispute resolution in the 
        administrative process), as in effect before October 1, 1995.

SEC. 12. DISPUTE RESOLUTION.

    (a) Board of Concession Appeals.--
            (1) Establishment.--The President shall establish an 
        independent administrative review board to be known as the 
        Board of Concession Appeals. The Board shall be similar to, and 
        operate in a similar manner as, the Interior Board of Land 
        Appeals.
            (2) Jurisdiction.--The Board shall adjudicate disputes 
        between the Federal Government and concessioners arising under 
        this Act, including (but not limited to) disputes regarding the 
        issuance, revocation, suspension, or termination of a 
        concession authorization, performance and evaluation ratings, 
        sales of concession service agreements, and rate approval. The 
        expiration of a concession authorization shall not be subject 
        to appeal to the Board.
    (b) Administrative Review.--Appeals of decisions may be taken to 
the Board after one level of review of decisions made within an agency.
    (c) Judicial Review.--
            (1) In general.--A person may seek judicial review of 
        decisions made by the Board.
            (2) Concession service agreements.--Judicial review of 
        decisions rendered by the Board regarding concession service 
        agreements shall be to the United States Court of Federal 
        Claims in accordance with section 1491 of title 28, United 
        States Code (commonly referred to as the ``Tucker Act'').
            (3) Concession licenses.--Judicial review of decisions 
        rendered by the Board regarding concession licenses shall be to 
        the appropriate Federal District Court.
    (d) Inapplicability of Certain Provisions.--Disputes arising under 
this Act shall not be subject to the jurisdiction of the General 
Accounting Office to review bid protests under the Competition in 
Contracting Act of 1984.
SEC. 13. BREACH OF CONTRACT BY THE SECRETARY CONCERNED.

    If the Secretary concerned breaches a concession authorization, the 
Secretary shall pay just compensation to the concessioner.

SEC. 14. RECORDKEEPING.

    (a) Maintenance and Access.--Each concessioner shall keep such 
records as the Secretary concerned may prescribe to enable the 
Secretary to determine that all terms of the concession authorization 
have been and are being faithfully performed, and the Secretary and his 
duly authorized representatives shall, for the purpose of audit and 
examination, have access to said records and to other books, documents, 
and papers of the concessioner pertinent to the concession 
authorization and all the terms and conditions thereof.
    (b) Access by Comptroller General.--The Comptroller General of the 
United States or any of his duly authorized representatives shall, 
until the expiration of five calendar years after the close of the 
business year of each concessioner have access to and the right to 
examine any pertinent books, documents, papers, and records of the 
concessioner related to the concession authorization involved.

SEC. 15. PRIVATIZATION OF FOREST SERVICE AND BLM LANDS SUBJECT TO 
              CONCESSION LEASES.

    (a) Authorization To Sell.--
            (1) In general.--Not later than the earlier of five years 
        after the date of the enactment of this Act or the expiration 
        of a lease of qualifying concession lands, the Secretary of 
        Agriculture with respect to National Forest System lands and 
        the Secretary of the Interior with respect to Bureau of Land 
        Management lands may sell such lands to the owners of such 
        facilities. Any such sale shall be at fair market value and, 
        subject to valid existing rights, shall transfer all right, 
        title, and interest of the United States in and to the lands.
            (2) Qualifying concession lands.--For the purposes of 
        subsection (a), lands are qualifying concession lands if such 
        lands are--
                    (A) subject to a lease on the date of the enactment 
                of this Act for private concession facilities with a 
                fair market value greater than $2,000,000; and
                    (B) located either adjacent to the boundary of the 
                Federal lands or adjacent to other significant private 
                inholdings.
    (b) Appraisal.--
            (1) In general.--The appropriate Secretary shall provide 
        for an independent appraisal of the lands and interests therein 
        to be transferred pursuant to subsection (a). The appraiser 
        shall--
                    (A) utilize nationally recognized appraisal 
                standards, including to the extent appropriate the 
                uniform appraisal standards for Federal land 
                acquisition; and
                    (B) not include the value of any improvement placed 
                on the lands by the concessioner.
            (2) Appraisal report.--The appraiser shall submit a 
        detailed report to the Secretary.
            (3) Payments.--The Secretary may accept and use donated 
        funds to pay, in whole or in part, for appraisals under this 
        section.
    (d) Use of Proceeds by the Appropriate Secretary.--The appropriate 
Secretary shall deposit 50 percent of the funds generated through sales 
under this section to the credit of the appropriate agency in the 
agencywide account established under section 10(b). The remaining 50 
percent of such amount shall be deposited in the Treasury as 
miscellaneous receipts.
SEC. 16. APPLICATION OF GENERAL GOVERNMENTAL ACQUISITION REQUIREMENTS.

    The following laws and regulations shall not apply to concession 
service agreements and concession licenses under this Act:
            (1) Title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 251-266).
            (2) The Office of Federal Procurement Policy Act (41 U.S.C. 
        401 et seq.).
            (3) The Federal Acquisition Streamlining Act of 1994 
        (Public Law 103-355).
            (4) The Brooks Automatic Data Processing Act (40 U.S.C. 
        759).
            (5) Chapters 137 and 141 of title 10, United States Code.
            (6) The Federal Acquisition Regulation and any laws not 
        listed in paragraphs (1) through (5) providing authority to 
        promulgate regulations in the Federal Acquisition Regulation.
            (7) The Act of June 20, 1936 (20 U.S.C. 107; commonly 
        referred to as the ``Randolph-Sheppard Act'') and the Service 
        Contract Act of 1965 (41 U.S.C. 351 et seq.).

SEC. 17. RULES OF CONSTRUCTION.

    Concession programs of an agency on Federal lands and waters 
subject to this Act shall be fully consistent with the agency's mission 
and laws applicable to the agency. Nothing in this Act shall be 
construed as limiting or restricting any right, title, or interest of 
the United States in any land or resources.

SEC. 18. REGULATIONS.

    (a) In General.--Within one year after the date of enactment of 
this Act, the Secretary of the Interior, Secretary of Agriculture, and 
Secretary of the Army shall develop a single set of regulations to 
implement this Act.
    (b) Qualifications of Agency Personnel Assigned Concession 
Management Duties.--The Secretary, by regulation under subsection (a) 
and taking into account the provisions of this Act, shall specify the 
minimum qualifications required for agency personnel assigned 
predominantly to concession management duties.-

SEC. 19. RELATIONSHIP TO OTHER EXISTING LAWS.

    (a) Repeals.--
            (1) The Act entitled ``An Act relating to the establishment 
        of concession policies in the areas administered by the 
        National Park Service and for other purposes'' (16 U.S.C. 20-
        20g) is repealed.
            (2) The last paragraph under the heading ``forest service'' 
        in the Act of March 4, 1915 (38 Stat. 1101), as amended by the 
        Act of July 28, 1956 (chap. 771; 70 Stat. 708) (16 U.S.C. 497), 
        is repealed.
            (3) Section 7 of the Act of April 24, 1950 (16 U.S.C. 580d) 
        is repealed.
    (b) Superseded Provisions.--The provisions of this Act shall 
supersede the provisions of--
            (1) the Federal Water Project Recreation Act of 1965 (16 
        U.S.C. 460l-12-21);
            (2) the Federal Land Policy and Management Act of 1976 
        (Oct. 21, 1976);
            (3) the Recreation and Public Purposes Act (43 U.S.C. 869 
        et seq.);
            (4) section 4 of the Act entitled ``An Act authorizing the 
        construction of certain public works on rivers and harbors for 
        flood control, and for other purposes'' (16 U.S.C. 460d);
            (5) sections 103 and 926 of the Water Resources Development 
        Act of 1986 (100 Stat. 4084 and 4197);
            (6) Public Law 87-714 (16 U.S.C. 460k et seq.; commonly 
        known as the ``Refuge Recreation Act''); and
            (7) the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd).
    (c) Savings.--
            (1) In general.--The repeal of any provision, and the 
        superseding of any provision, of an Act referred to in 
        subsection (a) or (b) shall not affect the validity of any 
        authorizations entered into under such Act. The provisions of 
        this Act shall apply to any such authorizations, except to the 
        extent such provisions are inconsistent with the express terms 
        and conditions of such authorizations.
            (2) Right of renewal.--The right of renewal provided for by 
        any concession contract under any such provision shall be 
        preserved for a single renewal of a contract following the 
        enactment of, or concession authorization under, this Act.
            (3) Value of possessory interest.--Nothing in this Act 
        shall be construed to change the value of existing possessory 
        interest as identified in concession contracts entered into 
        before the enactment of this Act.
    (d) ANILCA.--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.) relating to 
revenue-producing visitor services.
                                 <all>
HR 2028 IH----2