[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.

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