[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2590 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2590

To advance the purposes of the Lewis and Clark National Historic Trail 
              Interpretive Center, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2014

 Mr. Tester (for himself and Mr. Walsh) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To advance the purposes of the Lewis and Clark National Historic Trail 
              Interpretive Center, 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 ``Lewis and Clark National Historic 
Trail Interpretive Center Act of 2014''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to provide for a pilot program of public-private 
        partnership regarding the operation of the Lewis and Clark 
        National Historic Trail Interpretive Center;
            (2) to promote the use and development of the Interpretive 
        Center by the Lewis & Clark Foundation, in support of the 
        purposes of Public Law 100-552 (102 Stat. 2766);
            (3) to allow and promote use of the Interpretive Center, 
        with the goal of achieving financial self-sustainability; and
            (4) to authorize the Secretary of Agriculture to 
        participate and cooperate in the operation of the Interpretive 
        Center as necessary or desirable to promote--
                    (A) the conservation and management of United 
                States public land;
                    (B) the use, understanding, and enjoyment of--
                            (i) the Interpretive Center; and
                            (ii) natural resources and natural history; 
                        and
                    (C) interpretation of the historical events 
                associated with--
                            (i) the Lewis and Clark Expedition;
                            (ii) Native Americans; and
                            (iii) the American West.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Foundation.--The term ``Foundation'' means the Lewis & 
        Clark Foundation, a nonprofit corporation existing under the 
        laws of the State (or any successor in interest to that 
        foundation).
            (2) Grant deed.--The term ``Grant Deed'' means the 
        instrument that--
                    (A) conveys to the United States from the Montana 
                Department of Fish, Wildlife and Parks a parcel of land 
                comprising 27.29 acres, as depicted on the Map and 
                located in Cascade County, Montana;
                    (B) comprises 8 pages recorded in the land records 
                of Cascade County as document numbered R0040589; and
                    (C) is dated June 6, 2002.
            (3) Interpretive center.--
                    (A) In general.--The term ``Interpretive Center'' 
                means the Lewis and Clark National Historic Trail 
                Interpretive Center, located in Great Falls, Montana.
                    (B) Inclusions.--The term ``Interpretive Center'' 
                includes all land, buildings, and fixtures associated 
                with the center described in subparagraph (A).
            (4) Map.--The term ``Map'' means the map entitled ``Lewis 
        and Clark Interpretive Center, Tract No. 1 of the Certificate 
        of Survey #3942'', filed on April 18, 2002, in the offices of 
        the Clerk and Recorder, Cascade County, Montana.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) State.--The term ``State'' means the State of Montana.

SEC. 4. AMENDMENTS.

    Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) is 
amended--
            (1) in section 2--
                    (A) in subsection (b), in the first sentence, by 
                striking ``donated'' and inserting ``conveyed''; and
                    (B) by striking subsection (c); and
            (2) in section 3(a), by striking the second sentence.

SEC. 5. RATIFICATION OF PRIOR CONVEYANCE.

    Notwithstanding section 2 of Public Law 100-552 (16 U.S.C. 1244 
note; 102 Stat. 2766), the Grant Deed is ratified in accordance with 
the terms of the Grant Deed.

SEC. 6. CONVEYANCE BY LEASE.

    (a) Pilot Project.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, without further administrative 
        procedures, reviews, or analyses and subject to valid existing 
        rights of record, the Secretary shall carry out a pilot project 
        under which the Secretary shall offer to lease to the 
        Foundation, for no consideration, the land and improvements 
        comprising the Federal interest in the Interpretive Center, 
        including the real property depicted on the Map and conveyed by 
        the Grant Deed.
            (2) Timing.--At any time, the Secretary and the Foundation 
        may agree to the lease of all or any portion of the property 
        described in paragraph (1)--
                    (A) at 1 time; or
                    (B) in phases over time.
            (3) Personal property conveyance.--The Secretary may 
        convey, by deed of gift or lease to the Foundation, for no 
        consideration, such furniture, equipment, and other personal 
        property as the Secretary and the Foundation agree to be 
        appropriate, including any property that has been used in 
        connection with the operation and maintenance of the 
        Interpretive Center on or before the date of enactment of this 
        Act.
    (b) Terms and Conditions.--
            (1) Term.--The lease under subsection (a) shall be--
                    (A) for a primary term of not more than 40 years; 
                and
                    (B) renewable for additional terms of not more than 
                40 years each, in accordance with such terms and 
                conditions as the Secretary and the Foundation agree to 
                be appropriate.
            (2) Condition.--The Secretary--
                    (A) shall lease any real or personal property 
                pursuant to this section in the existing condition of 
                the property; and
                    (B) has no obligation to repair or replace any such 
                property or improvement.
            (3) Requirements.--
                    (A) In general.--The terms of any lease, lease 
                modification, or lease renewal under this section shall 
                be consistent with the requirements of this Act.
                    (B) Other terms and conditions.--The lease may 
                contain such other terms and conditions including 
                provisions relating to--
                            (i) the partial occupancy and use at 
                        reduced or no charges by the Forest Service, 
                        other Federal departments or agencies, and any 
                        other entities referred to in Public Law 100-
                        552 (16 U.S.C. 1244 note; 102 Stat. 2766);
                            (ii) capital improvements made by the 
                        Foundation, the title to which shall vest in 
                        the United States on termination of the lease, 
                        unless otherwise agreed to by the Secretary and 
                        the Foundation; and
                            (iii) the upkeep and maintenance of any 
                        appropriate facilities by the Foundation.
            (4) Modifications.--The lease may be modified from time to 
        time by mutual written agreement of the Secretary and the 
        Foundation.
            (5) Termination.--The lease under subsection (a) shall be 
        terminable by the Secretary in any case in which the Secretary 
        determines that the Interpretive Center is--
                    (A) destroyed by fire or act of God such that the 
                Interpretive Center cannot continue operating, and the 
                Foundation has elected not to construct or reconstruct 
                any necessary improvements;
                    (B) attempted to be sold, mortgaged, or used as 
                security for indebtedness;
                    (C) abandoned or ceases to be used for the purposes 
                of the lease for a consecutive period of 1 year, unless 
                otherwise agreed to by the Foundation and the 
                Secretary; or
                    (D) used in a manner that is inconsistent with the 
                terms of the lease.
    (c) Administrative Actions.--The Regional Forester, Northern 
Region, of the Forest Service may act on behalf of the Secretary in 
carrying out this Act.
    (d) Reservation of Rights in United States.--
            (1) In general.--At all times, the United States shall 
        reserve the right to locate, develop, and use the Interpretive 
        Center for other uses by the Federal Government that are 
        compatible with the purposes and operation of Interpretive 
        Center.
            (2) Consultation required.--The Foundation shall be 
        consulted prior to any development or use under paragraph (1).
    (e) Insurance.--
            (1) In general.--The Foundation shall maintain general 
        liability insurance for the duration of the lease under this 
        section, in such amount as is agreed to by the Secretary and 
        the Foundation.
            (2) Requirement.--The United States shall be named as an 
        additional insured under the policy.

SEC. 7. USE BY FOUNDATION.

    The lease under this Act--
            (1) shall permit the Foundation to assume stewardship 
        responsibilities for the Interpretive Center, including 
        through--
                    (A) the sale of souvenirs and merchandise;
                    (B) the provision of food and visitor services;
                    (C) the rental of facilities for short-term events; 
                and
                    (D) the assessment of admission and use fees in an 
                amount determined by the Foundation; and
            (2) may permit the Foundation, with prior written approval 
        of the Secretary--
                    (A) to construct or renovate any applicable 
                improvements; and
                    (B) to sublet any space or facility for any use 
                that is compatible with the purposes of the 
                Interpretive Center.

SEC. 8. MONETARY PROVISIONS.

    (a) Admission and Use Fees.--The Foundation shall have sole 
discretion to establish and charge admission and use fees for the 
Interpretive Center.
    (b) Receipts.--The Foundation may retain and use all amounts 
generated from the operation of the Interpretive Center, including 
through--
            (1) the sale of merchandise; and
            (2) the assessment of admission and use fees.
    (c) Accounts.--
            (1) In general.--The Foundation shall maintain documents 
        and accounts that are--
                    (A) prepared by an accountant certified or licensed 
                by a State regulatory authority; and
                    (B) prepared in accordance with generally accepted 
                accounting principles.
            (2) Inspection.--All documents and accounts of the 
        Foundation shall be open to inspection by--
                    (A) the Secretary; and
                    (B) other appropriate Federal officials.
    (d) State and Local Taxes.--
            (1) In general.--The Interpretive Center shall be 
        considered to be Federal property for purposes of taxation by 
        the State government and units of local government.
            (2) Effect of act.--Nothing in this Act exempts the 
        Foundation or the Interpretive Center from the collection and 
        payment of any sales or excise tax.
    (e) Federal Assistance.--
            (1) In general.--Subject to the availability of 
        appropriated funds, the Secretary may provide to the Foundation 
        (including through a cooperative agreement under section 9) 
        such sums as the Secretary determines to be appropriate for--
                    (A) startup costs; and
                    (B) subsequent maintenance and operational 
                expenses.
            (2) Other federal assistance.--The Foundation may apply for 
        and receive any Federal grant or other form of Federal 
        assistance for which the Foundation is otherwise eligible, 
        notwithstanding the status of the Foundation as a lessee of, or 
        cooperator with, the United States.

SEC. 9. COOPERATIVE AGREEMENTS.

    (a) In General.--The Secretary and the Foundation at any time may 
enter into any cooperative agreement to provide Federal financial or 
other assistance at the Interpretive Center relating to--
            (1) the use of Forest Service employees for interpretive or 
        educational services;
            (2) the use of equipment;
            (3) the training of staff and volunteers;
            (4) the provision of interpretive services, including 
        displays, educational programs, and similar information;
            (5) maintenance and operational expenses; and
            (6) any other activity that the Foundation and the 
        Secretary determine to be in support of the purposes of Public 
        Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and this Act.
    (b) Effect of Act.--Nothing in this Act precludes the use of other 
cooperative authorities of the Secretary, including the National Trails 
System Act (16 U.S.C. 1241 et seq.).

SEC. 10. RELATIONSHIP TO OTHER LAWS.

    (a) Public Law 100-552.--
            (1) In general.--Except as provided in section 4, Public 
        Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) shall remain 
        in force and effect.
            (2) Conflicts.--If a conflict arises between Public Law 
        100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and any provision 
        of this Act, the provision of this Act shall prevail.
    (b) Fees and Charges.--The Foundation and the operation of the 
Interpretive Center shall not be subject to the requirements of Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) or any other 
law relating to the charging of admission or use fees on Federal land 
or facilities.
    (c) Federal Laws and Regulations.--
            (1) In general.--Notwithstanding the lease under this Act, 
        the Interpretive Center shall continue to be subject to the 
        laws and regulations relating to the National Forest System, 
        unless any such law or regulation is inconsistent with Public 
        Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) or this Act.
            (2) Regulations.--No provision contained in subpart B of 
        part 251 of title 36, Code of Federal Regulations (as in effect 
        on the date of enactment of this Act), shall apply to the lease 
        authorized by this Act, unless such a provision is incorporated 
        in the lease by agreement of the Secretary and the Foundation.

SEC. 11. REPORTS TO CONGRESS.

    (a) In General.--The Secretary and the Foundation each may submit 
to Congress, from time to time, reports regarding the status of the 
pilot project authorized by this Act, including--
            (1) an assessment of the lease under the pilot project; and
            (2) such recommendations as the Secretary or the Foundation 
        determine to be necessary or appropriate for the continued 
        management of the Interpretive Center.
    (b) Applicability.--The Secretary may advise Congress with respect 
to the potential applicability of the pilot project under this Act to 
other interpretive centers within the National Forest System.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary such sums 
as are necessary to carry out--
            (1) this Act; and
            (2) Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 
        2766).
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