[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5802 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5802

 To amend the National Park Service Concessions Management Improvement 
Act of 1998, to extend to additional small businesses the preferential 
 right to renew a concessions contract entered into under such Act, to 
facilitate the renewal of a commercial use authorization granted under 
                   such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2006

  Mr. Pearce introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the National Park Service Concessions Management Improvement 
Act of 1998, to extend to additional small businesses the preferential 
 right to renew a concessions contract entered into under such Act, to 
facilitate the renewal of a commercial use authorization granted under 
                   such Act, 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 ``NPS Concessions Reform Act of 
2006''.

SEC. 2. ANNUAL GROSS RECEIPTS.

    Section 403(8) of the National Park Service Concessions Management 
Improvement Act of 1998 (16 U.S.C. 5952(8)) is amended--
            (1) by amending subparagraph (A)(ii) to read as follows:
                            ``(ii) Subject to subparagraph (C), 
                        concessions contracts with anticipated annual 
                        gross receipts under $1,500,000, such amount to 
                        be adjusted annually to reflect changes in the 
                        Consumer Price Index. An incumbent concessions 
                        contract holder with another concessions 
                        contract with annual gross receipts of 
                        $1,500,000 or more, not including an outfitting 
                        and guide concession contract, is not eligible 
                        for the right authorized by paragraph (7).''; 
                        and
            (2) in subparagraph (C), by striking ``500,000'' and 
        inserting ``$1,500,000, such amount to be adjusted annually to 
        reflect changes in the Consumer Price Index''.

SEC. 3. DEBRIEFING.

    Section 403(5) of the Act (16 U.S.C. 5952(5)) is amended by adding 
at the end the following:
                    ``(D) Debriefing.--The Secretary shall provide to 
                any person, corporation, and other entity that 
                submitted a proposal and who was not awarded a proposed 
                concessions contract a debriefing as to why they were 
                not selected as submitting the best proposal for that 
                concessions contract. Such debriefing must be requested 
                and must be made within 90 days of the award of the 
                concessions contract. The Secretary shall not be 
                required to disclose any proprietary information of the 
                person, corporation, or other entity that was selected 
                as submitting the best proposal and awarded the 
                concessions contract.''.

SEC. 4. LEASEHOLD SURRENDER INTEREST AND SOURCE OF FUNDS.

    (a) In General.--Section 405(a) of the National Park Service 
Concessions Management Improvement Act of 1998 (16 U.S.C. 5954(a)) is 
amended--
            (1) in paragraph (2)(A), by inserting after ``pursuant to 
        this title'' the following: ``and may be pledged as security 
        for other National Park Service contracts using a combination 
        of leasehold surrender interests if holding one or more 
        contracts with the National Park Service, and the proceeds 
        resulting from such pledged security shall not be restricted 
        for use in the park or parks for which the leasehold surrender 
        interest was pledged''; and
            (2) by adding at the end the following:
            ``(6) In the event of a dispute between the concessioner 
        and the Secretary regarding leasehold surrender interest 
        valuations, leasehold surrender interest allocations, or the 
        amount of physical depreciation, the matter shall be resolved 
        through binding arbitration.''.
    (b) Transition to Successor Concessioner.--Section 405(c) of the 
Act (16 U.S.C. 5954(c)) is amended by inserting at the end of the last 
sentence the following: ``The Secretary shall advise the successor 
concessioner of the established value of the leasehold surrender 
interest for each facility and the established amount of physical 
depreciation of each facility before the successor concessioner pays 
the prior concessioner for its possessory interest or its leasehold 
surrender interest.''.
    (c) Definitions.--Section 405(e) of the Act (16 U.S.C. 5954(e)) is 
amended--
            (1) in paragraph (2)--
                    (A) by inserting ``or other fixed physical 
                improvements'' after ``nonremovable equipment''; and
                    (B) by adding at the end the following: ``A capital 
                improvement shall also include a component, 
                replacement, modification, alteration, or other 
                improvement of another capital improvement.''; and
            (2) by adding at the end the following:
            ``(3) Construct, construction, constructs.--The term 
        `construct', `construction', or `constructs' means to build, 
        make, erect, assemble, or affix.
            ``(4) Cost.--The term `cost' means all amounts paid by the 
        concessioner with respect to a capital improvement so long as 
        such cost is capitalized in the concessioner's financial 
        statements using consistently applied generally accepted 
        accounting principles.''.

SEC. 5. COMMERCIAL USE AUTHORIZATION.

    Section 418 of the National Park Service Concessions Management 
Improvement Act of 1998 (16 U.S.C. 5966) is amended--
            (1) in subparagraph (b)(2)(D), by adding at the end the 
        following: ``No action to limit the number of authorizations 
        may occur until the Secretary conducts a visitor use capacity 
        study that demonstrates that limits are necessary for the 
        preservation and proper management of park resources and 
        values.'';
            (2) in paragraph (c)(3), by adding after ``authorized 
        use.'' the following: ``Such uses shall be subject to 
        limitations and fees comparable to those that may be imposed on 
        other authorization holders for the same or similar 
        activities.'';
            (3) by amending subsection (e), to read as follows:
    ``(e) Duration.--The term of any authorization, not subject to 
limited numbers pursuant to (b)(2)(D), shall not exceed 5 years. Where 
it is determined that only limited numbers of authorizations shall be 
issued, the term of such authorizations shall not exceed 5 years. Such 
authorizations shall be issued to those applicants that have--
            ``(1) demonstrated the capability to provide quality 
        visitor services; and
            ``(2) experience with the resources and values in the park 
        unit for which the authorization is issued.''; and
            (4) by adding at the end the following:
    ``(g) Cost Recovery.--The Secretary shall not seek to recover costs 
from applicants or authorized holders related to capacity studies and 
recreation activities and monitoring not associated with 
authorizations.''.
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