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







                                                 Union Calendar No. 380
109th CONGRESS
  2d Session
                                H. R. 5802

                          [Report No. 109-640]

 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

                           September 6, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               13, 2006]

_______________________________________________________________________

                                 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 $750,000, such 
        amount to be adjusted annually to reflect changes in the 
        Consumer Price Index as of the date of the enactment of this 
        clause. An incumbent concessions contract holder with another 
        concessions contract with annual gross receipts of $750,000 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 ``$750,000, such amount to be adjusted annually to 
        reflect changes in the Consumer Price Index as of the date of 
        the enactment of the NPS Concessions Reform Act of 2006''.

SEC. 3. DEBRIEFING.

    Section 403(5) of the National Park Service Concessions Management 
Improvement Act of 1998 (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.

    Section 405(a)(2)(A) of the National Park Service Concessions 
Management Improvement Act of 1998 (16 U.S.C. 5954(a)(2)(A)) is amended 
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 interest 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''.

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 subsection (c), 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.'';
            (2) 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 may 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
            (3) 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.''.
                                                 Union Calendar No. 380

109th CONGRESS

  2d Session

                               H. R. 5802

                          [Report No. 109-640]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 6, 2006

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