[House Report 105-767]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-767
_______________________________________________________________________


 
             NATIONAL PARKS OMNIBUS MANAGEMENT ACT OF 1998

_______________________________________________________________________


October 2, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                         [To accompany S. 1693]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill (S. 
1693) to provide for improved management and increased 
accountability for certain National Park Service programs, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.
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.

             TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM

Sec. 501. Extension of the Recreational Fee Demonstration Program.
Sec. 502. Other fees.
Sec. 503. 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.

 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.
                  (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 
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) 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.

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 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 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 of 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-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, Native Samoan 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 theprotection 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.

             TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM

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

  (a) Authority.--The authority provided to the National Park Service 
under the Recreational Fee Demonstration Program authorized by section 
315 of 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)--
          (1) is extended through September 30, 2005; and
          (2) shall be available for all units of the National Park 
        System, and for system-wide fee programs.
  (b) Use of Fees.--Fees collected by the National Park Service under 
such Recreational Fee Demonstration Program shall be used in the 
National Park System in the manner provided in section 315(c)(3) 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).
  (c) Report.--Not later than September 30, 2000, the Secretary shall 
submit to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Resources of the House of Representatives a report 
detailing the status of such Recreational Fee Demonstration Program 
conducted in units of the National Park System. The report shall 
contain--
          (1) an evaluation of the fee demonstration program conducted 
        at each unit of the National Park System;
          (2) with respect to each unit of the National Park System 
        where a fee is charged under the authority of such Recreational 
        Fee Demonstration Program, a description of the criteria that 
        were used to determine whether a recreational fee should or 
        should not be charged at such unit; and
          (3) a description of the manner in which the amount of the 
        fee at each unit of the National Park System was established.
  (d) Notice.--At least 12 months notice shall be given to the public 
prior to the increase or establishment of any fee in units of the 
National Park System under such Recreational Fee Demonstration Program.

SEC. 502. OTHER 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. 503. 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 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) Amounts collected from the sale of national park 
        passports shall be deposited in a special account in the 
        Treasury of the United States and shall remain available until 
        expended, without further appropriation, for high priority 
        visitor service or resource management projects throughout the 
        National Park System.
  (d) Agreements.--The Secretary may enter into cooperative agreements 
with the National Park Foundation and other interested parties to 
provide for the development and implementation of the national park 
passport program and the Secretary shall take such actions as are 
appropriate to actively market national park passports and stamps.
  (e) Fee.--The fee for a national park passport and stamp shall be 
$50.

SEC. 604. 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
                  ``(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.

                          Purpose of the Bill

    The purpose of S. 1693 is to provide for improved 
management and increased accountability for certain National 
Park Service programs and for other purposes.

                  Background and Need for Legislation

    S. 1693 incorporates several management directives for the 
National Park Service (NPS), along with new authority to raise 
and retain fee revenues, to be used in reducing the large 
backlog of NPS funding needs.
    In 1992, as part of its 75th anniversary, the agency held a 
symposium in Vail, Colorado, to prepare recommendations to 
guide the NPS into the 21st century. The report from the 
symposium, ``National Parks for the 21st Century--The Vail 
Agenda'', became popularly known just as the Vail Agenda. Many 
of the provisions of S. 1693 incorporate recommendations from 
the Vail Agenda. Over the past year, the Committee on Resources 
has held numerous hearings to review operational and funding 
needs of the NPS. In addition to incorporating recommendations 
from the Vail Agenda, S. 1693 addresses many of the concerns 
and recommendations identified in the Committee hearings. 
Because S. 1693 affects several NPS programs and functions, 
background on individual titles is described below.

       Title I--NPS Career Development, Training, and Management

    One of the strategic objectives contained in the Vail 
Agenda was a recommendation that the ``National Park Service 
must create and maintain a highly professional organization and 
workforce.'' The report included several detailed proposals to 
help improve NPS personnel and management issues. In 1995, the 
NPS adopted the Employee Training and Development Strategy 
which defined 16 career fields within the NPS. A set of 
Universal Essential Competencies were developed that would 
apply to all NPS employees. The purpose of these standards is 
to provide employees and their supervisors the essential skills 
to perform their jobs at the entry, developmental, and full 
performance levels; to give employees insights into the full 
spectrum of job requirements; and to create an employee 
training program for essential needs identified by employees 
and supervisors.
    Consistent with these goals, Title I of S. 1693 establishes 
a career development, training and management program for the 
NPS. The Secretary of the Interior is directed to continually 
improve the ability of the NPS to provide state-of-the-art 
management, protection, research, and interpretation of NPS 
resources. The Secretary is directed to develop a comprehensive 
training program for NPS employees to enable them to manage, 
interpret and protect park resources. In addition, the 
Secretary is directed to develop a plan for employee management 
training and development, to enable future park superintendents 
to be better prepared for management responsibilities. S. 1693 
also requires comprehensive budgets for each park to be 
prepared and made available to the public. The Secretary is 
also directed to develop and make publicly available five-year 
strategic plans and an annual performance plan for each park 
prepared pursuant to the Government Performance and Results 
Act.

    Title II--National Park System Resource Inventory and Management

    To meet resource stewardship responsibilities, the Vail 
Agenda recommended that park managers have solid natural 
resource and scientific information at their disposal to make 
sound resource management decisions. Title II would direct the 
Secretary of the Interior to establish a scientific research 
program for the NPS. S. 1693 directs the Secretary to enter 
into cooperative agreements with colleges and universities to 
establish cooperative study units to conduct multi-disciplinary 
and monitoring program to establish baseline information and 
information on long-term trends in the condition of park 
resources, and to utilize the information in park management 
decisions. This title also directs the NPS to implement a broad 
scientific research mandate to ensure that park managers have 
the highest quality science and information available when 
making resource management decisions.

 Title III--Study Regarding Addition of New National Park System Areas

    Initially composed only of isolated scenic and natural 
areas, the National Park System has grown to comprise of 376 
areas containing natural, cultural, and recreational resources 
across the nation. As directed by Congress in the General 
Authorities Act (16 U.S.C. 1a-5), the NPS studies areas to 
determine if they are nationally significant, and if so, 
whether they potentially could be added to the National Park 
System. New area studies may be initiated by the NPS or may be 
conducted in response to directives from Congress, and requests 
from other federal, state, or local agencies, or the private 
sector. Where new area studies are appropriate, the NPS 
establishes priorities and conducts studies as funds are 
available.
    Title III establishes NPS procedure for studying areas for 
potential addition to the National Park System and incorporates 
many of the concepts set forth in a related House bill, H.R. 
1728, which ensures that new areas recommended for addition to 
the National Park System are appropriate for inclusion. New 
area studies may be initiated by the NPS or may be conducted in 
response to resolutions from Congress, requests from other 
federal, state, or local agencies, or petitions from the 
private sector. Where new area studies are appropriate, the NPS 
establishes priorities and conducts studies as funds are 
available. In determining whether to recommend an area for 
inclusion in the National Park System, a potential area must: 
possess nationally significant natural, cultural or 
recreational resources; be a suitable and feasible addition to 
the National Park System; and require NPS management and 
administration instead of alternative protection by other 
agencies or the private sector. These criteria are designed to 
ensure that the National Park System includes only outstanding 
examples of the nation's natural, cultural, and recreational 
resources.
    This title also directs the Secretary of the Interior to 
develop annual lists for areas of possible inclusion into the 
park system. The Secretary will specify these areas in order of 
priority for addition into the National Park System.

                  Title IV--NPS Concessions Management

    When the Congress established Yellowstone National Park in 
1872, the legislation provided the Secretary of the Interior 
with authority to grant leases for ``the erection of buildings 
for the accommodation of visitors.'' This marked the beginning 
of private concession operations within National Parks, even 
before the creation of the NPS. Originally, the NPS provided 
for visitor services in parks by administrative action pursuant 
to general authority contained in the National Park Service 
Organic Act of 1916. Those authorities were formalized in 1950, 
when the Secretary of the Interior established official 
guidelines for concession operations. In 1965, Congress enacted 
Public Law 89-249, the Concessions Policy Act, which for the 
most part codified the Department's guidelines. Among the 
federal land managing agencies, only the NPS operates with 
specific concession legislative authority.
    Current National Park concession operations vary in size 
from small, family-owned businesses, to those operated by 
subsidiaries of large multi-national corporations. Services 
provided range from year-round luxury hotels and restaurants to 
seasonal canoe and boat rentals. While the total number of 
concession operations varies during the year, there are 
approximately 640 concessioners operating in 133 units of the 
National Park System. For the most part, concession permits are 
issued for smaller or seasonal operators while concession 
contracts tend to be used for larger, long-term operations. 
Approximately 200 concessioners operate pursuant to a 
concession contract and the remainder are covered by permits. 
In addition, over 3,000 businesses operate under ``incidental 
business permits'' issued by the NPS. These permits (which have 
replaced commercial use licenses) are not governed by the 
provisions of the Concessions Policy Act, and are issued to 
companies based outside of the park but which rely on park 
entry for their business, such as tour operators.
    The NPS is currently operating under regulations and 
standard contract language which emphasize a higher financial 
return to the federal government, increased competition, 
shorter contract terms, and the elimination or revaluation of 
possessory interest. The regulations and revised standard 
contract language became effective in 1992. As more contracts 
are implemented under the new regulations and standard contract 
language, the return to the federal government has steadily 
increased. In 1992 the total return to the NPS from concession 
operations was approximately $23 million, or 3.5 percent of 
gross revenues. The federal government's return can include the 
payment of franchise fees by a concessioner, the retirement of 
possessory interest, or the establishment of a ``park 
improvement account'' into which the concessioner makes 
deposits for use on park-related funding needs. In 1996 the 
total return (including all of the above) had increased to $48 
million, or 6.8 percent of gross revenues.
    Although the situation has improved, Title IV of S. 1693 
goes further and makes significant changes to NPS concession 
policies and, in fact, repeals the Concession Policy Act of 
1965. These changes, for example, would direct the Secretary to 
award concession contracts through a competitive selection 
process.
    Furthermore, most incumbent concessioners would no longer 
be granted a preferential right to renew their contract, and no 
concessioner would be granted a preferential right to provide 
new or additional services. However, concessioners with 
contracts authorizing outfitter and guide services and those 
with contracts with gross annual revenues of less than $500,000 
would be entitled to retain a preferential right of renewal, as 
long as the concessioner operated satisfactorily during the 
previous contract term and had submitted a responsive proposal. 
However, the contract renewal provision for outfitters and 
guides is meant only for those contracts which solely authorize 
these provided services.
    Title IV also provides that a concessioner would be 
entitled to an interest in newly-built facilities equal to the 
concessioner's construction cost, with annual adjustments for 
inflation based on the Consumer Price Index. This interest, 
termed as a ``leasehold surrender interest,'' will not be 
depreciated over time, other than adjustments for wear and 
tear. Title to all structures will remain in the United States. 
A concessioner would be entitled to receive payment for the 
leasehold surrender value from the United States or a successor 
concessioner, in cases where the incumbent is not awarded a 
subsequent contract. A concessioner with an existing possessory 
interest will be entitled to compensation for that interest 
upon contract expiration or termination in an amount described 
in such contract or otherwise provided by law. In cases where 
the prior concessioner is awarded the new concessions contract, 
the concessioner will now have a leasehold surrender interest 
in lieu of a possessory interest. This leasehold surrender 
interest will be an amount equal to the value of the existing 
possessory interest as of the termination date of the existing 
contract.
    This title additionally allows the concessioner to set 
reasonable and appropriate rates and charges for facilities, 
goods, and services to the public. These rates and charges, 
however, are subject to the approval of the Secretary. 
Concessioner rates and charges may not exceed market rates and 
charges for comparable facilities, goods, and services after 
taking into account factors such as length of season, 
peakloads, and accessibility.
    This title also directs that 80 percent of the franchise 
fees are to be retained in special accounts and expended by the 
Secretary for park purposes, without further appropriation, in 
each unit where the fee was collected, and that 20 percent will 
be deposited in another special account for expenditure 
throughout the National Park System at the discretion of the 
Secretary, also without further appropriation.
    Title IV of S. 1693 provides for the establishment of a 
broad-based concessions advisory board to advise the Secretary 
on concession management activities. Among other things, the 
advisory board will advise and make recommendations to the 
Secretary regarding policies, programs, and how concession fees 
will be allocated within park units.
    In addition, this title directs the Secretary, to the 
maximum extent practicable, to contract with private entities 
to conduct health and safety inspections, quality control of 
concession operations, and analysis of appropriate prices set 
by a concessioner. Provisions also allow the Secretary to 
contract with private entities to assist the Secretary in 
financial aspects of contract prospectuses, guidelines for 
capital improvement program, and the conduct of annual audits 
of concession fee expenditures.

             title v--fees for use of national park system

    Title V extends the authority of the 1996 Recreational Fee 
Demonstration Program, which is scheduled to expire at the end 
of fiscal year (FY) 1999. Under this title, the program will be 
extended through FY 2005. This extension is granted solely to 
the NPS and also broadens the scope of the program to include 
all park units. Under the 1996 fee demonstration program, each 
agency could designate up to 100 demonstration sites. The FY 
1998 Department of the Interior appropriations law authorized 
the federal land management agencies to retain and expend all 
fee revenues without further appropriation, with 80 percent 
retained at the collecting site and 20 percent to be spent by 
the agency at other sites. The NPS has by far the largest fee 
collection program among the federal land management agencies. 
For FY 1999, the NPS estimates that it will collect 
approximately $132 million under the fee demonstration program.
    Under the demonstration program, the agencies are required 
to dedicate the majority of new recreation fee revenues to 
reducing identified backlogged maintenance, infrastructure, and 
resource management needs. It is the intent of the Committee 
that fees collected under this program will be expended 
primarily on the backlogged maintenance and infrastructure 
identified by the NPS and not be expended on peripheral 
expenditures such as employee salaries. In addition, some of 
the demonstration fee revenue will be reinvested in new 
collection methodologies and associated infrastructure to 
expand the fee collection capabilities to other areas. This 
title also broadens the scope of the program to include all 
park units, as well as system-wide fee projects.
    Title V of S. 1693 also directs the Secretary of the 
Interior and the Secretary of Agriculture to apportion the 
revenues from the sale of Golden Eagle Passports by private 
vendors. The revenues are to be apportioned among the agencies 
in the same ratio as admission fees collected by the 
participating agencies.

                Title VI--National Park Passport Program

    Title VI authorizes the Secretary of the Interior to issue 
a new ``National Park Passport'' which will authorize the 
holder unlimited access to every unit of the National Park 
System for a specified period of time. National Park Passports, 
which would cost $50, would be valid for one year from the date 
of purchase. The NPS has indicated a desire to try and market 
these type of ``collectible'' passports by issuing a stamp, 
which will be selected by a competitive process, along with the 
passport. The passport will also bring a greater awareness to 
the public about the benefits of purchasing an annual pass. All 
revenues collected from the sale of these passports would 
remain available for expenditure within the National Park 
System. The existing Golden Eagle Passport program, which also 
allows for unlimited annual access to park and other federal 
recreation fee areas, would not be affected by this program. 
However, this title does extend the authority to sell the 
Golden Eagle Passport outside of the United States through 
commercial tourism channels and consulates.

              Title VII--National Park Foundation Support

    The National Park Foundation is the official non-profit 
partner of the NPS. Created by Congress in 1967, the Foundation 
raises support from corporations, foundations, and individuals 
to preserve and enhance America's National Parks. The National 
Park Foundation has raised $53 million in the past 30 years for 
the National Park System with donations from both concerned 
individuals and special partnerships that the Foundation has 
developed with corporations and private foundations. In the 
past fiscal year the National Park Foundation distributed a 
total of $9.3 million to National Park units, including over 
$320,000 to Yellowstone National Park. Through the first nine 
months of this fiscal year, the Foundation has directed over 
$10 million to benefit National Park System.
    The Foundation has found that while a few corporate 
entities and private foundations tend to support NPS programs 
on a national scale, the majority of corporate sponsors, 
private foundations and concerned individuals tend to direct 
their philanthropic support to local site-specific parks. While 
there are parks with very active park ``friends'' groups that 
are adept in raising funds from the private sector to support 
and augment individual park programs, there are many park 
support groups who lack expertise to initiate a program to 
encourage philanthropic support. This title would amend the 
National Park Foundation's enabling legislation to authorize 
the Foundation to develop a program to encourage and assist 
local non-profit organizations in increasing fundraising for 
individual park areas.

                  Title VIII--Miscellaneous Provisions

United States Park Police

    The United States Park Police (USPP) has responsibilities 
for providing law enforcement services within the District of 
Columbia, as well as on other federal reservations in the 
Washington metropolitan area, New York, and San Francisco. The 
USPP Aviation Program provides law enforcement, medical 
evacuation, rescue, and other emergency services 24 hours a 
day, seven days a week. In 1997, the District of Columbia 
metropolitan police eliminated its aviation program leaving the 
USPP with the only aviation program within the Nation's 
capital. However, one of the USPP's helicopters has more than 
3,200 flight hours, while another has more than 7,600 flight 
hours. The Department of the Interior's Office of Aircraft 
Services recommends replacement of helicopters at 5,000 flight 
hours.
    The USPP program base funds are used to fund a separate 
equipment replacement program. Years of budget reductions and 
program deferrals within their base funds have, for the most 
part, depleted the USPP's equipment replacement program. The 
USPP is also facing other significant funding needs. For 
example, the National Telecommunications and Information 
Administration has mandated that all federal agencies must 
switch to digital narrowband radio frequencies by 2004. The 
Department of the Interior has ordered all of its bureaus to 
convert east coast operations to the narrowband frequencies by 
1999. To meet this requirement, the USPP needs to replace its 
entire radio system, including two transmitter sites, 14 
satellite receiver sites, four consoles, and 250 mobile radio 
units. Because of the problems faced by the USPP, this title 
directs the Secretary of the Interior to conduct a study of law 
enforcement needs in the NPS, including a separate report of 
the USPP needs.

Leases and cooperative management agreements

    With the exception of Redwood National Park, the NPS is not 
authorized to enter into cooperative agreements with state, 
local, or other public entities to acquire from or provide to 
goods and services for the cooperative management of lands that 
are contiguous to federal properties. This title provides the 
NPS with generic authority to enter into cooperative management 
agreements with state or local park agencies.
    The NPS began leasing historic properties in 1982, in 
accordance with the 1980 amendments to the National Historic 
Preservation Act. By law, the NPS is limited to leasing 
historic buildings, structures, and lands designated as 
historic. This title would broaden the leasing authority to 
enable the NPS to lease any structure located on park land, so 
long as the lease is for an activity which is consistent with 
park purposes and programs, and will not result in any 
degradation in park values.

                            Committee Action

    S. 1693 was introduced on March 27, 1998, by Senator Craig 
Thomas (R-WY). Senate hearings were held on S. 1693 on April 1, 
1998, May 7, 1998, and May 14, 1998. On May 20, 1998, the 
Senate Committee on Energy and Natural Resources ordered S. 
1693 favorably reported with an amendment in the nature of a 
substitute (see Senate Report 105-202). On June 11, 1998, S. 
1693, as amended, was passed by the Senate by unanimous consent 
with an amendment to the title.
    In the House of Representatives, S. 1693 was referred to 
the Committee on Resources, and within the Committee, to the 
Subcommittee on National Parks and Public Lands. On June 23, 
1998, the Subcommittee met to consider S. 1693 which was 
reported without recommendation to the Full Committee by voice 
vote. The Full Resources Committee met on August 5, 1998, to 
consider S. 1693. Congressman James V. Hansen (R-UT) offered an 
amendment in the nature of a substitute. Ten amendments to the 
substitute were offered. Congressman George Miller (D-CA) 
offered an amendment to strike section 405 of the amendment in 
the nature of a substitute, which dealt with protection of 
concessioner investment. The amendment failed in a rollcall 
vote of 21 to 22, as follows:


    Congressman Peter DeFazio (D-OR) offered an amendment to 
strike the National Park Passport Program. The amendment failed 
by voice vote. Congressman Sam Farr (D-CA) offered an amendment 
regarding the availability of National Park units for 
scientific study and benefit-sharing arrangements. The 
amendment was ruled non-germane.
    The seven amendments which were adopted by voice vote were: 
(1) offered by Congressman George Miller which struck the 
exception for pending contract solicitations; (2) offered by 
Congressman Joel Hefley (R-CO) which included Congressional 
resolutions and public petitions as part of new area study 
considerations; (3) offered by Congressman Hefley which struck 
the section authorizing commercial filming fees in national 
parks; (4) offered by Congressman Sam Farr which authorized the 
Secretary to enter into benefits-sharing agreements; (5) 
offered by Congressman Bruce Vento (D-MN) which authorized the 
Secretary to expend franchise fees without further 
appropriation; (6) offered by Congressman George Miller which 
included nonprofit institutions as part of the commercial use 
authorization limitations; and (7) offered by Delegate Eni 
Faleomavaega (D-AS) which included Native Samoans as part of 
the promotion of the sale of native peoples handicrafts. The 
amendment in the nature of a substitute offered by Congressman 
Hansen, as amended, was adopted by voice vote. S. 1693, as 
amended, was then ordered favorably reported to the House of 
Representatives by voice vote.

                      Section-by-Section Analysis

Section 1. Short title; table of contents
    Section 1 (a) contains the bill's short title, the National 
Parks Omnibus Management Act of 1998.
    Subsection (b) displays the table of contents.
Section 2. Definition
    Section 2 defines the term ``Secretary of the Interior''.

    Title I--National Park Service Career Development, Training and 
                               Management

Section 101. Protection, interpretation, and research in the National 
        Park System
    Section 101 directs the Secretary of the Interior to 
continually improve the ability of the NPS to provide state-of-
the-art management, protection, interpretation, and research on 
National Park System resources.
Section 102. National Park Service employee training
    Section 102 requires the Secretary to develop a NPS-wide 
comprehensive training program for all professional areas of 
employment in the National Park Service.

Section 103. Management development and training

    Section 103 directs the Secretary to develop a clear plan 
for management training and development plan, where career 
professional employees from all fields can qualify for 
management positions, including superintendent of a unit of the 
National Park System.

Section 104. Park budgets and accountability

    Section 104(a) directs each park unit to prepare and make 
available to the public an annual performance plan and 5-year 
strategic plan developed under the Government Performance and 
Results Act. It is the Committee's intent that the performance 
plan be linked with the park operating budget.
    Subsection (b) describes the specific components that are 
to be included in the annual park budget.

    Title II--National Park System Resource Inventory and Management

Section 201. Purposes

    Section 201 sets forth the purposes of the title, which are 
to enable the NPS to more effectively achieve its mission, to 
enhance management and protection of park resources, and to use 
the scientific information gathered for management purposes.

Section 202. Research mandate

    Section 202 directs the Secretary to assure that there is a 
broad program for scientific research and data collection 
available for use in managing the units of the National Park 
System.

Section 203. Cooperative agreements

    Section 203(a) directs the Secretary to utilize cooperative 
agreements with colleges and universities, including land grant 
schools, order to establish university-based cooperative study 
units for multi-disciplinary research on both the parks and the 
larger regions of which they are a part.
    Subsection (b) requires a report to the appropriate 
Committees of Congress within one year on the progress in 
establishing these cooperative study units.

Section 204. Inventory and monitoring program

    Section 204 directs the Secretary to undertake a program, 
coordinated with other such efforts, of inventorying and 
monitoring park resources to develop baseline information on 
the trends and conditions of the resources.

Section 205. Availability of scientific study

    Section 205(a) authorizes the Secretary to solicit and 
consider requests from other public or private entities or 
individuals to conduct scientific study activities in park 
units.
    Subsection (b) describes the criteria that the Secretary is 
to apply in considering whether to approve requests for 
scientific study. Specifically, the proposed study activity 
must be consistent with applicable NPS laws and management 
policies and must not pose a significant threat to park 
resources or public enjoyment of the park.
    Subsection (c) authorizes the Secretary to waive park 
entrance fees for study activities.
    Subsection (d) authorizes the Secretary to enter into 
negotiations with the research community and private industry 
in regard to benefits-sharing arrangements.

Section 206. Integration of study results into management decisions

    Section 206 requires the Secretary to incorporate the 
results of scientific research into park management decisions, 
and requires the NPS to document when resource impairment may 
occur because of NPS actions, and whether the results of 
research were taken into account in proposing the action. For 
example, the administrative record for those actions taken by 
the NPS which are causing significant adverse effects must 
reflect how resource studies have been taken into account. 
However, it is the intent of the Committee that this section is 
not to be construed as an additional administrative requirement 
to produce an environmental assessment, environmental impact 
statement, or any other additional documentation like that 
required for the National Environmental Policy Act (NEPA) or 
other authorities akin to NEPA. Further, this section does not 
create any other environmental standard that is to be met by 
the NPS.

Section 207. Confidentiality of information

    Section 207 gives the Secretary the discretion to withhold 
information on the location of park natural and cultural 
resources from the public whenever the Secretary determines 
that disclosing the information would jeopardize the integrity 
of the resources.

 Title III--Study Regarding Addition of New National Park System Areas

Section 301. Short title

    Section 301 contains the short title, the National Park 
System New Areas Studies Act.

Section 302. Purpose

    Section 302 defines the purpose to reform the process by 
which areas are considered for addition to the National Park 
System.

Section 303. Study of additional new National Park System areas

    Section 303 amends the National Park Service General 
Authorities Act (16 U.S.C. 1a-5) by requiring the Secretary to 
submit an annual list of areas for potential inclusion into the 
National Park System and also identifying criteria to be 
considered by the NPS in compiling the annual list, including 
areas of national significance, themes and sites not adequately 
represented, and resolutions from Congress and public 
petitions. This subsection further places no limit on the 
authority of the NPS to conduct preliminary studies if they 
require an expenditure of less than $25,000.
    The section further requires the Secretary to complete 
studies for additional area inclusions within three fiscal 
years following the date that funds are first made available to 
conduct the study and establishes the factors to be used by the 
NPS in conducting the study.
    The section also authorizes the Secretary to designate a 
new area study office. Finally, the section requires the 
Secretary to submit to the appropriate Congressional Committees 
an annual list of areas which have been previously studied in 
order of priority for addition into the National Park System. 
This priority means that the potential areas for inclusion will 
be compared and then tabulated in terms the natural or cultural 
significance, rarity, integrity, threats, and other such 
factors. This comparison and priority will assist the 
Congressional Committees in reviewing those areas which are 
truly appropriate and suitable for inclusion. For carrying out 
this title, $2 million is authorized to be appropriated for 
each fiscal year.

         Title IV--National Park Service Concessions Management

Section 401. Short title

    Section 401 contains the short title, the National Park 
Service Concessions Management Improvement Act of 1998.

Section 402. Congressional finding and statement of policy

    Section 402 sets out Congressional findings and statements 
of purposes. This section basically remains unchanged from the 
1965 Concessions Policy Act. The Committee considers that 
fundamental policies regarding concession activities in units 
of the National Park System as expressed in the 1965 Act are 
still valid, and are as follows: (1) visitor accommodations, 
facilities and services should be provided only under carefully 
controlled safeguards so that visitation will not unduly impair 
park resources and values; (2) development of such facilities 
is best limited to locations where the least damage to park 
values will occur; and (3) such development shall be limited to 
that which is consistent to the highest degree practicable with 
the conservation of the resources and values of the park units.

Section 403. Award of concession contracts

    Section 403 sets out new policies and procedures requiring, 
in most circumstances, the competitive award of NPS concession 
contracts. This is a change from the 1965 Act and previous law 
which does not require a fully competitive process in the award 
of concession contracts.
    Paragraph (1) requires that concession contracts be awarded 
on a competitive basis, except as provided by this title or 
otherwise authorized by law, to the bidder submitting the best 
proposal, as determined by the Secretary. In developing 
procedures for the competitive selection process the Secretary 
is directed to develop simplified procedures for small, 
individually-owned concessions.
    Paragraph (2) establishes public notice requirements for 
the solicitation of concession proposals, including, but not 
limited to, publication in local or national newspapers and/or 
the Commerce Business Daily, as appropriate.
    Paragraph (3) states the kinds of information to be 
included in prospectuses for concession contract opportunities, 
including the terms and conditions of the new contract; an 
estimate of the amount of compensation, if any, due to be paid 
to a prior concessioner by a new concessioner; and, where 
applicable, a description of the preferential right to award of 
the contract held by a prior concessioner.
    Paragraph (4) describes the minimum concession contract 
proposal requirements, including franchise fees or other forms 
of monetary consideration due the government under the 
contract, the capital investment required of the concessioner, 
and measures necessary to ensure the protection of park 
resources. It also requires the Secretary to reject any 
proposal, regardless of the franchise fee offered, if the 
Secretary determines that the submitter is not qualified to 
properly operate the facilities, is not likely to provide 
satisfactory service, or if the proposal is not responsive to 
the objectives of protecting park resources and of providing 
necessary and appropriate facilities and services to the public 
at reasonable rates. The paragraph further provides that if all 
proposals submitted are rejected by the Secretary or do not 
meet the minimum requirements of the prospectus, the Secretary 
must reinitiate the competitive selection process. Finally, the 
paragraph prohibits the Secretary from executing a concession 
contract which materially amends or does not incorporate the 
terms and conditions contained in the prospectus. If material 
changes to those terms and conditions are proposed after 
selection of a proposal, the Secretary is required to resolicit 
offers for the concession contract incorporating the changed 
terms and conditions.
    Paragraph (5) sets forth the principal factors the 
Secretary is to utilize in selecting the best proposal received 
in response to a concession contract prospectus, including: (1) 
the responsiveness of the proposal to the objectives of 
protecting park resources and values and of providing necessary 
and appropriate facilities and services to the public at 
reasonable rates; (2) the experience and related background of 
the person, corporation, or entity submitting the proposal, 
including but not limited to, the past performance and 
expertise of such person, corporation or entity in providing 
the same or similar facilities or services; (3) the financial 
capability of the person, corporation or entity submitting the 
proposal; and (4) the proposed franchise fee, although the 
consideration of revenue to the United States is to be 
subordinate to the objectives ofprotecting and preserving park 
resources and of providing necessary and appropriate facilities to the 
public at reasonable rates. Within the competitive selection process, 
it is the intent of the Committee that the Secretary, when reviewing 
the principle factors for selecting the best proposal, give substantial 
consideration and weight to the experience, background, and past 
performance of those submitting the proposal. The proven and acceptable 
experience and expertise the prospective concessioner exhibits in 
providing the goods or services to the public should be regarded as 
highly important to the selection of the best proposal.
    This paragraph also authorizes the Secretary to consider 
such secondary factors as the Secretary deems appropriate and 
directs that in developing implementing regulations for this 
title, the Secretary is to consider the extent to which plans 
for employment of Indians and 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.
    Paragraph (6) requires the Secretary to submit any proposed 
concession contract with anticipated annual gross receipts in 
excess of $5 million or a duration of ten years or more to the 
Committee on Energy and Natural Resources of the United States 
Senate and the Committee on Resources of the United States 
House of Representatives and provides that the Secretary is not 
to award any contract within this category until at least 60 
days subsequent to the notification of both Committees.
    Paragraph (7) states that except as provided in paragraph 
(7)(B) (relating to outfitting and guide contracts and small 
operations) the Secretary shall not grant a preferential right 
of renewal, or any other form of preference to a concession 
contract.
    The term ``preferential right of renewal'' (for contracts 
specified in paragraph (8)) is defined to mean that the 
Secretary 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. The right is 
contingent on a determination by the Secretary that the 
facilities or services authorized under the prior contract 
continue to be necessary and appropriate.
    Under the 1965 Act, all satisfactory concessioners are 
entitled to preference in renewal of their concession contracts 
or permits. However, in light of the current circumstances of 
the National Park System and in recognition of current business 
conditions, the Committee considers that generally there is now 
no need to provide a preferential right of renewal to 
concessioners to obtain qualified operators. Accordingly, to 
foster appropriate competition in the award of NPS concession 
contracts, the preferential right of renewal provided as a 
statutory right to existing concessioner under the 1965 Act is 
repealed by S. 1693. However, as discussed with respect to 
paragraph (8) below, a preferential right of renewal is 
maintained for two categories of concession contracts.
    Paragraph (8) provides a preferential right to renewal to: 
(1) concession contracts authorizing outfitting and guide 
services; and (2) concession contracts with anticipated annual 
gross receipts of less than $500,000. This provision should not 
be construed to include concessioners who have outfitting and 
guiding services as part of a larger contract or who have 
outfitting and guiding as part of their business function.
    Paragraph (8)(B) defines an outfitter and guide 
concessioner as a concessioner holding a concession contract 
which solely authorizes the provision of specialized 
backcountry outdoor recreation guide services which require the 
employment of specially trained and experienced guides to 
accompany park visitors in the backcountry so as to provide a 
safe and enjoyable experience for visitors who otherwise may 
not have the skills and equipment to engage in such activity. 
The paragraph also describes the types of operations that 
qualify as outfitters and guides, including concessioners which 
provide guided river running, hunting, fishing, horseback, 
camping, and mountaineering experiences. The fact that a 
concessioner is entitled to a preferential right of renewal 
with respect to a contract under this subsection does not 
qualify the concessioner for such a preferential right of 
renewal for any other contracts the concessioner may hold which 
are not for the provision of outfitting and guide services or 
which exceed $500,000 in annual gross revenues.
    Under paragraph (8), to be entitled to a preferential right 
of renewal, an otherwise qualified concessioner must also: (1) 
hold a concession contract which does not grant the 
concessioner any interest in capital improvements on lands 
owned by the United States within an area of the National Park 
System (subject to a grandfather clause with respect to capital 
improvements constructed by a concessioner pursuant to the 
terms of a concession contract prior to the effective date of 
this title); (2) have operated satisfactorily, as determined by 
the Secretary, during the term of the prior contract; and (3) 
have submitted a responsive proposal for a proposed new 
contract which satisfies the minimum requirements established 
by the Secretary. The Committee notes that there may be some 
instances where a concessioner has an interest in an 
improvement that was not constructed pursuant to a concession 
contract, for example, where a structure was built prior to the 
establishment of the park unit, or for other minor structures. 
The Committee intends that these structures are not 
inconsistent with the provisions of this paragraph.
    The Committee notes that outfitters and guides often 
operate within any specific year on lands administered by the 
NPS, Forest Service, Bureau of Land Management, and a state. 
This is particularly true in Alaska. Currently the NPS 
determines the fees for outfitters and guides on a percentage 
of actual use of lands under its jurisdiction, which results in 
a burdensome and complex accounting system. The Committee 
encourages the Secretary to consider utilizing the fee system 
used by the U.S. Fish and Wildlife Service, which employs a 
``fixed fee per man-day of use'' schedule.
    National Park System units in Alaska are governed, in part, 
by provisions of the Alaska National Interest Lands 
Conservation Act (ANILCA), in addition to the other laws 
governing the management and administration of units of the 
National Park System. The Committee encourages the Secretary to 
ensure that all park superintendents working in the State of 
Alaska are well versed in and use the applicable provisions of 
ANILCA.
    Paragraph (8)(C) maintains the preferential right of 
renewal for concession contracts withanticipated annual gross 
revenues of less than $500,000 where: (1) the Secretary has determined 
that the concessioner operated satisfactorily during the term of the 
prior contract; and (2) the concessioner submitted a responsive 
proposal for a proposed new concession contract which satisfies the 
minimum requirements established by the Secretary.
    The Committee considers it appropriate to extend a 
statutory preference in renewal to these two categories of 
concessioners. With respect to outfitter and guide 
concessioners, it is important to encourage the continuity of 
concessioner operations because of the need to encourage the 
retention of the highly-skilled guides necessary to provide a 
safe and enjoyable experience to backcountry visitors who 
desire expert assistance. With respect to concessioners where 
the concession contract is expected to gross less than 
$500,000, the Committee considers that encouragement of 
operations of concessioners with this modest level of revenue 
is appropriate and that, in light of the small investment 
generally necessary to make a proposal for such a business, 
there will be an adequate level of competition for such a 
concession contract even under the preference to renewal.
    Paragraph (9) provides that the Secretary shall not grant a 
preferential right to a concessioner to provide new or 
additional services in a park area. This is a change to the 
1965 Act, in the interest of enhanced competition. The 1965 Act 
authorizes the Secretary, under the terms of a contract, to 
grant such preferential right of first refusal to an existing 
concessioner to new or additional services during the term of 
its contract. Although preferential right of contract renewal 
shall not be granted to a concessioner providing new or 
additional services, this should not be construed to prohibit 
the Secretary from making minor modifications to a contract 
which are reasonable extensions of that existing contract. It 
is noted by the Committee that the NPS is to retain sufficient 
authority to modify contracts, either existing or new, to 
authorize concession contract holders to provide additional or 
expanded services that are reasonable extensions of services 
the holder already provides. As an example, the Secretary 
should not be prohibited from granting a contract modification 
to a concessioner who is providing recreational boats to the 
public because of adding more boats or jet skis at that same 
facility.
    Paragraph (10) makes clear that nothing in this title, 
including the granting of a preferential right of renewal in 
certain instances, limits the authority of the Secretary to 
determine whether to issue a concession contract or to 
establish its terms and conditions in furtherance of the 
policies expressed in this title.
    Paragraph (11) authorizes the non-competitive award of 
concession contracts without public solicitation in two very 
limited circumstances. First, the Secretary may award, without 
public solicitation, a temporary concession contract or extend 
an existing concession contract for a term not to exceed three 
years to avoid interruption of services to the public at a 
park. However, prior to making such an award, the Secretary 
must take all reasonable and appropriate steps to consider 
alternatives to avoid the interruption. Second, the Secretary 
may award, without public solicitation, a concession contract 
in compelling equitable circumstances which require the award 
of a concession contract to a particular party in the public 
interest. Both types of non-competitive awards require 30 days 
advance notice in the Federal Register, including an 
explanation of the reasons for such an award.
    The Committee emphasizes that this authority for the non-
competitive award of a concession contract without public 
solicitation is to be very narrowly exercised by the Secretary. 
All feasible and prudent measures should be taken by the 
Secretary to avoid having to award temporary concession 
contracts to avoid interruption of services of visitors. In 
addition, occasions where the Secretary determines that 
compelling equitable circumstances warrant award of a 
concession contract to a particular party in the public 
interest should be extremely rare. Undisputable equitable 
concerns are to be the determinant of such circumstances. For 
example, the Committee considers that use of this authority for 
one contract term would be appropriate where a new park unit or 
land is added to the National Park System and an existing 
business is providing visitor services that the Secretary 
wishes to continue. Another example where the use of such 
authority would be appropriate is where a concession contract 
is held by a sole proprietor, and upon, the proprietor's death, 
the surviving spouse wishes, and is qualified, to continue the 
business.

Section 404. Term of concession contracts

    Section 404 establishes concession contracts for a term of 
ten years or less, although 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. It 
is the Committee's intent that the term of a concession 
contract should be consistent with providing the concessioner a 
reasonable business opportunity.

Section 405. Protection of concessioner investment

    Section 405 provides for the protection of concessioner 
investments and that a concessioner shall have a leasehold 
surrender interest in capital improvements it makes under the 
terms of a concession contract.
    Subsection (a) states that a concessioner which, after the 
effective date of this title, constructs a capital improvement 
upon land owned by the United States within a unit of the 
National Park System pursuant to a concession contract shall 
have a leasehold surrender interest in the capital improvement, 
subject to certain terms and conditions. The leasehold 
surrender interest is to constitute a right, consisting solely 
of a right to compensation for the capital improvement, to the 
extent of the value of the concessioner's leasehold surrender 
interest.
    A leasehold surrender interest: (1) may be pledged as 
security for financing of a capital improvement or the 
acquisition of a concession contract when approved by the 
Secretary; (2) shall be transferred by the concessioner in 
connection with any transfer of the concession contract and may 
be relinquished or waived by the concessioner; (3) shall not be 
extinguished by the expiration or other termination of a 
concession contract and may not be taken for public use except 
on payment of just compensation.
    The value of a leasehold surrender interest in a capital 
improvement is to be 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 PriceIndex, from the 
date of making the investment in the capital improvement by the 
concessioner, less depreciation of the capital improvement as evidenced 
by the condition and prospective serviceability in comparison with a 
new unit of like kind.
    Where a concessioner, pursuant to the terms of a concession 
contract, makes a capital improvement to an existing capital 
improvement in which the concessioner has a leasehold surrender 
interest, the cost of such additional capital improvement is to 
be added to the then current value of the concessioner's 
leasehold surrender interest.
    The Committee notes that certain concession contracts 
awarded under the 1965 Concessions Policy Act (Public Law 89-
249) provide the concessioner with a ``possessory interest'' in 
capital improvements made by the concessioner on park lands 
within the boundaries of a unit of the National Park System. 
Such possessory interest is, in several ways, similar to the 
surrender leasehold interest established in section 405. 
However, there are significant differences, and, accordingly, 
subsection (b) provides a special rule for converting 
possessory interest under prior concession contracts to a 
leasehold surrender interest under this title.
    Specifically, subsection (b) provides that a concessioner 
which has obtained a possessory interest as defined by the 1965 
Act under the terms of a concession contract entered into prior 
to the date of enactment of this title, shall, upon the 
expiration or termination of the contract: (1) be entitled to 
receive compensation for such possessory interest improvements 
in the amount and manner as described by the prior concession 
contract or otherwise provided by law; and (2) in the event 
such prior concessioner is awarded a new concession contract 
concerning the same facilities and services after the effective 
date of this title, the existing concessioner, instead of 
directly receiving possessory interest compensation, is to have 
a leasehold surrender interest in its existing possessory 
interest improvements under the terms of the new contract. The 
leasehold surrender interest is to be an amount equal to the 
value of the existing possessory interest as of the termination 
date of the prior contract and shall carry over as the initial 
value of the leasehold surrender interest (instead of 
construction cost). In the event of a dispute between the 
concessioner and the Secretary as to the value of such 
possessory interest, the matter is to be resolved through 
binding arbitration. In regard to the use of binding 
arbitration, the Committee notes that binding arbitration is a 
legitimate and legal avenue to settle or resolve disputes 
between the Secretary or NPS and a concession contract holder. 
Within the arbitration, the concession contract holder may seek 
equitable and legal remedies pursuant to its contract and 
existing law before a United States District Court.
    The subsection also provides that, in circumstances where a 
new concessioner is awarded a concession contract and is 
required to pay a prior concessioner for possessory interest in 
prior improvements, the new concessioner shall have a leasehold 
surrender interest in such improvements and the initial value 
in such leasehold surrender interest (instead of construction 
cost) is to be the value of the possessory interest as of the 
termination date of the prior contract (the amount of money the 
new concessioner was required to pay the prior concessioner for 
its possessory interest under the terms of the prior contract).
    Subsection (c) states that, upon expiration or termination 
of a concession contract entered into after the effective date 
of this title, a concessioner is entitled under the terms of 
the concession contract to receive from the United States or a 
successor concessioner the value of any leasehold surrender 
interest in a capital improvement as of the date of such 
expiration or termination. The next concessioner, if any, 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) is to be the amount of money the 
new concessioner is required to pay the prior concessioner for 
its leasehold surrender interest under the terms of the prior 
concession contract.
    Subsection (d) provides that title to any capital 
improvement constructed by a concessioner on lands owned by the 
United States in a unit of the National Park System is to be 
vested in the United States.
    The Committee considers that the leasehold surrender 
interest described by this section will provide concessioners 
with adequate security for investments in capital improvements 
they make. This will assist in encouraging such investment in 
visitor facilities in the National Park System. However, the 
value of a leasehold surrender interest, i.e., the original 
construction cost, less depreciation as evidenced by physical 
condition and prospective serviceability, plus what amounts to 
interest on the investment based on the Consumer Price Index, 
should accurately reflect the real value of the improvements 
and should not result in any undue compensation to a 
concessioner upon expiration of a concession contract. 
Additionally, the value of the leasehold surrender interest 
will be relatively easy to estimate so that a prospective new 
concessioner and the Secretary can accurately calculate the 
amount for purposes of competitive solicitation of concession 
contracts.
    In this regard, possessory interest as authorized by 1965 
Act has frequently been criticized as anti-competitive, 
because, in many older concession contracts, the value of an 
existing concessioner's possessory interest was difficult to 
estimate, thereby discouraging submittal of competitive offers 
for renewal of concession contracts. It is the Committee's 
opinion that the leasehold surrender interest approach 
addresses this concern.
    Subsection (e) defines ``Consumer Price Index'' and 
``capital improvement'' as used in this section.

Section 406. Reasonableness of rates

    Section 406 addresses the rates and charges concessioners 
require in providing facilities, goods, and services to the 
public.
    Subsection (a) allows the concessioner to set reasonable 
and appropriate rates and charges to the public, subject to the 
provisions of subsection (b).
    Subsection (b) requires that the rates and charges set by 
the concessioner be approved by the Secretary. The approval 
process must be prompt and not burdensome to the concessioner. 
Unless otherwise provided in the contract, the determination by 
the Secretary of rates and chargesis to be judged primarily by 
a comparison with those rates and charges for facilities and services 
of comparable character under similar conditions, with due 
consideration for length of season, peakloads, average percentage of 
occupancy, accessibility, availability and costs of labor and 
materials, type of patronage, and other factors deemed relevant by the 
Secretary. These rates and charges may not exceed market rates for 
comparable facilities, goods, or services after taking into account the 
factors listed above.
    Past problems have been identified in the timeliness of the 
NPS in approving changes in the rates and charges recommended 
to them by concessioners. Inaction by the NPS has been 
especially burdensome to seasonal concessioners where rates and 
charges are frequently approved after the visitor season has 
ended. Thus, an expedited process is necessary and it is the 
Committee's full expectation that the NPS will be able to 
review and approve concessioner's rates and charges withing 15 
days of receiving notice of such rates or charges.
    Subsection (c) authorizes that the rates and charges 
recommendations developed by the Advisory Board under section 
409(a) will be implemented by the Secretary no later than 6 
months after receiving these recommendations.

Section 407. Franchise fees

    Section 407(a) states that a concession contract shall 
provide for payment to the government of a franchise fee and/or 
other monetary consideration based on the probable value to the 
concessioner of the privileges granted by the particular 
contract involved. ``Probable value'' is defined as a 
reasonable opportunity for net profit in relation to capital 
invested and the obligations of the contract. However, 
consideration of revenue to the United States is to be 
subordinate to the objectives of protecting park areas and of 
providing adequate and appropriate services for visitors at 
reasonable rates.
    Subsection (b) provides that the amount of the franchise 
fee or other monetary consideration is to be specified in the 
concession contract and may only be modified to reflect 
extraordinary, unanticipated changes from the conditions 
anticipated as of the effective date of the contract. It also 
provides that the Secretary is to include in concession 
contracts with a term of more than five years a provision which 
allows reconsideration of the franchise fee at the request of 
the Secretary or the concessioner in the event of substantial, 
unanticipated changes. The provision is to 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. The Committee again 
recognizes the utility and legitimacy of binding arbitration as 
referenced in section 405(b) above.
    Subsection (c) states that all franchise fees (and other 
forms of monetary consideration paid to the government by 
concessioners) are to be deposited into a special account 
established in the Treasury. Twenty percent of the funds 
contained in the special account are to be available for 
expenditure by the Secretary, without further appropriation, to 
support activities throughout the National Park System, until 
expended.
    Subsection (d) provides that 80 percent of the funds are to 
be credited to a subaccount and shall be available for 
expenditure by the Secretary, also without further 
appropriation, for use at the National Park System unit for 
visitor services and to fund high-priority resource management 
programs and operations. These funds shall remain available 
until expended. The Committee considers that making such 
revenues available for expenditure will provide an incentive 
for the Secretary to obtain appropriate franchise fees and 
other forms of monetary consideration from concessioners and 
that these will, in effect, return to applicable park areas for 
the benefit of visitors.

Section 408. Transfer of concessions contracts

    Section 408 states that no concession contract or leasehold 
surrender interest may be transferred, assigned, sold, or 
otherwise conveyed or pledged by a concessioner without prior 
written notification to, and with the approval of, the 
Secretary.
    Subsection (b) requires the Secretary to approve the 
transfer or pledge unless the Secretary determines that: (1) 
the individual, corporation or entity seeking to acquire the 
concession contract is not qualified or not able to satisfy the 
terms and conditions of the concession contract; (2) the 
conveyance or pledge will have an adverse impact on the 
protection and conservation of park resources or the provision 
of necessary and appropriate facilities and services to 
visitors at reasonable rates and charges; and (3) the terms of 
the conveyance or pledge 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.
    Subsection (c) states that the terms and conditions of any 
contract under this section will not be subject to modification 
or open to renegotiation if such contract is transferred or 
conveyed unless this transfer would have an adverse impact as 
described in paragraph (2) of subsection (b).
    The Committee considers it essential as a matter of good 
business practice that a concessioner be able to sell its 
concession contract or pledge its assets for appropriate 
purposes but that the public interest must also be considered 
in such transactions. The Committee believes that section 408 
provides an appropriate balancing of these considerations.

Section 409. National Park Service Concessions Management Advisory 
        Board

    Section 409(a) establishes the National Park Service 
Concessions Management Advisory Board to advise the Secretary 
and NPS on matters relating to management of concessions.
    Subsection (b) spells out the duties of the Advisory Board 
and, among other matters, the Board is to advise on policies 
and procedures intended to assure that services and facilities 
provided by concessioners meet acceptable standards at 
reasonable rates with a minimum of impact on park resources and 
values, and provide the concessioners with a reasonable 
opportunity to make a profit. The Board is also to advise on 
ways to make NPS concessionprograms and procedures more cost 
effective, efficient, and less burdensome, including recommendations 
regarding NPS contracting with the private sector to conduct 
appropriate elements of concessions management, along with the 
allocation of concession fees, especially in terms of how these fees 
will be used in park units where facilities and infrastructure have 
fallen into disrepair. This subsection also requires that the Advisory 
Board submit to the Secretary its recommendations on rates and charges 
within one year of its first meeting and requires it to provide an 
annual report to the appropriate Congressional Committees.
    Subsection (c) states that the Advisory Board members shall 
be appointed by the Secretary on a staggered basis for a term 
not to exceed four years and is to be comprised of not more 
than seven individuals chosen 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 NPS concession. 
Of the seven members of the Board, one is to be privately 
employed in the hospitality industry with broad knowledge of 
hotel or food service management and experience in the parks or 
recreation business, one is to be privately employed in the 
tourism industry, one is to be privately employed in the 
accounting industry, one is to be privately employed in the 
outfitting and guide industry, one is to be a state government 
employee expert in park concession management, one is to be 
active in promotion of traditional arts and crafts, and one is 
to be active in a non-profit conservation organization involved 
in parks or recreation programs.
    Subsection (d) provides that the Advisory Board will 
terminate on December 31, 2008.
    Subsection (e) states that service on the Advisory Board is 
not to be considered as service or employment bringing such 
individual within the provisions of any federal law relating to 
federal employment.
    The Committee is concerned that the policies and practices 
of the NPS in managing concessions have become unduly 
bureaucratic in certain respects and do not reflect as well as 
they should contemporary business practices otherwise 
consistent with the conduct of a concession in an area of the 
National Park System. The Committee expects that the Advisory 
Board will provide the Secretary with appropriate advice in 
these areas so as to assist in improving the quality of NPS 
concessions management for the benefit of both concessioners 
and park visitors. The Committee encourages the Secretary to 
include a request in the Administration's annual budget to fund 
the operation of the Advisory Board and contractual services 
authorized by this title. In the interim, the Secretary is 
encouraged to fund the Advisory Board within existing funds.

Section 410. Contracting for services

    Section 410 directs the Secretary, to the maximum extent 
practicable, to contract with private entities to conduct the 
following elements of the management of the NPS concessions 
program suitable for non-federal fulfillment: (1) health and 
safety inspections; (2) quality control of concession 
operations and facilities; (3) strategic capital planning for 
concessions facilities; and (4) analysis of rates and charges 
to the public. Further, the Secretary may contract with private 
entities to assist in: (1) preparation of the financial aspects 
of concessions prospectuses; (2) development of guidelines for 
a park system capital improvement and maintenance program; and 
(3) recommendations regarding annual audits of concession fee 
expenditures. The Secretary is also to consider, taking into 
account the recommendations of the National Park Service 
Concessions Management Advisory Board, contracting out other 
elements of the concessions management program, as appropriate. 
However, the section also makes clear that it is not intended 
to diminish the governmental responsibilities and authority of 
the Secretary to administer concession contracts and activities 
pursuant to this title and the National Park Service Organic 
Act.

Section 411. Multiple contracts within a park

    Section 411 addresses multiple contracts within a park and 
states that the Secretary shall establish a comparable 
franchise fee structure for same of similar services at the 
same or similar location and also that existing contracts will 
not be open for modification or renegotiation because of a 
contract award at the same location or resource.

Section 412. Special rule for transportation contracting services

    Section 412 establishes a special rule for transportation 
contracting services which provides that a service contract 
entered into solely for providing transportation shall be no 
more than ten years in length with allowable five year 
extensions, notwithstanding any other provision of law. This 
provision is not to be construed to affect concession contracts 
in which transportation is an element or component part of the 
authorized service.

Section 413. Use of nonmonetary consideration in concessions contracts

    Section 413 states that 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.

Section 414. Recordkeeping requirements

    Section 414 establishes a recordkeeping requirement 
applicable to the concessioner and that the Secretary shall 
have access to such records. It also allows the Comptroller 
General access to all such records and contracts.

Section 415. Repeal of National Park Service Concessions Policy Act

    Section 415(a) repeals the Concessions Policy Act of 1965, 
Public Law 89-249, but provides that such repeal is not to 
affect the validity of any concession contract or permit 
entered into under Public Law 89-249 and that the provisions of 
this title are to apply to any such contract or permit except 
to the extent that such provisions are inconsistent with the 
terms and conditions of any Public Law 89-249 contract or 
permit.
    It is noted by the Committee that S. 1693 does not repeal 
the Randolph-Sheppard Act (20U.S.C. 107 et seq.) and nothing in 
this Act should be interpreted to eliminate, prohibit, or diminish 
provisions found in the Randolph-Sheppard Act.
    Subsection (b) makes certain conforming amendments to the 
1916 Park Service Organic Act (16 U.S.C. 3) necessary to 
reflect the provisions of this title.
    Subsection (c) makes clear that nothing in this title is 
intended to amend, supersede, or otherwise affect any provision 
of the Alaska National Interest Lands Conservation Act relating 
to revenue-producing visitor services.

Section 416. Promotion of the sale of Indian, Alaska Native, Native 
        Samoan, and Native Hawaiian handicrafts

    Section 416 provides for promoting the sale by 
concessioners of authentic Indian, Alaskan Native, Native 
Samoan, and Native Hawaiian handicrafts relating to the 
cultural, historical, and geographic characteristics of units 
of the National Park System. In addition, the Secretary is to 
ensure that there is a continuing effort to enhance the 
handicraft trade where it exists and establish the trade where 
it currently does not exist. To further these purposes, the 
revenue derived from the sale of United States Indian, Alaska 
Native, Native Samoan, and Native Hawaiian handicrafts is to be 
exempt from any franchise fee payments under this title.

Section 417. Regulations

    Section 417 directs the Secretary to adopt regulations as 
soon as practicable after the effective date of this title. 
Among other matters, the regulations are to 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 concession contracts 
for the purposes of seeking to reduce anticipated annual gross 
receipts of a concession contract below $500,000. The Secretary 
is also to further define the term ``United States Indian, 
Alaskan Native, Native Samoan, and Native Hawaiian 
handicrafts'' for the purposes of this title, taking into 
account the recommendations in this regard of the National Park 
Service Concessions Management Advisory Board. The Committee 
considers that the polices and procedures of this title as 
implemented by the Secretary's regulations are the governing 
requirements for concession contracts and that such contracts 
do not constitute contracts for the procurement of goods and 
services for the benefit of the government or otherwise.

Section 418. Commercial use authorizations

    Section 418(a) provides that certain types of visitor 
facilities and services in park units may be authorized by the 
Secretary under commercial use authorizations rather than 
concession contracts. In general, the Secretary, when 
requested, may authorize a private party to provide services to 
visitors to park areas through a commercial use authorization 
if the Secretary determines that the use will have minimal 
impact on park resources and values and is consistent with the 
purposes for which the unit was established and with all 
applicable management plans, park policies and regulations.
     Subsection (b) provides that in issuing such commercial 
use authorizations, the Secretary is to: (1) require payment of 
a reasonable fee, the fees to remain available without further 
appropriation to be used, at a minimum, to recover associated 
management and administrative costs; (2) require that the 
provision of services under such an authorization be 
accomplished in a manner consistent to the highest practicable 
degree with the conservation of park resources and values; (3) 
take appropriate steps to limit the liability of the United 
States arising from the provision of services under such an 
authorization; and (4) not issue more authorizations than are 
consistent with the conservation and proper management of park 
resources and values. In addition, the Secretary is to 
establish other conditions 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 National 
Park unit.
    Subsection (c) states that commercial use authorizations 
are to be limited to: (1) commercial operations with annual 
gross receipts of not more than $25,000 resulting from services 
originating and provided solely within a park; (2) the 
incidental use of park resources by commercial operations which 
provide services originating and terminating outside of the 
park's boundaries, provided that, such an authorization shall 
not provide for the construction of any structure, fixture, or 
improvement on federally-owned lands within the boundaries of 
the park; or (3) such uses by organized children's camps, 
outdoor clubs, nonprofit institutions, and other such uses the 
Secretary may deem appropriate. Nonprofit institutions are not 
required to obtain a commercial use authorization unless 
taxable income is derived by the institution from the 
authorized use.
    Subsection (d) states that any authorization issued under 
this section shall not provide for the construction of 
structures, fixtures, or improvements on federal land within 
the boundaries of the park unit.
    Subsection (e) provides that the term of any commercial use 
authorization shall not exceed two years and that no 
preferential right of renewal or similar provisions for renewal 
shall be granted by the Secretary.
    Subsection (f) allows private entities to submit proposals 
for concessions contracts if they are seeking or have a 
commercial use authorization.
    The Committee considers that commercial operations that 
meet the criteria of this section may appropriately be 
authorized under the less restrictive controls and conditions 
applicable to concession contracts because of their limited 
scope and impacts. However, the Committee also expects that the 
Secretary, in administering commercial use authorizations, will 
exercise due caution to assure that the statutory criteria set 
forth above are adhered to and that operations that properly 
should be treated as concession operations are not permitted 
under the terms of a commercial use authorization.

             Title V--Fees For Use of National Park System

Section 501. Extension of the Recreational Fee Demonstration Program

    Section 501(a) extends the duration of the Recreational Fee 
Demonstration Program for the NPS for six additional years, 
until September 30, 2005. It also broadens the scope of the 
program to include all units of the National Park System, and 
for system-wide fee programs. Currently, the fee demonstration 
fee program is limited to 100 sites.
    Subsection (b) states that fees collected under the 
Recreational Fee Demonstration Program shall be used by the NPS 
in a manner provided in section 315(c)(3) of the Department of 
the Interior and Related Agencies Appropriations Act of 1996 
(Public Law 104-134).
    Subsection (c) requires the Secretary to report to Congress 
on the status of the fee program conducted in park units. The 
report is to be submitted no later than September 30, 2000.
    Subsection (d) requires the NPS to provide public notice at 
least 12 months in advance of any new or increased fee.

Section 502. Other fees

    Section 502 provides that where the NPS or private entity 
under a service contract is providing transportation to all or 
a portion of any National Park System unit, the Secretary may 
impose a reasonable and appropriate charge to the public for 
the transportation provided in addition to any park admission 
fee. Both fees can be collected at the transportation staging 
area or other convenient location. This section further 
provides that the Secretary may have qualifying entities 
collect the fees and that such fees shall be retained in the 
unit where it was collected and shall be used only for costs 
associated with such transportation systems in that unit.

Section 503. Distribution of Golden Eagle Passport sales

    Section 503 directs the Secretary of Interior and the 
Secretary of Agriculture to enter into an agreement for the 
sharing of proceeds from the sale, by private vendors, of the 
Golden Eagle Passport. The section directs that the proceeds be 
divided among the agencies based on each agency's percentage of 
total admission fees collected during the previous fiscal year. 
The Committee notes that this revenue-sharing requirement is 
consistent with the original legislative authority authorizing 
the sale of Golden Eagle Passports by private vendors.

                Title VI--National Park Passport Program

Section 601. Purposes

    Section 601 states that the purposes of the title are to 
establish a new program to offer an annual passport and 
commemorative stamp for admission to units of the National Park 
System and to generate revenue for support of the National Park 
System.

Section 602. National Park Passport Program

    Section 602(a) directs the Secretary to establish a new 
National Park Passport program, including a collectible 
commemorative stamp.
    Subsection (b) states that the passport and stamp will be 
effective for admission to all National Parks for 12 months 
from the date of purchase.
    Subsection (c) states that the passport is non-
transferable.

Section 603. Administration

    Section 603(a) provides that the Secretary is to hold an 
annual competition for the stamp design, and that the 
competition be open to the public and used to educate the 
public about the National Park System.
    Subsection (b) authorizes sale of the National Park 
Passport and stamp through the NPS and by private vendors, on a 
consignment basis. These private vendors may collect a 
commission on each sale. The number of private vendors may be 
limited by the Secretary.
    Subsection (c) allows the Secretary to use up to ten 
percent of the sales proceeds of National Park Passports and 
stamps to administer the program and to promote both the 
passport and the National Park System. The subsection also 
establishes a special account in the Treasury into which all 
proceeds from sale of the park passports are to be deposited. 
These funds are to be made available to the NPS, without 
further appropriation, to be used for high priority visitor 
service and resource management projects.
    Subsection (d) authorizes the Secretary to enter into 
cooperative agreements with the National Park Foundation and 
others to develop and implement the passport program.
    Subsection (e) sets the fee for a National Park Passport 
and stamp at $50.

Section 604. Foreign sales of Golden Eagle Passports

    Section 604 directs the Secretary to make Golden Eagle 
Passports available to foreign visitors and travelers to the 
United States and provides that the Golden Eagle Passport can 
be offered for sale outside the United States through 
commercial tourism channels and consulates.

Section 605. Effects on other laws and programs

    Section 605 addresses effects on other laws and programs 
and makes clear that a passport is not required for persons 
wishing to purchase a single visit admission to a park, or for 
holders of Golden Age or Golden Access Passports. In addition, 
the Golden Eagle Passport continues to be valid for unlimited 
admission to units of the National Park System. Further, this 
section states that the National Park Passport provides access 
to every National Park System unit under the same conditions, 
rules, and regulations, as applied to the Golden Eagle 
Passport, that the National Park Passport cannot be used to 
gain access to other federal recreation fee areas outsideof the 
National Park System, and that the National Park Passport does not 
exempt the holder from or provide the holder a discount on any other 
recreation use fee imposed under the Land and Water Conservation Fund 
or the Recreational Fee Demonstration Program.

            Title VII--National Park Foundation Park Support

Section 701. Promotion of local fundraising support

    Section 701 amends the National Park Foundation enabling 
legislation (Public Law 90-209) to authorize the Foundation to 
design and implement a comprehensive program to assist and 
promote philanthropic programs to support individual park 
units. The purpose of the program developed by the Foundation 
is to assist in the creation of local non-profit support 
organizations and provide support for those organizations. The 
Foundation shall report the progress of the program in an 
annual report.

                  Title VIII--Miscellaneous Provisions

Section 801. United States Park Police

    Section 801 directs the Secretary of the Interior to 
appoint a task force to study all law enforcement needs of the 
NPS, including a separate analysis of the needs of the U.S. 
Park Police. The Secretary is required to report to Congress on 
the findings and recommendations of the study by the task 
force.

Section 802. Leases and cooperative management agreements

    Section 802(a) amends section 3 of Public Law 91-383 by 
expanding the authority of the NPS to lease buildings and 
associated property within units of the National Park System, 
so long as the activity leased is compatible with the purpose 
of the park in which it is located and does not derogate the 
values of the park. Payment of rental amounts for leases will 
be based on fair market value rental and the Secretary may 
adjust the rental amount as appropriate. Proceeds from these 
leases are to be deposited in a special account in the Treasury 
to be used, without further appropriation, for infrastructure 
needs in units of the National Park System. The Secretary shall 
also promulgate regulations for implementing this section.
    This subsection also expands the NPS' authority to enter 
into cooperative management agreements with adjacent state or 
local parks to enhance management efficiency and reduce 
operating costs and duplications. The section makes clear that 
the Secretary may not transfer responsibility for 
administration of a park to a state or local government.
    Subsection (b) directs the Secretary to simplify the 
existing regulations and procedures for leasing of historic 
structures in units of the National Park System.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committees 
authorized in S. 1693 are not currently being nor could they be 
performed by one or more agencies, an advisory committee 
already in existence, or by enlarging the mandate of an 
existing advisory committee.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact S. 1693.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
S. 1693. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, S. 1693 
does not contain any new budget authority, credit authority, or 
an increase or decrease in tax expenditures. According to the 
Congressional Budget Office, enactment of S. 1693 would result 
in increased direct spending from revenues from concession 
fees, recreational fees, a new National Park Passport, and 
leases of unneeded buildings over the 1999-2003 time period. 
The bill would result in increased revenues to the federal 
government of over $430 million through 2003.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of S. 1693.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for S. 1693 
from the Director of the Congressional Budget Office.

                  Congressional Budget Office Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 4, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1693, the National 
Parks Omnibus Management Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs) and Marjorie Miller (for the state and 
local impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

S. 1693--National Parks Omnibus Management Act of 1998

    Summary: S. 1693 would reform various policies and 
practices of the National Park Service (NPS). The act also 
would extend and modify the agency's authority to collect and 
spend certain fees from park visitors, concessioners, and other 
users of park property. Finally, it would authorize 
appropriations of $2 million a year for carrying out studies of 
new areas as potential additions to the National Park System.
    CBO estimates that enacting S. 1693 would result in 
additional net outlays from direct spending of $8 million in 
fiscal year 1999 and of $260 million over the 1999-2003 period. 
The act also would affect programs carried out with 
discretionary funds but would have no significant impact on the 
NPS's budget--except for the authorized funding of $2 million a 
year for studies of new areas--because most of the actions 
mandated by the legislation are already being carried out by 
the agency. Because S. 1693 would affect direct spending, pay-
as-you-go procedures would apply. S. 1693 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). State and local 
governments might incur some costs as a result of the 
legislation's enactment, but these costs would be voluntary.
    Description of major provisions: Several titles of S. 1693 
would affect direct spending. These provisions include:
          Title IV, which would reform the concessions 
        activities of the NPS in order to improve the financial 
        benefits received by the park system. This title would 
        repeal the existing law governing the use of 
        concessions contracts by the NPS and would establish 
        new contracting policies and practices that would 
        enhance competition in the bidding process.
          Title V, which would extend through fiscal year 2005 
        the recreation fee demonstration program authorized by 
        Public Law 104-134 (the Omnibus Consolidated 
        Rescissions and Appropriations Act, 1996) and would 
        eliminate the existing cap on the number of park units 
        that may participate. The extension and expansion of 
        the existing program would apply only to the NPS.
          Title VI, which would direct the NPS to create a new 
        national park passport program. The new $50 annual 
        passport, with an accompanying collectible stamp, would 
        be nontransferable and could be sold on consignment, 
        for an unspecified commission, by private vendors. This 
        title also would direct the Secretary to make the 
        Golden Eagle Passport (a similar form of annual 
        admissions pass already sold under existing, permanent 
        fee authority) available for sale outside the United 
        States under the same terms as it is sold domestically.
          Title VIII, which would authorize the NPS to lease 
        unneeded buildings and related property to any person 
        or governmental entity.
For all of the above provisions, the act would direct the NPS 
to deposit all receipts (including franchise fees and 
recreation fees collected under existing, permanent authority) 
into special accounts in the U.S. Treasury. Upon deposit, all 
such documents would become available to the NPS without 
further appropriation for various specified purposes.
    S. 1693 also would make changes to activities of the NPS 
that are funded with discretionary appropriations. Title I 
would require the agency to establish a plan for management 
training and development and to develop a comprehensive 
training program for all of its professional employees. Title 
II would establish a specific research mandate for the NPS to 
ensure that Park Service managers benefit from high-quality 
science and information. The agency also would have to 
implement a program to inventory and monitor all park 
resources. Finally, Title III would codify recent 
administrative changes made to procedures governing the study 
of potential new park areas and would authorize the 
appropriation of an additional $2 million annually to conduct 
new studies.
    Other provisions of S. 1693 would have little or no effect 
on the federal budget. Some of these provisions would grant the 
NPS statutory authority to execute cooperative agreements with 
state and local government agencies and to promote local 
fundraising support through the National Park Foundation.
    Estimated cost to the Federal Government: CBO estimates 
that implementing S. 1693 would result in additional offsetting 
receipts of $76 million in fiscal year 2000 and of over $360 
million through 2003. The NPS would be able to spend not only 
these new receipts but also those collected under current 
authority from recreation fees, concession franchise fees, and 
deposits in the concessions improvement accounts. As a result, 
direct spending would increase by about $8 million in 1999 and 
by over $620 million through 2003. The net effect of these 
changes would be additional direct spending of $8 million in 
1999 and of $260 million through 2003. The estimated impact of 
these provisions is summarized in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).
    Basis of estimate: For purposes of this estimate, CBO 
assumes that S. 1693 will be enacted by or near the start of 
fiscal year 1999. We also assume that the NPS would develop all 
of the necessary rules and procedures in 1999 so that it could 
implement the new, reformed, or extended fee programs beginning 
in 2000. Amounts earned from new fees would become available to 
the NPS for obligation in the year collected. Estimated outlays 
from the spending of fee receipts are based on historical 
spending patterns for these and similar programs. Information 
for this estimate was provided by the Office of Management and 
Budget, the Department of the Interior, and the NPS.
            Direct spending
    Concessions fees. CBO expects that the reforms made by 
Title IV to the competitive bidding process would raise 
franchise fees paid to the government by concessioners, which 
under the legislation would be deposited to mandatory special 
funds rather than the U.S. Treasury as under current law. They 
would also raise, by similar amounts, deposits by concessioners 
into the bank accounts that they hold and use for park 
improvements, as required by many concession contracts. These 
special bank accounts--known as ``improvement accounts''--are 
often maintained in lieu of paying franchise fees and are used 
for on-site improvements at the direction of the park 
superintendent.

                                    [By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                        1998      1999      2000      2001      2002      2003
----------------------------------------------------------------------------------------------------------------
                                                 DIRECT SPENDING
Net Direct Spending Under Current Law:
    Receipts and Spending from NPS Recreation and
     Concessions Fees:
        Estimated budget authority..................       -23       -23       -94       -97       -97      -100
        Estimated outlays...........................       -71       -26       -14       -69       -97      -101
Proposed Changes:
    NPS Receation and Concessions Fees:
        Estimated budget authority..................         0         0       -76       -86       -97      -104
        Estimated outlays...........................         0         0       -76       -86       -97      -104
    NPS Spending of Fees:
        Estimated budget authority..................         0        15       170       183       194       204
        Estimated outlays...........................         0         8        90       144       185       196
    Net Changes:
        Estimated budget authority..................         0        15        94        97        97       100
        Estimated outlays...........................         0         8        14        58        88        92
Net Direct Spending Under S. 1693:
    Receipts and Spending from NPS Recreation and
     Concessions Fees:
        Estimated budget authority..................       -23        -8         0         0         0         0
        Estimated outlays...........................       -71       -18         0       -11        -9        -9
                                CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\
Authorization level.................................         0         2         2         2         2         2
Estimated outlays...................................         0         2         2         2         2        2
----------------------------------------------------------------------------------------------------------------
\1\ Amounts shown for proposed changes to discretionary spending represents the additional $2 million authorized
  for studies for new park areas; $1 million was appropriated for that purpose in 1998. No other amounts are
  included in the table for changes in programs funded with appropriations because CBO expects that such changes
  would occur even in the absence of this legislation.

    CBO estimates that franchise fees and deposits to 
improvement accounts would increase in total by about $4 
million in fiscal year 2000 and by about $38 million through 
2003. Spending of the new franchise fees and improvement 
account deposits would increase by similar amounts, but more 
slowly. Because the new receipts and resulting new spending 
would offset each other in the long run, the provisions of 
Title IV intended to increase returns to the federal government 
would have no net effect on the federal budget over time, 
althoughthey would provide additional resources to the NPS. 
Because this title also would allow the NPS to spend without further 
appropriation any franchise fees that are earned under existing law, it 
would cause a net increase in direct spending of $8 million in 1999 and 
of nearly $50 million through 2003.
    Recreation fees. Title V would extend through fiscal year 
2005 the NPS's recreation fee demonstration program, which was 
authorized in Public Law 104-134. That program (as amended by 
subsequent laws) allows the NPS, among other land management 
agencies, to establish recreation fees beyond those allowed by 
the Land and Water Conservation Fund Act (LWCFA) for up to 100 
demonstration areas. Under the demonstration program, the NPS 
is allowed to spend without further appropriation all receipts 
earned at a demonstration area. (Park units that are not part 
of the demonstration program may keep only 15 percent of their 
receipts, as allowed under the LWCFA.) Once this temporary 
authority expires at the end of fiscal year 1999, most receipts 
collected by the NPS pursuant to that authority will fall to 
levels consistent with the permanent fee-collection authority 
provided in the LWCFA (about $94 million in 2000, compared to 
an estimated $146 million for 1999 under the demonstration 
program). Direct spending authority will also fall--to 15 
percent of total fee receipts, or $14 million in 2000.
    CBO estimates that extending the demonstration program 
would raise receipts from recreation fees to about $3 million a 
year more than the 1999 level because all park units would be 
able to participate. When new collections from the national 
passport program authorized under Title VI are added, the total 
estimated effect on offsetting receipts from the extended and 
expanded authority provided by S. 1693 is an increase of $72 
million in 2000 and of nearly $325 million through 2003. (The 
additional receipts from the passport program--which does not 
expire--are primarily the result of one provision of Title VI 
that clarifies that the NPS may sell the new passports on 
consignment through private vendors.)
    Because S. 1693 would allow the NPS to spend all new fees 
generated by the demonstration program and the passport 
program, as well as receipts earned under other, existing 
authority, new direct spending would be much higher than new 
receipts. We estimate that outlays would increase by $76 
million in 2000 and by $535 million over the 2000-2003 period. 
The net budgetary effect of the changes in offsetting receipts 
and new spending from recreation fees would be additional 
outlays of $4 million in 2000 and $212 million through 2003.
    Other NPS fees. S. 1693 also would allow the NPS to lease 
space in agency buildings to persons or governmental agencies. 
The additional rental income would be available to the agency 
without further appropriation. CBO estimates that any increase 
in rental income to the agency would be small. Moreover, the 
spending of this income would offset the additional receipts 
over time, resulting in no net impact on the federal budget.
            Spending subject to appropriation
    Title III of S. 1693 would authorize appropriations of $2 
million annually for conducting studies of potential new park 
areas (in addition to the existing authorization of 
appropriations for that purpose of $1 million a year). Other 
provisions of the act also could affect NPS programs that are 
carried out with discretionary funds. For the most part, 
however, CBO believes that the NPS already has the authority 
and the intention to carry out the act's mandates for these 
programs even in the absence of new legislation, assuming 
appropriation of the necessary amounts. As a result, we have 
not included any of the costs of performing the mandated duties 
in the estimate table. In most cases, the NPS has developed 
plans to carry out the activities required by this legislation 
but has yet to receive the necessary appropriations. For 
example, most of the planning and development necessary to 
implement the training mandates of Title I has already been 
completed, and the plans would probably require little revision 
to incorporate any new or revised procedures specified in the 
legislation. Full implementation of these training plans (under 
S. 1693 or under Administration initiatives) would cost the NPS 
about $18 million annually, assuming appropriation of the 
necessary amounts. Similarly, Title II would require the NPS to 
implement a program for inventory and monitoring the agency's 
resources. Based on information provided by the NPS, we 
estimate that the agency will perform the requirements of this 
title under existing authority, assuming appropriation of the 
$160 million needed for that purpose over the next 10 years.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. The net 
changes in outlays that are subject to pay-as-you-go procedures 
are shown in the following table. For the purposes of enforcing 
pay-as-you-go procedures, only the effects in the current year, 
the budget year, and the succeeding four years are counted.

                                    [By fiscal year, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                      1998   1999   2000   2001   2002   2003   2004   2005   2006   2007   2008
----------------------------------------------------------------------------------------------------------------
Changes in outlays.................      0      8     14     58     88     92     94     97     89     41      7
Changes in receipts................                                 Not applicable
----------------------------------------------------------------------------------------------------------------

    Estimated impact on State, local, and tribal governments: 
S. 1693 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. The legislation would authorize the National Park 
Service to enter into agreements with state or local government 
agencies to provide for the cooperative management of adjacent 
federal and state park areas. Any state or local expenditures 
under such agreements would be voluntary on the part of those 
governments.
    Estimated impact on the private sector: This legislation 
contains no new private-sector mandates as defined in UMRA.
    Previous CBO estimate: On June 23, 1998, CBO transmitted a 
cost estimate for S. 1693, as passed by the Senate on June 11, 
1998. That previous estimate showed lower net direct spending 
than the estimate for the House version of S. 1693 because the 
Senate version would not allow the NPS to spend concession 
franchise fees that are collected under existing authority.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on State, local, and tribal governments: Marjorie Miller.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    S. 1693 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                       THE ACT OF AUGUST 18, 1970

   (Commonly Known as the ``National Park System General Authorities 
                                 Act'')

AN ACT To improve the administration of the national park system by the 
Secretary of the Interior, and to clarify the authorities applicable to 
the system, and for other purposes

           *       *       *       *       *       *       *


  Sec. 3. In order to facilitate the administration of the 
national park system, the Secretary of the Interior is 
authorized, under such terms and conditions as he may deem 
advisable, to carry out the following activities:
          (a) * * *

           *       *       *       *       *       *       *

  (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
                  (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.

           *       *       *       *       *       *       *

  Sec. 8. (a) General Authority.--The Secretary of the Interior 
is directed to investigate, study, and continually monitor the 
welfare of areas whose resources exhibit qualities of national 
significance and which may have potential for inclusion in the 
National Park System. [At the beginning of each fiscal year, 
the Secretary shall transmit to the Speaker of the House of 
Representatives andto the President of the Senate, 
comprehensive reports on each of those areas upon which studies have 
been completed. Each such report shall indicate and elaborate on the 
theme(s) which the area represents as indicated in the National Park 
System Plan. On this same date, and accompanying such reports, the 
Secretary shall transmit a listing, in generally descending order of 
importance or merit, of not less than twelve such areas which appear to 
be of national significance and which may have potential for inclusion 
in the National Park System. Threats to resource values, and cost 
escalation factors shall be considered in listing the order of 
importance or merit. Such listing may be comprised of any areas 
heretofore submitted under terms of this section, and which at the time 
of listing are not included in the National Park System.] Accompanying 
the annual listing of areas shall be a synopsis, for each report 
previously submitted, of the current and changed condition of the 
resource integrity of the area and other relevant factors, compiled as 
a result of continual periodic monitoring and embracing the period 
since the previous such submission or initial report submission one 
year earlier. The Secretary is also directed to transmit annually to 
the Speaker of the House of Representatives and to the President of the 
Senate, at the beginning of each fiscal year, a complete and current 
list of all areas included on the Registry of Natural Landmarks and 
those areas of national significance listed on the National Register of 
Historic places which areas exhibit known or anticipated damage or 
threats to the integrity of their resources, along with notations as to 
the nature and severity of such damage or threats. Each report and 
annual listing shall be printed as a House document: Provided, That 
should adequate supplies of previously printed identical reports remain 
available, newly submitted identical reports shall be omitted from 
printing upon the receipt by the Speaker of the United States House of 
Representatives of a joint letter from the chairman of the Committee on 
Natural Resources of the United States House of Representatives and the 
chairman of the Committee on Energy and Natural Resources of the United 
States Senate indicating such to be the case.
  [For the purposes of carrying out the studies for potential 
new Park System units and for monitoring the welfare of those 
resources, there are authorized to be appropriated annually not 
to exceed $1,000,000. For the purposes of monitoring the 
welfare and integrity of the national landmarks, there are 
authorized to be appropriated annually not to exceed 
$1,500,000.]
  (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.
  (f) Authorization of Appropriations.--For the purposes of 
carrying out the studies for potential new Park System units 
and for monitoring the welfare of those resources, there are 
authorized to be appropriated annually not to exceed 
$1,000,000. For the purposes of monitoring the welfare and 
integrity of the national landmarks, there are authorized to be 
appropriated annually not to exceed $1,500,000. For carrying 
out subsections (b) through (d) there are authorized to be 
appropriated $2,000,000 for each fiscal year.

           *       *       *       *       *       *       *

  Sec. 12. (a) * * *

           *       *       *       *       *       *       *

  [(c) The Secretary of the Interior shall hereafter transmit 
to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of 
Representatives all proposed awards of concession leases and 
contracts involving a gross annual business of $100,000 or 
more, or of five years or more in duration (including renewals 
thereof), and all proposed rules and regulations relating 
thereto, sixty days before such awards are made or such rules 
and regulations are promulgated. The Act of July 14, 1956 (70 
Stat. 543) is hereby repealed.]

           *       *       *       *       *       *       *

                              ----------                              


                         ACT OF OCTOBER 9, 1965

  (Popularly Known as the ``National Park Service Concessions Policy 
                                 Act'')

  AN ACT Relating to the establishment of concession policies in the 
   areas administered by National Park Service and for other purposes

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, [That in 
furtherance of the Act of August 25, 1916 (39 Stat. 535), as 
amended (16 U.S.C. 1), which directs the Secretary of the 
Interior to administer national park system areas in accordance 
with the fundamental purpose of conserving their scenery, 
wildlife, natural and historic objects, and providing for their 
enjoyment in a manner that will leave them unimpaired for the 
enjoyment of future generations, the Congress hereby finds that 
the preservation of park values requires that such public 
accommodations, facilities, and services as have to be provided 
within those areas should be provided only under carefully 
controlled safeguards against unregulated and indiscriminate 
use, so that the heavy visitation will not unduly impair these 
values and so that development of such facilities can best be 
limited to locations where the least damage to park values will 
be caused. It is the policy of the Congress that such 
development shall be limited to those that are necessary and 
appropriate for public use and enjoyment of the national park 
area in which they are located and that are consistent to the 
highest practicable degree with the preservation and 
conservation of the areas.
  [Sec. 2. Subject to the findings and policy stated in section 
1 of this Act, the Secretary of the Interior shall take such 
action as may be appropriate to encourage and enable private 
persons and corporations (hereinafter referred to as 
``concessioners'') to provide and operate facilities and 
services which he deems desirable for the accommodation of 
visitors in areas administered by the National Park Service.
  [Sec. 3. (a) Without limitation of the foregoing, the 
Secretary may include in contracts for the providing of 
facilities and services such terms and conditions as, in his 
judgment, are required to assure the concessioner of adequate 
protection against loss of investment in structures, fixtures, 
improvements, equipment, supplies, and other tangible property 
provided by him for the purposes of the contract (but not 
against loss of anticipated profits) resulting from 
discretionary acts, policies, or decisions of the Secretary 
occurring after the contract has become effective under which 
acts, policies, or decisions the concessioner's authority to 
conduct some or all of his authorized operations under the 
contract ceases or his structures, fixtures, and improvements, 
or any of them, are required to be transferred to another party 
or to be abandoned, removed, or demolished. Such terms and 
conditions may include an obligation of the United States to 
compensate the concessioner for loss of investment, as 
aforesaid.
  [(b) The Secretary shall exercise his authority in a manner 
consistent with a reasonable opportunity for the concessioner 
to realize a profit on his operation as a whole commensurate 
with the capital invested and the obligations assumed.
  [(c) The reasonableness of a concessioner's rates and charges 
to the public shall, unless otherwise provided in the contract, 
be judged primarily by comparison with those current for 
facilities and services of comparable character under similar 
conditions, with due consideration for length of season, 
provision for peakloads, average percentage of occupancy, 
accessibility, availability and costs of labor and materials, 
type of patronage, and other factors deemed significant by the 
Secretary.
  [(d) Franchise fees, however stated, shall be determined upon 
consideration of the probable value to the concessioner of the 
privileges granted by the particular contract or permit 
involved. Such value is the opportunity for net profit in 
relation to both gross receipts and capital invested. 
Consideration of revenue to the United States shall be 
subordinate to the objectives of protecting and preserving the 
areas and of providing adequate and appropriate services for 
visitors at reasonable rates. Appropriate provisions shall be 
made for reconsideration of franchise fees at least every five 
years unless the contract is for a lesser period of time.
  [Sec. 4. The Secretary may authorize the operation of all 
accommodations, facilities, and services for visitors, or of 
all such accommodations, facilities, and services of generally 
similar character, in each area, or portion thereof, 
administered by the National Park Service by one responsible 
concessioner and may grant to such concessioner a preferential 
right to provide such new or additional accommodations, 
facilities, or services as the Secretary may consider necessary 
or desirable for the accommodation and convenience of the 
public. The Secretary may, in his discretion, grant extensions, 
renewals, or new contracts to present concessioners, other than 
the concessioner holding a preferential right, for operations 
substantially similar in character and extent to those 
authorized by their current contracts or permits.
  [Sec. 5. The Secretary shall encourage continuity of 
operation and facilities and services by giving preference in 
the renewal of contracts or permits and in the negotiation of 
new contracts or permits to the concessioners who have 
performed their obligations under prior contracts or permits to 
the satisfaction of the Secretary. To this end, the Secretary, 
at any time in his discretion, may extend or renew a contract 
or permit, or may grant a new contract or permit to the same 
concessioner upon the termination or surrender before 
expiration of a prior contract or permit. Before doing so, 
however, and before granting extensions, renewals or new 
contracts pursuant to the last sentence of section 4 of this 
Act, the Secretary shall give reasonable public notice of his 
intention so to do and shall consider and evaluate all 
proposals received as a result thereof.
  [Sec. 6. A concessioner who has heretofore acquired or 
constructed or who hereafter acquires or constructs, pursuant 
to a contract and with the approval of the Secretary, any 
structure, fixture, or improvement upon land owned by the 
United States within an area administered by the National Park 
Service shall have apossessory interest therein, which shall 
consist of all incidents of ownership except legal title, and except as 
hereinafter provided, which title shall be vested in the United States. 
Such possessory interest shall not be construed to include or imply any 
authority, privilege, or right to operate or engage in any business or 
other activity, and the use or enjoyment of any structure, fixture, or 
improvement in which the concessioner has a possessory interest shall 
be wholly subject to the applicable provisions of the contract and of 
laws and regulations relating to the area. The said possessory interest 
shall not be extinguished by the expiration or other termination of the 
contract and may not be taken for public use without just compensation. 
The said possessory interest may be assigned, transferred, encumbered, 
or relinquished. Unless otherwise provided by agreement of the parties, 
just compensation shall be an amount equal to the sound value of such 
structure, fixture, or improvement at the time of taking by the United 
States determined upon the basis of reconstruction cost less 
depreciation evidenced by its condition and prospective serviceability 
in comparison with a new unit of like kind, but not to exceed fair 
market value. The provisions of this section shall not apply to 
concessioners whose current contracts do not include recognition of a 
possessory interest, unless in a particular case the Secretary 
determines that equitable considerations warrant recognition of such 
interest.
  [Sec. 7. The provisions of section 321 of the Act of June 30, 
1932 (47 Stat. 412; 40 U.S.C. 303(b)), relating to the leasing 
of buildings and properties of the United States, shall not 
apply to privileges, leases, permits, and contracts granted by 
the Secretary of the Interior for the use of lands and 
improvements thereon, in areas administered by the National 
Park Service, for the purpose of providing accommodations, 
facilities, and services for visitors thereto, pursuant to the 
Act of August 25, 1916 (39 Stat. 535), as amended, or the Act 
of August 21, 1935, chapter 593 (49 Stat. 666; 16 U.S.C. 461-
467), as amended.
  [Sec. 8. Subsection (h) of section 2 of the Act of August 21, 
1935, the Historical Sites, Buildings, and Antiquities Act (49 
Stat. 666; 16 U.S.C. 462(h)), is amended by changing the 
proviso therein to read as follows: ``Provided, That the 
Secretary may grant such concessions, leases, or permits and 
enter into contracts relating to the same with responsible 
persons, firms, or corporations without advertising and without 
securing competitive bids.''
  [Sec. 9. Each concessioner shall keep such records as the 
Secretary may prescribe to enable the Secretary to determine 
that all terms of the concession contract have been and are 
being faithfully performed, and the Secretary and his duly 
authorized representatives shall, for the purpose of audit and 
examination, have access to said records and to other books, 
documents, and papers of the concessioner pertinent to the 
contract and all the terms and conditions thereof.
  [The Comptroller General of the United States or any of his 
duly authorized representatives shall, until the expiration of 
five (5) calendar years after the close of the business year of 
each concessioner or subconcessioner have access to and the 
right to examineany pertinent books, documents, papers, and 
records of the concessioner or subconcessioner related to the 
negotiated contract or contracts involved.]
                              ----------                              


                SECTION 3 OF THE ACT OF AUGUST 25, 1916

     (Commonly known as the ``National Park Service Organic Act'')

CHAP. 408.--AN ACT To establish a National Park Service, and for other 
                                purposes

  Sec. 3. That the Secretary of the Interior shall make and 
publish such rules and regulations as he may deem necessary or 
proper for the use and management of the parks, monuments, and 
reservations under the jurisdiction of the National Park 
Service, and any violation of any of the rules and regulations 
authorized by this Act shall be punished by a fine of not more 
than $500 or imprisonment for not exceeding six months, or 
both, and be adjudged to pay all cost of the proceedings. He 
may also, upon terms and conditions to be fixed by him, sell or 
dispose of timber in those cases where in his judgment the 
cutting of such timber is required in order to control the 
attacks of insects or diseases or otherwise conserve the 
scenery or the natural or historic objects in any such park, 
monument, or reservation. He may also provide in his discretion 
for the destruction of such animals and of such plant life as 
may be detrimental to the use of any of said parks, monuments, 
or reservations. [He may also grant privileges, leases, and 
permits for the use of land for the accommodation of visitors 
in the various parks, monuments, or other reservations herein 
provided for, but for periods not exceeding thirty years; and 
no natural] No natural curiosities, wonders, or objects of 
interest shall be leased, rented, or granted to anyone on such 
terms as to interfere with free access to them by the public: 
Provided, however, That the Secretary of the Interior may, 
under such rules and regulations and on such terms as he may 
prescribe, grant the privilege to graze live stock within any 
national park, monument, or reservation herein referred to when 
in his judgment such use is not detrimental to the primary 
purpose for which such park, monument, or reservation was 
created, except that this provision shall not apply to the 
Yellowstone National Park: And provided further, That the 
Secretary of the Interior may grant said privileges, leases, 
and permits and enter into contracts relating to the same with 
responsible persons, firms, or corporations without advertising 
and without securing competitive bids: And provided further, 
That no contract, lease, permit, or privilege granted shall be 
assigned or transferred by such grantees, permittees, or 
licensees, without the approval of the Secretary of the 
Interior first obtained in writing[: And provided further, That 
the Secretary may, in his discretion, authorize such grantees, 
permittees, or licensees to execute mortgages and issue bonds, 
shares of stock, and other evidences of interest in or 
indebtedness upon their rights, properties, and franchises, for 
the purposes of installing, enlarging, or improving plant and 
equipment and extending facilities for the accommodation of the 
public within such national parks and monuments].
                              ----------                              


                        ACT OF DECEMBER 18, 1967

AN ACT To establish the National Park Foundation

           *       *       *       *       *       *       *


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.

                            DISSENTING VIEWS

    I am strongly opposed to the National Park concession 
provisions of S. 1693 that provide unwarranted benefits to 
concession operators for the investments made in facilities 
within National Parks. By the narrowest of margins (21-22) the 
Committee rejected an amendment I offered to delete these 
provisions and instead amortize these investments in a manner 
similar to that used by the rest of the concessions industry.
    Current law provides park concessioners with what is known 
as a ``possessory interest'' in any capital improvements they 
make in parks. Possessory interest provides an inflated value 
to these investment. It is a formula unique to the National 
Park System. No other Federal agency provides it and it is not 
used in state facilities or private industry. Numerous GAO 
reports and other studies have found possessory interest to be 
a serious barrier to competition for concession contracts 
because any challenger bidding for a concession contract would 
be faced with the added cost of buying out the inflated value 
of incumbent concessioners' improvements.
    Rather than fix this serious barrier to competition, S. 
1693 replaces possessory interest with what the bill refers to 
as ``leasehold surrender interest.'' The bill defines the value 
of a leasehold surrender interest as an amount equal to the 
cost of a capital improvement, plus an annual Consumer Price 
Index (CPI) adjustment, less observable wear and tear. Real 
estate investments in the business world are not tied to the 
CPI. Furthermore, the bill uses a CPI based on ``All-Urban 
Consumers'' to value capital improvements that are to a great 
extent constructed in a rural setting.
    Leasehold surrender interest is a new creation that is not 
used by any other Federal agency, and it is not used in state 
facilities or private industry. S. 1693 repeals a provision 
(possessory interest) that is not used in the concessions 
industry and replaces it with a new provision (leasehold 
surrender interest) that is likewise not used in the 
concessions industry. Under S. 1693, we are trading one problem 
for another.
    Concession operators outside of national parks neither need 
nor receive appreciating interests in their structures or 
improvements from their landlords, yet they still do business 
at a profit. The standard concession industry practice is to 
amortize investments over the term of the contract. 
Concessioners in the real world recoup their investments in the 
money generated during the contract. National park 
concessioners are attempting to have their cake and eat it too. 
At the same time park concessioners are depreciating their 
investments for tax purposes, they are asking taxpayers to be 
liable for the appreciating value that leasehold surrender 
interest provides.
    There is a better way. The amendment I offered in Committee 
would have provided park concessioners with an interest in a 
capital improvement equal to its original cost, less straight 
line depreciation that is tied to the depreciation period used 
for such assets for Federal tax purposes. This is the same 
language that the House adopted in 1994, as part of a 
concessions bill that passed 386-30. The Miller amendment was 
supported in Committee by taxpayer watchdog groups and 
environmental organizations and is consistent with 
Administration testimony on this matter.
    Leasehold surrender interest does not provide concessions 
reform. Instead, it just perpetuates a well-documented 
liability for taxpayers and a barrier to competition. Unless 
this language is corrected, I will urge my colleagues to oppose 
S. 1693.

                                                     George Miller.

                                
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