Short title

This Act may be cited as the

NPS Concessions Reform Act of 2006

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.

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.

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.

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.