Congressional Record, Volume 144 Issue 75 (Thursday, June 11, 1998)

[Congressional Record Volume 144, Number 75 (Thursday, June 11, 1998)]
[Senate]
[Pages S6261-S6270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

VISION 2020 NATIONAL PARKS RESTORATION ACT

Mr. THOMAS. Mr. President, I ask unanimous consent that the Senate

[[Page S6262]]

now proceed to the consideration of calendar No. 397, S. 1693.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:

A bill (S. 1693) to renew, reform, reinvigorate, and
protect the national parks.

The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Energy and Natural
Resources, with an amendment to strike all after the enacting clause
and inserting in lieu thereof the following:

S. 1693

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 ``Vision 2020 National Parks
System Restoration Act''.

SEC. 2. DEFINITIONS.

As used in this Act, the term--
(1) ``Secretary'' means the Secretary of the Interior, and
(2) ``park'' or ``national park'' means a unit of the
National Park System.

TITLE I--NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING AND
MANAGEMENT

SEC. 101. PROTECTION, INTERPRETATION AND RESEARCH IN THE
NATIONAL PARK SYSTEM.

Recognizing the ever increasing societal pressures being
placed upon America's unique natural and cultural resources
contained in the National Park System, the Secretary shall
continually improve the ability of the National Park Service
to provide state-of-the art management, protection, and
interpretation of and research on the resources of the
National Park System.

SEC. 102. NATIONAL PARK SERVICE EMPLOYEE TRAINING.

The Secretary shall develop a comprehensive training
program for employees in all professional careers in the work
force of the National Park Service for the purpose of
assuring that the work force has available the best, up-to-
date knowledge, skills and abilities with which to manage,
interpret and protect the resources of the National Park
System.

SEC. 103. MANAGEMENT DEVELOPMENT AND TRAINING.

The Secretary shall develop a clear plan for management
training and development, whereby career, professional
National Park Service employees from any appropriate academic
field may obtain sufficient training, experience, and
advancement opportunity to enable those qualified to move
into park management positions, including explicitly the
position of park superintendent.

SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.

(a) Strategic Plans.--Each unit of the National Park System
shall prepare and make available to the public a 5-year
strategic plan and an annual performance plan. Such plans
shall reflect the National Park Service policies, goals and
outcomes represented in the Service-wide Strategic Plan,
prepared pursuant to the provisions of the Government
Performance and Results Act (Public Law 103-62).
(b) Park Budget.--As a part of each park's annual
performance plan prepared pursuant to subsection (a) of this
section, following receipt of each park's appropriation from
the Operations of the National Park System account (but no
later than January 1 of each year), each park superintendent
shall develop and make available to the public the budget for
the current fiscal year for that park. The budget shall
include, at a minimum, funding allocations for resource
preservation (including resource management), visitor
services (including maintenance, interpretation, law
enforcement, and search and rescue) and administration. The
budget shall also include allocations into each of the above
categories of all funds retained from fees collected for that
year, including but not limited to special use permits,
concession franchise fees, and recreation use and entrance
fees.

TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT

SEC. 201. PURPOSES.

The purposes of this title are--
(1) to more effectively achieve the mission of the National
Park Service;
(2) to enhance management and protection of national park
resources by providing clear authority and direction for the
conduct of scientific study in the National Park System and
to use the information gathered for management purposes;
(3) to ensure appropriate documentation of resource
conditions in the National Park System;
(4) to encourage others to use the National Park System for
study to the benefit of park management as well as broader
scientific value, where such study is consistent with the Act
of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4); and
(5) to encourage the publication and dissemination of
information derived from studies in the National Park System.

SEC. 202. RESEARCH MANDATE.

The Secretary is authorized and directed to assure that
management of units of the National Park System is enhanced
by the availability and utilization of a broad program of the
highest quality science and information.

SEC. 203. COOPERATIVE AGREEMENTS.

(a) Cooperative Study Units.--The Secretary is authorized
and directed to enter into cooperative agreements with
colleges and universities, including but not limited to land
grant schools, in partnership with other Federal and State
agencies, to establish cooperative study units to conduct
multi-disciplinary research and develop integrated
information products on the resources of the National Park
System, or the larger region of which parks are a part.
(b) Report.--Within one year of the date of enactment of
this title, the Secretary shall report to the Committee on
Energy and Natural Resources of the United States Senate and
the Committee on Resources of the House of Representatives on
progress in the establishment of a comprehensive network of
such college and university based cooperative study units as
will provide full geographic and topical coverage for
research on the resources contained in units of the National
Park System and their larger regions.

SEC. 204. INVENTORY AND MONITORING PROGRAM.

The Secretary shall undertake a program of inventory and
monitoring of National Park System resources to establish
baseline information and to provide information on the long-
term trends in the condition of National Park System
resources. The monitoring program shall be developed in
cooperation with other Federal monitoring and information
collection efforts to ensure a cost-effective approach.

SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY.

(a) In General.--The Secretary may solicit, receive, and
consider requests from Federal or non-Federal public or
private agencies, organizations, individuals, or other
entities for the use of any unit of the National Park System
for purposes of scientific study.
(b) Criteria.--A request for use of a unit of the National
Park System under subsection (a) may only be approved if the
Secretary determines that the proposed study--
(1) is consistent with applicable laws and National Park
Service management policies; and
(2) will be conducted in a manner as to pose no significant
threat to or broad impairment of park resources or public
enjoyment derived from those resources.
(c) Fee Waiver.--The Secretary may waive any park admission
or recreational use fee in order to facilitate the conduct of
scientific study under this section.

SEC. 206. INTEGRATION OF STUDY RESULTS INTO MANAGEMENT
DECISIONS.

The Secretary shall take such measures as are necessary to
assure the full and proper utilization of the results of
scientific study for park management decisions. In each case
in which a park resource may be adversely affected by an
action undertaken by the National Park Service, the
administrative record shall reflect the manner in which unit
resource studies have been considered.

SEC. 207. CONFIDENTIALITY OF INFORMATION.

Information concerning the nature and location of a park
resource which is endangered, threatened, rare, or
commercially valuable, or for an object of cultural patrimony
within a unit of the National Park System, may be withheld
from the public in response to a request under section 552 of
title 5, United States Code, unless the Secretary determines
that--
(1) disclosure of the information would further the
purposes of the park unit in which the resource is located
and would not create a substantial risk of harm, theft, or
destruction of the resource, including individual specimens
of any resource population; and
(2) disclosure is consistent with other applicable laws
protecting the resource.

TITLE III--PROCEDURES FOR ESTABLISHMENT OF NEW UNITS OF THE NATIONAL
PARK SYSTEM

SEC. 301. STUDIES OF AREAS FOR POTENTIAL INCLUSION IN THE
NATIONAL PARK SYSTEM.

Section 8 of Public Law 91-383 (16 U.S.C. 1a-5) is
amended--
(1) in subsection (a)--
(A) by inserting ``General Author- ity.--'' after ``(a)'';
(B) by striking the second through sixth sentences;
(C) by striking ``For the purposes of carrying out'' and
inserting the following:
``(e) Authorization of Appropriations.--For the purposes of
carrying out''; and
(2) by inserting after subsection (a) the following:
``(b) Studies of Areas for Potential Inclusion in the
National Park System.--
``(1)(A) 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
as new units in the National Park System.
``(B) If the Secretary determines during a specific
calendar year that no areas are recommended for study for
potential inclusion in the National Park System, the
Secretary is not required to submit the list referenced in
subparagraph (A).
``(2) In developing the list submitted under this
subsection, the Secretary shall consider--

[[Page S6263]]

``(A) areas that have the greatest potential for meeting
the established criteria of national significance,
suitability, and feasibility;
``(B) themes, sites, and resources not adequately
represented in the National Park System; and
``(C) public proposals and Congressional requests.
``(3) Nothing in this subsection shall limit the authority
of the Secretary to conduct preliminary planning activities,
including--
``(A) the conduct of a preliminary resource assessment;
``(B) collection of data on a potential study area;
``(C) provision of technical and planning assistance;
``(D) preparation or processing of a nomination for an
administrative designation;
``(E) updating of a previous study; or
``(F) completion of a reconnaissance survey of an area.
``(4) National wild and scenic rivers system; national
trails system.--Nothing in this section applies to, affects,
or alters the study of--
``(A) any river segment for potential addition to the
National Wild and Scenic Rivers System; or
``(B) any trail for potential addition to the National
Trails System.
``(5) In conducting a study under this subsection, the
Secretary shall--
``(A) provide adequate public notice and an opportunity for
public involvement, including at least one public meeting in
the vicinity of the area under study; and
``(B) make reasonable efforts to notify potentially
affected landowners and State and local governments.
``(6) In conducting a study of an area under this
subsection, the Secretary--
``(A) shall consider whether the area--
``(i) possesses nationally significant natural, historic or
cultural resources, or outstanding recreational
opportunities;
``(ii) represents one of the most important examples
(singly or as part of a group) of a particular resource type
in the United States; and
``(iii) is a suitable and feasible addition to the National
Park System;
``(B) shall consider--
``(i) the rarity and integrity of the resources of the
area;
``(ii) the threats to resources;
``(iii) whether similar resources are already protected in
the National Park System or in other public or private
ownership;
``(iv) benefits to the public;
``(v) the interpretive and educational potential of the
area;
``(vi) costs associated with acquisition, development, and
operation of the area and the source or revenue to pay for
the cost;
``(vii) the socioeconomic impacts of inclusion of the area
in the National Park System;
``(viii) the level of local and general public support for
the inclusion;
``(ix) whether the area is of appropriate configuration to
ensure long-term resource protection and appropriate visitor
use; and
``(x) the potential impact on the inclusion of the area on
existing units of the National Park System;
``(C) shall consider whether direct management by the
Secretary or alternative protection by other public agencies
or the private sector is most appropriate for the area;
``(D) shall identify what alternative, if any, or what
combination of alternatives would, as determined by the
Secretary, be most effective and efficient in protecting
significant resources and providing for public enjoyment; and
``(E) may include any other information that the Secretary
considers pertinent.
``(7) The letter transmitting a completed study to Congress
shall contain a recommendation regarding the preferred
management option of the Secretary for the area.
``(8) The Secretary shall complete a study of an area for
potential inclusion in the National Park System within three
years after the date funds are made available for the study.
``(c) List of Previously Studied Areas with Historical or
Natural Resources.--
``(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 to the Committee on Resources
of the United States House of Representatives--
``(A) a list of areas that have been previously studied
under this section that contain primarily historical or
cultural resources, but have not been added to the National
Park System; and
``(B) a list of areas that have been previously studied
under this section that contain primarily natural resources,
but have not been added to the National Park System.
``(2) In developing a list under paragraph (1), the
Secretary shall consider the factors described in subsection
(b)(2).
``(3) The Secretary shall include on a list under paragraph
(1) only areas for which supporting data are current and
accurate.''.

TITLE IV--NATIONAL PARK SERVICE CONCESSION MANAGEMENT

SEC. 401. SHORT TITLE.

This title may be cited as the ``National Park Service
Concession Management Improvement Act of 1998''.

SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF POLICY.

In furtherance of the Act of August 25, 1916 (39 Stat.
535), as amended (16 U.S.C. 1, 2-4), which directs the
Secretary of the Interior to administer areas of the National
Park System in accordance with the fundamental purpose of
conserving their scenery, wildlife, natural and historic
objects, and providing for their enjoyment in a manner that
will leave them unimpaired for the enjoyment of future
generations, the Congress hereby finds that the preservation
of park values requires that such public accommodations,
facilities and services as have to be provided within those
areas should be provided only under carefully controlled
safeguards against unregulated and indiscriminate use, so
that heavy visitation will not unduly impair these values and
so that development of such facilities can best be limited to
locations where the least damage to park values will be
caused. It is the policy of the Congress that such
development shall be limited to those that are necessary and
appropriate for public use and enjoyment of the unit of the
National Park System in which they are located and that are
consistent to the highest practicable degree with the
preservation and conservation of the units.

SEC. 403. AWARD OF CONCESSION CONTRACTS.

In furtherance of the findings and policy stated in section
402, and, except as provided by this title or otherwise
authorized by law, the Secretary shall utilize concession
contracts to authorize private entities to provide
accommodations, facilities and services to visitors to areas
of the National Park system. Such concession contracts shall
be awarded as follows:
(a) Competitive Selection Process.--Except as otherwise
provided in this section, all proposed concession contracts
shall be awarded by the Secretary to the person, corporation,
or other entity submitting the best proposal as determined by
the Secretary through a competitive selection process. Such
competitive process shall include simplified procedures for
small, individually-owned, concession contracts.
(b) Solicitation of Proposals.--Except as otherwise
provided in this section, prior to awarding a new concession
contract (including renewals or extensions of existing
concession contracts) the Secretary shall publicly solicit
proposals for the concession contract and, in connection with
such solicitation, the Secretary shall prepare a prospectus
and shall publish notice of its availability at least once in
local or national newspapers or trade publications, and/or
the Commerce Business Daily, as appropriate, and shall make
the prospectus available upon request to all interested
parties.
(c) Prospectus.--The prospectus shall include, but need not
be limited to, the following information:
(1) the minimum requirements for such contract as set forth
in subsection (d);
(2) the terms and conditions of any existing concession
contract relating to the services and facilities to be
provided, including all fees and other forms of compensation
provided to the United States by the concessioner;
(3) other authorized facilities or services which may be
provided in a proposal;
(4) facilities and services to be provided by the Secretary
to the concessioner, if any, including, but not limited to,
public access, utilities, and buildings;
(5) an estimate of the amount of compensation, if any, due
an existing concessioner from a new concessioner under the
terms of a prior concession contract;
(6) a statement as to the weight to be given to each
selection factor identified in the prospectus and the
relative importance of such factors in the selection process;
(7) such other information related to the proposed
concession operation as is provided to the Secretary pursuant
to a concession contract or is otherwise available to the
Secretary, as the Secretary determines is necessary to allow
for the submission of competitive proposals; and
(8) where applicable, a description of a preferential right
to the award of the proposed concession contract held by an
existing concessioner as set forth in subsection (g).
(d) Minimum Requirements.--
(1) No proposal shall be considered which fails to meet the
minimum requirements as determined by the Secretary. Such
minimum requirements shall include, but need not be limited
to--
(A) the minimum acceptable franchise fee or other forms of
consideration to the government;
(B) any facilities, services, or capital investment
required to be provided by the concessioner; and
(C) measures necessary to ensure the protection and
preservation of park resources.
(2) The Secretary shall reject any proposal, regardless of
the franchise fee offered, if the Secretary determines that
the person, corporation or entity is not qualified, is not
likely to provide satisfactory service, or that the proposal
is not responsive to the objectives of protecting and
preserving park resources and of providing necessary and
appropriate facilities and services to the public at
reasonable rates.
(3) If all proposals submitted to the Secretary either fail
to meet the minimum requirements or are rejected by the
Secretary, the Secretary shall establish new minimum contract
requirements and re-initiate the competitive selection
process pursuant to this section.
(4) The Secretary may not execute a concession contract
which materially amends or does not incorporate the proposed
terms and conditions of the concession contract as set forth
in the applicable prospectus. If proposed material amendments
or changes are considered appropriate by the Secretary, the
Secretary shall resolicit offers for the concession contract
incorporating such material amendments or changes.
(e) Selection of the Best Proposal.--
(1) In selecting the best proposal, the Secretary shall
consider the following principal factors:
(A) The responsiveness of the proposal to the objectives of
protecting and preserving park resources and values and of
providing necessary and appropriate facilities and services
to the public at reasonable rates.
(B) The experience and related background of the person,
corporation, or entity submitting the proposal, including but
not limited to, the past performance and expertise of such
person, corporation or entity in providing the same or
similar facilities or services.

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(C) The financial capability of the person, corporation or
entity submitting the proposal.
(D) The proposed franchise fee: Provided, That
consideration of revenue to the United States shall be
subordinate to the objectives of protecting and preserving
park resources and of providing necessary and appropriate
facilities to the public at reasonable rates.
(2) The Secretary may also consider such secondary factors
as the Secretary deems appropriate.
(3) In developing regulations to implement this title, the
Secretary shall consider the extent to which plans for
employment of Indians (including Native Alaskans) and
involvement of business owned by Indians, Indian tribes, or
Native Alaskans in the operation of a concession contracts
should be identified as a factor in the selection of a best
proposal under this section.
(f) Congressional Notification.--The Secretary shall submit
any proposed concession contract with anticipated annual
gross receipts in excess of $5,000,000 or a duration of ten
years or more 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 award any such proposed contract until at
least 60 days subsequent to the notification of both
committees.
(g) Preferential Right of Renewal.--
(1) Except as provided in paragraph (2), the Secretary
shall not grant a concessioner a preferential right to renew
a concession contract, or any other form of preference to a
concession contract.
(2) The Secretary shall grant a preferential right of
renewal to an existing concessioner with respect to proposed
renewals of the categories of concession contracts described
by subsection (h), subject to the requirements of that
subsection.
(3) As used in this title, the term ``preferential right of
renewal'' means that the Secretary, subject to a
determination by the Secretary that the facilities or
services authorized by a prior contract continue to be
necessary and appropriate within the meaning of section 402
of this title, shall allow a concessioner qualifying for a
preferential right of renewal the opportunity to match the
terms and conditions of any competing proposal which the
Secretary determines to be the best proposal for a proposed
new concession contract which authorizes the continuation
of the facilities and services provided by the
concessioner under its prior contract.
(4) A concessioner which successfully exercises a
preferential right of renewal in accordance with the
requirements of this title shall be entitled to award of the
proposed new concession contract to which such preference
applies.
(h) Outfitter and Guide Services and Small Contracts.--The
provisions of subsection (g) shall apply only to concession
contracts authorizing outfitter and guide services and
concession contracts with anticipated annual gross receipts
under $500,000 as further described below and which otherwise
qualify as follows:
(1) Outfitting and Guide Contracts.--For the purposes of
this title, an ``outfitting and guide concession contract''
means a concession contract which solely authorizes the
provision of specialized backcountry outdoor recreation guide
services which require the employment of specially trained
and experienced guides to accompany park visitors in the
backcountry so as to provide a safe and enjoyable experience
for visitors who otherwise may not have the skills and
equipment to engage in such activity. Outfitting and guide
concessioners, where otherwise qualified, include, but are
not limited to, concessioners which provide guided river
running, hunting, fishing, horseback, camping, and
mountaineering experiences. An outfitting and guide
concessioner is entitled to a preferential right of renewal
under this title only if--
(A) the contract the outfitting and guide concessioner
holds does not grant the concessioner any interest,
including, but not limited to, any leasehold surrender
interest or possessory interest, in capital improvements on
lands owned by the United States within a unit of the
National Park System: Provided, That this limitation shall
not apply to capital improvements constructed by a
concessioner pursuant to the terms of a concession contract
prior to the effective date of this title; and
(B) the Secretary determines that the concessioner has
operated satisfactorily during the term of the contract
(including any extension thereof); and
(C) the concessioner has submitted a responsive proposal
for a proposed new contract which satisfies the minimum
requirements established by the Secretary pursuant to
subsection (d).
(2) Contracts with anticipated annual gross receipts under
$500,000.--A concessioner which holds a concession contract
where the Secretary has estimated that its renewal will
result in gross annual receipts of less than $500,000 shall
be entitled to a preferential right of renewal under this
title if--
(A) the Secretary has determined that the concessioner has
operated satisfactorily during the term of the contract
(including any extension thereof); and
(B) the concessioner has submitted a responsive proposal
for a proposed new concession contract which satisfies the
minimum requirements established by the Secretary pursuant to
subsection (d).
(i) New or Additional Services.--The Secretary shall not
grant a preferential right to a concessioner to provide new
or additional services in a park.
(j) Secretarial Authority.--Nothing in this title shall be
construed as limiting the authority of the Secretary to
determine whether to issue a concession contract or to
establish its terms and conditions in furtherance of the
policies expressed in this title.
(k) Exceptions.--Notwithstanding the provisions of this
section, the Secretary may award, without public
solicitation--
(1) a temporary concession contract or extend an existing
concession contract for a term not to exceed three years in
order to avoid interruption of services to the public at a
park, except that prior to making such an award, the
Secretary shall take all reasonable and appropriate steps to
consider alternatives to avoid such interruption; and
(2) a concession contract in extraordinary circumstances
where compelling and equitable considerations require the
award of a concession contract to a particular party in the
public interest. Such award of a concession contract shall
not be made by the Secretary until at least thirty days after
publication in the ``Federal Register'' of notice of the
Secretary's intention to do so and the reasons for such
action, and notice 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. 404. TERM OF CONCESSION CONTRACTS.

A concession contract entered into pursuant to this title
shall be awarded for a term not to exceed ten years:
Provided, That the Secretary may award a contract for a term
of up to twenty years if the Secretary determines that the
contract terms and conditions, including the required
construction of capital improvements, warrant a longer term.

SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT.

(a) Leasehold Surrender Interest Under New Concession
Contracts.--
(1) On or after the date of enactment of this title, a
concessioner which constructs a capital improvement upon land
owned by the United States within a unit of the National Park
System pursuant to a concession contract, shall have a
leasehold surrender interest in such capital improvement
subject to the following terms and conditions:
(A) A concessioner shall have a property right in each
capital improvement constructed by a concessioner under a
concession contract, consisting solely of a right to
compensation for the capital improvement to the extent of the
value of the concessioner's leasehold surrender interest in
the capital improvement.
(B) A leasehold surrender interest--
(i) may be pledged as security for financing of a capital
improvement or the acquisition of a concession contract when
approved by the Secretary pursuant to this title;
(ii) shall be transferred by the concessioner in connection
with any transfer of the concession contract and may be
relinquished or waived by the concessioner; and
(iii) shall not be extinguished by the expiration or other
termination of a concession contract and may not be taken for
public use except on payment of just compensation.
(C) The value of a leasehold surrender interest in a
capital improvement shall be an amount equal to the initial
value (construction cost of the capital improvement),
increased (or decreased) in the same percentage increase (or
decrease) as the percentage increase (or decrease) in the
Consumer Price Index, from the date of making the investment
in the capital improvement by the concessioner to the date of
payment of the value of the leasehold surrender interest,
less depreciation of the capital improvement as evidenced by
the condition and prospective serviceability in comparison
with a new unit of like kind.
(D) Where a concessioner, pursuant to the terms of a
concession contract, makes a capital improvement to an
existing capital improvement in which the concessioner has a
leasehold surrender interest, the cost of such additional
capital improvement shall be added to the then current value
of the concessioner's leasehold surrender interest.
(E) For purposes of this section, the term--
(i) ``Consumer Price Index'' means the ``Consumer Price
Index--All Urban Consumers'' published by the Bureau of Labor
Statistics of the Department of Labor, unless such index is
not published, in which case another regularly published
cost-of-living index approximating the Consumer Price Index
shall be utilized by the Secretary; and
(ii) ``capital improvement'' means a structure, fixture, or
non-removable equipment provided by a concessioner pursuant
to the terms of a concession contract and located on lands of
the United States within a unit of the National Park System.
(b) Special Rule for Existing Possessory Interest.--
(1) A concessioner which has obtained a possessory interest
as defined in Public Law 89-249 under the terms of a
concession contract entered into prior to the date of
enactment of this title shall, upon the expiration or
termination of such contract, be entitled to receive
compensation for such possessory interest improvements in the
amount and manner as described by such concession contract.
(2) In the event such prior concessioner is awarded a new
concession contract after the effective date of this title
replacing an existing concession contract, the existing
concessioner shall, instead of directly receiving such
possessory interest compensation, have a leasehold surrender
interest in its existing possessory interest improvements
under the terms of the new contract and shall carry over as
the initial value of such leasehold surrender interest
(instead of construction cost) an amount equal to the value
of the existing possessory interest as of the termination
date of the previous contract. In the event of a dispute
between the concessioner and the Secretary as to the value of
such possessory interest, the matter shall be resolved
through binding arbitration.
(3) In the event that a new concessioner is awarded a
concession contract and is required to pay a prior
concessioner for possessory interest in prior improvements,
the new concessioner

[[Page S6265]]

shall have a leasehold surrender interest in such prior
improvements and the initial value in such leasehold
surrender interest (instead of construction cost), shall be
an amount equal to the value of the existing possessory
interest as of the termination date of the previous contract.
(c) Transition to Successor Concessioner.--Upon expiration
or termination of a concession contract entered into after
the effective date of this title, a concessioner shall be
entitled under the terms of the concession contract to
receive from the United States or a successor concessioner
the value of any leasehold surrender interest in a capital
improvement as of the date of such expiration or termination.
A successor concessioner shall have a leasehold surrender
interest in such capital improvement under the terms of a new
contract and the initial value of the leasehold surrender
interest in such capital improvement (instead of construction
cost) shall be the amount of money the new concessioner is
required to pay the prior concessioner for its leasehold
surrender interest under the terms of the prior concession
contract.
(d) Title to Improvements.--Title to any capital
improvement constructed by a concessioner on lands owned by
the United States in a unit of the National Park System shall
be in the United States.

SEC. 406. REASONABLENESS OF RATES.

The reasonableness of a concessioner's rates and charges to
the public, unless otherwise provided in the contract, shall
be judged 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, peakloads, average percentage of occupancy,
accessibility, availability and costs of labor and materials,
type of patronage, and other factors deemed significant by
the Secretary. A concessioner's rates and charges to the
public shall be subject to approval by the Secretary pursuant
to the terms of the concesssion contract. The approval
process utilized by the Secretary shall be as prompt and
unburdensome to the concessioner as possible and shall rely
on market forces to establish reasonableness of rates and
charges to the maximum extent practicable.

SEC. 407. FRANCHISE FEES.

(a) In General.--A concession contract shall provide for
payment to the government of a franchise fee or such other
monetary consideration as determined by the Secretary, upon
consideration of the probable value to the concessioner of
the privileges granted by the particular contract involved.
Such probable value is a reasonable opportunity for net
profit in relation to capital invested and the obligations of
the contract. Consideration of revenue to the United States
shall be subordinate to the objectives of protecting and
preserving park areas and of providing adequate and
appropriate services for visitors at reasonable rates.
(b) Amount of Franchise Fee.--The amount of the franchise
fee or other monetary consideration paid to the United States
for the term of the concession contract shall be specified in
the concession contract and may only be modified to reflect
substantial, unanticipated changes from the conditions
anticipated as of the effective date of the contract. The
Secretary shall include in concession contracts with a term
of more than five years a provision which allows
reconsideration of the franchise fee at the request of the
Secretary or the concessioner in the event of such
substantial, unanticipated changes. Such provision shall
provide for binding arbitration in the event that the
Secretary and the concessioner are unable to agree upon an
adjustment to the franchise fee in these circumstances.
(c) Special Account.--All franchise fees (and other
monetary consideration) paid to the United States pursuant to
a concession contract shall be covered into a special account
established in the Treasury of the United States. The funds
contained in such special account shall be available for
expenditure by the Secretary, subject to appropriation, until
expended for use in accordance with subsection (d).
(d) Use of Franchise Fees.--Funds contained in the special
account shall be transferred to a subaccount and shall be
allocated to each applicable unit of the National Park
System, based on the proportion that the amount of concession
contract fees collected from the unit during the fiscal year
bears to the total amount of concession contract fees
collected from all units of the National Park System during
the fiscal year, to fund high-priority resource management
and visitor services programs and operations.

SEC. 408. TRANSFER OF CONCESSION CONTRACTS.

(a) Approval of the Secretary.--No concession contract or
leasehold surrender interest may be transferred, assigned,
sold, or otherwise conveyed or pledged by a concessioner
without prior written notification to, and approval of the
Secretary.
(b) Conditions.--The Secretary shall not unreasonably
withhold approval of such a conveyance or pledge, and shall
approve such conveyance or pledge if the Secretary in his
discretion determines that--
(1) the individual, corporation or entity seeking to
acquire a concession contract is qualified to be able to
satisfy the terms and conditions of the concession contract;
(2) such conveyance or pledge is consistent with the
objectives of protecting and preserving park resources and of
providing necessary and appropriate facilities and services
to visitors at reasonable rates and charges; and
(3) the terms of such conveyance or pledge are not likely,
directly or indirectly, to: reduce the concessioner's
opportunity for a reasonable profit over the remaining term
of the contract; adversely affect the quality of facilities
and services provided by the concessioner; or result in a
need for increased rates and charges to the public to
maintain the quality of such facilities and services.

SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
ADVISORY BOARD.

(a) Establishment.--There is hereby established a National
Park Service Concessions Management Advisory Board
(hereinafter in this title referred to as the ``Advisory
Board'') whose purpose shall be to advise the Secretary and
National Park Service on matters relating to management of
concessions in areas of the National Park System. Among other
matters, the Advisory Board shall advise on policies and
procedures intended to assure that services and facilities
provided by concessioners meet acceptable standards at
reasonable rates with a minimum of impact on park resources
and values, and provide the concessioners with a reasonable
opportunity to make a profit. The Advisory Board shall also
advise on ways to make National Park Service concession
programs and procedures more cost effective, efficient, and
less burdensome, including, but not limited to, providing
recommendations regarding National Park Service contracting
with the private sector to conduct appropriate elements of
concessions management and providing recommendations to make
more efficient and less burdensome the approval of
concessioner rates and charges to the public. In addition,
the Advisory Board shall make recommendations to the
Secretary regarding the nature and scope of products which
qualify as Indian, Alaska Native, and Native Hawaiian
handicrafts within this meaning of this title. The Advisory
Board, commencing with the first anniversary of its initial
meeting, shall provide an annual report on its activities 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.
(b) Advisory Board Membership.--Members of the Advisory
Board shall be appointed on a staggered basis by the
Secretary for a term not to exceed four years and shall serve
at the pleasure of the Secretary. The Advisory Board shall be
comprised of not more than seven individuals appointed from
among citizens of the United States not in the employment of
the Federal government and not in the employment of or having
an interest in a National Park Service concession. Of the
seven members of the Advisory Board--
(1) one shall be privately employed in the hospitality
industry,
(2) one shall be privately employed in the tourism
industry,
(3) one shall be privately employed in the accounting
industry,
(4) one shall be privately employed in the outfitting and
guide industry,
(5) one shall be a State government employee with expertise
in park concession management,
(6) one shall be active in promotion of traditional arts
and crafts, and
(7) one shall be active in a non-profit conservation
organization involved in the programs of the National Park
Service.
(c) Termination.--The Advisory Board shall continue to
exist until December 31, 2008. In all other respects, it
shall be subject to the provisions of the Federal Advisory
Committee Act.
(d) Service on Advisory Board.--Service of an individual as
a member of the Advisory 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 Advisory Board shall not be considered service in
an appointive or elective position in the Government for
purposes of section 8344 of Title 5 of the United States
Code, or other comparable provisions of Federal law.

SEC. 410. CONTRACTING FOR SERVICES.

To the maximum extent practicable, the Secretary shall
contract with private entities to conduct the following
elements of the management of the National Park Service
concession program suitable for non-federal fulfillment:
health and safety inspections, quality control of concession
operations and facilities, analysis of rates and charges to
the public, and financial analysis: Provided, That nothing in
this section shall diminish the governmental responsibilities
and authority of the Secretary to administer concession
contracts and activities pursuant to this title and the Act
of August 25, 1916 (39 Stat. 535), as amended, (16 U.S.C. 1,
2-4). The Secretary shall also consider, taking into account
the recommendations of the National Park Service Concessions
Management Advisory Board, contracting out other elements of
the concession management program, as appropriate.

SEC. 411. USE OF NON-MONETARY CONSIDERATION IN CONCESSION
CONTRACTS.

The provisions of section 321 of the Act of June 30, 1932
(47 Stat. 412; 40 U.S.C. 303b), relating to the leasing of
buildings and properties of the United States, shall not
apply to contracts awarded by the Secretary pursuant to this
title.

SEC. 412. RECORDKEEPING REQUIREMENTS.

(a) In General.--Each concessioner shall keep such records
as the Secretary may prescribe to enable the Secretary to
determine that all terms of the concession contract have been
and are being faithfully performed, and the Secretary and his
duly authorized representatives shall, for the purpose of
audit and examination, have access to said records and to
other books, documents, and papers of the concessioner
pertinent to the contract and all terms and conditions
thereof.
(b) Access to Records.--The Comptroller General of the
United States or any of his duly authorized representatives
shall, until the expiration of five calendar years after the
close of

[[Page S6266]]

the business year of each concessioner or subconcessioner
have access to and the right to examine any pertinent books,
papers, documents and records of the concessioner or
subconcessioner related to the contract or contracts
involved.

SEC. 413. REPEAL OF CONCESSION POLICY ACT OF 1965.

(a) Repeal.--The Act of October 9, 1965, Public Law 89-249
(79 Stat. 969, 16 U.S.C. 20-20g), is hereby repealed. The
repeal of such Act shall not affect the validity of any
concession contract or permit entered into under such Act,
but the provisions of this title shall apply to any such
contract or permit except to the extent such provisions are
inconsistent with the express terms and conditions of any
such contract or permit. References in this title to
concession contracts awarded under authority of Public Law
89-249 also apply to concession permits awarded under such
authority.
(b) Exception for Pending Contract Solicitations.--
Notwithstanding such repeal, the Secretary may award
concession contracts under the terms of Public Law 89-249 for
concession contract solicitations for which, as of August 1,
1998, a formal prospectus was issued by the Secretary
pursuant to the requirements of 36 C.F.R. Part 51.
(c) Conforming Amendment.--The fourth sentence of section 3
of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 3) is
amended by striking all through ``no natural'' and inserting
in lieu thereof, ``No natural,'' and, the last proviso of
such sentence is stricken in its entirety.
(d) ANILCA.--Nothing in this title amends, supersedes, or
otherwise affects any provision of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.)
relating to revenue-producing visitor services.

SEC. 414. PROMOTION OF THE SALE OF INDIAN, ALASKA NATIVE, AND
NATIVE HAWAIIAN HANDICRAFTS.

(a) In General.--Promoting the sale of United States
authentic Indian, Alaskan Native and Native Hawaiian
handicrafts relating to the cultural, historical, and
geographic characteristics of units of the National Park
System is encouraged, and the Secretary shall ensure that
there is a continuing effort to enhance the handicraft trade
where it exists and establish the trade where it currently
does not exist.
(b) Exemption From Franchise Fee.--In furtherance of these
purposes, the revenue derived from the sale of United States
Indian, Alaska Native, and Native Hawaiian handicrafts shall
be exempt from any franchise fee payments under this title.

SEC. 415. REGULATIONS.

As soon as practicable after the effective date of this
title, the Secretary shall promulgate regulations appropriate
for its implementation. Among other matters, such regulations
shall include appropriate provisions to ensure that
concession services and facilities to be provided in an area
of the National Park System are not segmented or otherwise
split into separate concession contracts for the purposes of
seeking to reduce anticipated annual gross receipts of a
concession contract below $500,000. The Secretary shall also
promulgate regulations which further define the term ``United
States Indian, Alaskan Native, and Native Hawaiian
handicrafts'' for the purposes of this title.

SEC. 416. COMMERCIAL USE AUTHORIZATIONS.

(a) In General.--To the extent specified in this section,
the Secretary, upon request, may authorize a private person,
corporation, or other entity to provide services to
visitors to units of the National Park System through a
commercial use authorization. Such authorizations shall
not be considered as concession contracts pursuant to this
title nor shall other sections of this title be applicable
to such authorizations except where expressly so stated.
(b) Criteria for Issuance of Authorizations.--
(1) The authority of this section may be used only to
authorize provision of services that the Secretary determines
will have minimal impact on park resources and values and
which are consistent with the purposes for which the park
unit was established and with all applicable management plans
and park policies and regulations.
(2) The Secretary shall--
(A) require payment of a reasonable fee for issuance of an
authorization under this section, such fees to remain
available without further appropriation to be used, at a
minimum, to recover associated management and administrative
costs;
(B) require that the provision of services under such an
authorization be accomplished in a manner consistent to the
highest practicable degree with the preservation and
conservation of park resources and values;
(C) take appropriate steps to limit the liability of the
United States arising from the provision of services under
such an authorization; and
(D) have no authority under this section to issue more
authorizations than are consistent with the preservation and
proper management of park resources and values, and shall
establish such other conditions for issuance of such an
authorization as the Secretary determines appropriate for the
protection of visitors, provision of adequate and appropriate
visitor services, and protection and proper management of the
resources and values of the park.
(c) Limitations.--Any authorization issued under this
section shall be limited to:
(1) commercial operations with annual gross receipts of not
more than $25,000 resulting from services originating and
provided solely within a park pursuant to such authorization;
(2) the incidental use of park resources by commercial
operations which provide services originating and terminating
outside of the park's boundaries: provided that such
authorization shall not provide for the construction of any
structure, fixture, or improvement on federally-owned lands
within the boundaries of the park.
(d) Duration.--The term of any authorization issued under
this section shall not exceed two years. No preferential
right of renewal or similar provisions for renewal shall be
granted by the Secretary.
(e) Other Contracts.--A person, corporation, or other
entity seeking or obtaining an authorization pursuant to this
section shall not be precluded from also submitting proposals
for concession contracts.

TITLE V--FEE AUTHORITIES

SEC. 501. EXTENSION OF THE RECREATIONAL FEE DEMONSTRATION
PROGRAM.

(a) Authority.--The authority provided to the National Park
Service under the Recreational Fee Demonstration Program
authorized by section 315 of Public Law 104-134 (16 U.S.C.
460l-6a note)--
(1) is extended through September 30, 2005; and
(2) shall be available for all units of the National Park
System, and for system-wide fee programs.
(b) Report.--(1) Not later than September 30, 2000, 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
report detailing the status of the recreational fee
demonstration program conducted in units of the National Park
System under section 315 of Public Law 104-134 (16 U.S.C.
460l-6a note).
(2) The report under paragraph (1) shall contain--
(A) an evaluation of the fee demonstration program
conducted at each unit of the National Park System;
(B) with respect to each unit of the National Park System
where a fee is charged under the authority of the
Recreational Fee Demonstration Program (16 U.S.C. 460l-6a
note), a description of the criteria that were used to
determine whether a recreational fee should or should not be
charged at such park; and
(C) a description of the manner in which the amount of the
fee at each national park was established.
(c) Notice.--At least twelve months notice shall be given
to the public prior to the increase or establishment of any
fee in units of the National Park System.

SEC. 502. COMMERCIAL FILMING ACTIVITIES.

(a) Commercial Filming.--The Secretary shall require a
permit and shall establish a reasonable fee for commercial
filming activities in units of the National Park System. Such
fee shall provide a fair return to the United States and
shall be based upon the following criteria, in addition to
such other factors as the Secretary deems necessary: the
number of days the filming takes place within a park unit,
the size of the film crew, the amount and type of equipment
present, and any potential impact on park resources. The
Secretary is also directed to recover any costs incurred as a
result of filming activities, including but not limited to
administration and personnel costs. All costs recovered are
in addition to the assessed fee.
(b) Still Photography.--(1) Except as provided in paragraph
(2), the Secretary shall not require a permit or assess a fee
for commercial or non-commercial still photography of sites
or resources in units of the National Park System in any part
of a park where members of the public are generally allowed.
In other locations, the Secretary may require a permit, fee,
or both, if the Secretary determines that there is a
likelihood of resource impact, disruption of the public's use
and enjoyment of the park, or if the activity poses health or
safety risks.
(2) The Secretary shall require the issuance of a permit
and the payment of a reasonable fee for still photography
that utilizes models or props which are not a part of a
park's natural or cultural features or administrative
facilities.
(c) Proceeds.--(1) Fees collected within units of the
National Park System under this section shall be deposited in
a special account in the Treasury of the United States and
shall be available to the Secretary, without further
appropriation for high-priority visitor service or resource
management projects and programs for the unit of the National
Park System in which the fee is collected.
(2) All costs recovered under this section shall be
retained by the Secretary and shall remain available for
expenditure in the park where collected, without further
appropriation.

SEC. 503. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES.

Not later than six months after the date of enactment of
this title, the Secretary and the Secretary of Agriculture
shall enter into an agreement providing for an apportionment
among each agency of all proceeds derived from the sale of
Golden Eagle Passports by private vendors. Such proceeds
shall be apportioned to each agency on the basis of the ratio
of each agency's total revenue from admission fees collected
during the previous fiscal year to the sum of all revenue
from admission fees collected during the previous fiscal year
for all agencies participating in the Golden Eagle Passport
Program.

TITLE VI--NATIONAL PARK PASSPORT PROGRAM

SEC. 601. PURPOSES.

The purposes of this title are--
(1) to develop a national park passport that includes a
collectible stamp to be used for admission to units of the
National Park System; and
(2) to generate revenue for support of the National Park
System.

SEC. 602. NATIONAL PARK PASSPORT PROGRAM.

(a) Program.--The Secretary shall establish a national park
passport program. A national

[[Page S6267]]

park passport shall include a collectible stamp providing the
holder admission to all units of the National Park System.
(b) Effective Period.--A national park passport stamp shall
be effective for a period of 12 months from the date of
purchase.
(c) Transferability.--A national park passport and stamp
shall not be transferable.

SEC. 603. ADMINISTRATION.

(a) Stamp Design Competition.--(1) The Secretary shall hold
an annual competition for the design of the collectible stamp
to be affixed to the national park passport.
(2) Each competition shall be open to the public and shall
be a means to educate the American people about the National
Park System.
(b) Sale of Passports and Stamps.--(1) National park
passports and stamps shall be sold through the National Park
Service and may be sold by private vendors on consignment in
accordance with guidelines established by the Secretary.
(B) A private vendor may be allowed to collect a commission
on each national park passport (including stamp) sold, as
determined by the Secretary.
(C) The Secretary may limit the number of private vendors
of national park passports (including stamps).
(c) Use of Proceeds.--
(1) The Secretary may use not more than ten percent of the
revenues derived from the sale of national park passports
(including stamps) to administer and promote the national
park passport program and the National Park System.
(2) Amounts collected from the sale of national park
passports shall be deposited in a special account in the
Treasury of the United States and shall remain available
until expended, without further appropriation, for high
priority visitor service or resource management projects
throughout the National Park System.
(d) Agreements.--The Secretary may enter into cooperative
agreements with the National Park Foundation and other
interested parties to provide for the development and
implementation of the national park passport program and the
Secretary shall take such actions as are appropriate to
actively market national park passports and stamps.
(e) Fee.--The fee for a national park passport and stamp
shall be $50.

SEC. 604. INTERNATIONAL PARK PASSPORT PROGRAM.

(a) In General.--The Secretary shall establish an
international park passport program in accordance with the
other provisions of this title except as provided in this
section.
(b) Availability.--An international park passport and stamp
shall be made available exclusively to foreign visitors to
the United States.
(c) Sale.--International park passports and stamps shall be
available for sale exclusively outside the United States
through commercial tourism channels and consulates or other
offices of the United States.
(d) Fee.--International park passports and stamps shall be
sold for a fee that is $10.00 less than the fee for a
national park passport and stamp, but not less than $40.00.
(e) Form.--An international park passport and stamp shall
be produced in a form that provides useful information to the
international visitor and serves as a souvenir of the visit.
(f) Effective Period.--An international park passport and
stamp shall be valid for a period of 45 days from the date of
purchase.
(g) Use of Proceeds.--Amounts collected from the sale of
international park passports and stamps shall be deposited in
the special account under section 603(c) and shall be
available as provided in section 603(c).
(h) Termination of Program.--The Secretary shall terminate
the international park passport program at the end of
calendar year 2003 unless at least 200,000 international park
passports and stamps are sold during that calendar year.

SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.

(a) Park Passport Not Required.--A national park passport
or international park passport shall not be required for--
(1) a single visit to a national park that charges a single
visit admission fee under section 4(a)(2) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)(2))
or the Recreational Fee Demonstration Program (16 U.S.C.
460l-6a note); or
(2) an individual who has obtained a Golden Age or Golden
Access Passport under paragraph (4) or (5) of section 4(a) of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-6a(a)).
(b) Golden Eagle Passports.--A Golden Eagle Passport issued
under section 4(a)(1)(A) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6a(a)(1)(A)) or
the Recreational Fee Demonstration Program (16 U.S.C.
460l-6a note) shall be honored for admission to each unit
of the National Park System.
(c) Access.--A national park passport and an international
park passport shall provide access to each unit of the
National Park System under the same conditions, rules, and
regulations as apply to access with a Golden Eagle Passport
as of the date of enactment of this title.
(d) Limitations.--A national park passport or international
park passport may not be used to obtain access to other
Federal recreation fee areas outside of the National Park
System.
(e) Exemptions and Fees.--A national park passport or
international park passport does not exempt the holder from
or provide the holder any discount on any recreation use fee
imposed under section 4(b) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6a(b)) or the Recreational
Fee Demonstration Program (16 U.S.C. 460l-6a note).

TITLE VII--NATIONAL PARK FOUNDATION SUPPORT

SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

The Act entitled ``An Act to establish the National Park
Foundation'', approved December 18, 1967 (16 U.S.C. 19 et
seq.) is amended by adding at the end thereof the following:

``SEC. 12. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

``(a) Establishment.--The Foundation shall design and
implement a comprehensive program to assist and promote
philanthropic programs of support at the individual national
park unit level.
``(b) Implementation.--The program under subsection (a)
shall be implemented to--
``(1) assist in the creation of local nonprofit support
organizations; and
``(2) provide support, national consistency, and
management-improving suggestions for local nonprofit support
organizations.
``(c) Program.--The program under subsection (a) shall
include the greatest number of national park units as is
practicable.
``(d) Requirements.--The program under subsection (a) shall
include, at a minimum--
``(1) a standard adaptable organizational design format to
establish and sustain responsible management of a local
nonprofit support organization for support of a national park
unit;
``(2) standard and legally tenable bylaws and recommended
money-handling procedures that can easily be adapted as
applied to individual national park units; and
``(3) a standard training curriculum to orient and expand
the operating expertise of personnel employed by local
nonprofit support organizations.
``(e) Annual Report.--The Foundation shall report the
progress of the program under subsection (a) in the annual
report of the Foundation.
``(f) Affiliations.--
``(1) Charter or corporate bylaws.--Nothing in this section
requires--
``(A) a nonprofit support organization or friends group in
existence on the date of enactment of this title to modify
current practices or to affiliate with the Foundation; or
``(B) a local nonprofit support organization, established
as a result of this section, to be bound through its charter
or corporate bylaws to be permanently affiliated with the
Foundation.
``(2) Establishment.--An affiliation with the Foundation
shall be established only at the discretion of the governing
board of a nonprofit organization.''.

TITLE VIII--MISCELLANEOUS PROVISIONS

SEC. 801. UNITED STATES PARK POLICE.

(a) Appointment of Task Force.--Not later than 60 days
after the date of enactment of this title, the Secretary
shall appoint a multidisciplinary task force to fully
evaluate the shortfalls, needs, and requirements of law
enforcement programs in the National Park Service, including
a separate analysis for the United States Park Police, which
shall include a review of facility repair, rehabilitation,
equipment, and communication needs.
(b) Submission of Report.--Not later than one year after
the date of enactment of this title, the Secretary shall
submit to the Committees on Energy and Natural Resources and
Appropriations of the United States Senate and the Committees
on Resources and Appropriations of the United States House of
Representatives a report that includes--
(1) the findings and recommendations of the task force;
(2) complete justifications for any recommendations made;
and
(3) a complete description of any adverse impacts that
would occur if any need identified in the report is not met.

SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS.

(a) In General.--Section 3 of Public Law 91-383 (16 U.S.C.
1a-2) is amended by adding at the end the following:
``(k) Leases.--
``(1) In general.--The Secretary may enter into a lease
with any person or governmental entity for the use of
buildings and associated property administered by the
Secretary as part of the National Park System.
``(2) Use.--Buildings and associated property leased under
paragraph (1)--
``(A) shall be used for an activity that is consistent with
the purposes established by law for the unit in which the
building is located;
``(B) shall not result in degradation of the purposes and
values of the unit; and
``(C) shall be compatible with National Park Service
programs.
``(3) Rental amounts.--
``(A) In general.--With respect to a lease under paragraph
(1)--
``(i) payment of fair market value rental shall be
required; and
``(ii) section 321 of the Act of June 30, 1932 (47 Stat.
412, chapter 314; 40 U.S.C. 303b) shall not apply.
``(B) Adjustment.--The Secretary may adjust the rental
amount as appropriate to take into account any amounts to be
expended by the lessee for preservation, maintenance,
restoration, improvement, or repair and related expenses.
``(C) Regulation.--The Secretary shall promulgate
regulations implementing this subsection that includes
provisions to encourage and facilitate competition in the
leasing process and provide for timely and adequate public
comment.
``(4) Special account.--
``(A) Deposits.--Rental payments under a lease under
paragraph (1) shall be deposited in a special account in the
Treasury of the United States.
``(B) Availability.--Amounts in the special account shall
be available until expended, without further appropriation,
for infrastructure

[[Page S6268]]

needs at units of the National Park System, including--
``(i) facility refurbishment;
``(ii) repair and replacement;
``(iii) infrastructure projects associated with park
resource protection; and
``(iv) direct maintenance of the leased buildings and
associated properties.
``(C) Accountability and results.--The Secretary shall
develop procedures for the use of the special account that
ensure accountability and demonstrated results consistent
with this Act.
``(l) Cooperative management agreements.--
``(1) In general.--Where a unit of the National Park System
is located adjacent to or near a State or local park area,
and cooperative management between the National Park Service
and a State or local government agency of a portion of either
park will allow for more effective and efficient management
of the parks, the Secretary is authorized to enter into an
agreement with a State or local government agency to provide
for the cooperative management of the Federal and State or
local park areas: Provided, That the Secretary may not
transfer administration responsibilities for any unit of the
National Park System.
``(2) Provision of goods and services.--Under a cooperative
management agreement, the Secretary may acquire from and
provide to a State or local government agency goods and
services to be used by the Secretary and the State or local
governmental agency in the cooperative management of land.
``(3) Assignment.--An assignment arranged by the Secretary
under section 3372 of title 5, United States Code, of a
Federal, State, or local employee for work in any Federal,
State, or local land or an extension of such an assignment
may be for any period of time determined by the Secretary and
the State or local agency to be mutually beneficial.''.
(b) Historic Lease Process Simplification.--The Secretary
is directed to simplify, to the maximum extent possible, the
leasing process for historic properties with the goal of
leasing available structures in a timely manner.

Amendment No. 2703

(Purpose: A technical amendment to the Committee amendment to comply
with requirements of the Budget Act)

Mr. THOMAS. Mr. President, I send an amendment to the desk on behalf
of Senators Murkowski and Bumpers and ask for its immediate
consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:

The Senator from Wyoming [Mr. Thomas], for Mr. Murkowski
and Mr. Bumpers, proposes an amendment numbered 2703.

Mr. THOMAS. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

On page 129 line 22 strike ``without appropriation'' and
insert the following: ``subject to appropriation.''

Mr. BUMPERS. Mr. President, I rise today in strong support of S.
1693, the ``Vision 2020 National Parks System Restoration Act.'' I want
to commend Senator Thomas, the bill's author, for his efforts in
bringing this bill to the floor. As the Chairman of the Subcommittee on
National Parks, Historic Preservation and Recreation, he has been
willing to compromise and work with all involved parties, including
Secretary Babbitt, Senator Bennett, and me in an effort to enact a
meaningful and comprehensive bill for our national parks. It has been a
pleasure to work with him on this important legislation and I look
forward its passage before I leave the Senate this year. I would also
like to particularly thank Senator Bennett, who has once again been
very helpful and constructive in developing a bill that can garner such
broad bipartisan support, as I believe this bill has.
Although this is a comprehensive bill that makes a number of positive
changes in the way national parks are managed, for me, the most
significant provisions are found in title IV--the National Park Service
Concessions Management Improvement Act.
Mr. President, for almost 19 years I have worked to reform the
concessions policies of the National Park Service to increase
competition, provide better services, and to ensure a better return for
the American public. Over the past two decades, we have held dozens of
hearings, and we've debated this issue in mark-ups and on the Senate
floor.
As you know, during the 103rd Congress Senator Bennett and I
sponsored a bill which passed the Senate by a vote of 90-9, and passed
in the House of Representatives with only minor changes by a vote of
368-30. Despite the overwhelming vote margins, we were unable to pass a
final bill before the Congress adjourned. Given the magnitude of those
votes, it is very frustrating to be here once again debating park
concession reform.
While I support passage of this bill and believe it will enhance the
Park Service's ability to better manage our National Park System, the
bill before us today is a real compromise between Senator Thomas and
myself. The bill--particularly the concession title--does not contain
all of the policy changes that I would like to see made. However,
passage of this bill will finally allow the Park Service to have
meaningful competition for park concession contracts.
Most importantly, the bill will repeal the 1965 Concession Policy
Act--a 30-year old anachronism--including its most anti-competitive
provision, the granting to incumbent concessioners of a preferential
right to renew their contract by simply matching the terms and
conditions of a superior offer.
Other important provisions in the concession reform title include:
maintaining existing statutory protections for outfitter and guide
contracts and small contracts with less than $500,000 in annual gross
revenue; a prohibition against giving any concessioner a preferential
right to provide new or additional services; and language linking the
value of facilities built by a concessioner to actual construction
costs, adjusted for inflation, rather than the ``sound value''
possessory interest allowed under current law.
While the concession title has been of particular interest to me, the
bill before us today includes several other titles which I believe will
greatly enhance the Park Service's management authorities. The bill
includes directives for the Park Service to improve career development
and training for its employees and to establish a strong scientific
research program in national parks. It codifies criteria for the Park
Service to use in evaluating areas proposed for addition to the
National Park System. It gives the Park Service much needed authority
to collect and retain fees for commercial filming activities in
national park units, and it extends the Recreational Fee Demonstration
Program for park fees for another six years. The bill also will allow
the Park Service to develop and market annual park admission passports
to increase public awareness about parks and to raise new revenues.
There are a few other titles included in the bill, but those are the
most significant provisions.
Mr. President, the concession reform provisions in this bill are a
great step forward for the National Park Service and the taxpayers. I
strongly support these and the other provisions in this legislation,
and I hope my colleagues will join me in helping to pass this bill.
Mr. THOMAS. Mr. President, I ask unanimous consent that the amendment
be considered read and agreed to, the committee substitute be agreed
to, the bill be considered read the third time and passed, the
amendment to the title be agreed to, the motion to reconsider be laid
upon the table, and any statements relating to the bill appear at this
point in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 2703) was agreed to.
The committee amendment, as amended, was agreed to.
The bill (S. 1693), as amended, was considered read the third time,
and passed.
(The text of the bill (S. 1693), as amended, will be printed in a
future edition of the Record.)
The title was amended so as to read:
``A bill to provide for improved management and increased
accountability for certain National Park Service programs, and for
other purposes.''
Mr. MURKOWSKI. Mr. President, today the Senate has just passed
landmark legislation which will serve to restore, reinvigorate and
rebuild our National Park System. S. 1693 addresses a wide variety of
Park Service operations from failing infrastructure to improve
management and accountability for park programs.
The Administration reports that it will take over $8 billion to bring
our park facilities, historic structures, roads and trails up to an
acceptable standard. Over the years while we have expanded the National
Park System with new units and new responsibilities we have deferred
maintenance and reduced funding in many important park programs. As a
result we now have

[[Page S6269]]

what can be best described as a National Park System that is worn-out
and broken--a System in need of attention. Quite frankly, Congress does
not have the available monies to address or devote to the problems
currently encountered by park managers, however meritorious they may
be.
During this Congress, Senator Thomas, Chairman of the Subcommittee on
National Parks, Historic Preservation and Recreation, has take a pro-
active approach to National Park Service reform. While conducting over
fifteen over-sight and legislative hearings on the problems confronting
the National Park System. He found that despite reports of $300,000
outhouses, the National Park Service and Congress have failed to deal
with the lack of personnel and fiscal resources desperately needed in
our parks. Unfortunately, the needs are not limited to a certain number
of parks or areas of the United States. The units of the National Park
System require a major face-lift from coast to coast, in my State of
Alaska, and parks on the islands of Hawaii and in American Samoa.
While the lack of fiscal resources can be addressed. Throwing money
to any government agency without accountability is in no one's
interest. In this regard the legislation requires the Secretary to
develop a comphensive training program for employees in all
professional careers, for the purpose of assuring that the work force
has available the best, up-to-date knowledge, skills and abilities with
which to manage, interpret and protect the resources of the National
Park system.
The Secretary is also directed to implement a clear plan for
management training and development to enable only those qualified to
move into positions of park superintendents and regional managers.
The legislation also addresses park budgets and accountability. Today
individual park budgets, if you can find one, are a haze of smoke and
mirrors. When this legislation is enacted into law each unit of the
System will prepare a budget and make it available to the public.
Mr. President, let me repeat, ``make available to the public'' a five
year strategic plan and an annual performance plan pursuant to a
published park budget on an individual park-by-park basis. There will
be accountability for the expenditure of all appropriated funds as well
as monies collected from enhanced fee collection programs. There will
no longer be management in the darkness. Light will be shed where no
light has shown before.
During the 105th Congress we found that decisions by park service
management are often not based on sound science, in fact, in many parks
throughout the country the Service knows very little about the natural
resources they are supposed to protect. This legislation directs the
Secretary to undertake a program in inventory and monitoring of
National Park System resources to establish baseline information and to
provide information on the long-term trends in the condition of
resources under his jurisdiction. In addition, the Secretary is
directed to establish a comprehensive network of college and university
based cooperative study units in order to complete the baseline
information inventory.
Mr. President, I mentioned earlier that one of the problems with the
Park System is that over the last 20 years we have more than doubled
the number of units in the System. There has never been a formal
procedure to consider new areas which might be eligible for inclusion
in the System, nor has any criteria been established by which a
potential park area would be evaluated. I direct your attention to
Title III of S. 1693 in which the legislation establishes procedures
and criteria for Congress and the National Park Service to consider
when studying potential new areas that may be added to the System.
Mr. President, Title IV of this legislation deals with concession
reform. After eight years of debate this very contentious issue has
been resolved. Both Senator Bumpers and Senator Thomas deserve a great
deal of credit to have turned this issue into a bi-partisan one.
Senator Bennett as well as Secretary Babbitt also deserve recognition
for their work and positive approach to working on the finer points of
the concessions legislation.
I have long been an advocate of granting an interest in property to
those in the private sector who invest in our park facilities such as
hotels, lodges, and restaurants. The private sector requires this
incentive or interest to borrow from a bank--collateral--to invest in
needed capital improvements. The advantage is that we can improve
visitor facilities with private sector dollars as opposed to taxpayer
dollars. However meritorious, possessory interest has been a large
sticking point in ever reaching resolution on concession reform.

As in any great bi-partisan compromise, no one got everything they
wanted. The concession folks lost their right of preference in renewal
but are allowed to maintain a form of possessory interest. We were able
to place private sector expertise into the concession management
program with an advisory committee made up of individuals in the
hospitality industry and the Secretary is directed to contract-out
certain concession management functions.
I firmly believe that this legislation will enhance concession
program management, increase competition among prospective concession
operators, improve the delivery of goods and services to park visitors,
improve facilities and increase revenues from concession franchise
fees.
Mr. President, the legislation extends the popular Recreational Fee
Demonstration Program from the year ending in 1999 to 2005 and extends
the fee collection authority to all 376 park areas. This should be a
valuable shot in the arm for increasing park operating funds.
For the first time since 1948 commercial film producers will pay a
fee for using these unique backdrops; our parks, for major motion
pictures and advertisement in addition to allowing the parks to recover
their direct costs such as security activities and permit processing.
In return the parks will do a better job in processing permits. As time
is money it is much easier on the film industry to hear the word ``no''
early on in the process rather than wait weeks to receive a decision.
Mr. President, the Park Service is directed by this legislation to
establish a National Passport Program based on the familiar and popular
Duck Stamp used by the Fish and Wildlife Service. The collectable stamp
and related competition and posters etc. should produce additional
revenues for major park projects. In addition to the National Passport
Program which will provide the user entrance into any one of the fee
areas an international passport will be sold overseas for use by
foreign visitors.
On another note we ask the National Park Foundation to share their
expertise with many of the park's friends groups to encourage expansion
of the volunteer ranks as well as to develop entrepreneurial programs
at the local level.
We have looked at the National Park System and found that many of our
parks are adjacent to state and county parks. There is no reason why
the NPS cannot share their personnel and resources with these local
agencies and vice-versa. In other words you don't need two snowploughs
when one could be shared. This legislation changes the law and provides
the Park Service with the authorization to enter into agreements with
other local agencies.
Our own United States Park Police are often the forgotten step-child
of the National Park Service. Their particular needs and requirements
are unknown even though we have asked for reports from the
Administration on a number of occasions. Within a year we have that
report so that Congress can act in an appropriate manner while
addressing the critical needs of the Park Police.
Mr. President, I thank the Members of the Committee on Energy and
Natural Resources who came together in a bi-partisan fashion and
reported the bill to the full Senate 20 to 0. The Senate can be proud,
for this legislation represents a new beginning for the National Park
System which will carry it into the next century, alive, vibrant and
serving the hundreds and millions of park visitors yet to come.
Perhaps, most important, our natural, cultural and historic resources
for which these parks have been set aside will be better protected and
managed for future generations.

[[Page S6270]]

I thank the Chair, and I thank my colleagues for their support on
this important legislation.
Mr. THOMAS. Mr. President, I want to thank the Senate for approving
S. 1693, the ``Vision 2020 National Parks Restoration Act.'' This is
the culmination of over two years of work and reflects a lifetime of
concern I have had about protecting our nation's parks. America's park
system needs attention and it needs our help soon. I believe this bill
will provide it.
When we began this effort more then a year ago I came to the floor
and challenged Senators to imagine for a moment an America without
national parks. How would we feel without Yosemite, Independence Hall,
or Grand Canyon protected for public enjoyment? How much of our
national identity reflected in these icons--the Statue of Liberty,
Yellowstone, or the National Capital Mall--would be lost? How much
would be missing without the rugged, adventurous American spirit
embodied in Glacier Park or Denali? That was the challenge. The U.S.
Senate has risen to answer that challenge by passing this bill today.
I'm profoundly proud of what we have accomplished. This effort has
been on behalf of the millions of park visitor that flock to the wide
open spaces or the rich historic sites. It's for taxpayers who expect
the very best return for their money. And it's for the future
generations of people, for whom we've worked hard, to preserve the very
best of our public land heritage.
I want to express my deep appreciate to the chairman of the Senate
Energy Committee, Chairman Murkowski, as well as Senator Bumpers and
Senator Bennett, who have labored long in this area of parks support,
and I thank them for all of their hard work in this legislation. The
compromise we developed in order to pass this measure is in the finest
tradition of the Senate. The negotiations were tough, and nobody got
everything they wanted in the bill. However, we have put together a
good piece of legislation that will make a positive and proactive
change to help our national parks.
I also want to recognize the hard work of the staff, particularly Dan
Naatz of my staff, and Jim O'Toole of the committee staff.
Over the last two years, we have spoken to dozens of groups
interested in preserving our parks. We have traveled across the country
and listened to the concerns of folks ranging from the motion picture
industry to natural resource experts. We have heard the suggestions as
well as the criticisms of our colleagues and worked to evaluate areas
where we could make positive improvements for our parks. Throughout all
of these meetings and hearings, one message came through loud and
clear--the value of national parks is one of the cultural constants for
Americans.
The Vision 2020 bill provides a systematic approach to addressing the
needs of the National Park Service. The restoration bill takes a broad
approach, with eight titles covering the compromise bill.
Mr. President, the Senate can be proud of passing this landmark piece
of legislation. As Americans, one of the finest legacies that we can
leave our children and grandchildren is the National Park System that
is healthy, vibrant and alive. We have an obligation to strengthen our
outstanding system of parks, the system that over 100 other nations
have modeled after ours.
Finally, I want to recognize the important contribution of the
Secretary of the Interior, Bruce Babbitt, in developing this compromise
bill. As folks know, the Secretary and I don't agree on all issues.
However, to his credit, the Secretary recognized the important work we
are doing and dedicated time and manpower of his agency to help. I
thank the Secretary for his help.
Today is a good day for our parks. It's a good day for the U.S.
Senate. Our commitment is to leave our children and grandchildren these
wild and historic places healthy and whole. Today we are one big step
forward toward achieving that worthwhile aspiration. I once again want
to thank the Senate for passing S. 1693 and urge the House of
Representatives to take up this bill as soon as possible.

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