[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1144 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1144

 To reform and enhance the management of the National Park System, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               August 10 (legislative day, July 10), 1995

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

_______________________________________________________________________

                                 A BILL


 
 To reform and enhance the management of the National Park System, 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 Enhancement 
Act''.

                       TITLE I--CONCESSION REFORM

SEC. 101. FINDINGS.

    In addition to the findings and policy stated in 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 the 
National Park Service, and for other purposes'' (hereinafter referred 
to as the ``1965 Act''), the Congress finds that--
            (1) provision of accommodations, facilities, and services 
        to the public in units of the National Park System by 
        concessioners and commercial use contractors, as defined in 
        section 102(a), will be enhanced by revising the existing 
        polices and procedures for soliciting proposals for concession 
        and commercial use contracts, selecting bidders, and evaluating 
        concession and commercial use operations;
            (2) such revisions will result in quality accommodations, 
        services, and facilities for public use and enjoyment at 
        reasonable rates if there are proper incentives for capital 
        investment in the construction, rehabilitation, and maintenance 
        of those facilities and equipment in the national parks which 
        are for the primary use of concessioners operating therein and 
        that such investment should be provided by private funds to the 
        maximum extent practicable; and
            (3) encouragement of such private capital investment 
        requires that a concessioner be accorded a compensable 
        possessory interest in such facilities and equipment.

SEC. 102. AMENDMENTS TO THE 1965 ACT.

    (a) Definitions.--Section 2 of the 1965 Act (Public Law 89-249, 79 
Stat. 969; 16 U.S.C. 20a) is renumbered as section 3, with the 
following new section inserted before it:
    ``Sec. 2. As used in this Act--
            ``(a) `bidder' means a person, corporation, or other entity 
        who has submitted, or may submit, a proposal, whether or not 
        such bidder is also the concessioner or commercial use 
        contractor, respecting the accommodations, facilities, or 
        services which are the subject of such proposal;
            ``(b) `commercial use contractor' means a person, 
        corporation, or other entity acting under a contract for 
        recurring commercial activities which are generally initiated 
        and terminated outside the park, and are not conducted from 
        permanent facilities within the park: Provided, That permanent 
        facilities do not include cabins, tent platforms, or other 
        similar structures possessed by commercial use contractors use 
        in connection with guided or outfitted activities;
            ``(c) `contract' means a formal, written agreement between 
        the Secretary and the concessioner or commercial use contractor 
        to provide accommodations, facilities, or services at a park;
            ``(d) `concessioner' means a person, corporation, or other 
        entity operating from permanent facilities within a park and 
        acting under a contract with the Secretary;
            ``(e) `franchise fee' means the fee required by a contract 
        to be paid to the United States, which may be expressed as, but 
        not required to be, a percentage of gross receipts derived 
        therefrom, and which shall be in addition to fees required to 
        be paid to the United States for the use of federally owned 
        buildings or facilities;
            ``(f) `park' means a unit of the National Park System;
            ``(g) `proposal' means the complete proposal for a contract 
        offered by a bidder in response to the solicitation for such 
        contract issue by the Secretary;
            ``(h) `prospectus' means a document or documents issued by 
        the Secretary and included with a solicitation setting forth 
        the minimum requirements for the award of a contract;
            ``(i) `renewal incentive' means a credit of points toward 
        the score awarded by the Secretary to a concessioner or 
        commercial use contractor performing above the satisfactory 
        performance level on such concessioner's or commercial use 
        contractor's proposal submitted in response to a solicitation 
        for the renewal of such contract;
            ``(j) `Secretary' means the Secretary of the Interior, 
        unless otherwise noted;
            ``(k) `selected bidder' means the bidder selected by the 
        Secretary for the award of a concession or commerical use 
        contract until such bidder becomes the concessioner or 
        commerical use contractor under such contract;
            ``(l) `solicitation' means a request by the Secretary for 
        proposals in response to a prospectus; and
            ``(m) `sound value' means the value of any structure, 
        fixture, or improvement determined upon the basis of 
        reconstruction cost less depreciation evidenced by its 
        condition and prospective serviceability in comparison with a 
        new unit of like kind, but not to exceed fair market value.''.
    (b) Section 3 of the 1965 Act (Public Law 89-249, 79 Stat. 969; 16 
U.S.C. 20a), is further amended by striking ``and corporations 
(hereinafter referred to as `concessioners')'' and replacing it with 
``, corporations and other entities''.
    (c) Existing section 3(a) is amended by renumbering it as section 
4(a) and by striking ``may'' from the first and second sentences and 
replacing it with ``shall''.
    (d) Section 3(b) is renumbered as section 4(b).
    (e) Rates and Charges to the Public.--Section 3(c) of the 1965 Act 
(Public Law 89-249, 79 Stat. 969; 16 U.S.C. 20b(c)) is renumbered as 
section 4(c) and amended to read as follows:
    ``(c) In general, rates and charges to the public shall be set by 
the concessioner or commercial use contractor. A concessioner's or 
commercial use contractor's rates and charges to the public shall be 
subject to the approval of the Secretary only 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 park in which the concessioner or commercial use contractor 
operates. In those instances, the contract shall state that the 
reasonableness of the concessioner's or commercial use contractor's 
rates and charges to the public shall be reviewed and approved by the 
Secretary 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.''.
    (f) Method of Determining Franchise Fees.--Section 3(d) of the 1965 
Act (Public Law 89-249, 79 Stat. 969; 16 U.S.C. 20b(d)) is renumbered 
as section 4(d) and amended to read as follows:
    ``(d) Franchise fees, however stated, shall be fixed at the time of 
commencement of the contract as stated in the selected proposal. The 
Secretary shall determine the suggested minimum franchise fee in any 
prospectus in a manner that will provide the concessioner or commercial 
use contractor with a reasonable opportunity to realize a profit under 
the contract taken as a whole, commensurate with the capital invested 
and the obligations assumed. The Secretary may temporarily or 
permanently reduce franchise fees under a contract if the Secretary 
determines that such reduction is equitable under the circumstances.''.
    (g) New or Additional Services.--Section 4 of the 1965 Act (Public 
Law 89-249, 79 Stat. 969; 16 U.S.C. 20c) is renumbered as section 5 and 
amended by striking ``, other than the concessioner holding a 
preferential right,'' from the last sentence.
    (h) Repeal of Existing Renewal Preference.--Section 5 of the 1965 
Act (Public Law 89-249, 79 Stat. 969; 16 U.S.C. 20d) is repealed: 
Provided, That the renewal of contracts entered into before enactment 
of this title (including the renewal of expired contracts where the 
concessioner or commercial use contractor has continued to operate 
under a temporary extension) shall be subject to such section 5 for the 
first renewal which becomes effective after the date of enactment of 
this title.
    (i) Protection of Concessioner's Possessory Interest.--Section 6 of 
the 1965 Act (Public Law 89-249, 79 Stat. 969; 16 U.S.C. 20e) is 
amended by--
            (1) replacing the fifth sentence with ``Just compensation 
        shall be an amount equal to the sound value of such structure, 
        fixture, or improvement at the time of taking by the United 
        States or expiration of the contract.''; and
            (2) striking the last sentence and designating the existing 
        text as subsection (a) and by adding the following subsection 
        (b):
    ``(b) Not less than twelve months before the expiration of any 
contract which recognizes a possessory interest, if the amount of 
compensation shall not have previously been agreed between the 
Secretary and the concessioner, the concessioner shall submit to the 
Secretary an independent appraisal of the sound value of the 
structures, fixtures, or improvements in which the concessioner has an 
investment interest. Such appraisal must be performed by an appraiser 
with significant experience in the appraisal of assets similar to those 
valued thereunder, and be conducted and dated as of a date not earlier 
than eighteen months before the expiration of the concession contract 
or as of the date of taking, if earlier. In determining the fair market 
value of any such structure, fixture, or improvement which is primarily 
used for the production of income, such appraiser shall employ the 
income approach to valuation 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: Provided, 
That such appraisal shall assume a future franchise fee equal to the 
average annual franchise fee payable by the concessioner during the 
term of such concessioner's existing contract. With respect to any 
structure, fixture, or improvement which is not primarily used for the 
production of income, the fair market value shall be equal to the 
reconstruction cost of such structure, fixture, or improvement, less 
depreciation evidenced by its condition and prospective serviceability 
in comparison with a new unit of like kind. Any structures, fixtures, 
or improvements acquired or constructed after the date of such 
appraisal in which the concessioner holds an investment interest shall 
be deemed to have sound value as of the date of such acquisition or 
construction equal to the concessioner's original cost. The amount to 
be paid to the concessioner for the concessioner's investment interest 
on the date of taking by the United States or at the expiration of the 
contract shall equal the appraised sound value or the concessioner's 
original cost for newly constructed or acquired structures, fixtures, 
or improvements, as applicable, increased by the percentage increase in 
the Consumer Price Index--All Urban Consumers reported by the United 
States Department of Labor from the month including the date of such 
appraisal (or the date of construction or acquisition of structures, 
fixtures, or improvements acquired or constructed after the date of 
such appraisal) to and including the month prior to the date of taking 
by the United States or expiration of the contract. If the Secretary 
disagrees with the appraisal submitted by the concessioner, he may 
present the concessioner with an independent appraisal performed by an 
appraiser with significant experience in the appraisal of assets 
similar to those valued thereunder, dated as of the same date as the 
concessioner's appraisal and prepared in a manner consistent with the 
manner of preparation of the concessioner's appraisal, as specified 
above, not less than three months after receipt of the concessioner's 
appraisal. If the concessioner and the Secretary are unable to agree on 
the sound value of the concessioner's possessory interest, the 
Secretary and the concessioner may agree to direct the Secretary's 
appraiser and the concessioner's appraiser to choose a third appraiser, 
who shall recommend either the concessioner's appraisal or the 
Secretary's appraisal as the more accurate appraisal of such sound 
value to the
 Secretary. The concessioner shall pay the cost of the concessioner's 
appraiser and the United States shall pay the cost of the Secretary's 
appraiser, if any. If a third appraiser is selected as provided above, 
the cost of such appraiser shall be shared equally by the concessioner 
and the United States.''.
    (j) Technical Amendments.--The 1965 Act (Public Law 89-249, 79 
Stat. 969; 16 U.S.C. 20) is amended by renumbering existing sections 7 
through 9 as sections 11 through 13 accordingly.
    (k) Competitive Selection Process, Contracts, and Performance 
Evaluation.--The 1965 Act (Public Law 89-249, 79 Stat. 969; 16 U.S.C. 
20) is amended by adding new sections 7, 8, 9, and 10 as follows:
    ``Sec. 7. (a) Except as provided in subsections (b) and (c), and 
consistent with the provisions of subsection (h), any contract entered 
into pursuant to the National Park Service Enhancement 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. Within one hundred and eighty days after the date of 
enactment of the National Park Service Enhancement 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 or commercial use contractor 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 as described below.
    ``Sec. 7. (b) The provisions in this Act shall be subject to any 
limitation or special provision contained in the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.). Subject to 
the provisions of section 1307 of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3197), a priority shall be given to 
commercial use contractors operating cruise ships (defined as motor 
vessels at or over 6,000 gross tonnage (International Convention 
System), providing overnight accommodations for all passengers, and 
operating with itineraries of 3 or more days) who provide tours in 
Glacier Bay National Park which originate in Southeast Alaska.
    ``(c) Notwithstanding the provisions of subsection (a), the 
Secretary may award on a noncompetitive basis--
            ``(1) a temporary contract for a term of not more than two 
        years if the Secretary determines such an award to be necessary 
        in order to avoid interruption of services to the public at a 
        park, or
            ``(2) a contract which the Secretary estimates will result 
        in annual gross receipts of no more than $2,000,000, if the 
        Secretary determines that continuity and quality of service, 
        administrative savings, or the lack of potential bidders do not 
        require the solicitation of proposals. Prior to making a 
        determination to award a temporary contract, the Secretary 
        shall take all reasonable and appropriate steps to consider 
        alternative actions to avoid interruption of services.
    ``(d) Prior to making a solicitation for a contract, other than a 
contract subject to the provisions of subsection (c) of this section, 
the Secretary shall prepare a prospectus for such solicitation, 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. The suggested minimum requirements for such 
contract, including the minimum suggested fee, which shall provide the 
selected bidder with a reasonable opportunity to realize a profit on 
the selected bidder's operation under the contract; the terms and 
conditions of the existing contract awarded for such park, if any, 
including all fees and other forms of compensation provided to the 
United States by the concessioner or commercial use contractor; other 
authorized facilities or services which may be included in the 
proposal; facilities and services to be provided by the Secretary to 
the concessioner or commercial use contractor, if any, including, but 
not limited to, public access, utilities, and buildings; minimum public 
services to be offered within a park by the Secretary, including but 
not limited to, interpretive programs, campsites, and visitor centers; 
and such other information related to the concession operation or 
commercial use activity available to the Secretary 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.
    ``(e) The Secretary may reject any proposal, notwithstanding the 
amount of fees offered, even if such proposal meets the minimum 
requirements established by the Secretary, if he determines that the 
person, corporation, or entity making such proposal is not qualified, 
or is likely to provide unsatisfactory services, 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. The Secretary 
may consider a proposal made by a bidder which fails to meet the 
suggested minimum requirements included in the prospectus, but shall 
not award a contract to such a bidder if one or more other proposals 
have met such minimum requirements unless all such other proposals are 
rejected. If all proposals submitted are rejected by the Secretary, he 
shall establish new suggested minimum contract requirements and 
reinitiate the competitive selection process.
    ``(f) In selecting the best proposal, the Secretary shall consider 
the following primary factors: the responsiveness of the proposal to 
the objectives of protecting and preserving park resources, of 
providing high quality service to the public, and of providing 
necessary and appropriate accommodations, facilities and services to 
the public at reasonable rates; the experience and related background 
of the bidder, including, but not limited to, such bidder's performance 
and expertise in providing the same or similar accommodations, 
facilities or services, in each case taking into account the experience 
and related background of any entities which are affiliated with the 
bidder; and the financial capability of the bidder submitting the 
proposal. The Secretary may also consider such secondary factors as the 
Secretary deems appropriate, including the proposed franchise fee: 
Provided, That consideration of revenue to the United States shall be 
subordinate to the primary factors as set forth above.
    ``(g) The Secretary shall submit any proposed contract with 
anticipated annual gross receipts in excess of $5,000,000 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 Resources of the 
United States House of Representatives. The Secretary shall not ratify 
any such proposed contract until at least sixty days subsequent to the 
submission thereof to both committees.
    ``(h) To provide proper incentives for concessioners and commercial 
use contractors to operate in a manner which exceeds the minimum 
performance requirements of the contract, each concessioner or 
commercial use contractor who meets the requirements set forth below 
shall receive an automatic credit of an additional 10 percent of the 
maximum points which are available to be awarded by the Secretary to 
any proposal which is submitted in response to a solicitation for the 
renewal of such contract or license. In order to receive this renewal 
incentive, the concessioner or commercial use contractor must have 
received a performance rating of `good' pursuant to section 9(a) for at 
least 50 percent of the years of the contract term and must not have 
received an unsatisfactory rating under such contract during any of the 
five years prior to the renewal thereof. Concessioners and commercial 
use contractors operating under temporary contract, license or permit 
extensions granted by the Secretary after expiration of their original 
contract, license or permit term at the time of enactment of this 
section shall retain any renewal incentive described above earned under 
the original contract.
    ``(i) Notwithstanding the provisions of subsection (h), the 
Secretary shall grant a preferential right of renewal to a commercial 
use contractor for a contract which primarily authorizes a such 
contractor to provide outfitting, guide, river running, or other 
similar services within a park, and which the Secretary estimates will 
have annual gross revenues of no more than $1,000,000: Provided, That 
the commercial use contractor has received a performance rating of 
`good' pursuant to section 9(a) for at least 50 percent of the years of 
the contract term and must not have received an unsatisfactory rating 
under such contract during the any of the five years prior to the 
renewal thereof. Commercial use contractors operating under temporary 
contract, license or permit extensions granted by the Secretary after 
expiration of their original contract, license or permit term at the 
time of enactment of this section shall retain any preferential right 
of renewal described above earned under the original contract.
    ``Sec. 8. (a) A contract entered into subsequent to enactment of 
the National Park Service Enhancement Act shall be awarded for a term 
not to exceed ten years except that the Secretary may award a contract 
for a longer term, not to exceed thirty years, if the Secretary 
determines that it is in the public interest. Where a concessioner or 
commercial use contractor is required to make substantial investments 
in structures, fixtures, or improvements in the park, the Secretary 
shall provide for a contract term that is commensurate with such 
investments.
    ``(b) No contract may be transferred, assigned, sold, or otherwise 
conveyed by a concessioner or commercial use contractor without prior 
written notification to, and approval of, the Secretary, who shall not 
unreasonably withhold or delay such approval but shall not approve the 
transfer, assignment, sale, or conveyance of a contract to any 
individual, corporation or other entity if the Secretary determines 
that--
            ``(1) 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, or
            ``(2) such transfer, assignment, sale, or conveyance is not 
        consistent with the objectives of protecting and preserving 
        park resources, providing high quality service to the public, 
        and of providing necessary and appropriate facilities or 
        services to the public at reasonable rates. If the Secretary 
        decides to approve a transfer, assignment, sale, or other 
        conveyance of a contract with gross receipts for the most 
        recently completed calendar year in excess of $5,000,000, or 
        with a remaining term in excess of ten years, he 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 the request, including, but 
        not limited to, the names of the parties involved in the 
        request. The approval by the Secretary shall not take effect 
        until sixty days subsequent to the notification of both 
        committees.
    ``(c) A successor concessioner or commercial use contractor to whom 
a contract has been transferred, assigned, sold or conveyed shall be 
entitled to the benefit of any `good' ratings received by the prior 
concessioner or commercial use contractor during the term of the 
contract.
    ``Sec. 9. (a) Within one hundred and eighty days after the date of 
enactment of the National Park Service Enhancement Act, the Secretary 
shall publish regulations establishing reasonable general standards and 
criteria for evaluating the performance of a concessioner or commercial 
use contractor on its overall operation under a contract which shall 
provide for ratings of `unsatisfactory', `satisfactory', and `good'. 
The evaluation regulations shall address both operational performance 
and contract compliance and shall identify both positive and negative 
aspects of the operation. The standards and criteria for a good rating 
shall require a level of performance which clearly exceeds the minimum 
requirements under the contract but which is reasonably attainable by a 
competent concessioner or commercial use contractor based upon the 
nature of such concessioner's or commercial use contractor's operation. 
Prior to entering into a contract, the Secretary and selected bidder 
will jointly develop rating criteria and standards for each rating 
under the contract, consistent with such regulations, against which the 
concessioner or commercial use contractor will be evaluated annually.
    ``(b) The Secretary shall annually conduct an evaluation of each 
concessioner and commercial use contractor operating under a contract 
and shall assign an overall rating for each concessioner or commercial 
use contractor for each year. The procedure for any performance 
evaluation shall be provided in advance to each concessioner and 
commercial use contractor, and each 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 or commercial use contractor, the Secretary shall so 
notify the concessioner or commercial use contractor in writing, and 
shall provide the concessioner or commercial use contractor with a list 
of the minimum requirements necessary to receive a rating of 
satisfactory. The Secretary may terminate a contract if the 
concessioner or commercial use contractor 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 or commercial use contractor. If 
the Secretary terminates a contract pursuant to this section, the 
outgoing concessioner may be required to pay for costs incurred by the 
Secretary associated with prospectus development and bidder proposal 
evaluation, as well as the difference between the new contract's 
franchise fee and that paid by the outgoing concessioner, if the new 
franchise fee is lower.
    ``(c) 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 contract 
terminated pursuant to this section.
    ``Sec. 10. Notwithstanding any other provision of law, each 
contract awarded by the Department of the Interior for concessioner or 
commercial use contractor-provided visitor services performed in whole 
or in part of a State which is not contiguous with another State and 
has an unemployment rate in excess of the national average rate of 
unemployment as determined by the Secretary of Labor shall include a 
provision requiring the concessioner or commercial use contractor to 
employ, for the purpose of performing that portion of the contract in 
such State this is not contiguous with another State, individuals who 
are residents of such State and who, in the case of any craft or trade, 
possess or would be able to acquire promptly the necessary skills.''.

SEC. 103. ISSUANCE OF CONTRACTS AND NONRECURRING COMMERCIAL/
              NONRECREATIONAL USE PERMITS BY OTHER LAND MANAGEMENT 
              AGENCIES.

    Within two years of the date of enactment of this title, and to the 
extent practicable, the Secretary of the Interior and Secretary of 
Agriculture shall adopt procedures consistent with those established by 
this title for the National Park Service for issuing contracts and 
nonrecurring commercial/nonrecreational use permits as described herein 
for substantially similar services and activities taking place on 
Federal lands managed by the United States Forest Service, Bureau of 
Land Management, and United States Fish and Wildlife Service.

                      TITLE II--NATIONAL PARK FEES

SEC. 201. FEES.

    (a) Admission Fees.--Section 4(a) of the Land and Water 
Conservation Fund Act of 1965 (Public Law 88-578; 16 U.S.C. 460l-
6a(a)), as amended, is further amended as follows:
            (1) By deleting ``fee-free travel areas'' and ``lifetime 
        admission permit'' from the title of this section.
            (2) In the first sentence of paragraph (1)(a)(I), by 
        striking ``$25'' and inserting ``$50''.
            (3) By inserting at the end of clause (ii) of paragraph 
        (1)(A) the following: ``Such receipts shall be made available, 
        subject to appropriation, for authorized resource protection, 
        rehabilitation, and conservation projects as provided for by 
        subsection (I), including projects to be carried out by the 
        Public Land Corps or any other conservation corps pursuant to 
        the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 and 
        following), or other related programs or authorities, on lands 
        administered by the Secretary of the Interior and the Secretary 
        of Agriculture.''.
            (4) In paragraph (a)(1)(B), by striking ``$15'' and 
        inserting ``$25''.
            (5) In paragraph (a)(2), by striking the fifth and sixth 
        sentences, and by amending the fourth sentence to read as 
        follows: ``The fee for a single-visit permit at any designated 
        area shall be not more than $6 per person.''.
            (6) In paragraph (a)(3), by inserting the word ``Great'' in 
        the third sentence before ``Smoky'', and by striking the last 
        sentence.
            (7) In paragraph (a)(4), by striking the second sentence in 
        its entirety and inserting in lieu thereof, ``Such permit shall 
        be nontransferable, shall be issued for a one-time charge of 
        $10, and shall entitle the permittee to free admission into any 
        area designated pursuant to this subsection.''.
            (8) In paragraph (a)(4), by amending the third sentence to 
        read as follows: ``No fees of any kind shall be collected from 
        any persons who have a right of access for hunting or fishing 
        privileges under a specific provision of law or treaty or who 
        are engaged in the conduct of official Federal, State, or local 
        government business.''.
            (9) In paragraph (a)(5), by striking it in its entirety and 
        insert in lieu thereof: ``The Secretary of the Interior and the 
        Secretary of Agriculture shall establish procedures providing 
        for the issuance of a lifetime admission permit to any citizen 
        of, or person legally domiciled in, the United States, if such 
        citizen or person applies for such permit and is permanently 
        disabled. Such procedures shall assure that such permit shall 
        be issued only to persons who have been medically determined to 
        be permanently disabled. Such permit shall be nontransferable, 
        shall be issued without charge, and shall entitle the permittee 
        and one accompanying individual to general admission into any 
        area designated pursuant to this subsection, notwithstanding 
        the method of travel.''.
            (10) In paragraph (a)(6)(A), by striking the paragraph in 
        its entirety and inserting in lieu thereof: ``No later than 
        eighteen months after the enactment date of this sentence, the 
        Secretary of the Interior shall submit 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 a report on the admission fees proposed to be 
        charged at units of the National Park System. The report shall 
        include a list of units of the National Park System and the 
        admission fee proposed to be charged at each unit. The 
        Secretary of the Interior shall also identify areas where such 
        fees are authorized but not collected, including an explanation 
        of the reasons that such fees are not collected.''.
            (11) By striking paragraph (a)(9) in its entirety and by 
        renumbering current paragraph (10) as ``(9)''.
            (12) In paragraph (a)(11), by striking all but the last 
        sentence and renumbering it as ``(a)(10)''.
            (13) By renumbering paragraph (a)(12) as ``(a)(11)''.
    (b) Recretion Fees.--Section 4(b) of the Land and Water 
Conservation Fund Act of 1965 (Public Law 88-578; 16 U.S.C. 460l-
6a(b)), as amended, is further amended as follows:
            (1) By striking ``fees for Golden Age Passport permittees'' 
        from the title.
            (2) By striking ``personal collection of the fee by an 
        employee or agent of the Federal agency operating the 
        facility,''.
            (3) By striking ``Any Golden Age Passport permittee, or'' 
        and insert in lieu thereof ``Any''.
    (c) Criteria, Posting, and Uniformity of Fees.--Section 4(d) of the 
Land and Water Conservation Fund Act of 1965 (Public Law 88-578; 16 
U.S.C. 460l-6a(d)) is amended by deleting from the first sentence, 
``recreation fees charged by non-Federal public agencies,'' and 
inserting in lieu thereof ``fees charged by other public and private 
entities,''.
    (d) Penalty.--Section 4(e) of the Land and Water Conservation Fund 
Act of 1965 (Public Law 88-578; 16 U.S.C. 460l-6a(e)) is amended by 
deleting ``of not more than $100.'' and inserting in lieu thereof, ``as 
provided by law.''.
    (e) Technical Amendments.--Section 4(h) of the Land and Water 
Conservation Fund Act of 1965 (Public Law 88-578; 16 U.S.C. 460l-
6a(h)), as amended, is further amended--
            (1) by striking ``Bureau of Outdoor Recreation'' and 
        inserting in lieu thereof, ``National Park Service'';
            (2) by striking ``Natural'' in ``Committee on Natural 
        Resources of the House of Representatives''; and
            (3) by striking ``Bureau'' and inserting in lieu thereof, 
        ``National Park Service''.
    (f) Time of Reimbursement.--Section 4(k) of the Land and Water 
Conservation Fund Act of 1965 (Public Law 88-578; 16 U.S.C. 460l-6a(k)) 
is amended by striking the last sentence in its entirety.
    (g) Charges for Transportation Provided by the National Park 
Service.--Section 4(l)(1) of the Land and Water Conservation Fund Act 
of 1965 (16 U.S.C. 460l-6a(1)) is amended by striking the word 
``viewing'' from the section title and inserting in lieu thereof 
``visiting'', and by striking the word ``view'' from the first sentence 
of subparagraph (1) and inserting ``visit'' in lieu thereof.
    (h) Commercial Tour Use Fees.--Section 4(n) of the Land and Water 
Conservation Fund Act of 1965 (Public Law 88-578; 16 U.S.C. 460l-
6a(n)), as amended, is further amended--
            (1) by striking the first sentence of subsection (n)(1) and 
        inserting ``In the case of each unit of the National Park 
        System for which an admission fee is charged under this 
        section, the Secretary of the Interior shall establish, by 
        October 1, 1995, a commercial tour use fee in lieu of a per 
        person admission fee to be imposed on each vehicle entering the 
        unit for the purpose of providing commercial tour services 
        within the unit.''.
            (2) by striking the period at the end of subsection (n)(3) 
        and inserting ``with written notification of such adjustments 
        provided to commercial tour operators twelve months in advance 
        of implementation.''.
    (i) Fees for Special Uses.--Section 4 of the Land and Water 
Conservation Fund Act of 1965 (Public Law 88-578; 16 U.S.C. 460l-6a), 
as amended, is further amended by adding the following at the end 
thereof:
    ``(o) Fees for Commercial/Nonrecreational Uses.--Using the criteria 
established in section 4(d) (16 U.S.C. 460l-6a(d)), the Secretary of 
the Interior shall establish reasonable fees for nonrecurring 
commercial or nonrecreational uses of National Park System units that 
require special arrangements, including permits. At a minimum, such 
fees will cover all costs of providing necessary services associated 
with such use, except that at the Secretary's discretion, the Secretary 
may waive or reduce such fees in the case of any organization using an 
area within the National Park System for activities which further the 
goals of the National Park Service. Receipts equal to the cost of 
providing the necessary services associated with such use may be 
retained at the park unit in which the use takes place, and remain 
available to cover such costs.''.
    (j) Conforming Amendments.--The following public laws shall be 
amended as described below:
            (1) Section 3 of Public Law 70-805 (45 Stat. 1300), as 
        amended, is further amended by striking the last sentence.
            (2) Section 5(e) of Public Law 87-657 (76 Stat. 540; 16 
        U.S.C. 459c-5), as amended, is hereby repealed.
            (3) Section 3(b) of Public Law 87-750 (76 Stat. 747; 16 
        U.S.C. 398e(b)) is hereby repealed.
            (4) Section 4(e) of Public Law 92-589 (86 Stat. 1299; 16 
        U.S.C. 460bb-3), as amended, is further amended by striking the 
        first sentence.
            (5) Section 6(j) of Public Law 95-348 (92 Stat. 487) is 
        hereby repealed.
            (6) Section 207 of Public Law 96-199 (94 Stat. 77) is 
        hereby repealed.
            (7) Section 106 of Public Law 96-287 (94 Stat. 600) is 
        amended by striking the last sentence.
            (8) Section 5 of Public Law 96-428 (94 Stat. 1843) is 
        hereby repealed.
            (9) Section 204 of Public Law 96-287 (94 Stat. 601) is 
        amended by striking the last sentence.
            (10) Public Law 100-55 (101 Stat. 371) is hereby repealed.

SEC. 202. CHALLENGE COST-SHARE AGREEMENTS.

    The Secretary of the Interior is authorized to negotiate and enter 
into challenge cost-share agreements with any State or local 
government, public or private agency, organization, institution, 
corporation, individual, or other entity for the purpose of sharing 
costs or services in carrying out any authorized functions and 
responsibilities of the Secretary with respect to any unit of the 
National Park System (as defined in section 2(a) of the Act of August 
8, 1953 (16 U.S.C. 1c(a)), any affiliated area, or designated National 
Scenic or Historic Trail.

SEC. 203. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.

    Public Law 101-337 is amended as follows:
            (1) In section 1 (16 U.S.C. 19jj), by amending subsection 
        (d) to read as follows:
    ``(d) `Park system resource' means any living or nonliving resource 
that is located within the boundaries of a unit of the National Park 
System, except for resources owned by a non-Federal entity.''.
            (2) In section 1 (16 U.S.C. 19jj), by adding at the end 
        thereof the following:
    ``(g) `Marine or aquatic park system resource' means any living or 
non-living resource that is located within or is a living part of a 
marine or aquatic regimen within the boundaries of a unit of the 
National Park System, except for resources owned by a non-Federal 
entity.''.
            (3) In section 2(b) (16 U.S.C. 19jj-1(b)), by striking 
        ``any park'' and inserting in lieu thereof ``any marine or 
        aquatic park''.
      TITLE III--SKI AREA PERMITS ON NATIONAL FOREST SYSTEM LANDS

SEC. 301. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that:
            (1) Although ski areas occupy less than one-twentieth of 1 
        percent of National Forest System lands nationwide, in many 
        rural areas of the United States, ski areas and investments by 
        ski area permittees on National Forest System lands form the 
        backbone of the local economy and a preponderance of the 
        employment base.
            (2) Ski area operations and their attendant communities 
        provide revenues to the United States in the form of permit 
        fees, income taxes, and other revenues which are extremely 
        significant in proportion to the limited Federal acreage and 
        Forest Service administration and contractual obligations 
        required to support such operations.
            (3) In addition to alpine skiing, many ski area permittees 
        provide multiseason facilities and enhanced access to National 
        Forest System lands, that result in greater public use and 
        enjoyment of such lands than would otherwise occur;
            (4) Unlike many other private sector users of Federal 
        lands, ski areas in almost all cases assume the risk to 
        finance, construct, maintain, and market all recreational 
        facilities and improvements on such lands.
            (5) Many ski areas on National Forest System lands operate 
        in an extremely competitive environment with similar facilities 
        located on private or State lands, which requires ski area 
        permittees to maintain a high level of capital investment to 
        upgrade existing facilities and install new facilities (such as 
        lifts, trails, snowmaking and trail grooming equipment, 
        restaurants, and day care centers) to serve the public.
            (6) Despite an outward appearance of economic well-being 
        resulting from an intensive capital infrastructure, many ski 
        area operations are marginally profitable due to the 
        competition and capital investments referred to in paragraph 
        (5), weather conditions, insurance premiums, the national 
        economy, and other factors beyond the control of the ski area 
        permittee.
            (7) Because of the contributions of ski areas to the 
        economies of the United States and the rural communities in 
        which they are located, and the enhanced use and enjoyment of 
        National Forest System lands resulting from ski areas, it is in 
        the national interest for the United States, where consistent 
        with national forest management objectives, to take actions to 
        promote the long-term economic health and stability of ski 
        areas and associated communities.
            (8) The National Forest Ski Area Permit Act of 1986 (U.S.C. 
        497b) has been of assistance to ski area operations on National 
        Forest System lands by providing longer term lease tenure and 
        contractual stability to ski area permittees, but further 
        adjustments and policy direction are warranted to address 
        problems related to permit fees and fee calculations and 
        conflicts with certain mineral activities.
    (b) Purpose.--In light of the findings of subsection (a), it is the 
purpose of this title--
            (1) to legislate a ski area permit fee that returns fair 
        market value to the United States and at the same time--
                    (A) provides ski area permittees and the United 
                States with a simplified, consistent, predictable, and 
                equitable fee formula that is commensurate with long-
                term planning, financing, and operational needs of ski 
                areas; and
                    (B) simplifies bookkeeping and other administrative 
                burdens on ski area permittees and Forest Service 
                personnel; and
            (2) to prevent future conflicts between ski area operations 
        and mining and mineral leasing programs by withdrawing lands 
        within ski area permit boundaries from the operation of mining 
        and mineral leasing laws.

SEC. 302. SKI AREA PERMIT FEES AND WITHDRAWAL OF SKI AREAS FROM 
              OPERATION OF MINING LAWS.

    The National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) is 
amended by adding at the end the following new sections:

``SEC. 4. SKI AREA PERMIT FEES.

    ``(a) Ski Area Permit Fee.--After the date of enactment of this 
section, the fee for all ski area permits on National Forest System 
lands shall be calculated, charged, and paid only as set forth in 
subsection (b) in order to--
            ``(1) return fair market value to the United States and 
        provide ski area permittees and the United States with a 
        simplified, consistent, predictable, and equitable permit fee;
            ``(2) simplify administrative, bookkeeping, and other 
        requirements currently imposed on the Secretary of Agriculture 
        and ski area permittees on national forest lands; and
            ``(3) save costs associated with the calculation of ski 
        area permit fees.
    ``(b) Method of Calculation.--
            ``(1) Determination of adjusted gross revenue subject to 
        fee.--The Secretary of Agriculture shall calculate the ski area 
        permit fee (SAPF) to be charged a ski area permittee by first 
        determining the permittee's adjusted gross revenue (AGR) to be 
        subject to the permit fee. The permittee's adjusted gross 
        revenue (AGR) is equal to the sum of the following:
                    ``(A) The permittee's gross revenues from alpine 
                lift ticket and alpine season pass sales plus revenue 
                from alpine ski school operations (LTA+SSA), with such 
                total multiplied by the permittee's slope transport 
                feet percentage (STFP) on National Forest System lands.
                    ``(B) The permittee's gross revenues from Nordic 
                ski use pass sales and Nordic ski school operations 
                (LTN+SSN), with such total multiplied by the 
                permittee's percentage (NR) of Nordic trails on 
                National Forest System lands.
                    ``(C) The permittee's gross revenues from ancillary 
                facilities (GRAF) physically located on National Forest 
                System lands, including all permittee or subpermittee 
                lodging, food service, rental shops, parking, and other 
                ancillary operations.
            ``(2) Depiction of formula.--Utilizing the abbreviations 
        indicated in paragraph (1), the calculation of the adjusted 
        gross revenue (AGR) of a ski area permittee is illustrated by 
        the following formula:
        ``AGR=((LTA+SSA) x STFP)+((LTN+SSN) x NR) + GRAF
            ``(3) Determination of ski area permit fee.--The Secretary 
        shall determine the ski area permit fee (SAPF) to be charged a 
        ski area permittee by multiplying adjusted gross revenue 
        determined under paragraph (1) for the permittee by the 
        following percentages for each revenue bracket and adding the 
        total for each revenue bracket:
                    ``(A) 1.5 percent of all adjusted gross revenue 
                below $3,000,000.
                    ``(B) 2.5 percent for adjusted gross revenue 
                between $3,000,000 and $15,000,000.
                    ``(C) 2.75 percent for adjusted gross revenue 
                between $15,000,000 and $50,000,000.
                    ``(D) 4.0 percent for the amount of adjusted gross 
                revenue that exceeds $50,000,000.
            ``(4) Slope transport feet percentage.--In cases where ski 
        areas are only partially located on National Forest System 
        lands, the slope transport feet percentage on national forest 
        land referred to in paragraph (1) is hereby determined to most 
        accurately reflect the percent of an alpine ski area 
        permittee's total skier service capacity which is located on 
        National Forest System land. It shall be calculated as 
        generally described in the Forest Service Manual in effect as 
        of January 1, 1992.
            ``(5) Annual adjustment of adjusted gross revenue.--In 
        order to insure that the ski area permit fee set forth in this 
        subsection remains fair and equitable to both the United States 
        and ski area permittees, the Secretary shall adjust, on an 
        annual basis, the adjusted gross revenue figures for each 
        revenue bracket in subparagraphs (A) through (D) of paragraph 
        (3) by the percent increase or decrease in the national 
        Consumer Price Index for the preceding calendar year.
    ``(c) Minimum Rental Fee.--In cases where an area of National 
Forest System land is under a ski area permit but the permittee does 
not have revenue or sales qualifying for fee payment pursuant to 
subsection (a), the permittee shall pay an annual minimum rental fee of 
$2 for each acre of National Forest System land under permit. Rental 
fees imposed under this subsection shall be paid at the time specified 
in subsection (d).
    ``(d) Time for Payment.--Unless otherwise mutually agreed to by the 
ski area permittee and the Secretary, the ski area permit set forth in 
subsection (b) shall be paid by the permittee by August 31 of each year 
and cover all applicable revenues received during the twelve-month 
period ending on June 30 of that year. To simplify bookkeeping and fee 
calculation burdens on the permittee and the Forest Service, the 
Secretary shall no later than March 15 of each year provide each ski 
area permittee with a standardized form and worksheets (including 
annual fee calculation brackets and rates) to be used for fee 
calculation and submitted with the fee payment.
    ``(e) Exclusion of Revenue Obtained Outside of National Forest 
Lands.--Under no circumstances shall ski area permittee revenue or 
subpermittee revenue (other than lift ticket, area use pass, or ski 
school sales) obtained from operations physically located on non-
national forest land be included in the ski area permit fee calculation
    ``(f) Definitions.--To simplify bookkeeping and administrative 
burdens on ski area permittees and the Forest Service, as used in this 
section, the terms `revenue' and `sales' shall mean actual income from 
sales. Such terms shall not include sales of operating equipment, 
refunds, rent paid to the permittee by sublessees, sponsor 
contributions to special events or any amounts attributable to employee 
gratuities, discounts, complimentary lift tickets, or other goods or 
services (except for bartered goods) for which the permittee does not 
receive money.
    ``(g) Effective Date for Fees.--The ski area permit fees required 
by this section shall become effective on July 1, 1995 and cover 
receipts retroactive to July 1, 1994. If a ski area permittee has paid 
fees for the 12-month period ending on June 30, 1995, under the 
graduated rate fee system formula in effect prior to the date of the 
enactment of this section, such fees shall be credited toward the new 
ski area permit fee due for that period under this section.
    ``(h) Transitional Ski Area Permit Fees.--
            ``(1) Determination of average fees.--In order to minimize 
        in any one year the effect of converting individual ski areas 
        from the fee system in existence on the date of enactment of 
        this section to the ski area permit fee required by subsection 
        (a), each ski area permittee subject to the new fee shall 
        determine the permittee's average existing fees (AEF) for each 
        year of the three-year period ending on June 30, 1994, and the 
        permittee's proforma average ski area permit fee (ASF) under 
        subsection (a) for each year of that period. Both (AEF) and 
        (ASF) shall be determined by adding together the fee payment 
        made by the ski area or the estimated payment that would have 
        been paid under subsection (a) for each year of that period and 
        dividing by three.
            ``(2) Determination of transitional fees.--To calculate the 
        ski area permit fee required by subsection (a) for each year in 
        the five-year period ending on June 30, 1999, the Secretary of 
        Agriculture shall divide the ski area permit fee required by 
        subsection (a) by the ASF and then multiply by the AEF. The 
        resulting fee shall be called the Adjusted Base Fee (ABF). 
        After June 30, 1999, all ski areas will pay the ski area permit 
        fee required by subsection (a) without regard to previous fees 
        or rates paid.
            ``(3) Effect of low abf.--Should the ABF be less than the 
        ski area permit fee required by subsection (a), the ski area 
        permittee shall pay the lesser of the fee required by 
        subsection (a) or the ABF, which shall be adjusted by 
        multiplying the ABF by--
                    ``(A) 1.1 for the fee required to be paid by August 
                31, 1995;
                    ``(B) 1.2 for the fee required to be paid by August 
                31, 1996;
                    ``(C) 1.3 for the fee required to be paid by August 
                31, 1997;
                    ``(D) 1.4 for the fee required to be paid by August 
                31, 1998; and
                    ``(E) 1.5 for the fee required to be paid by August 
                31, 1999.
            ``(4) Effect of high abf.--Should the ABF be greater than 
        the ski area permit fee required by subsection (a), the ski 
        area permittee shall pay the greater of the fee required by 
        subsection (a) or the ABF, which shall be adjusted by 
        multiplying the ABF by--
                    ``(A) 0.9 for the fee required to be paid by August 
                31, 1995;
                    ``(B) 0.8 for the fee required to be paid by August 
                31, 1996;
                    ``(C) 0.7 for the fee required to be paid by August 
                31, 1997;
                    ``(D) 0.6 for the fee required to be paid by August 
                31, 1998; and
                    ``(E) 0.5 for the fee required to be paid by August 
                31, 1999.
``SEC. 5. WITHDRAWAL OF SKI AREAS FROM OPERATION OF MINING LAWS.

    ``Subject to valid existing rights, all lands located within the 
boundaries of ski area permits issued prior to, on, or after the date 
of enactment of this section pursuant to the authority of the Act of 
March 4, 1915 (16 U.S.C. 497), the Act of June 4, 1897 (16 U.S.C. 473 
et seq.), or section 3 of this Act are hereby and henceforth 
automatically withdrawn from all forms of appropriation under the 
mining laws and from disposition under all laws pertaining to mineral 
and geothermal leasing and all amendments to such laws. Such withdrawal 
shall continue for the full term of the permit and any modification, 
reissuance, or renewal of the permit. Such withdrawal shall be canceled 
automatically upon expiration or other termination of the permit. Upon 
cancellation of the withdrawal, the land shall be automatically 
restored to all appropriation not otherwise restricted under the public 
land laws.''.

SEC. 303. STUDY OF SKI AREAS FOR POTENTIAL SALE.

    The Secretary of Agriculture shall conduct a study of ski areas on 
National Forest System lands to determine the feasibility and 
suitability of selling all or a portion of such lands to the current 
permittees or other interested parties. The study shall determine and 
identify whether any continuing need for Federal retention of such 
lands exists. It shall identify the cost savings and revenues to the 
Federal Government which might accrue as a result of such sales as well 
as other benefits which might result from the disposal of such lands. 
In addition, the study shall identify criteria which should be used in 
considering the sale of such assets. The Secretary shall complete the 
study within one year from the date of enactment of this title and 
shall transmit a report 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.

                 TITLE IV--NATIONAL PARK SYSTEM REFORM

SEC. 401. PREPARATION OF NATIONAL PARK SYSTEM PLAN.

    (a) Preparation of Plan.--The Secretary of the Interior 
(hereinafter in this title referred to as the ``Secretary''), acting 
through the Director of the National Park Service, and in consultation 
with the National Park System Advisory Board, shall prepare a National 
Park System Plan (hereinafter in this title referred to as the 
``plan'') to guide the direction of the National Park System into the 
next century. The plan shall include each of the following:
            (1) Detailed criteria to be used in determining which 
        natural and cultural resources are appropriate for inclusion as 
        units of the National Park System.
            (2) Identification of what constitutes adequate 
        representation of a particular resource type and which aspects 
        of the national heritage are adequately represented in the 
        existing National Park System or in other protected areas.
            (3) Identification of appropriate aspects of the national 
        heritage not currently represented in the National Park System.
            (4) Priorities of the themes and types of resources which 
        should be added to the National Park System in order to provide 
        more complete representation of our Nation's heritage.
            (5) A statement of the role of the National Park Service 
        with respect to such topics as preservation of natural areas 
        and ecosystems, preservation of industrial America, 
        preservation of non-physical cultural resources, and provision 
        of outdoor recreation opportunities.
            (6) A statement of what areas constitute units of the 
        National Park System and the distinction between units of the 
        system, affiliated areas, and other areas within the system.
    (b) Consultation.--During the preparation of the plan under 
subsection (a), the Secretary shall consult with other Federal land 
management agencies, State and local officials, the National Park 
System Advisory Board, resource management, recreation and scholarly 
organizations and other interested parties as the Secretary deems 
advisable. These consultations shall also include appropriate 
opportunities for public review and comment. The plan shall take into 
consideration the results and recommendations in the management systems 
report conducted by the National Park System Advisory Board as provided 
in section 702(a) of this Act.
    (c) Transmittal to Congress.--Prior to the end of the second 
complete fiscal year commencing after the date of enactment of this 
title, the Secretary shall transmit the plan developed under this 
section 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.

SEC. 402. STUDY OF THE NEW PARK SYSTEM AREAS.

    Section 8 of the Act of August 18, 1970, entitled ``An Act to 
improve the Administration of the National Park System by the Secretary 
of the Interior, and to clarify the authorities applicable to the 
system, and for other purposes'' (Public Law 91-383, 84 Stat. 825; 16 
U.S.C. 1a-1 and following), as amended, is further amended as follows:
            (1) By inserting ``General Authority.--'' after ``(a)''.
            (2) By striking the second through the sixth sentences of 
        subsection (a).
            (3) By striking ``Natural'' from ``Committee on Natural 
        Resources of the United States House of Representatives'' in 
        the eighth sentence.
            (4) By redesignating the last two sentences of subsection 
        (a) as subsection (e) and inserting in such sentence before the 
        words ``For the purposes of carrying'' the following: ``(e) 
        Authorization of Appropriations.--''.
            (4) By striking subsection (b).
            (5) By inserting the following after subsection (a):
    ``(b) Studies of Areas for Potential Addition.--(1) At the 
beginning of each calendar year, the Secretary shall submit 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 a list of areas recommended for study for potential 
inclusion in the National Park System.
    ``(2) In developing the list to be submitted under this subsection, 
the Secretary shall give consideration to those areas that have the 
greatest potential to meet the established criteria of national 
significance, suitability, and feasibility. The Secretary shall give 
special consideration to themes, sites, and resources not already 
adequately represented in the National Park System as identified in the 
National Park System Plan to be developed under title IV, section 401 
of the National Park Service Enhancement Act. No study of the potential 
of an area for inclusion in the National Park System may be initiated 
after the date of enactment of this section, except as provided by 
specific authorization of an Act of Congress. Nothing in this Act shall 
limit the authority of the National Park Service to conduct preliminary 
resource assessments, gather data on potential study areas, provide 
technical and planning assistance, prepare or process nominations for 
administrative designations, update previous studies, or complete 
reconnaissance surveys of individual areas requiring a total 
expenditure of less than $25,000. Nothing in this section shall be 
construed to apply to or affect or alter the study of any river segment 
for potential addition to the national wild and scenic rivers system or 
to apply to or to affect or alter the study of any trail for potential 
addition to the national trails system.
    ``(c) Report.--The Secretary shall complete the study for each area 
for potential inclusion into the National Park System within three 
complete fiscal years following the date of enactment of specific 
legislation providing for the study of such area. Each study under this 
section shall be prepared with appropriate opportunity for public 
involvement, including at least one public meeting in the vicinity of 
the areas under study, and reasonable efforts to notify potentially 
affected landowners and State and local governments. In conducting the 
study, the Secretary shall consider whether the area under study--
            ``(1) possesses nationally significant natural or cultural 
        resources, or outstanding recreational opportunities, and that 
        it represents one of the most important examples of a 
        particular resource type in the country;
            ``(2) is a suitable and feasible addition to the system; 
        and
            ``(3) what the additional fiscal and personnel costs will 
        be if the area were added to the system.
Each study shall consider the following factors with regard to the area 
being studied: the rarity and integrity; whether similar resources are 
already protected in the National Park System or in other Federal, 
State or private ownership; the public use potential; the interpretive 
and educational potential; cost associated with acquisition, 
development and operation; the socioeconomic impacts of any 
designation; the level of local and general public support; and whether 
the unit is of appropriate configuration to ensure long term resource 
protection and visitor use. Each study shall also consider whether 
direct National Park Service management or alternative protection by 
other agencies or the private sector is appropriate for the area. Each 
such study shall identify what alternative or combination of 
alternatives would, in the professional judgment of the Director of the 
National Park Service, be most effective and efficient in protecting 
significant resources and providing for public enjoyment. The letter 
transmitting each completed study to Congress shall contain a 
recommendation regarding the Administration's preferred management 
option for the area and detail the fiscal and personnel costs if the 
preferred option is Federal management.
    ``(d) List of Areas.--At the beginning of each calendar year, along 
with the annual budget submission, the Secretary shall submit 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 a list of areas which have been previously studied 
which contain primarily cultural or historical resources and a list of 
areas which have been previously studied which contain primarily 
natural resources in numerical order of priority for addition to the 
National Park System. In developing the list, the Secretary should 
consider threats to resource values, cost escalation factors, and other 
factors listed in subsection (c) of this section.''.

                TITLE V--LAND MANAGEMENT AGENCY HOUSING

SEC. 501. DEFINITIONS.

    As used in this title, the term--
            (1) ``public lands'' means Federal lands administered by 
        the Secretary of the Interior or the Secretary of Agriculture;
            (2) ``Secretaries'' means the Secretary of the Interior and 
        the Secretary of Agriculture;
            (3) ``housing'' means residential housing available for 
        rent or lease to Federal employees in or near a park or public 
        lands and its associated infrastructure; and
            (4) ``employee'' means an employee of the Federal 
        Government and their families who by necessity reside in or 
        near a park or public lands for the purposes of the management 
        of those lands, including temporary and seasonal employees and 
        volunteers.

SEC. 502. EMPLOYEE HOUSING.

    (a) Authority.--(1) To promote the recruitment and retention of 
qualified personnel necessary for the effective management of public 
lands, the Secretaries are authorized to--
            (A) make employee housing available, subject to the 
        limitations set forth in paragraph (2), on or off public lands, 
        and
            (B) rent or lease such housing to employees of the 
        respective Department at a reasonable value.
    (2)(A) Housing made available to employees on public lands shall be 
limited to those areas designated for administrative use.
    (B) No private lands or interests therein outside of the boundaries 
of Federally administered areas may be acquired by any means for the 
purposes of this title except with the consent of the owner thereof.
    (b) Definitions.--The Secretaries shall provide such housing in 
accordance with this title and section 5911 of title 5, United States 
Code, except that for the purposes of this title, the term--
            (1) ``availability of quarters'' (as used in this title and 
        subsection (b) of section 5911) means the existence, within 
        thirty miles of the employee's duty station, of well-
        constructed and maintained housing suitable to the individual 
        and family needs of the employee, for which the rental rate as 
        a percentage of the employee's annual gross income does not 
        exceed the most recent Census Bureau American Housing Survey 
        median monthly housing cost for renters inclusive of utilities, 
        as a percentage of current income, whether paid as part of rent 
        or paid directly to a third party;
            (2) ``contract'' (as used in this title and subsection (b) 
        of section 5911) includes, but is not limited to, ``Built-to-
        Lease'', ``Rental Guarantee'', ``Joint Development'', or other 
        lease agreements entered into by the Secretary, on or off 
        public lands, for the purposes of sub-leasing to Departmental 
        employees; and
            (3) ``reasonable value'' (as used in this title and 
        subsection (c) of section 5911) means the base rental rate 
        comparable to private rental rates for comparable housing 
        facilities and associated amenities: Provided, That the base 
        rental rate as a percentage of the employee's annual gross 
        income shall not exceed the most recent American Housing Survey 
        median monthly housing cost for renters inclusive of utilities, 
        as a percentage of current income, whether paid as part of rent 
        or paid directly to a third party.
    (c) Subject to appropriation, the Secretaries may enter into 
contracts and agreements with public and private entities to provide 
housing on or off public lands.
    (d) The Secretaries may enter into cooperative agreements or joint 
ventures with local governmental and private entities, either on or off 
public lands, to provide appropriate and necessary utility and other 
infrastructure facilities in support of employee housing facilities 
provided under this Act.

SEC. 503. SURVEY OF RENTAL QUARTERS.

    The Secretaries shall conduct a survey of the availability of 
quarters at field units under each Secretary's jurisdiction at least 
every five years. If such survey indicates that government owned or 
suitable privately-owned quarters are not available as defined in 
section 502(b)(1) of this title for the personnel assigned to a 
specific duty station, the Secretaries are authorized to provide 
suitable quarters in accordance with the provisions of this title. For 
the purposes of this section, the term ``suitable quarters'' means 
well-constructed, maintained housing suitable to the individual and 
family needs of the employee.

SEC. 504. SECONDARY QUARTERS.

    (a) If the Secretary of the Interior or the Secretary of 
Agriculture determines that secondary quarters for employees who are 
permanently duty stationed at remote locations and are regularly 
required to relocate for temporary periods are necessary for the 
effective administration on an area under the jurisdiction of the 
respective agency, such secondary quarters are authorized to be made 
available to employees, either on or off public lands, in accordance 
with the provisions of this title.
    (b) Rental rates for such secondary facilities shall be established 
so that the aggregate rental rate paid by an employee for both primary 
and secondary quarters as a percentage of the employee's annual gross 
income shall not exceed the Census Bureau American Housing Survey 
median monthly housing cost for renters inclusive of utilities as a 
percentage of current income, whether paid as part of rent or paid 
directly to a third party.

SEC. 505. SURVEY OF EXISTING FACILITIES.

    (a) Housing Survey.--Within two years after the date of enactment 
of this title, the Secretaries shall survey all existing government-
owned employee housing facilities under the jurisdiction of the 
Department of the Interior and the Department of Agriculture, to assess 
the physical condition of such housing and the suitability of such 
housing for the effective prosecution of the agency mission. The 
Secretaries shall develop an agency-wide priority listing, by 
structure, identifying those units in greatest need of repair, 
rehabilitation, replacement or initial construction, as appropriate. 
The survey and priority listing study shall be transmitted 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.
    (b) Priority Listing.--Unless otherwise provided by law, 
expenditure of any funds appropriated for construction, repair or 
rehabilitation shall follow, in sequential order, the priority listing 
established by each agency. Funding available from other sources for 
employee housing repair may be distributed as determined by the 
Secretaries.

SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $3,000,000 each year for 
fiscal years 1996 through 2001 for the purposes of this title.
                     TITLE VI--DISPOSITION OF FEES

SEC. 601. SPECIAL ACCOUNT.

    A special account is hereby established in the Treasury of the 
United States that shall be called the Park Improvement Fund 
(hereinafter referred to in this title as ``the fund'').

SEC. 602. COVERING OF FEES INTO PARK IMPROVEMENT FUND.

    Notwithstanding section 4(i) of the Land and Water Conservation 
Fund Act of 1965 (Public Law 88-578; 16 U.S.C. 460l-6a(i)), beginning 
in fiscal year 1996 and in each fiscal year thereafter, 50 percent of 
all revenues received by the Federal Government in excess of the amount 
that would have been received in 1995 without enactment of this Act 
from franchise fees, admission, special recreation, commercial tour 
use, and commercial/non-recreational use fees shall be covered into the 
fund; however, the Secretary of the Interior may withhold from the fund 
such portion of all receipts collected from fees imposed by titles I 
and II of this Act in such fiscal year as the Secretary determines to 
be equal to the fee collection costs for the immediately preceding 
fiscal year: Provided, That such costs shall not exceed 15 percent of 
all receipts collected from fees imposed under titles I and II of this 
Act in such immediately preceding fiscal year.

SEC. 603. ALLOCATION AND USE OF FEES.

    (a) Allocation.--Notwithstanding section 4(j) of the Land and Water 
Conservation Fund Act of 1965 (Public Law 88-578; 16 U.S.C. 460l-
6a(j)), receipts in the fund from the previous fiscal year shall be 
available to the Secretary without further appropriation and shall be 
allocated as follows: each fiscal year, beginning in 1997, 75 percent 
of the total receipts deposited in the fund for the previous fiscal 
year from each unit of the National Park System collecting franchise, 
admission, special recreation, commercial tour use or commercial/non-
recreational use fees shall be available for expenditure only by that 
unit. The remaining receipts in the fund may be allocated among units 
of the National Park System, including those not collecting such fees, 
as determined by the Secretary.
    (b) Use.--Expenditures from the fund shall be used solely for 
infrastructure and operational needs by units of the National Park 
System. By January 1 of each year, the Secretary shall provide 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 a list of proposed expenditures from the fund for each 
unit for that fiscal year and a report detailing expenditures, by unit, 
for the previous fiscal year.

             TITLE VII--NATIONAL PARK SYSTEM ADVISORY BOARD

SEC. 701. NATIONAL PARK SYSTEM ADVISORY BOARD.

    Section 3 of the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 
463) is amended as follows:
            (1) In section 3(a) by striking the first three sentences 
        and inserting in lieu thereof, ``There is hereby established a 
        National Park System Advisory Board, whose purpose shall be to 
        advise the Secretary on all matters pertaining to the National 
        Park System. The Board shall advise the Secretary on matters 
        submitted to the Board by the Secretary as well as any other 
        issues identified by the Board. The National Park System 
        Advisory Board, appointed by the Secretary for a term not to 
        exceed four years, shall be comprised of no more than nine 
        persons from among citizens of the United States having a 
        demonstrated commitment to the National Park System. Board 
        members shall be selected to represent various geographic 
        regions, including each of the seven administrative regions of 
        the National Park Service, and to ensure that the Board 
        contains expertise in natural or cultural resource management, 
        recreation use management, land use planning, financial 
        management, and business management. The Board shall include 
        one individual who is a locally elected official representing 
        an area adjacent to a national park system unit, and one 
        individual who owns land inside the boundary of a national park 
        system unit. The Board shall hold its first meeting by no later 
        than the date that is thirty days after the date on which all 
        members of the Advisory Board who are to be appointed have been 
        appointed. Any vacancy in the Board shall not affect its 
        powers, but shall be filled in the same manner in which the 
        original appointment was made. The Board may adopt such rules 
        as may be necessary to establish its procedures and to govern 
        the manner of its operations, organization, and personnel. All 
        members of the Board shall be reimbursed for travel and per 
        diem in lieu of subsistence expenses during the performance of 
        duties of the Board while away from home or their regular place 
        of business, in accordance with chapter 1 of chapter 57 of 
        title 5, United States Code. With the exception of travel and 
        per diem as noted above, a member of the Board who is otherwise 
        an officer or employee of the United States Government shall 
        serve on the Board without additional compensation.''.
            (2) By renumbering section 3(b) as 3(f) and by striking 
        from the first sentence thereof, ``1995'' and inserting in lieu 
        thereof, ``2006''.
            (3) By renumbering section 3(c) as 3(g).
            (4) By adding the following new sections 3 (b) through (e):
    ``Sec. 3. (b)(1) Subject to such rules and regulations as may be 
adopted by the Board, the Board shall have the power to--
            ``(A) appoint, terminate, and fix the compensation (without 
        regard to the provisions of title 5, United States Code, 
        governing appointments in the competitive service, and without 
        regard to the provisions of chapter 51 and subchapter III of 
        chapter 53 of such title, or of any other provision of law, 
        relating to the number, classification, and General Schedule 
        rates) of
         an Executive Director of the Advisory Board and of such other 
personnel as the Board deems advisable to assist in the performance of 
the duties of the Board, at rates not to exceed a rate equal to the 
maximum rate of GS-18 of the General Schedule under section 5332 of 
such title; and
            ``(B) procure, as authorized by section 3109 of title 5, 
        United States Code, temporary and intermittent services to the 
        same extent as is authorized by law for agencies in the 
        executive branch, but at rates not to exceed the daily 
        equivalent of the maximum annual rate of basic pay in effect 
        for grade GS-18 of such General Schedule.
    ``(2) Service of an individual as a member of the Board shall not 
be considered as service or employment bringing such individual within 
the provisions of any Federal law relating to conflicts of interest or 
otherwise imposing restrictions, requirements, or penalties in relation 
to the employment of persons, the performance of services, or the 
payment or receipt of compensation in connection with claims, 
proceedings, or matters involving the United States. Service as a 
member of the Board, or as an employee of the Board, shall not be 
considered service in an appointive or elective position in the 
Government for purposes of section 8344 of title 5, United States Code, 
or comparable provisions of Federal law.
    ``(c)(1) The Board is authorized to--
            ``(A) hold such hearings and sit and act at such times,
            ``(B) take such testimony,
            ``(C) have such printing and bindings done,
            ``(D) enter into such contracts and other arrangements,
            ``(E) make such expenditures, and
            ``(F) take such other actions,
as the Board may deem advisable. Any member of the Board may administer 
oaths or affirmations to witnesses appearing before the Board.
    ``(2) The Board is authorized to establish task forces which 
include individuals appointed by the Board who are not members of the 
Board only for the purpose of gathering information on specific 
subjects identified by the Board as requiring the knowledge and 
expertise of such individuals. Any task force established by the Board 
shall be chaired by a voting member of the Board who shall preside at 
any task force hearing authorized by the Board. No compensation may be 
paid to members of a task force solely for their service on the task 
force, but the Board may authorize the reimbursement of members of a 
task force for travel and per diem in lieu of subsistence expenses 
during the performance of duties while away from the home, or regular 
place of business, of the member, in accordance with subchapter I of 
chapter 57 of title 5, United States Code. The Board shall not 
authorize the appointment of personnel to act as staff for the task 
force, but may permit the use of Board staff and resources by a task 
force for the purpose of compiling data and information.
    ``(d) The provisions of the Federal Advisory Committee Act shall 
not apply to the Board established under this section.
    ``(e)(1) The Board is authorized to secure directly from any 
office, department, agency, establishment, or instrumentality of the 
Federal Government such information as the Board may require for the 
purpose of this section, and each such officer, department, agency, 
establishment, or instrumentality is authorized and directed to 
furnish, to the extent permitted by law, such information, suggestions, 
estimates, and statistics directly to the Board, upon request made by a 
member of the Board.
    ``(2) Upon the request of the Board, the head of any Federal 
department, agency, or instrumentality is authorized to make any of the 
facilities and services of such department, agency, or instrumentality 
available to the Board and detail any of the personnel of such 
department, agency, or instrumentality to the Board, on a 
nonreimbursable basis, to assist the Board in carrying out its duties 
under this section.
    ``(3) The Board may use the United States mails in the same manner 
and under the same conditions as other departments and agencies of the 
United States''.

SEC. 702. ADVISORY BOARD STUDIES.

    (a) Management System Study.--(1) The Advisory Board, in 
consultation with the National Park Service, shall conduct a review of 
each unit of the National Park System, except for those units 
designated as national parks, to determine whether there are management 
alternatives that would result in equal or better levels of resource 
protection, interpretation, and visitor access, use, and enjoyment. The 
Advisory Board shall review the organic legislation, and history of the 
National Park Service and its units and shall develop criteria to guide 
the Congress and the Secretary in the addition of new units to the 
National Park System. The Advisory Board shall complete its review 
within one year from the date of enactment of this title and shall 
transmit its report and recommendations to the Secretary, the Committee 
on Energy and Natural Resources of the United States Senate and the 
Committee on Resources of the United States House of Representatives.
    (b) Visitor Services Study.--The Advisory Board, in consultation 
with the National Park Service, shall conduct an analysis and 
evaluation of the current conditions and future needs of each unit of 
the National Park System for adequate visitor service programs. Such 
analysis and evaluation shall include, but not be limited to, the 
adequacy of information, education, and concession-provided services, 
and shall identify those units of the National Park System where new or 
additional services should be provided. The Advisory Board shall 
complete its evaluation within one year from the date of enactment of 
this title and shall transmit its report to the Secretary, the 
Committee on Energy and Natural Resources of the United States Senate, 
and the Committee on Resources of the United States House of 
Representatives.
    (c) Concession Oversight.--The National Park System Advisory Board 
shall periodically monitor the performance evaluation process as 
conducted annually by the Secretary for concessioners and commercial 
use contractors for effectiveness and objectivity and summarize their 
findings in an annual report to the Secretary, the Committee on Energy 
and Natural Resources of the United States Senate and the Committee on 
Resources of the United States House of Representatives.

SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the National Park System 
Advisory Board $700,000 per year to carry out the provisions of this 
title, in addition to $275,000 for the preparation of the management 
systems study referred to in section 702(a) of this title and $275,000 
for preparation of the visitor services study referred to in section 
702(b) of this title.
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