[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 773 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 773

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 1, 1995

  Mrs. Meyers (for herself, Mr. Portman, Mr. Schiff, Mr. McHugh, Mr. 
  Rohrabacher, Ms. Molinari, Ms. Danner, Mr. Ackerman, Ms. Eshoo, Mr. 
     Olver, Mr. Visclosky, Mr. Manton, Mr. Johnston, Mr. Weldon of 
Pennsylvania, Mr. Zimmer, Mr. Sawyer, Mr. Yates, Mr. Bryant, Mr. Vento, 
 Mr. Barrett of Wisconsin, Mrs. Kelly, Mr. Dingell, Mr. Brown of Ohio, 
 and Mr. Porter) introduced the following bill; which was referred to 
                       the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To reform the concession 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 Concession 
Policy Reform Act of 1995''.

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 and 
conservation of park resources and values requires that such public 
accommodations, facilities, and services as the Secretary determines 
are necessary and appropriate in accordance with this Act--
            (1) should be provided only under carefully controlled 
        safeguards against unregulated and indiscriminate use so that 
        visitation will not unduly impair these 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 and services 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 of such facilities and services within a 
        park should be consistent to the highest practicable degree 
        with the preservation and conservation of the park's resources 
        and values;
            (3) such facilities and services 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 be 
        provided 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 such facilities should be awarded to the person, 
        corporation, or entity submitting the best proposal through a 
        competitive selection process; and
            (6) such facilities or services should be provided to the 
        public at reasonable rates.

SEC. 3. DEFINITIONS.

    As used in this Act, the term--
            (1) ``concessioner'' means a person, corporation, or other 
        entity to whom a concession contract has been awarded;
            (2) ``concession contract'' means a contract or permit (but 
        not a commercial use authorization issued pursuant to section 
        (6) to provide facilities or services, or both, at a park;
            (3) ``facilities'' means improvements to real property 
        within parks used to provide accommodations, facilities, or 
        services to park visitors;
            (4) ``fund'' means the Park Improvement Fund established 
        pursuant to section 9(b);
            (5) ``park'' means a unit of the National Park System;
            (6) ``disposal'' 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; and
            (7) ``Secretary'' means the Secretary of the Interior.

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

    (a) Repeal.--The Act of October 9, 1965, Public Law 89-249 (79 
Stat. 969, 16 U.S.C. 20-20g), 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.
    (b) Conforming Amendment.--The fourth sentence of section 3 of the 
Act of August 25, 1916 (16 U.S.C. 3; 39 Stat. 535) is amended by 
striking all through ``no natural'' and inserting in lieu thereof, ``No 
natural''.

SEC. 5. CONCESSION POLICY.

    Subject to the findings and policy stated in section 2, 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, 
concession plan, and other applicable plans, authorize private persons, 
corporations, or other entities to provide and operate such facilities 
or services as the Secretary deems necessary and appropriate.

SEC. 6. COMMERCIAL USE AUTHORIZATIONS.

    (a) In General.--To the extent specified in this section, the 
Secretary, upon request, may authorize a private person, corporation, 
or other entity to provide services to park visitors otherwise than by 
award of a concession contract or permit.
    (b) Criteria for Issuance of Authorization.--(1) The authority of 
this section may be used only to authorize provision of services to 
park visitors that the Secretary determines will have minimal impact on 
park resources and values and which are consistent with the purposes 
for which the park was established and with all applicable management 
plans for such park.
    (2) The Secretary--
            (A) shall require payment of a reasonable fee for issuance 
        of an authorization under this section, such fees to remain 
        available without further appropriation to be used to recover 
        the costs of managing and administering this section;
            (B) 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;
            (C) shall take appropriate steps to limit the liability of 
        the United States arising from the provision of services under 
        such an authorization; and
            (D) shall have no authority under this section to issue 
        more authorizations than are consistent with the preservation 
        and proper management of park resources and values, and shall 
        establish such other conditions for issuance of such an 
        authorization as the Secretary determines appropriate for the 
        protection of visitors, provision of adequate and appropriate 
        visitor services, and protection and proper management of the 
        resources and values of the park.
    (c) Limitations.--Any authorization issued under this section shall 
be limited to--
            (1) commercial operations with annual gross revenues of not 
        more than $25,000 resulting from services originating and 
        provided solely within a park pursuant to such authorization; 
        or
            (2) the incidental use of park resources by commercial 
        operations which provide services originating outside of the 
        park's boundaries: Provided, That such authorization shall not 
        provide for the construction of any structure, fixture, or 
        improvement on Federal lands within the park.
    (d) Duration.--The term of any authorization issued under this 
section shall not exceed two years.
    (e) A person, corporation, or other entity seeking or obtaining an 
authorization pursuant to this section shall not be precluded from also 
submitting proposals for concession contracts.

SEC. 7. 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, corporation, or other entity submitting the best proposal as 
determined by the Secretary, through a competitive selection process, 
as provided in this section.
    (2) Within one hundred and eighty days after the date of enactment 
of this Act, the Secretary shall promulgate appropriate regulations 
establishing such process. 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 7(c)(2) (D) and (E).
    (b) Temporary Contract.--Notwithstanding the provisions of 
subsection (a), the Secretary may award a temporary concession contract 
in order to avoid interruption of services to the public at a park 
except that prior to making such a determination, the Secretary shall 
take all reasonable and appropriate steps to consider alternatives to 
avoid such an interruption.
    (c) Prospectus.--(1) Prior to soliciting proposals for a concession 
contract at a park, the Secretary shall prepare a prospectus soliciting 
proposals, and shall publish a notice of its availability at least once 
in local or national newspapers or trade publications, as 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;
            (C) other authorized facilities or services which may be 
        provided in a proposal;
            (D) facilities and services to be provided by the Secretary 
        to the concessioner, if any, including but not limited to, 
        public access, utilities, and buildings;
            (E) minimum public services to be offered within a park by 
        the Secretary, including but not limited to, interpretive 
        programs, campsites, and visitor centers; and
            (F) such other information related to the proposed 
        concession operation as is provided to the Secretary pursuant 
        to a concession contract or is otherwise available to the 
        Secretary, as the Secretary determines is necessary to allow 
        for the submission of competitive proposals.
    (d) Minimum Proposal Requirements.--(1) No proposal shall be 
considered which fails to meet the minimum requirements as determined 
by the Secretary. Such minimum requirements shall include, but need not 
be limited to--
            (A) the minimum acceptable franchise fee;
            (B) the duration of the contract;
            (C) any facilities, services, or capital investment 
        required to be provided by the concessioner; and
            (D) measures necessary to ensure the protection and 
        preservation of park resources.
    (2) The Secretary may reject any proposal, notwithstanding the 
amount of franchise fee offered, if the Secretary determines that the 
person, corporation, or entity is not qualified, is likely to provide 
unsatisfactory service, or that the proposal 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 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 and related background of the person, 
        corporation, or entity submitting the proposal, including but 
        not limited to, the past performance and expertise of such 
        person, corporation, or entity in providing the same or similar 
        facilities or services.
            (C) The financial capability of the person, corporation, or 
        entity submitting the proposal.
            (D) The proposed franchise fee: Provided, That 
        consideration of revenue to the United States shall be 
        subordinate to the objectives of protecting and preserving park 
        resources and of providing necessary and appropriate facilities 
        or services to the public at reasonable rates.
    (2) The Secretary may also consider such secondary factors as the 
Secretary deems appropriate.
    (3) In developing regulations to implement this 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 proposal under this section.
    (f) Congressional Notification.--(1) The Secretary shall submit any 
proposed concession contract with anticipated annual gross receipts in 
excess of $5,000,000 (indexed to 1995 constant dollars) or a duration 
of ten or more years to the Committee on Energy and Natural Resources 
of the United States Senate and the Committee on Resources of the 
United States House of Representatives.
    (2) The Secretary shall not award any such proposed contract until 
at least sixty days subsequent to the notification of 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 entered into pursuant to 
this Act.
    (2) The Secretary shall grant a preferential right of renewal with 
respect to a concession contract covered by subsections (h) and (i), 
subject to the requirements of subsections (h) or (i), as appropriate.
    (3) As used in this subsection, and subsections (h) and (i), the 
term ``preferential right of renewal'' means that the Secretary shall 
allow a concessioner satisfying the requirements of this subsection 
(and subsections (h) and (i), as appropriate) the opportunity to match 
the terms and conditions of any competing proposal which the Secretary 
determines to be the best proposal.
    (4) 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) Outfitting and Guide Contracts.--(1) Except as provided in 
subsection (i), the provisions of paragraph (g)(2) shall apply only--
            (A) to a concession contract--
                    (i) which solely authorizes a concessioner to 
                provide outfitting, guide, river running, or other 
                substantially similar services within a park; and
                    (ii) which does not grant such concessioner any 
                interest in any structure, fixture, or improvement 
                pursuant to section 12; and
            (B) where the Secretary determines that the concessioner 
        has operated satisfactorily during the term of the contract 
        (including any extensions thereof); and
            (C) where the Secretary determines that the concessioner 
        has submitted a responsive proposal for a new contract which 
        satisfies the minimum requirements established by the Secretary 
        pursuant to section 7.
    (2) With respect to a concession contract (or extension thereof) 
covered by this subsection which is in effect on the date of enactment 
of this Act, the provisions of this paragraph shall apply if the holder 
of such contract, under the laws and policies in effect on the day 
before the date of enactment of this Act, would have been entitled to a 
preferential right to renew such contract upon its expiration.
    (i) Contracts With Annual Gross Receipts Under $500,000.--(1) The 
provisions of paragraph (g)(2) shall also apply to a concession 
contract--
            (A) which the Secretary estimates will result in annual 
        gross receipts of less than $500,000;
            (B) where the Secretary has determined that the 
        concessioner has operated satisfactorily during the term of the 
        contract (including any extensions thereof); and
            (C) that the concessioner has submitted a responsive 
        proposal for a new concession contract which satisfies the 
        minimum requirements established by the Secretary pursuant to 
        section 7.
    (2) The provisions of this subsection shall not apply to a 
concession contract which solely authorizes a concessioner to provide 
outfitting, guide, river running, or other substantially similar 
services within a park pursuant to subsection (h).
    (3) Notwithstanding the limitations set forth in paragraph (1)(A), 
the provisions of this subsection shall also apply to any concession 
contract authorizing cruise ship entries into Glacier Bay National 
Park.
    (j) 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. 8. FRANCHISE FEES.

    (a) In General.--Franchise fees, however, stated, shall not be less 
than the minimum fee established by the Secretary for each contract. 
The minimum 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 under the contract.
    (b) Multiple Contracts Within a Park.--If multiple concession 
contracts are awarded to authorize concessioners to provide the same or 
similar outfitting, guide, river running, or other similar services at 
the same approximate location or resource within a specific park, the 
Secretary shall establish an identical franchise fee for all such 
contracts, subject to periodic review and revision by the Secretary. 
Such fee shall reflect fair market value.

SEC. 9. 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) Fifty 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) Fifty 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 Fund.--(1) In lieu of collecting all or a 
portion of the franchise fees that would otherwise be collected 
pursuant to the concession contract, the Secretary shall, where the 
Secretary determines it to be practicable, require a concessioner to 
establish a Park Improvement Fund in which the concessioner shall 
deposit the franchise fees that would otherwise be required by the 
contract.
    (2) The fund shall be maintained by the concessioner in an interest 
bearing account in a federally-insured financial institution. The 
concessioner shall maintain the fund separately from any other funds or 
accounts and shall not co-mingle 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) Monies from the fund, including interest, shall be expended by 
the concessioner solely as directed by the Secretary for activities and 
projects within the park which are consistent with the park's general 
management plan, concession 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. Projects paid for from the fund shall not include 
routine, operational maintenance of facilities. A concessioner shall 
not be allowed to make any advances or credits to the fund.
    (4) A concessioner shall not be granted any interest in 
improvements made from fund expenditures, including any interest 
granted pursuant to section 12.
    (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 concessioner 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 determines to be necessary.
    (7) The concessioner shall annually submit to the Secretary a 
statement reflecting total activity in the fund for the preceding 
financial year. The statement shall reflect monthly deposits, 
expenditures by project, interest earned, and such other information as 
the Secretary requires.
    (8) Proceeds from the fund shall not be used for any capital 
expenditure exceeding $2,500,000 in any fiscal year unless such 
expenditure has been approved in advance by Act of Congress.
    (9) The Secretary shall annually report to the Committees on 
Appropriations and Energy and Natural Resources of the United States 
Senate and the Committees on Appropriations and Resources of the United 
States House of Representatives concerning the actual and projected 
expenditures for each fund established pursuant to this section.
    (10) Upon the termination of a concession contract, or upon the 
sale or transfer of such contract, any remaining balance in the fund 
shall be transferred by the concessioner to the successor concessioner, 
to be used solely as set forth in this subsection. In the event there 
is not a successor concessioner, the fund balance shall be deposited 
into the special account established in subsection (a).

SEC. 10. 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 the contract terms 
and conditions necessitate a longer term.
    (b) Temporary Contract.--A temporary concession contract awarded on 
a non-competitive basis pursuant to section 7(b) shall be for a term 
not to exceed two years.

SEC. 11. 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, assignment, sale, or conveyance 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;
            (C) such transfer, assignment, sale, or conveyance relates 
        to a concession contract which does not provide to the United 
        States consideration commensurate with the probable value of 
        the privileges granted by the contract; or
            (D) the terms of such 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 may 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 completed proposal to transfer, assign, sell, or otherwise convey a 
concession contract, the Secretary shall notify the Committee on Energy 
and Natural Resources of the United States Senate and the Committee on 
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. 12. PROTECTION OF CONCESSIONER INVESTMENT.

    (a) Current Contract.--(1) A concessioner who before the date of 
the enactment of this Act has acquired or constructed, or is required 
under an existing concession contract to commence acquisition or 
construction of any structure, fixture, or improvement upon land owned 
by the United States within a park, pursuant to such contract, shall 
have a possessory interest therein, to the extent provided by such 
contract.
    (2) Unless otherwise provided in such contract, said possessory 
interest shall not be extinguished by the expiration or termination of 
the contract and may not be taken for public use without just 
compensation. Such possessory interest may be assigned, transferred, 
encumbered, or relinquished.
    (3) Upon the termination of a concession contract in effect before 
the date of enactment of this Act, the Secretary shall determine the 
value of any outstanding possessory interest applicable to the 
contract, such value to be determined for all purposes on the basis of 
applicable laws and contracts in effect on the day before the date of 
enactment of this Act.
    (4) Nothing in this subsection shall be construed to grant a 
possessory interest to a concessioner whose contract in effect on the 
date of enactment of this Act does not include recognition of a 
possessory interest.
    (b) New Contracts.--(1)(A) With respect to a concession contract 
entered into on or after the date of enactment of this Act, the value 
of any outstanding possessory interest associated with such contract 
shall be set at the value determined by the Secretary pursuant to 
subsection (a)(3).
    (B) As a condition of entering into a concession contract, the 
value of any outstanding possessory interest shall be reduced on an 
annual basis, in equal portions, over the same number of years as the 
time period associated with the straight line depreciation of the 
structure, fixture, or improvement associated with such possessory 
interest, as provided by applicable Federal income tax laws and 
regulations in effect on the day before the date of enactment of this 
Act.
    (C) In the event that the contract expires or is terminated prior 
to the elimination of any outstanding possessory interest,the 
concessioner shall be entitled to receive from the United States or the 
successor concessioner payment equal to the remaining value of the 
possessory interest.
    (D) A successor concessioner may not revalue any outstanding 
possessory interest, nor the period of time over which such interest is 
reduced.
    (E) Title to any structure, fixture, or improvement associated with 
any outstanding possessory interest shall be vested in the United 
States.
    (2)(A) 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 7), the Secretary 
may, solely with respect to any outstanding possessory interest 
associated with the contract and established pursuant to a concession 
contract entered into prior to the date of enactment of this Act, 
suspend the reduction provisions of subsection (b)(1)(B) for the 
duration of the contract, and reinitiate the competitive selection 
process as provided in section 7.
    (B) The Secretary may suspend such reduction 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 reduction 
provisions is likely to result in the submission of satisfactory 
proposals: Provided, however, That nothing in this paragraph shall be 
construed to require the Secretary to establish a minimum franchise fee 
at a level below the franchise fee in effect for such contract on the 
day before the expiration date of the previous contract.
    (c) 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 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) Title to any such structure, fixture, or improvement shall be 
vested in the United States.
    (d) 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. 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 one hundred and eighty days after the date 
of enactment of this Act, the Secretary shall publish, 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 concession 
contract pursuant to this Act, as appropriate, 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 applicable 
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 provide the 
concessioner with a list of the minimum requirements necessary for the 
operation to be rated satisfactory, and shall so notify the 
concessioner in writing.
    (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 Resources of the United States House of 
Representatives of each unsatisfactory rating and of each concession 
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, 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.

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. 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. 18. IMPLEMENTATION REPORTS.

    Beginning on June 1, 1997, and biennially thereafter, 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 Resources of the House of Representatives on the 
implementation of this Act and the effect of such implementation on 
facilities operated pursuant to concession contracts and on visitor 
services. Each report shall--
            (1) identify any concession contracts which have been 
        renewed, renegotiated, terminated, or transferred during the 
        year 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 the previous contract;
            (3) assess the degree to which concession facilities are 
        being maintained using the condition of such facilities on the 
        date of enactment of this Act as a baseline;
            (4) determine whether competition has been increased or 
        decreased with respect to the awarding of each contract; and
            (5) set forth the amount of revenues received and financial 
        obligations incurred or reduced by the Federal Government as a 
        result of the comparison of the Act for the reporting period 
        and in comparison with previous reporting periods and the 
        baseline year of 1995, including the costs, if any, associated 
        with the acquisition of possessory interests.

SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary to carry out this Act.
                                 <all>
H 773 IH----2
H 773 IH----3