[Congressional Record Volume 144, Number 145 (Tuesday, October 13, 1998)]
[House]
[Pages H10678-H10689]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL PARKS OMNIBUS MANAGEMENT ACT OF 1998
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 1693) to provide for improved management and increased
accountability for certain National Park Service programs, and for
other purposes, as amended.
The Clerk read as follows:
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Parks Omnibus Management Act of 1998''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
TITLE I--NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING, AND
MANAGEMENT
Sec. 101. Protection, interpretation, and research in the National Park
System.
Sec. 102. National Park Service employee training.
Sec. 103. Management development and training.
Sec. 104. Park budgets and accountability.
TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT
Sec. 201. Purposes.
Sec. 202. Research mandate.
Sec. 203. Cooperative agreements.
Sec. 204. Inventory and monitoring program.
Sec. 205. Availability for scientific study.
Sec. 206. Integration of study results into management decisions.
Sec. 207. Confidentiality of information.
TITLE III--STUDY REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Study of addition of new National Park System areas.
TITLE IV--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
Sec. 401. Short title.
Sec. 402. Congressional findings and statement of policy.
Sec. 403. Award of concessions contracts.
Sec. 404. Term of concessions contracts.
[[Page H10679]]
Sec. 405. Protection of concessioner investment.
Sec. 406. Reasonableness of rates.
Sec. 407. Franchise fees.
Sec. 408. Transfer of concessions contracts.
Sec. 409. National Park Service Concessions Management Advisory Board.
Sec. 410. Contracting for services.
Sec. 411. Multiple contracts within a park.
Sec. 412. Special rule for transportation contracting services.
Sec. 413. Use of nonmonetary consideration in concessions contracts.
Sec. 414. Recordkeeping requirements.
Sec. 415. Repeal of National Park Service Concessions Policy Act.
Sec. 416. Promotion of the sale of Indian, Alaska Native, Native
Samoan, and Native Hawaiian handicrafts.
Sec. 417. Regulations.
Sec. 418. Commercial use authorizations.
Sec. 419. Savings provision.
TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM
Sec. 501. Fees.
Sec. 502. Distribution of golden eagle passport sales.
TITLE VI--NATIONAL PARK PASSPORT PROGRAM
Sec. 601. Purposes.
Sec. 602. National Park passport program.
Sec. 603. Administration.
Sec. 604. Foreign sales of Golden Eagle Passports.
Sec. 605. Effect on other laws and programs.
TITLE VII--NATIONAL PARK FOUNDATION SUPPORT
Sec. 701. Promotion of local fundraising support.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. United States Park Police.
Sec. 802. Leases and cooperative management agreements.
SEC. 2. DEFINITION.
As used in this Act, the term ``Secretary'' means the
Secretary of the Interior, except as otherwise specifically
provided.
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.
Within 2 years after the enactment of this Act, 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
superintendent of a unit of the National Park System.
SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.
(a) Strategic and Performance Plans For Each Unit.--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 of
1993 (Public Law 103-62; 107 Stat. 285).
(b) Annual Budget For Each Unit.--As a part of the annual
performance plan for a unit of the National Park System
prepared pursuant to subsection (a), following receipt of the
appropriation for the unit from the Operations of the
National Park System account (but no later than January 1 of
each year), the superintendent of the unit shall develop and
make available to the public the budget for the current
fiscal year for that unit. 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 (commonly known as the National Park
Service Organic Act; 16 U.S.C. 1 et seq.); 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 threat to
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.
(d) Negotiations.--The Secretary may enter into
negotiations with the research community and private industry
for equitable, efficient benefits-sharing arrangements.
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 an action undertaken by the National Park Service
may cause a significant adverse effect on a park resource,
the administrative record shall reflect the manner in which
unit resource studies have been considered. The trend in the
condition of resources of the National Park System shall be a
significant factor in the annual performance evaluation of
each superintendent of a unit of the National Park System.
SEC. 207. CONFIDENTIALITY OF INFORMATION.
Information concerning the nature and specific location of
a National Park System resource which is endangered,
threatened, rare, or commercially valuable, of mineral or
paleontological objects within units of the National Park
System, or of objects of cultural patrimony within units 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 unit of the National Park System in which the
resource or object is located and would not create an
unreasonable risk of harm, theft, or destruction of the
resource or object, including individual organic or inorganic
specimens; and
(2) disclosure is consistent with other applicable laws
protecting the resource or object.
[[Page H10680]]
TITLE III--STUDY REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS
SEC. 301. SHORT TITLE.
This title may be cited as the ``National Park System New
Areas Studies Act''.
SEC. 302. PURPOSE.
It is the purpose of this title to reform the process by
which areas are considered for addition to the National Park
System.
SEC. 303. STUDY OF ADDITION OF NEW NATIONAL PARK SYSTEM
AREAS.
Section 8 of Public Law 91-383 (commonly known as the
National Park System General Authorities Act; 16 U.S.C. 1a-5)
is amended as follows:
(1) By inserting ``General Authority.--'' after ``(a)''.
(2) By striking the second through the sixth sentences of
subsection (a).
(3) By redesignating the last two sentences of subsection
(a) as subsection (f) and inserting in the first of such
sentences before the words ``For the purposes of carrying''
the following: ``(f) Authorization of Appropriations.--''.
(4) By inserting the following after subsection (a):
``(b) Studies of Areas for Potential Addition.--(1) At the
beginning of each calendar year, along with the annual budget
submission, the Secretary shall submit to the Committee on
Resources of the House of Representatives and to the
Committee on Energy and Natural Resources of the United
States Senate a list of areas recommended for study for
potential inclusion in the National Park System.
``(2) In developing the list to be submitted under this
subsection, the Secretary shall consider--
``(A) those areas that have the greatest potential to meet
the established criteria of national significance,
suitability, and feasibility;
``(B) themes, sites, and resources not already adequately
represented in the National Park System; and
``(C) public petition and Congressional resolutions.
``(3) No study of the potential of an area for inclusion in
the National Park System may be initiated after the date of
enactment of this subsection, except as provided by specific
authorization of an Act of Congress.
``(4) Nothing in this Act shall limit the authority of the
National Park Service to conduct preliminary resource
assessments, gather data on potential study areas, provide
technical and planning assistance, prepare or process
nominations for administrative designations, update previous
studies, or complete reconnaissance surveys of individual
areas requiring a total expenditure of less than $25,000.
``(5) Nothing in this section shall be construed to apply
to or to affect or alter the study of any river segment for
potential addition to the national wild and scenic rivers
system or to apply to or to affect or alter the study of any
trail for potential addition to the national trails system.
``(c) Report.--(1) The Secretary shall complete the study
for each area for potential inclusion in the National Park
System within 3 complete fiscal years following the date on
which funds are first made available for such purposes. Each
study under this section shall be prepared with appropriate
opportunity for public involvement, including at least one
public meeting in the vicinity of the area under study, and
after reasonable efforts to notify potentially affected
landowners and State and local governments.
``(2) In conducting the study, the Secretary shall consider
whether the area under study--
``(A) possesses nationally significant natural or cultural
resources and represents one of the most important examples
of a particular resource type in the country; and
``(B) is a suitable and feasible addition to the system.
``(3) Each study--
``(A) shall consider the following factors with regard to
the area being studied--
``(i) the rarity and integrity of the resources;
``(ii) the threats to those resources;
``(iii) similar resources are already protected in the
National Park System or in other public or private ownership;
``(iv) the public use potential;
``(v) the interpretive and educational potential;
``(vi) costs associated with acquisition, development and
operation;
``(vii) the socioeconomic impacts of any designation;
``(viii) the level of local and general public support, and
``(ix) whether the area is of appropriate configuration to
ensure long-term resource protection and visitor use;
``(B) shall consider whether direct National Park Service
management or alternative protection by other public agencies
or the private sector is appropriate for the area;
``(C) shall identify what alternative or combination of
alternatives would in the professional judgment of the
Director of the National Park Service be most effective and
efficient in protecting significant resources and providing
for public enjoyment; and
``(D) may include any other information which the Secretary
deems to be relevant.
``(4) Each study shall be completed in compliance with the
National Environmental Policy Act of 1969.
``(5) The letter transmitting each completed study to
Congress shall contain a recommendation regarding the
Secretary's preferred management option for the area.
``(d) New Area Study Office.--The Secretary shall designate
a single office to be assigned to prepare all new area
studies and to implement other functions of this section.
``(e) List of Areas.--At the beginning of each calendar
year, along with the annual budget submission, the Secretary
shall submit to the Committee on Resources of the House of
Representatives and to the Committee on Energy and Natural
Resources of the Senate a list of areas which have been
previously studied which contain primarily historical
resources, and a list of areas which have been previously
studied which contain primarily natural resources, in
numerical order of priority for addition to the National Park
System. In developing the lists, the Secretary should
consider threats to resource values, cost escalation factors,
and other factors listed in subsection (c) of this section.
The Secretary should only include on the lists areas for
which the supporting data is current and accurate.''.
(5) By adding at the end of subsection (f) (as designated
by paragraph (3) of this section) the following: ``For
carrying out subsections (b) through (d) there are authorized
to be appropriated $2,000,000 for each fiscal year.''.
TITLE IV--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Park Service
Concessions Management Improvement Act of 1998''.
SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--In furtherance of the Act of August 25, 1916
(commonly known as the National Park Service Organic Act; 16
U.S.C. 1 et seq.), which directs the Secretary to administer
units of the National Park System in accordance with the
fundamental purpose of conserving their scenery, wildlife,
and 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 and conservation of park resources and
values requires that such public accommodations, facilities,
and services as have to be provided within such units should
be provided only under carefully controlled safeguards
against unregulated and indiscriminate use, so that--
(1) visitation will not unduly impair these resources and
values; and
(2) development of public accommodations, facilities, and
services within such units can best be limited to locations
that are consistent to the highest practicable degree with
the preservation and conservation of the resources and values
of such units.
(b) Policy.--It is the policy of the Congress that the
development of public accommodations, facilities, and
services in units of the National Park System shall be
limited to those accommodations, facilities, and services
that--
(1) are necessary and appropriate for public use and
enjoyment of the unit of the National Park System in which
they are located; and
(2) are consistent to the highest practicable degree with
the preservation and conservation of the resources and values
of the unit.
SEC. 403. AWARD OF CONCESSIONS 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 concessions
contracts to authorize a person, corporation, or other entity
to provide accommodations, facilities, and services to
visitors to units of the National Park System. Such
concessions contracts shall be awarded as follows:
(1) Competitive selection process.--Except as otherwise
provided in this section, all proposed concessions 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, concessions contracts.
(2) Solicitation of proposals.--Except as otherwise
provided in this section, prior to awarding a new concessions
contract (including renewals or extensions of existing
concessions contracts) the Secretary shall publicly solicit
proposals for the concessions 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.
(3) Prospectus.--The prospectus shall include the following
information:
(A) The minimum requirements for such contract as set forth
in paragraph (4).
(B) The terms and conditions of any existing concessions
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.
(C) Other authorized facilities or services which may be
provided in a proposal.
(D) Facilities and services to be provided by the Secretary
to the concessioner, if any, including public access,
utilities, and buildings.
(E) An estimate of the amount of compensation, if any, due
an existing concessioner from a new concessioner under the
terms of a prior concessions contract.
[[Page H10681]]
(F) 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.
(G) Such other information related to the proposed
concessions operation as is provided to the Secretary
pursuant to a concessions contract or is otherwise available
to the Secretary, as the Secretary determines is necessary to
allow for the submission of competitive proposals.
(H) Where applicable, a description of a preferential right
to the renewal of the proposed concessions contract held by
an existing concessioner as set forth in paragraph (7).
(4) Minimum requirements.--(A) No proposal shall be
considered which fails to meet the minimum requirements as
determined by the Secretary. Such minimum requirements shall
include the following:
(i) The minimum acceptable franchise fee or other forms of
consideration to the Government.
(ii) Any facilities, services, or capital investment
required to be provided by the concessioner.
(iii) Measures necessary to ensure the protection,
conservation, and preservation of resources of the unit of
the National Park System.
(B) 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 resources of the unit of the National Park System
and of providing necessary and appropriate facilities and
services to the public at reasonable rates.
(C) 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.
(D) The Secretary may not execute a concessions contract
which materially amends or does not incorporate the proposed
terms and conditions of the concessions 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 concessions contract
incorporating such material amendments or changes.
(5) Selection of the best proposal.--(A) In selecting the
best proposal, the Secretary shall consider the following
principal factors:
(i) The responsiveness of the proposal to the objectives of
protecting, conserving, and preserving resources of the unit
of the National Park System and of providing necessary and
appropriate facilities and services to the public at
reasonable rates.
(ii) The experience and related background of the person,
corporation, or entity submitting the proposal, including the
past performance and expertise of such person, corporation or
entity in providing the same or similar facilities or
services.
(iii) The financial capability of the person, corporation,
or entity submitting the proposal.
(iv) The proposed franchise fee, except that consideration
of revenue to the United States shall be subordinate to the
objectives of protecting, conserving, and preserving
resources of the unit of the National Park System and of
providing necessary and appropriate facilities to the public
at reasonable rates.
(B) The Secretary may also consider such secondary factors
as the Secretary deems appropriate.
(C) 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 businesses 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.
(6) Congressional notification.--The Secretary shall submit
any proposed concessions contract with anticipated annual
gross receipts in excess of $5,000,000 or a duration of more
than 10 years to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate. The Secretary shall not award any
such proposed contract until at least 60 days subsequent to
the notification of both committees.
(7) Preferential right of renewal.--(A) Except as provided
in subparagraph (B), the Secretary shall not grant a
concessioner a preferential right to renew a concessions
contract, or any other form of preference to a concessions
contract.
(B) The Secretary shall grant a preferential right of
renewal to an existing concessioner with respect to proposed
renewals of the categories of concessions contracts described
by paragraph (8), subject to the requirements of that
paragraph.
(C) 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,
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
concessions contract which authorizes the continuation of the
facilities and services provided by the concessioner under
its prior contract.
(D) 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 concessions contract to which such preference
applies.
(8) Outfitter and guide services and small contracts.--(A)
The provisions of paragraph (7) shall apply only to the
following:
(i) Subject to subparagraph (B), outfitting and guide
concessions contracts.
(ii) Subject to subparagraph (C), concessions contracts
with anticipated annual gross receipts under $500,000.
(B) For the purposes of this title, an ``outfitting and
guide concessions contract'' means a concessions 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 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--
(i) the contract with the outfitting and guide concessioner
does not grant the concessioner any interest, including 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, other than a
capital improvement constructed by a concessioner pursuant to
the terms of a concessions contract prior to the date of the
enactment of this title or constructed or owned by a
concessioner or his or her predecessor before the subject
land was incorporated into the National Park System;
(ii) the Secretary determines that the concessioner has
operated satisfactorily during the term of the contract
(including any extension thereof); and
(iii) the concessioner has submitted a responsive proposal
for a proposed new contract which satisfies the minimum
requirements established by the Secretary pursuant to
paragraph (4).
(C) A concessioner that holds a concessions contract that
the Secretary estimates will result in gross annual receipts
of less than $500,000 if renewed shall be entitled to a
preferential right of renewal under this title if--
(i) the Secretary has determined that the concessioner has
operated satisfactorily during the term of the contract
(including any extension thereof); and
(ii) the concessioner has submitted a responsive proposal
for a proposed new concessions contract which satisfies the
minimum requirements established by the Secretary pursuant to
paragraph (4).
(9) New or additional services.--The Secretary shall not
grant a preferential right to a concessioner to provide new
or additional services in a unit of the National Park System.
(10) Secretarial authority.--Nothing in this title shall be
construed as limiting the authority of the Secretary to
determine whether to issue a concessions contract or to
establish its terms and conditions in furtherance of the
policies expressed in this title.
(11) Exceptions.--Notwithstanding the provisions of this
section, the Secretary may award, without public
solicitation, the following:
(A) A temporary concessions contract or an extension of an
existing concessions contract for a term not to exceed 3
years in order to avoid interruption of services to the
public at a unit of the National Park System, except that
prior to making such an award, the Secretary shall take all
reasonable and appropriate steps to consider alternatives to
avoid such interruption.
(B) A concessions contract in extraordinary circumstances
where compelling and equitable considerations require the
award of a concessions contract to a particular party in the
public interest. Such award of a concessions contract shall
not be made by the Secretary until at least 30 days after
publication in the Federal Register of notice of the
Secretary's intention to do so and the reasons for such
action, and submission of notice to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives.
SEC. 404. TERM OF CONCESSIONS CONTRACTS.
A concessions contract entered into pursuant to this title
shall generally be awarded for a term of 10 years or less.
However, the Secretary may award a contract for a term of up
to 20 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 Concessions
Contracts.--On or after the date of the enactment of this
title, a concessioner that constructs a capital improvement
upon land owned by the United States
[[Page H10682]]
within a unit of the National Park System pursuant to a
concessions contract shall have a leasehold surrender
interest in such capital improvement subject to the following
terms and conditions:
(1) A concessioner shall have a leasehold surrender
interest in each capital improvement constructed by a
concessioner under a concessions 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.
(2) A leasehold surrender interest--
(A) may be pledged as security for financing of a capital
improvement or the acquisition of a concessions contract when
approved by the Secretary pursuant to this title;
(B) shall be transferred by the concessioner in connection
with any transfer of the concessions contract and may be
relinquished or waived by the concessioner; and
(C) shall not be extinguished by the expiration or other
termination of a concessions contract and may not be taken
for public use except on payment of just compensation.
(3) 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.
(4) Effective nine years after the date of the enactment of
this Act, the Secretary may provide, in any particular new
concession contract the Secretary estimates will have a
leasehold surrender interest of more than $10,000,000, that
the value of any leasehold surrender interest in a capital
improvement shall be based on either (A) a reduction on an
annual basis, in equal portions, over the same number of
years as the time period associated with the straight line
depreciation of the initial value (construction cost of the
capital improvement), as provided by applicable Federal
income tax laws and regulations in effect on the day before
the date of the enactment of this Act or (B) such alternative
formula that is consistent with the objectives of this title.
The Secretary may only use such an alternative formula if the
Secretary determines, after scrutiny of the financial and
other circumstances involved in this particular concession
contract (including providing notice in the Federal Register
and opportunity for comment), that such alternative formula
is, compared to the standard method of determining value
provided for in paragraph (3), necessary in order to provide
a fair return to the Government and to foster competition for
the new contract by providing a reasonable opportunity to
make a profit under the new contract. If no responsive offers
are received in response to a solicitation that includes such
an alternative formula, the concession opportunity shall be
resolicited with the leasehold surrender interest value as
described as paragraph (3).
(5) Where a concessioner, pursuant to the terms of a
concessions 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.
(b) Special Rule for Existing Possessory Interest.--
(1) A concessioner which has obtained a possessory interest
as defined pursuant to Public Law 89-249 (commonly known as
the National Park Service Concessions Policy Act; 16 U.S.C.
20 et seq.), as in effect on the day before the date of the
enactment of this Act, under the terms of a concessions
contract entered into before that date 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
concessions contract. Where such a possessory interest is not
described in the existing contract, compensation of
possessory interest shall be determined in accordance with
the laws in effect on the day before the date of enactment of
this Act.
(2) In the event such prior concessioner is awarded a new
concessions contract after the effective date of this title
replacing an existing concessions 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
concessions contract and is required to pay a prior
concessioner for possessory interest in prior improvements,
the new concessioner 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 concessions contract entered into after
the effective date of this title, a concessioner shall be
entitled under the terms of the concessions 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 concessions
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 vested in the United States.
(e) Definitions.--For purposes of this section:
(1) Consumer price index.--The term ``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
(2) Capital improvement.--The term ``capital improvement''
means a structure, fixture, or nonremovable equipment
provided by a concessioner pursuant to the terms of a
concessions contract and located on lands of the United
States within a unit of the National Park System.
(f) Special Reporting Requirement.-- Not later than seven
years after the date of the enactment of this Act, the
Secretary shall submit a report to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives containing a
complete analysis of the concession program as well as--
(1) an assessment of competition in the solicitation of
prospectuses, fair and/or increased return to the Government,
and improvement of concession facilities and infrastructure;
and
(2) an assessment of any problems with the management and
administration of the concession program that are a direct
result of the implementation of the provisions of this title.
SEC. 406. REASONABLENESS OF RATES.
(a) In General.--Each concessions contract shall permit the
concessioner to set reasonable and appropriate rates and
charges for facilities, goods, and services provided to the
public, subject to approval under subsection (b).
(b) Approval by Secretary Required.--A concessioner's rates
and charges to the public shall be subject to approval by the
Secretary. The approval process utilized by the Secretary
shall be as prompt and as unburdensome to the concessioner as
possible and shall rely on market forces to establish
reasonableness of rates and charges to the maximum extent
practicable. The Secretary shall approve rates and charges
that the Secretary determines to be reasonable and
appropriate. Unless otherwise provided in the contract, the
reasonableness and appropriateness of rates and charges shall
be determined primarily by comparison with those rates and
charges for facilities, goods, and services of comparable
character under similar conditions, with due consideration to
the following factors and other factors deemed relevant by
the Secretary: length of season, peakloads, average
percentage of occupancy, accessibility, availability and
costs of labor and materials, and type of patronage. Such
rates and charges may not exceed the market rates and charges
for comparable facilities, goods, and services, after taking
into account the factors referred to in the preceding
sentence.
(c) Implementation of Recommendations.--Not later than 6
months after receiving recommendations from the Advisory
Board established under section 409(a) regarding concessioner
rates and charges to the public, the Secretary shall
implement the recommendations or report to the Congress the
reasons for not implementing the recommendations.
SEC. 407. FRANCHISE FEES.
(a) In General.--A concessions 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 shall be based upon 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
necessary 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 concessions contract shall be specified
in the concessions contract and may only be modified to
reflect extraordinary unanticipated changes from the
conditions anticipated as of the effective date of
[[Page H10683]]
the contract. The Secretary shall include in concessions
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 extraordinary 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
concessions contracts shall be deposited into a special
account established in the Treasury of the United States.
Twenty percent of the funds deposited in the special account
shall be available for expenditure by the Secretary, without
further appropriation, to support activities throughout the
National Park System regardless of the unit of the National
Park System in which the funds were collected. The funds
deposited into the special account shall remain available
until expended.
(d) Subaccount for Each Unit.--There shall be established
within the special account required under subsection (c) a
subaccount for each unit of the National Park System. Each
subaccount shall be credited with 80 percent of the franchise
fees (and other monetary consideration) collected at a single
unit of the National Park System under concessions contracts.
The funds credited to the subaccount for a unit of the
National Park System shall be available for expenditure by
the Secretary, without further appropriation, for use at the
unit for visitor services and for purposes of funding high-
priority and urgently necessary resource management programs
and operations. The funds credited to a subaccount shall
remain available until expended.
SEC. 408. TRANSFER OF CONCESSIONS CONTRACTS.
(a) Approval of the Secretary.--No concessions 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 by, the
Secretary.
(b) Conditions.--The Secretary shall approve a transfer or
conveyance described in subsection (a) unless the Secretary
finds that--
(1) the individual, corporation or entity seeking to
acquire a concessions contract is not qualified or able to
satisfy the terms and conditions of the concessions contract;
(2) such transfer or conveyance would have an adverse
impact on (A) the protection, conservation, or preservation
of the resources of the unit of the National Park System or
(B) the provision of necessary and appropriate facilities and
services to visitors at reasonable rates and charges; and
(3) the terms of such transfer or conveyance are 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.
(c) Transfer Terms.--The terms and conditions of any
contract under this section shall not be subject to
modification or open to renegotiation by the Secretary
because of a transfer or conveyance described in subsection
(a), unless such transfer or conveyance would have an adverse
impact as described in paragraph (2) of subsection (b).
SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
ADVISORY BOARD.
(a) Establishment.--There is hereby established a National
Park Service Concessions Management Advisory Board (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 of the
National Park System.
(b) Duties.--
(1) Advice.--The Advisory Board shall advise on each of the
following:
(A) Policies and procedures intended to assure that
services and facilities provided by concessioners are
necessary and appropriate, 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.
(B) Ways to make National Park Service concessions programs
and procedures more cost effective, more process efficient,
less burdensome, and timelier.
(2) Recommendations.--The Advisory Board shall make
recommendations to the Secretary regarding each of the
following:
(A) National Park Service contracting with the private
sector to conduct appropriate elements of concessions
management and providing recommendations to make more
efficient, less burdensome, and timelier the review or
approval of concessioner rates and charges to the public.
(B) The nature and scope of products which qualify as
Indian, Alaska Native, and Native Hawaiian handicrafts within
this meaning of this title.
(C) The allocation of concession fees.
The initial recommendations under subparagraph (A) relating
to rates and charges shall be submitted to the Secretary not
later than one year after the first meeting of the Board.
(3) Annual report.--The Advisory Board, commencing with the
first anniversary of its initial meeting, shall provide an
annual report on its activities to the Committee on Resources
of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United
States Senate.
(c) 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 member shall be privately employed in the
hospitality industry and have both broad knowledge of hotel
or food service management and experience in the parks and
recreation concessions business;
(2) one member shall be privately employed in the tourism
industry;
(3) one member shall be privately employed in the
accounting industry;
(4) one member shall be privately employed in the
outfitting and guide industry;
(5) one member shall be a State government employee with
expertise in park concession management;
(6) one member shall be active in promotion of traditional
arts and crafts; and
(7) one member shall be active in a nonprofit conservation
organization involved in parks and recreation programs.
(d) 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.
(e) 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, United States Code, or
other comparable provisions of Federal law.
SEC. 410. CONTRACTING FOR SERVICES.
(a) Contracting Authorized.--(1) To the maximum extent
practicable, the Secretary shall contract with private
entities to conduct or assist in those elements of the
management of the National Park Service concessions program
considered by the Secretary to be suitable for non-Federal
performance. Such management elements include each the
following:
(A) Health and safety inspections.
(B) Quality control of concessions operations and
facilities.
(C) Strategic capital planning for concessions facilities.
(D) Analysis of rates and charges to the public.
(2) The Secretary may also contract with private entities
to assist the Secretary with each of the following:
(A) Preparation of the financial aspects of prospectuses
for National Park Service concessions contracts.
(B) Development of guidelines for a national park system
capital improvement and maintenance program for all
concession occupied facilities.
(C) Making recommendations to the Director of the National
Park Service regarding the conduct annual audits of
concession fee expenditures.
(b) Other Management Elements.--The Secretary shall also
consider, taking into account the recommendations of the
Advisory Board, contracting out other elements of the
concessions management program, as appropriate.
(c) Condition.--Nothing in this section shall diminish the
governmental responsibilities and authority of the Secretary
to administer concessions contracts and activities pursuant
to this title and the Act of August 25, 1916 (commonly known
as the National Park Service Organic Act; 16 U.S.C. 1 et
seq.). The Secretary reserves the right to make the final
decision or contract approval on contracting services dealing
with the management of the National Park Service concessions
program under this section.
SEC. 411. MULTIPLE CONTRACTS WITHIN A PARK.
If multiple concessions contracts are awarded to authorize
concessioners to provide the same or similar outfitting,
guiding, river running, or other similar services at the same
approximate location or resource within a specific national
park, the Secretary shall establish a comparable franchise
fee structure for all such same or similar contracts, except
that the terms and conditions of any existing concessions
contract shall not be subject to modification or open to
renegotiation by the Secretary because of a award of a new
contract at the same approximate location or resource.
SEC. 412. SPECIAL RULE FOR TRANSPORTATION CONTRACTING
SERVICES.
Notwithstanding any other provision of law, a service
contract entered into by the Secretary for the provision
solely of transportation services in a unit of the National
Park System shall be no more than 10 years in length,
including a base period of 5 years and annual extensions for
an additional 5-
[[Page H10684]]
year period based on satisfactory performance and approval by
the Secretary.
SEC. 413. USE OF NONMONETARY CONSIDERATION IN CONCESSIONS
CONTRACTS.
Section 321 of the Act of June 30, 1932 (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. 414. 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 concessions contract have
been and are being faithfully performed, and the Secretary
and any duly authorized representative of the Secretary
shall, for the purpose of audit and examination, have access
to such 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 or any duly
authorized representative of the Comptroller General shall,
until the expiration of 5 calendar years after the close of
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. 415. REPEAL OF NATIONAL PARK SERVICE CONCESSIONS POLICY
ACT.
(a) Repeal.--Public Law 89-249 (commonly known as the
National Park Service Concessions Policy Act; 16 U.S.C. 20 et
seq.) is repealed. The repeal of such Act shall not affect
the validity of any concessions 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 terms and
conditions of any such contract or permit. References in this
title to concessions contracts awarded under authority of
such Act also apply to concessions permits awarded under such
authority.
(b) Conforming Amendments.--(1) The fourth sentence of
section 3 of the Act of August 25, 1916 (commonly known as
the National Park Service Organic Act; 16 U.S.C. 3), is
amended--
(A) by striking all through ``no natural'' and inserting
``No natural,''; and
(B) by striking the last proviso in its entirety.
(2) Section 12 of Public Law 91-383 (commonly known as the
National Park System General Authorities Act; 16 U.S.C. 1a-7)
is amended by striking subsection (c).
(3) The second paragraph under the heading ``National Park
Service'' in the Act of July 31, 1953 (67 Stat. 261, 271), is
repealed.
(c) 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. 416. PROMOTION OF THE SALE OF INDIAN, ALASKA NATIVE,
NATIVE SAMOAN, AND NATIVE HAWAIIAN HANDICRAFTS.
(a) In General.--Promoting the sale of authentic United
States Indian, Alaskan Native, Native Samoan, 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 in appropriate areas
where such trade 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, Native Samoan, and Native Hawaiian
handicrafts shall be exempt from any franchise fee payments
under this title.
SEC. 417. 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 a unit
of the National Park System are not segmented or otherwise
split into separate concessions contracts for the purposes of
seeking to reduce anticipated annual gross receipts of a
concessions 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. 418. 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
concessions 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) Required determinations.--The authority of this section
may be used only to authorize provision of services that the
Secretary determines will have minimal impact on resources
and values of the unit of the National Park System and are
consistent with the purpose for which the unit was
established and with all applicable management plans and park
policies and regulations.
(2) Elements of authorization.--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 unit of the National Park System
pursuant to such authorization;
(2) the incidental use of resources of the unit by
commercial operations which provide services originating and
terminating outside of the boundaries of the unit; or
(3) such uses by organized children's camps, outdoor clubs
and nonprofit institutions (including back country use) and
such other uses as the Secretary determines appropriate.
Nonprofit institutions are not required to obtain commercial
use authorizations unless taxable income is derived by the
institution from the authorized use.
(d) Prohibition on Construction.--An authorization issued
under this section shall not provide for the construction of
any structure, fixture, or improvement on federally-owned
lands within the boundaries of a unit of the National Park
System.
(e) Duration.--The term of any authorization issued under
this section shall not exceed 2 years. No preferential right
of renewal or similar provisions for renewal shall be granted
by the Secretary.
(f) 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 concessions contracts.
SEC. 419. SAVINGS PROVISION.
(a) Treatment of Glacier Bay Concession Permits
Prospectus.--Nothing contained in this title shall authorize
or require the Secretary to withdraw, revise, amend, modify,
or reissue the February 19, 1998, Prospectus Under Which
Concession Permits Will be Open for Competition for the
Operation of Cruise Ship Services Within Glacier Bay National
Park and Preserve (in this section referred to as the ``1998
Glacier Bay Prospectus''). The award of concession permits
pursuant to the 1998 Glacier Bay Prospectus shall be under
provisions of existing law at the time the 1998 Glacier Bay
Prospectus was issued.
(b) Preferential Right of Renewal.--Notwithstanding any
provision of this title, the Secretary, in awarding future
Glacier Bay cruise ship concession permits covering cruise
ship entries for which a preferential right of renewal
existed prior to the effective date of this title, shall
provide for such cruise ship entries a preferential right of
renewal, as described in subparagraphs (C) and (D) of section
403(7). Any Glacier Bay concession permit awarded under the
authority contained in this subsection shall expire by
December 31, 2009.
TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM
SEC. 501. FEES.
Notwithstanding any other provision of law, where the
National Park Service or an entity under a service contract
with the National Park Service provides transportation to all
or a portion of any unit of the National Park System, the
Secretary may impose a reasonable and appropriate charge to
the public for the use of such transportation services in
addition to any admission fee required to be paid. Collection
of both the transportation and admission fees may occur at
the transportation staging area or any other reasonably
convenient location determined by the Secretary. The
Secretary may enter into agreements with public or private
entities, who qualify to the Secretary's satisfaction, to
collect the transportation and admission fee. Such
transportation fees collected as per this section shall be
retained by the unit of the National Park System at which the
transportation fee was collected and the amount retained
shall be expended only for costs associated with the
transportation systems at the unit where the charge was
imposed.
SEC. 502. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES.
Not later than six months after the date of enactment of
this title, the Secretary of the Interior and the Secretary
of Agriculture shall enter into an agreement providing for
[[Page H10685]]
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 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.
(2) A private vendor may be allowed to collect a commission
on each national park passport (including stamp) sold, as
determined by the Secretary.
(3) 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 10 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) Net proceeds 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. FOREIGN SALES OF GOLDEN EAGLE PASSPORTS.
The Secretary of Interior shall--
(1) make Golden Eagle Passports 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 authorized by section 315 of the
Department of the Interior and Related Agencies
Appropriations Act, 1996 (section 101(c) of Public Law 104-
134; 16 U.S.C. 460l-6a note), available to foreign visitors
to the United States; and
(2) make such Golden Eagle Passports available for purchase
outside the United States, through commercial tourism
channels and consulates or other offices of the United
States.
SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.
(a) Park Passport Not Required.--A national 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 authorized by
section 315 of the Department of the Interior and Related
Agencies Appropriations Act, 1996 (section 101(c) of Public
Law 104-134; 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 such
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 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 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 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 such Recreational Fee Demonstration Program (16
U.S.C. 460l-6a note).
TITLE VII--NATIONAL PARK FOUNDATION SUPPORT
SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.
Public Law 90-209 (commonly known as the National Park
Foundation Act; 16 U.S.C. 19 et seq.) is amended by adding at
the end the following new section:
``SEC. 11. 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 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 (commonly
known as the National Park System General Authorities Act; 16
U.S.C. 1a-2) is amended by adding at the end the following:
``(k) Leases.--
``(1) In general.--Except as provided in paragraph (2) and
subject to paragraph (3), 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) Prohibited activities.--The Secretary may not use a
lease under paragraph (1) to authorize the lessee to engage
in activities that are subject to authorization by the
Secretary through a concessions contract, commercial use
authorization, or similar instrument.
``(3) 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
[[Page H10686]]
``(C) shall be compatible with National Park Service
programs.
``(4) 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.
``(5) 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 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 may 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. The Secretary may not transfer administration
responsibilities for any unit of the National Park System
under this paragraph.
``(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from California (Mr. Miller) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it has taken a long time, in fact years, to craft a bill
that addresses needed changes within the National Park Service
including concession reform and a bill which has general agreement by
the majority, minority and the administration. But I think we reach
that point where this bill, S. 1693, as amended, just does that. Credit
is due to many people, but I especially want to mention three gentlemen
in particular who are personally involved in the bill: Senator Dale
Bumpers, Secretary of Interior Bruce Babbitt, and of course Senator
Craig Thomas of Wyoming, the sponsor of the bill. These gentlemen, and
many, many others have worked very hard in the spirit of cooperation
and compromise to develop this bill.
I believe we have in the amended S. 1693 a bill that addresses a
variety of important concerns and issues raised by everyone from small
outfitters and guides to the National Park Service. We have made good
and necessary changes to the bill and come to many agreements on
language and content alike. Among other things, the bill establishes a
career development training and management program for the National
Park Service and develops a comprehensive training program for Park
Service employees to enable them to manage, interpret and protect park
resources.
S. 1693 also establishes a scientific research program for the
National Park Service by entering into cooperative agreements with
colleges and universities to establish cooperative study units for
multi-disciplinary and monitoring programs. Furthermore, S. 1693
codifies the Park Service procedures for studying areas of potential
addition to the national park system. It establishes several criteria
to be considered in evaluating potential park areas and ensures that
only outstanding examples of our Nation's natural cultural and
recreational resources will be added to the park system.
The bill makes significant changes to National Park Service
concession policies and in fact repeals the Concession Act of 1965.
Some of those highlights include concession contracts will be awarded
through a competitive selection process. Concessionaires would no
longer be granted a preferential right to renew their contract except
for outfitter and guide services and those with contracts with gross
annual revenue of less than $500,000. It provides that the
concessionaires' interest in newly-built facilities will be equal to
the concessionaires' construction costs with annual adjustments for
inflation. A concessionaire would be entitled to receive payment for
the lease hold surrender value from the United States or a successor
concessionaire. However. It also provides that after 9 years in new
contracts that if a lease hold interest is over 10 million in value,
the value would be based on an annual reduction of equal proportions
over a time period associated with straight line depression or other
such formula consistent with the act. The alternative formula can be
used only if it is shown that it is necessary for a fair return to the
government.
In addition, this bill provides for the establishments of a broad-
based Concessions Advisory Board to advise the Secretary on Concession
Management Activities. It also deals with the National Park Service Fee
Authority and adds a few minor provisions in regard to transportation
systems and fee collection and authorizes a new national park passport
which gives the holder unlimited access to units of the national park
system.
Mr. Speaker, it has taken years and countless hours of work to get us
to this point where we have a bill that has general agreement by nearly
all the parties involved. The provisions contained in this bill are
clearly necessary in order to improve and enhance our treasured
National Parks. I strongly urge all my colleagues to support this bill,
as amended.
Mr. Speaker, I reserve the balance of my time.
The SPEAKER pro tempore. Without objection, the gentleman from
Minnesota (Mr. Vento) will control the time originally controlled by
the gentleman from California (Mr. Miller).
There was no objection.
Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to commend those that have come together to work
on this, including the Secretary of Interior and our Senate colleagues
that were mentioned by the gentleman from Utah (Mr. Hansen), the
gentleman from Alaska (Mr. Young) as well as the gentleman from
California (Mr. Miller), our ranking member. As the Members are aware,
I have a deep interest and longtime interest in the management of our
parks and the specific provisions in this bill. Specifically, along
with the gentleman from Colorado (Mr. Hefley), I was pleased to work
initially on the new park study provisions in this bill which hopefully
will provide a policy path for our designation of any new park units in
the future and perhaps a focus on existing units to be certain that the
types of designations and administration are workable. So often we see
parks designated without the type of background study and
understanding, and the end result is that we place a burden on the
system and on our resources impossible to properly manage these lands.
There are also, of course, changes that are important in terms of
recognizing the professionalism of the Park Service, of all of the land
management agencies. The Park Service does not have the status, the
same status as other land management agencies have achieved to date and
it certainly should have such status.
[[Page H10687]]
{time} 1115
This measure will go a long way toward providing the in-service
training that is necessary. Today land management decisions, especially
parks with the important law that they administer, the 1916 Organic
Act, it is an especially difficult process and challenge for them to
meet. The type of training that is anticipated in this bill will point
the direction and give the know how to manage these cultural and
natural resources, really the icons in the public land scheme, our
parks.
Furthermore, of course, the resource inventory and management
provisions of this bill specifically mandate Park Service research to
ensure that managers benefit from the high quality science and
information when making resource management decisions.
We have to have information available in order to have managers do
their jobs properly. Increasingly, that is going to require
coordination. I well know that former director of the Park Service
Kennedy had tried to reorganize the Park Service along with a plan
organized to separate some of the staff and line management and
providing the type of resource and research effort that would be
available for those park superintendents and personnel that have the
significant responsibilities.
The important part of this bill that I am sure will get most of the
attention from the Members is the concession policy, the revamping of
that. As has been pointed out by the subcommittee chairman, the
gentleman from Utah (Chairman Hansen), this measure repeals the
previous law that has long served as the benchmark for determining
concessions, management and awarding of contracts.
Importantly, this bill eliminates the preferential right of renewal
so that each bidder comes into the process and they bid for the
concession to provide that service in the park on an equal basis, so
that those who have been in that particular role at least in the
competitive portion the large concession contracts bidders will face
more competition.
Secondly, it revamps the investment in facilities. What before had
been the possessory interest and a buildup of value now is referred to
as a leasehold surrender interest and, of course, there will be a
conversion from the possessory interest to such leaseholder surrender
interest. That, I think, is going to be an improvement.
What I think is very significant is this will probably last for the
first nine years, and then the Secretary of Interior, acting through
the Park Service Director, will have the opportunity to revamp that
again, along the lines of marketplace type of concerns. That is to say,
especially for contracts over a certain value, over $10 million, as the
subcommittee chairman indicated, there would be an opportunity for
straight line depreciation and amortization of such particular
contracts.
This is an important change. Obviously the concessionaires have been
with us and have been present in some cases before the park system was
even established in 1916. So it is important to understand that the
concessionaires role in terms of providing for the enjoyment and use of
our parks has played an essential role.
So this marriage of the private sector, of entrepreneurial interest
with the parks, has been a long-standing tradition in this Nation and
has served us generally well.
We come to this point where there is a value added, where there is a
buildup of investment by the concessionaire an interest in a park, and
we need to address it as to value. This bill is a new approach, and we
are all thinking optimistically that it will work today.
Finally, the concession fees that obtained here provide that 8
percent of the dollars, I believe I am correct, of the franchise fees,
will be retained in special accounts and expended by the Interior
Department for park purposes without further appropriation. This is
important.
Most individuals assume that park fees dollars collected would stay
within the park. That has not always been the case. Very often they are
siphoned off by the Treasury. Very often our Committee on
Appropriations and OMB take special note of these dollars and discount
what would otherwise be deemed sufficient support for such parks.
Hopefully we will fight to make certain that this practice is reversed.
There are other minor changes in the bill. I note along the lines of
the new national Park Passport program, which we will keep a close eye
on to see how it performs alongside the Golden Eagle Passport, and
provisions dealing with local fund-raising support and the Park Police
study, as well as new building leases authority, which, of course,
occur where the Park Service has property that they want to lease
generally to the private party.
I think collectively this is a good effort, a good accomplishment and
intended to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield two minutes to the gentleman from
Nevada (Mr. Gibbons).
Mr. GIBBONS. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, I rise today to engage the distinguished chairman of the
subcommittee, the gentleman from Utah (Mr. Hansen), who has been a
strong advocate for the conservation and well treatment of America's
public lands in a colloquy.
The bill before us today, S. 1693, establishes a new plan for
advertising and awarding concession contracts on National Park Service
lands. However, the bill is silent with regard to continuing
applicability of the priority of licensed blind vendors under the
Randolph Sheppard Act of 1936.
Mr. Chairman, does Senate 1693 intend in any way to repeal, waive,
supersede or undermine the now existing Randolph Sheppard Act for blind
business enterprise programs?
Mr. HANSEN. Mr. Speaker, will the gentleman yield?
Mr. GIBBONS. I yield to the gentleman from Utah.
Mr. HANSEN. Mr. Speaker, I appreciate the gentleman bringing up this
issue. I would have to respond and say that S. 1693 does not repeal the
Randolph Sheppard Act and nothing in this act should be interpreted to
eliminate prohibit or diminish provisions found in the Randolph
Sheppard Act. We worked with yourself and the gentleman from Nevada
(Mr. Ensign) for several years to ensure that concessionary form does
not affect application of the Randolph Sheppard Act.
Mr. GIBBONS. Mr. Speaker, reclaiming my time, I would like to thank
the chairman for his clarification of this crucial point. I urge
support of the bill.
Mr. HANSEN. Mr. Speaker, I am pleased to yield two minutes to the
gentleman from Alaska (Mr. Young), the distinguished chairman of the
Committee on Resources.
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Mr. Speaker, there is a lot of work that has
gone into this legislation. There is a lot of, I hope, hopeful signs
that we will not address this issue too soon unless there is some
misapplication of the legislation by the Department of Interior.
I have been a strong supporter of the concessionaires because they
bring visitors to the parks and they open the parks for the people I
believe they should be serving. There has been some policies of the
Park Service to exclude people from the parks for their own services. I
think that is very unfortunate.
But I would like to address section 419, that ensures it does not
disrupt the ongoing bidding process for cruise ships entry permits in
Glacier Bay National Park. The administration does support this
provision.
It grandfathers the 1998 Glacier Bay Prospectus in current law. The
prospectus was issued last February, and is the basis for awarding
cruise ship entry permits in Glacier Bay. These are 5 year permits
lasting from the year 2000 to the year 2004.
Without this language, the bill could force the Park Service to redo
the prospectus. Years of expensive work and extensive negotiations will
be thrown out the window. The measure provides that terms and
conditions of existing law apply to the prospectus, and also sunsets a
preference to renew Glacier Bay entry permits on December 31, 2009.
I believe this solves a unique problem in a unique problem. Section
419 does not apply to any other park in the Nation. I believe this is a
correct step forward, and I would suggest respectfully, although have I
some reservation, Senator Thomas has done a great job on this, as has
the gentleman from California (Mr. Miller) and the gentleman
[[Page H10688]]
from Utah (Mr. Hansen). I support the legislation.
Mr. VENTO. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. Miller), the ranking member and one of
the architects of this bill.
Mr. MILLER of California. Mr. Speaker, I thank the gentleman for
yielding me time.
Mr. Speaker, I want to join in commending Secretary Babbitt and
Senator Thomas and Senator Dale Bumpers, who will be retiring from this
Congress, and our Chairman, the gentleman from Alaska (Mr. Young), for
all of their efforts on behalf of this legislation.
I also want you to know that the gentleman from Minnesota (Mr.
Vento), who is managing the bill here today, has in fact been involved
in trying to bring balance to the concessions policy of our National
Park System now for many, many years, and has really been an architect
of the underlying framework of concession reform.
Of particular interest to me are the changes we made in the original
bill's provision on leasehold surrender interests. I had objected to
these provisions in committee because they were untested and could very
well maintain some of the anticompetitive aspects that exist today with
the National Parks' concession program.
By the narrowest of margins, the resource committee failed to adopt
an amendment I offered to replace the leasehold surrender interest
provisions with a system of amortization of the concessionaire
investment similar to that used throughout the concessions industry and
in the private real estate market.
Subsequent to the committee action on S. 1693, my staff and I had
discussions with a number of principals of this legislation. The result
of these discussions has been an agreement to change the LSI
provisions. These changes allow the untested LSI provisions to be used
for the next major round of concession contracts. However, following
that period, if the Secretary finds that either straight line
depreciation or an alternative formula is needed to promote competition
and a fair return to the government, the Secretary can use either of
these two options after informing the Congress.
The second issue that was raised at the 11th hour deals with the
concessions permit for cruise ships in Glacier National Park, as the
gentleman from Alaska has just referred to. The language we were
originally given was a complete exemption for these permits. The
agreement that we have worked out provides a phaseout for the
preferential right of renewal of these cruise ship permits by December
31, 2009.
I think it is important to note that under this phaseout the
preferential right of renewal cannot be granted nor can such a right
exist beyond December 31, 2009.
Mr. Speaker, like many compromises, this is not perfect, but it is
one I can support, and it reflects an awful lot of hard work by all of
the people that I mentioned in the beginning of my statement, and I
want to thank the committee for bringing this legislation to the floor
of the House and recommend its passage.
Mr. VENTO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would just comment that, of course, we have recognized
the ranking member, but we have not recognized the ranking minority
member the gentleman from American Samoa (Mr. Faleomavaega), and again,
the gentleman from Utah (Mr. Hansen), for their work, and the chairman
and ranking member in the House. They have done a good job in sewing
this together.
I would just suggest that we will be watching very carefully. I think
a well-crafted law on concessions here, very prescriptive, not leaving
a lot of room obviously could present some problems to any
administrator, including Secretary of Interior Babbitt or his
successors. But most of these laws are about as good as what the
Secretary will really make them. So I think we have to be careful and I
think operate in good faith with regard to what the meaning and intent
is in this instance.
There are special challenges facing our parks today, and I think that
the park visitor, the park professionals, and the concessionaire, all
share a responsibility in terms of preserving the corpus of that park,
its natural and/or cultural resources at the same time providing for
public enjoyment.
Parks, of course, are threatened by the areas around them, the
interface whether it is air and water quality, or even the land use
activities that go on around outside their boundaries. Increasingly
these National Park islands, these special places of cultural and
natural resources, really are treasures, and do confront many, many
problems. What has gone on in the past in terms of practices obviously
has to change in light with new knowledge and information.
This bill uniquely obviously, providing a new policy path for
concessions, also gives more information and more training to the
people that manage those. While Congress maintains an active view and
role with its prescriptive policy making in this bill, I hope that we
will recognize and accept the information and the facts.
Usually, I think about our job here as not being all that tough. All
we have to do is take new information, new knowledge, and translate it
into public policy. But very often it breaks down many ways because of
various interests that get involved, and I think too often improperly.
With that said, I am hopeful that this bill will be a positive step
forward. I think it is a positive step forward, and I support the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I do not think a lot of people realize as they go to our
beautiful parks in America who makes them that way. Of course the park
system does, and we compliment those folks who wear those Smoky Bear
hats and give us good information and help us out.
But on the other side of the coin, when you go to a place like
Yellowstone and you go to the Lake Lodge or the Old Faithful Lodge, or
you go to the beautiful expansion of the north rim of the Grand Canyon
and look over that panorama that takes your breath away, who makes it
so you can have a good meal and park your car and buy petrol and all of
the things that are necessary?
I think in a way we sometimes diminish the role of the
concessionaires in our National Parks. These people do us a good job,
and without those people, we could not really look at the parks and
enjoy them the way we do.
A lot of us go to parks for different reasons. Every time I go to one
of the National Parks I see some young folks with backpacks on going up
in the area to look at certain areas. They are pretty well on their
own. Most of the folks in the parks require a number of services.
{time} 1130
I hope we never diminish the role of the concessionaire in the parks.
Every time we plow new ground with a piece of legislation, we are
always going to hit a few rocks. I think maybe that will happen in this
one. I would hope that the concessionaires of America realize that what
we are trying to do is a step forward for the people we serve, the
constituents of America, and that if we have hit a few rocks, that we
will resolve these at a later time.
I hope people realize how much work it is to get a bill like this to
the floor. I have been on that committee for 18 years, chaired it for
the last 4 years, and every year we have looked at something to do on
changing concessionaires around. Finally, this is the product before
us. Is it a 10? There is never a 10 around here, but I think it is at
least a 7 or 8. I would suggest that people vote for it.
I do not know if the people realize the work of staff, these people
sitting with us, the great amount of work. I can imagine it is the most
frustrating thing they have gone through, every sentence, comma,
semicolon, to get this thing worked out.
For Senator Craig Thomas, who has been so tenacious in bringing this
bill to us at this time, the gentleman from Alaska (Chairman Young) and
others, this is a very difficult piece of legislation to put together.
I would urge my colleagues to support it. I think it is much better
than we have got now, and it surely deserves our support.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion
offered by the gentleman from
[[Page H10689]]
Utah (Mr. Hansen) that the House suspend the rules and pass the Senate
bill, S. 1693, as amended.
The question was taken.
Mr. VENTO. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________