[Senate Report 105-202]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 397
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-202
_______________________________________________________________________


 
               VISION 2020 NATIONAL PARKS RESTORATION ACT

                                _______
                                

                  June 5, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1693]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1693) to renew, reform, reinvigorate, and 
protect the National Park System, having considered the same, 
reports favorably thereon with an amendment and an amendment to 
the title and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. Strike out all after the enacting clause and insert in 
lieu thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vision 2020 National Parks System 
Restoration Act.''

SEC. 2. DEFINITIONS.

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

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

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

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

SEC. 102. NATIONAL PARK SERVICE EMPLOYEE TRAINING.

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

SEC. 103. MANAGEMENT DEVELOPMENT AND TRAINING.

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

SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.

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

    TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT

SEC. 201. PURPOSES.

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

SEC. 202. RESEARCH MANDATE.

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

SEC. 203. COOPERATIVE AGREEMENTS.

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

SEC. 204. INVENTORY AND MONITORING PROGRAM.

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

SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY.

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

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

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

SEC. 207. CONFIDENTIALITY OF INFORMATION.

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

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

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

    Section 8 of Public Law 91-383 (16 U.S.C. 1a-5) is amended--
          (1) in subsection (a)--
                  (A) by inserting ``General Authority.--'' after 
                ``(a)'';
                  (B) by striking the second through sixth sentences;
                  (C) by striking ``For the purposes of carrying out'' 
                and inserting the following:
    ``(e) Authorization of Appropriations.--For the purposes of 
carrying out''; and
          (2) by inserting after subsection (a) the following:
    ``(b) Studies of Areas for Potential Inclusion in the National Park 
System.
          ``(1)(A) At the beginning of each calendar year, the 
        Secretary shall submit to the Committee on Energy and Natural 
        Resources of the United States Senate and the Committee on 
        Resources of the United States House of Representatives a list 
        of areas recommended for study for potential inclusion as new 
        units in the National Park System.
          ``(B) If the Secretary determines during a specific calendar 
        year that no areas are recommended for study for potential 
        inclusion in the National Park System, the Secretary is not 
        required to submit the list referenced in subparagraph (A).
          ``(2) In developing the list submitted under this subsection, 
        the Secretary shall consider--
                  ``(A) areas that have the greatest potential for 
                meeting the established criteria of national 
                significance, suitability, and feasibility;
                  ``(B) themes, sites, and resources not adequately 
                represented in the National Park System; and
                  ``(C) public proposals and Congressional requests.
          ``(3) Nothing in this subsection shall limit the authority of 
        the Secretary to conduct preliminary planning activities, 
        including--
                  ``(A) the conduct of a preliminary resource 
                assessment;
                  ``(B) collection of data on a potential study area;
                  ``(C) provision of technical and planning assistance;
                  ``(D) preparation or processing of a nomination for 
                an administrative designation;
                  ``(E) updating of a previous study; or
                  ``(F) completion of a reconnaissance survey of an 
                area.
          ``(4) National Wild and Scenic Rivers System; National Trails 
        System.--
        Nothing in this section applies to, affects, or alters the 
        study of--
                  ``(A) any river segment for potential addition to the 
                National Wild and Scenic Rivers System; or
                  ``(B) any trail for potential addition to the 
                National Trails System.
          ``(5) In conducting a study under this subsection, the 
        Secretary shall--
                  ``(A) provide adequate public notice and an 
                opportunity for public involvement, including at least 
                one public meeting in the vicinity of the area under 
                study; and
                  ``(B) make reasonable efforts to notify potentially 
                affected landowners and State and local governments.
          ``(6) In conducting a study of an area under this subsection, 
        the Secretary--
                  ``(A) shall consider whether the area--
                          ``(i) possesses nationally significant 
                        natural, historic or cultural resources, or 
                        outstanding recreational opportunities;
                          ``(ii) represents one of the most important 
                        examples (singly or as part of a group) of a 
                        particular resource type in the United States; 
                        and
                          ``(iii) is a suitable and feasible addition 
                        to the National Park System;
                  ``(B) shall consider--
                          ``(i) the rarity and integrity of the 
                        resources of the area;
                          ``(ii) the threat to resources;
                          ``(iii) whether similar resources are already 
                        protected in the National Park System or in 
                        other public or private ownership;
                          ``(iv) benefits to the public;
                          ``(v) the interpretive and educational 
                        potential of the area;
                          ``(vi) costs associated with acquisition, 
                        development, and operation of the area and the 
                        source of revenue to pay for the cost;
                          ``(vii) the socioeconomic impacts of 
                        inclusion of the area in the National Park 
                        System;
                          ``(viii) the level of local and general 
                        public support for the inclusion;
                          ``(ix) whether the area is of appropriate 
                        configuration to ensure long-term resource 
                        protection and appropriate visitor use; and
                          ``(x) the potential impact on the inclusion 
                        of the area on existing units of the National 
                        Park System;
                  ``(C) shall consider whether direct management by the 
                Secretary or alternative protection by other public 
                agencies or the private sector is most appropriate for 
                the area;
                  ``(D) shall identify what alternative, if any, or 
                what combination of alternatives would, as determined 
                by the Secretary, be most effective and efficient in 
                protecting significant resources and providing for 
                public enjoyment; and
                  ``(E) may include any other information that the 
                Secretary considers pertinent.
          ``(7) The letter transmitting a completed study to Congress 
        shall contain a recommendation regarding the preferred 
        management option of the Secretary for the area.
          ``(8) The Secretary shall complete a study of an area for 
        potential inclusion in the National Park System within three 
        years after the date funds are made available for the study.
    ``(c) List of Previously Studied Areas With Historical or Natural 
Resources.--
          ``(1) At the beginning of each calendar year, the Secretary 
        shall submit to the Committee on Energy and Natural Resources 
        of the United States Senate and to the Committee on Resources 
        of the United States House of Representatives--
                  ``(A) a list of areas that have been previously 
                studied under this section that contain primarily 
                historical or cultural resources, but have not been 
                added to the National Park System; and
                  ``(B) a list of areas that have been previously 
                studied under this section that contain primarily 
                natural resources, but have not been added to the 
                National Park System.
          ``(2) In developing a list under paragraph (1), the Secretary 
        shall consider the factors described in subsection (b)(2).
          ``(3) The Secretary shall include on a list under paragraph 
        (1) only areas for which supporting data are current and 
        accurate.''.

         TITLE IV--NATIONAL PARK SERVICE CONCESSION MANAGEMENT

SEC. 401. SHORT TITLE.

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

SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF POLICY.

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

SEC. 403. AWARD OF CONCESSION CONTRACTS.

    In furtherance of the findings and policy stated in section 402, 
and, except as provided by this title or otherwise authorized by law, 
the Secretary shall utilize concession contracts to authorize private 
entities to provide accommodations, facilities and services to visitors 
to areas of the National Park System. Such concession contracts shall 
be awarded as follows:
    (a) Competitive Selection Process.--Except as otherwise provided in 
this section, all proposed concession contracts shall be awarded by the 
Secretary to the person, corporation, or other entity submitting the 
best proposal as determined by the Secretary through a competitive 
selection process. Such competitive selection process shall include 
simplified procedures for small, individually-owned, concession 
contracts.
    (b) Solicitation of Proposals.--Except as otherwise provided in 
this section, prior to awarding a new concession contract (including 
renewals or extensions of existing concession contracts) the Secretary 
shall publicly solicit proposals for the concession contract and, in 
connection with such solicitation, the Secretary shall prepare a 
prospectus and shall publish notice of its availability at least once 
in local or national newspapers or trade publications, and/or the 
Commerce Business Daily, as appropriate, and shall make the prospectus 
available upon request to all interested parties.
    (c) Prospectus.--The prospectus shall include, but need not be 
limited to, the following information:
          (1) the minimum requirements for such contract as set forth 
        in subsection (d);
          (2) the terms and conditions of any existing concession 
        contract relating to the services and facilities to be 
        provided, including all fees and other forms of compensation 
        provided to the United States by the concessioner;
          (3) other authorized facilities or services which may be 
        provided in a proposal;
          (4) facilities and services to be provided by the Secretary 
        to the concessioner, if any, including, but not limited to, 
        public access, utilities, and buildings;
          (5) an estimate of the amount of compensation, if any, due an 
        existing concessioner from a new concessioner under the terms 
        of a prior concession contract;
          (6) a statement as to the weight to be given to each 
        selection factor identified in the prospectus and the relative 
        importance of such factors in the selection process;
          (7) such other information related to the proposed concession 
        operation as is provided to the Secretary pursuant to a 
        concession contract or is otherwise available to the Secretary, 
        as the Secretary determines is necessary to allow for the 
        submission of competitive proposals; and
          (8) where applicable, a description of a preferential right 
        to the award of the proposed concession contract held by an 
        existing concessioner as set forth in subsection (g).
    (d) Minimum Requirements.--
          (1) No proposal shall be considered which fails to meet the 
        minimum requirements as determined by the Secretary. Such 
        minimum requirements shall include, but need not be limited to:
                  (A) the minimum acceptable franchise fee or other 
                forms of consideration to the government;
                  (B) any facilities, services, or capital investment 
                required to be provided by the concessioner; and
                  (C) measures necessary to ensure the protection and 
                preservation of park resources.
          (2) The Secretary shall reject any proposal, regardless of 
        the franchise fee offered, if the Secretary determines that the 
        person, corporation or entity is not qualified, is not likely 
        to provide satisfactory service, or that the proposal is not 
        responsive to the objectives of protecting and preserving park 
        resources and of providing necessary and appropriate facilities 
        and services to the public at reasonable rates.
          (3) If all proposals submitted to the Secretary either fail 
        to meet the minimum requirements or are rejected by the 
        Secretary, the Secretary shall establish new minimum contract 
        requirements and re-initiate the competitive selection process 
        pursuant to this section.
          (4) The Secretary may not execute a concession contract which 
        materially amends or does not incorporate the proposed terms 
        and conditions of the concession contract as set forth in the 
        applicable prospectus. If proposed material amendments or 
        changes are considered appropriate by the Secretary, the 
        Secretary shall resolicit offers for the concession contract 
        incorporating such material amendments or changes.
    (e) Selection of the Best Proposal.--
          (1) In selecting the best proposal, the Secretary shall 
        consider the following principal factors:
                  (A) the responsiveness of the proposal to the 
                objectives of protecting and preserving park resources 
                and values and of providing necessary and appropriate 
                facilities and services to the public at reasonable 
                rates;
                  (B) the experience and related background of the 
                person, corporation, or entity submitting the proposal, 
                including but not limited to, the past performance and 
                expertise of such person, corporation or entity in 
                providing the same or similar facilities or services;
                  (C) the financial capability of the person, 
                corporation or entity submitting the proposal; and
                  (D) the proposed franchise fee: Provided, That 
                consideration of revenue to the United States shall be 
                subordinate to the objectives of protecting and 
                preserving park resources and of providing necessary 
                and appropriate facilities to the public at reasonable 
                rates.
          (2) The Secretary may also consider such secondary factors as 
        the Secretary deems appropriate.
          (3) In developing regulations to implement this title, the 
        Secretary shall consider the extent to which plans for 
        employment of Indians (including Native Alaskans) and 
        involvement of 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.
    (f) Congressional Notification.--The Secretary shall submit any 
proposed concession contract with anticipated annual gross receipts in 
excess of $5,000,000 or a duration of ten years or more to the 
Committee on Energy and Natural Resources of the United States Senate 
and the Committee on Resources of the United States House of 
Representatives. The Secretary shall not award any such proposed 
contract until at least 60 days subsequent to the notification of both 
committees.
    (g) Preferential Right of Renewal.--
          (1) Except as provided in paragraph (2), the Secretary shall 
        not grant a concessioner a preferential right to renew a 
        concession contract, or any other form of preference to a 
        concession contract.
          (2) The Secretary shall grant a preferential right of renewal 
        to an existing concessioner with respect to proposed renewals 
        of the categories of concession contracts described by 
        subsection (h), subject to the requirements of that subsection.
          (3) As used in this title, the term ``preferential right of 
        renewal'' means that the Secretary, subject to a determination 
        by the Secretary that the facilities or services authorized by 
        a prior contract continue to be necessary and appropriate 
        within the meaning of section 402 of this title, shall allow a 
        concessioner qualifying for a preferential right of renewal the 
        opportunity to match the terms and conditions of any competing 
        proposal which the Secretary determines to be the best proposal 
        for a proposed new concession contract which authorizes the 
        continuation of the facilities and services provided by the 
        concessioner under its prior contract.
          (4) A concessioner which successfully exercises a 
        preferential right of renewal in accordance with the 
        requirements of this title shall be entitled to award of the 
        proposed new concession contract to which such preference 
        applies.
    (h) Outfitter and Guide Services and Small Contracts.--The 
provisions of subsection (g) shall apply only to concession contracts 
authorizing outfitter and guide services and concession contracts with 
anticipated annual gross receipts under $500,000 as further described 
below and which otherwise qualify as follows:
          (1) Outfitting and guide contracts.--For the purposes of this 
        title, an ``outfitting and guide concession contract'' means a 
        concession contract which solely authorizes the provision of 
        specialized backcountry outdoor recreation guide services which 
        require the employment of specially trained and experienced 
        guides to accompany park visitors in the backcountry so as to 
        provide a safe and enjoyable experience for visitors who 
        otherwise may not have the skills and equipment to engage in 
        such activity. Outfitting and guide concessioners, where 
        otherwise qualified, include, but are not limited to, 
        concessioners which provide guided river running, hunting, 
        fishing, horseback, camping, and mountaineering experiences. An 
        outfitting and guide concessioner is entitled to a preferential 
        right of renewal under this title only if--
                  (A) the contract the outfitting and guide 
                concessioner holds does not grant the concessioner any 
                interest, including, but not limited to, any leasehold 
                surrender interest or possessory interest, in capital 
                improvements on lands owned by the United States within 
                a unit of the National Park System: Provided, That this 
                limitation shall not apply to capital improvements 
                constructed by a concessioner pursuant to the terms of 
                a concession contract prior to the effective date of 
                this title; and
                  (B) the Secretary determines that the concessioner 
                has operated satisfactorily during the term of the 
                contract (including any extension thereof); and
                  (C) the concessioner has submitted a responsive 
                proposal for a proposed new contract which satisfies 
                the minimum requirements established by the Secretary 
                pursuant to subsection (d).
          (2) Contracts with anticipated annual gross receipts under 
        $500,000.--A concessioner which holds a concession contract 
        where the Secretary has estimated that its renewal will result 
        in gross annual receipts of less than $500,000 shall be 
        entitled to a preferential right of renewal under this title 
        if--
                  (A) the Secretary has determined that the 
                concessioner has operated satisfactorily during the 
                term of the contract (including any extension thereof); 
                and
                  (B) the concessioner has submitted a responsive 
                proposal for a proposed new concession contract which 
                satisfies the minimum requirements established by the 
                Secretary pursuant to subsection (d).
    (i) New or Additional Services.--The Secretary shall not grant a 
preferential right to a concessioner to provide new or additional 
services in a park.
    (j) Secretarial Authority.--Nothing in this title shall be 
construed as limiting the authority of the Secretary to determine 
whether to issue a concession contract or to establish its terms and 
conditions in furtherance of the policies expressed in this title.
    (k) Exceptions.--Notwithstanding the provisions of this section, 
the Secretary may award, without public solicitation--
          (1) a temporary concession contract or extend an existing 
        concession contract for a termnot to exceed three years in 
order to avoid interruption of services to the public at a park, except 
that prior to making such an award, the Secretary shall take all 
reasonable and appropriate steps to consider alternatives to avoid such 
interruption; and
          (2) a concession contract in extraordinary circumstances 
        where compelling and equitable considerations require the award 
        of a concession contract to a particular party in the public 
        interest. Such award of a concession contract shall not be made 
        by the Secretary until at least thirty days after publication 
        in the ``Federal Register'' of notice of the Secretary's 
        intention to do so and the reason for such action, and notice 
        to the Committee on Energy and Natural Resources of the United 
        States Senate and the Committee on Resources of the United 
        States House of Representatives.

SEC. 404. TERM OF CONCESSION CONTRACTS.

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

SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT.

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

SEC. 406. REASONABLENESS OF RATES.

    The reasonableness of a concessioner's rates and charges to the 
public, unless otherwise provided in the contract, shall be judged 
primarily by comparison with those rates and charges for facilities and 
services of comparable character under similar conditions, with due 
consideration for length of season, peakloads, average percentage of 
occupancy, accessibility, availability and costs of labor and 
materials, type of patronage, and other factors deemed significant by 
the Secretary. A concessioner's rates and charges to the public shall 
be subject to approval by the Secretary pursuant to the terms of the 
concession contract. The approval process utilized by the Secretary 
shall be as prompt and unburdensome to the concessioner as possible and 
shall rely on market forces to establish reasonableness of rates and 
charges to the maximum extent practicable.

SEC. 407. FRANCHISE FEES.

    (a) In General.--A concession contract shall provide for payment to 
the government of a franchise fee or such other monetary consideration 
as determined by the Secretary, upon consideration of the probable 
value to the concessioner of the privileges granted by the particular 
contract involved. Such probable value is a reasonable opportunity for 
net profit in relation to capital invested and the obligations of the 
contract. Consideration of revenue to the United States shall be 
subordinate to the objectives of protecting and preserving park areas 
and of providing adequate and appropriate services for visitors at 
reasonable rates.
    (b) Amount of Franchise Fees.--The amount of the franchise fee or 
other monetary consideration paid to the United States for the term of 
the concession contract shall be specified in the concession contract 
and may only be modified to reflect substantial, unanticipated changes 
from the conditions anticipated as of the effective date of the 
contract. The Secretary shall include in concession contracts with a 
term of more than five years a provision which allows reconsideration 
of the franchise fee at the request of the Secretary or the 
concessioner in the event of such substantial, unanticipated changes. 
Such provision shall provide for binding arbitration in the event that 
the Secretary and the concessioner are unable to agree upon an 
adjustment to the franchise fee in these circumstances.
    (c) Special Account.--All franchise fees (and other monetary 
consideration) paid to the United States pursuant to a concession 
contract shall be covered into a special account established in the 
Treasury of the United States. The funds contained in such special 
account shall be available for expenditure by the Secretary, without 
appropriation, until expended for use in accordance with subsection 
(d).
    (d) Use of Franchise Fees.--Funds contained in the special account 
shall be transferred to a subaccount and shall be allocated to each 
applicable unit of the National Park System, based on the proportion 
that the amount of concession contract fees collected from the unit 
during the fiscal year bears to the total amount of concession contract 
fees collected from all units of the National Park System during the 
fiscal year, to fund high-priority resource management and visitor 
services programs and operations.

SEC. 408. TRANSFER OF CONCESSION CONTRACTS.

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

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

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

SEC. 410. CONTRACTING FOR SERVICES.

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

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

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

SEC. 412. RECORDKEEPING REQUIREMENTS.

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

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

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

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

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

SEC. 415. REGULATIONS.

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

SEC. 416. COMMERCIAL USE AUTHORIZATIONS.

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

                        TITLE V--FEE AUTHORITIES

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

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

SEC. 502. COMMERCIAL FILMING ACTIVITIES.

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

SEC. 503. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES.

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

                TITLE VI--NATIONAL PARK PASSPORT PROGRAM

SEC. 601. PURPOSES.

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

SEC. 602. NATIONAL PARK PASSPORT PROGRAM.

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

SEC. 604. INTERNATIONAL PARK PASSPORT PROGRAM.

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

SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.

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

              TITLE VII--NATIONAL PARK FOUNDATION SUPPORT

SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

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

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

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

                  TITLE VIII--MISCELLANEOUS PROVISIONS

SEC. 801. UNITED STATES PARK POLICE.

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

SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS.

    (a) In General.--Section 3 of Public Law 91-383 (16 U.S.C. 1a-2) is 
amended by adding at the end the following:
    (k) Leases.--
          ``(1) In general.--The Secretary may enter into a lease with 
        any person or governmental entity for the use of buildings and 
        associated property administered by the Secretary as part of 
        the National Park System.
          ``(2) Use.--Buildings and associated property leased under 
        paragraph (1)--
                  ``(A) shall be used for an activity that is 
                consistent with the purposes established by law for the 
                unit in which the building is located;
                  ``(B) shall not result in degradation of the purposes 
                and values of the unit; and
                  ``(C) shall be compatible with National Park Service 
                programs.
          ``(3) Rental amounts.--
                  ``(A) In general.--With respect to a lease under 
                paragraph (1)--
                          ``(i) payment of fair market value rental 
                        shall be required; and
                          ``(ii) section 321 of the Act of June 30, 
                        1932 (47 Stat. 412, chapter 314; 40 U.S.C. 
                        303b) shall not apply.
                  ``(B) Adjustment.--The Secretary may adjust the 
                rental amount as appropriate to take into account any 
                amounts to be expended by the lessee for preservation, 
                maintenance, restoration, improvement, or repair and 
                related expenses.
                  ``(C) Regulation.--The Secretary shall promulgate 
                regulations implementing this subsection that includes 
                provisions to encourage and facilitate competition in 
                the leasing process and provide for timely and adequate 
                public comment.
          ``(4) Special account.--
                  ``(A) Deposits.--Rental payments under a lease under 
                paragraph (1) shall be deposited in a special account 
                in the Treasury of the United States.
                  ``(B) Availability.--Amounts in the special account 
                shall beavailable 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 is authorized to enter into an agreement 
        with a State or local government agency to provide for the 
        cooperative management of the Federal and State or local park 
        areas: Provided, That the Secretary may not transfer 
        administration responsibilities for any unit of the National 
        Park System.
          ``(2) Provision of goods and services.--Under a cooperative 
        management agreement, the Secretary may acquire from and 
        provide to a State or local government agency goods and 
        services to be used by the Secretary and the State or local 
        governmental agency in the cooperative management of land.
          ``(3) Assignment.--An assignment arranged by the Secretary 
        under section 3372 of title 5, United States Code, of a 
        Federal, State, or local employee for work in any Federal, 
        State, or local land or an extension of such an assignment may 
        be for any period of time determined by the Secretary and the 
        State or local agency to be mutually beneficial.''.
    (b) Historic Lease Process Simplification.--The Secretary is 
directed to simplify, to the maximum extent possible, the leasing 
process for historic properties with the goal of leasing available 
structures in a timely manner.

    2. Amend title so as to read: ``A bill to provide for 
improved management and increased accountability for certain 
National Park Service programs, and for other purposes.''

                         Purpose of the Measure

    The purposes of S. 1693, as ordered reported, are to reform 
and improve the management and accountability of several 
National Park Service programs, as well as to expand 
opportunities for the Park Service to increase and retain 
additional revenues for the operation of the National Park 
System.

                          Background and Need

    S. 1693 incorporates several management directives for the 
National Park Service, along with new authority to raise and 
retain fee revenues, to be used in reducing the large backlog 
of Park Service funding needs.
    In 1992, as part of the National Park Service's 75th 
Anniversary, the agency held a symposium in Vail, Colorado to 
prepare recommendations to guide the Park Service into the 21st 
Century. The report from the symposium became known as the 
``Vail Agenda.'' Many of the provisions included in S. 1693 
incorporate recommendations from the Vail Agenda Report, 
National Parks for the 21st Century--The Vail Agenda.
    Over the past year, the Committee has held numerous 
hearings to review operational and funding needs of the 
National Park Service. 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 includes several Park Service 
programs and functions, background on individual components is 
described below.

NPS career development, training and management

    One of the strategic objectives contained in the Vail 
Agenda report 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 Park Service personnel and 
management issues.
    Partly as a result of the Vail Agenda, in 1994 the Park 
Service begin to implement a new ``Ranger Careers Directive,'' 
outlining job and training criteria for park rangers. A new 
position structure and career ladder was developed and initial 
conversion of all permanent park rangers to the Ranger Careers 
system was completed in July, 1994. Although the Ranger Careers 
Directive is the farthest along in development, new career 
directives are also being established for other Park Service 
career tracks. However, because of funding constraints, the 
Ranger Careers Directive has not been fully implemented.
    In 1995, the Park Service adopted the Employee Training and 
Development Strategy which defined 16 career fields within the 
National Park Service. A set of Universal Essential 
Competencies were developed that would apply to all Park 
Service employees. The purpose of these competencies 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 on essential needs identified by employees and 
supervisors.
    Consistent with these goals, title I of S. 1693 provides 
legislative direction to the Park Service to implement a 
comprehensive employee training and management program for all 
employees.

Resource inventory and management

    The complex and technical nature of resource management in 
the National Park Service requires more specialized expertise 
than can be provided exclusively by generalist rangers or even 
natural resource generalists. This specialized experience in 
particularly required as the Park Service policies, actions, 
and proposal review comments are often challenged in courts and 
by outside experts where park resource preservation objectives 
conflict with commercial or other interests.
    Unfortunately, many National Park units are subject to a 
wide variety of natural resource impacts and threats. Air 
pollution has degraded the magnificent views in Grand Canyon 
and Shenandoah National Parks, while water quality and quantity 
problems threaten the delicate aquatic ecosystems in 
Everglades. Many parks today face urban encroachment and many 
more suffer from the impacts of excessive visitation. Left 
unchecked, these factors could threaten the very existence of 
many biotic communities within the parks.
    Recognizing the importance of this issue, the first 
strategic objective contained in the Vail Agenda report was a 
statement that ``the primary objective of the National Park 
Service must be protection of park resources from internal and 
external impairment.'' To meet these resource stewardship 
responsibilities, the report recommended the park managers have 
solid natural resource information at their disposal.
    Title II of S. 1693 directs the Park Service 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.

Procedures for establishing new units of the National Park System

    Initially composed only of isolated scenic and natural 
areas, the National Park System has grown to comprise 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 National Park Service studies areas 
to determine if they are nationally significant, and if so, 
whether they potential could be added to the National Park 
System.
    New area studies may be initiated by the Park Service 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 
Park Service establishes priorities andconducts studies as 
funds are available.
    The earliest reference to criteria for inclusion in the 
National Park System dates back to 1918. The same principle 
that was developed in 1918 was repeated in a policy statement 
developed in 1936 and adopted by the Advisory Board on National 
Parks, Historic Sites, Buildings and Monuments. These 
principles stated that the Park Services should seek scenery of 
supreme and distinctive quality or some natural feature so 
extraordinary or unique as to be of national interest and 
importance. Concern was also expressed that no area should be 
included that would be lower in standard dignity, and prestige 
by inclusion of such area into the National Park System.
    Early statements about eligibility for inclusion in the 
National Park System have been refined and updated over the 
years, but the basic concepts have remained intact. The most 
recent statement of criteria for additions to the National Park 
System appears in the Park Service's 1988 Management Policies. 
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 National Park Service 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. The same criteria also recognize that inclusion of 
an area in the National Park System is not the only option for 
preserving the outstanding resources.
    Title III of S. 1693 essentially codifies the Park 
Service's study guidelines in order to ensure that new areas 
recommended for addition to the National Park System are 
appropriate for inclusion in the system.

NPS concession management

    When 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 National Park Service.
    Originally the National Park Service 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 National Park Service 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, these are 
approximately 640 concessions 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 National Park Service. 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.
    Concession policy has been a topic of intense interest for 
many years. Numerous Congressional oversight hearings have been 
conducted and the issue has been the subject of numerous 
studies, reports, and analyses prepared by the Congress, the 
General Accounting Office, the Department of the Interior, the 
Department's Inspector General, the National Park Service, and 
a variety of independent research organizations. All of the 
studies and reports have repeatedly concluded that several 
provisions in the 1965 Concessions Policy Act serve as barriers 
to increased competition for future contracts.
    The Park Service is currently operating under regulations 
and standard contract language developed by former Secretary of 
the Interior Manuel Lujan. The new policies 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 National Park Service 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.
    Title IV of S. 1693 repeals the 1965 Concessions Policy Act 
and establishes a new, comprehensive concession management 
program that will establish a more competitive selection 
process for the awarding of park concession contracts, while 
protecting concessioner investments made pursuant to concession 
contracts.

Recreational Fee Demonstration Program

    The FY 1996 Interior and Related Agencies Appropriations 
Act established a demonstration program which authorized 
Federal land management agencies to establish newentrance and 
user fees, and to retain the revenues collected. The program has been 
amended in subsequent Appropriation Acts, and will expire at the end of 
FY 1999.
    Under the fee demonstration program, each agency may 
designate up to 100 demonstration sites. An amendment to the FY 
1998 Interior Appropriations bill authorized the 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 
National Park Service has by far the largest fee collection 
program among the Federal land management agencies. For FY 
1999, the Park Service 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. Some of the demonstration fee 
revenue will also be reinvested in infrastructure and new 
collection methodologies in order to expand the fee collection 
capabilities to other areas.
    The demonstration program expires on September 30, 1999. 
Because the Park Service has shown very positive preliminary 
results from its implementation of the program, title V of S. 
1693 extends the program's authority--solely with respect to 
the Park Service--for six additional years, through FY 1996. 
The amendment also broadens the scope of the program to include 
all park units, as well as system-wide fee projects

Commercial filming activities

    The National Park Service allows commercial photography and 
filming activities within units of the National Park System, 
consistent with the protection and public enjoyment of park 
resources. National parks have provided the background setting 
for thousands of commercial filming activities including small 
commercial advertisement productions, documentaries, television 
series, and major motion pictures. Some of the more well-known 
productions include ``Star Wars,'' filmed in White Sands 
National Monument; ``The Last of the Mohicans,'' filmed in the 
Blue Ridge Parkway; ``Dances with Wolves,'' filmed in Badlands 
National Park, and ``In the Line of Fire,'' which was filmed at 
several National Park Service sites throughout the capital 
region. The long-running television series ``Dr. Quinn, 
Medicine Woman'' was also filmed on location in the Santa 
Monica Mountains National Recreation Area in southern 
California.
    Most commercial filming activities are authorized by 
permit, although no permit is required for news events, and 
commercial still photography that does not involve product or 
service advertisement or the use of models, sets, or props. 
Under Park Service policy, the local park manager determines if 
a proposed filming or photography activity requires a permit.
    The Park Service is currently prohibited by Department 
policy (43 CFR 5.1(b)) from charging fees for commercial 
filming activities within the National Park System, although it 
does have the authority to recover costs associated with 
processing permit requests, monitoring filming activities, 
providing security and crowd control. The Park Service is also 
allowed to accept voluntary contributions from filming 
companies, although it is prohibited from soliciting them.
    Other Federal and State land management agencies are able 
to assess fees for commercial filming activities on their land. 
For example. The Bureau of Land Management and Forest Service 
are authorized to charge fair market value for filming 
activities on BLM and National Forest lands, and the Navajo 
Nation charges up to $2,000 per day for filming in Monument 
Valley, a very popular filming site.
    Consistent with the fee authorities available to other land 
management agencies, title V of S. 1693 would authorize the 
Park Service to charge a reasonable fee for commercial filming 
activities within the National Park System.

National Park Foundation support

    The National Park Foundation is the official non-profit 
partner of the National Park Service. 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 National Park 
Service 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. Title VII of S. 1693 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.

United States Park Police study

    The United States Park Police (USPP) has responsibilities 
for providing law enforcementservices within the District of 
Columbia, as well as on other Federal reservations in the Washington 
metropolitan area, New York, and San Francisco.
    The United States Park Police Aviation Program provides law 
enforcement, medical evacuation, rescue, and other emergency 
services 24 hours a day, 7 days a week. In 1997, the District 
of Columbia 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 in excess of 3,200 
flight hours, while another has in excess of 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.
    Since 1994, the USPP has been trying to eliminate personnel 
and operational shortfalls within existing fiscal resources. At 
the same time, the USPP was tasked with new law enforcement 
responsibilities transfer at the Presidio in San Francisco; the 
Statue of Liberty, Ellis Island and Fort Wadsworth in New York 
City; and the Korean War Memorial and FDR Memorial in 
Washington, DC. Existing USPP personnel levels have not 
increased despite the increased responsibilities.
    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 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.
    Title VIII of S. 1693 directs the Secretary of the Interior 
to conduct a study identifying all law enforcement needs for 
the National Park Service, including a separate report for the 
U.S. Park Police.

Cooperative agreements

    The FY 1998 Interior Appropriations bill authorized the 
Secretary of the Interior to enter into agreements with the 
State of California for the cooperative management Redwood 
National Park, and adjacent State park lands. This cooperative 
management allows for more efficient management and cost 
savings for both the Federal government and the State of 
California.
    However, with the exception of Redwood National Park, the 
National Park Service 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.
    Title VIII of S. 1693 provides the Park Service with 
generic authority to enter into cooperative management 
agreements with State or local park agencies.

Leasing authority

    The National Park Service began leasing historic properties 
in 1982, in accordance with the 1980 amendments to the National 
Historic Preservation Act. By law, the Park Service is limited 
to leasing historic buildings, structures, and lands designated 
as historic.
    Each lease is competitively offered and the United States 
is required to receive fair market rental value based on an 
appraisal of the property, adjusted for investments required to 
be made by the lessee. The term of the lease is for the 
shortest time needed for the proposed use, taking into account 
required lessee investments and other relevant factors. No 
lease exceeds 99 years. The income is covered into a treasury 
account available to the Park Service for the preservation of 
historic properties.
    Title VIII of S. 1693 would broaden the leasing authority 
to enable the Park Service 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.

                          Legislative History

    S. 1693, was introduced by Senators Thomas and Abraham on 
February 27, 1998. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held hearings on S. 1693 on April 
1, 1998, April 30, 1998, May 7, 1998, and May 14, 1998.
    Since the introduction of S. 1693, Senators Enzi, Grams, 
Murkowski, Bennett, Campbell and Landrieu were added as 
cosponsors.
    At the business meeting on May 20, 1998, the Committee on 
Energy and Natural Resources ordered S. 1693, as amended, 
favorably reported.

            Committee Recommendation and Tabulation of Votes

    The Committee on Energy and Natural Resources, in open 
business session on May 20, 1998, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 1693, if 
amended as described herein.
    The roll call vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles1 \1\
Mr. Craig
Mr. Campbell \1\
Mr. Thomas
Mr. Kyl \1\
Mr. Grams
Mr. Smith \1\
Mr. Gorton
Mr. Burns
Mr. Bumpers
Mr. Ford \1\
Mr. Bingaman
Mr. Akaka
Mr. Dorgan
Mr. Graham \1\
Mr. Wyden \1\
Mr. Johnson
Ms. Landrieu

    (\1\ Indicates voted by proxy.)

                          Committee Amendment

    During the consideration of S. 1693, the Committee adopted 
an amendment in the nature of a substitute and an amendment to 
the title. The substitute amendment deletes certain titles from 
S. 1693 as introduced, and makes significant changes to most 
other titles in the bill, including park concession reform. The 
substitute amendment consists of eight titles, as follows:
    Title I establishes a career development, training and 
management program for the National Park Service. The Secretary 
of the Interior is directed to ``continually improve the 
ability of the Park Service to provide state-of-the-art 
management, protection, research, and interpretation of 
National Park System resources. The Secretary is directed to 
develop a comprehensive training program for Park Service 
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.
    The amendment 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 the 5-year strategic plans and an annual performance 
plan for each park prepared pursuant to the Government 
Performance and Results Act.
    Title II directs the Secretary to establish a scientific 
research program for the National Park Service. The amendment 
directs the Secretary to enter into cooperative agreements with 
colleges and universities to establish cooperative study units 
to conduct multi-disciplinary research on park resources. The 
Secretary is also directed to undertake an inventory 
andmonitoring 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.
    Title III codifies the Park Service's procedures for 
studying areas for potential addition to the National Park 
System. The title includes several criteria that are to be 
considered in evaluating potential park areas; these criteria 
are essentially the same as the Park Service's current informal 
guidelines.
    Title IV makes significant changes to National Park Service 
concession policies. The Secretary is directed to award 
concession contracts through a competitive selection process. 
The Concession Policy Act of 1965 is repealed, except for 
contracts for which a prospectus is issued bid before August 1, 
1998. The amendment retains language from the 1965 Act that new 
development in parks be limited to those the Secretary 
determines to be necessary and appropriate for public use and 
enjoyment, and which are consistent to the highest practical 
degree with the preservation and conservation of the parks.
    Under the amendment, most incumbent concessioners would no 
longer be granted a preferential right to renew their contract, 
and no concessioners would be granted a preferential right to 
provide new or additional services. 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.
    The amendment provides that a concessioner's existing 
possessory interest is to be capped as of the termination date 
of the current contract, and then adjusted annually for 
inflation. A concessioner would be entitled to an interest in 
newly-built facilities equal to the concessioner's construction 
cost, with annual adjustments for inflation. The interest, 
which is called a ``leasehold surrender value,'' 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.
    The amendment does not establish an asset manager to 
operate concession activities, as provided in S. 1693 as 
introduced. However, it establishes a broad-based advisory 
board to advise the Secretary on concession management 
activities. In addition, the Secretary is directed, to the 
maximum extent practicable, to contract with private entities 
to conduct health and safety inspections, quality control of 
concession operations, analysis of appropriate prices set by a 
concessioner, and contract financial analysis.
    All franchise fees are to be retained and expended by the 
Secretary for park purposes, without further appropriation.
    Title V deals with National Park Service fee authorities. 
It extends (solely for the Park Service) the provisions of the 
Recreational Fee Demonstration Program, which are scheduled to 
expire at the end of FY 1999. The program will be extended 
through FY 2005.
    The amendment also directs the Secretary to establish a 
reasonable fee for commercial filming activities in the 
National Park System, and, in addition, to recover all costs 
associated with administering and monitoring filming 
activities. Still photography would be excluded from any fee 
requirements, except for still photography utilizing models or 
props. All revenues from commercial filming activities would 
remain in the park for expenditure on high-priority visitor 
service or resource management projects.
    The bill 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 authorizes the Secretary to issue a new ``National 
Park Passport'' and ``International Park Passport'' which will 
authorize the holder unlimited access to units 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 International Park Passports, 
which would only be sold overseas and available to non-U.S. 
citizens, would allow access to parks for 45 days at a cost of 
$40. The Park Service has indicated a desire to try and market 
these type of ``collectible'' passports and to 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 in the 
National Park System. The existing Golden Eagle Passport 
program, which also allows for unlimited annual access to parks 
and other Federal recreation fee areas, would not be affected 
by this program.
    Title VII authorizes the National Park Foundation to design 
and implement a program to promote increased philanthropic 
support for individual units of the National Park System. The 
program would be implemented in cooperation with local 
nonprofit park support groups.
    Title VIII includes a requirement for the Secretary to 
conduct a study of law enforcement needs in the National Park 
Service, including a separate report of the U.S. Park Police 
needs. The title also gives the Park Service general authority 
to lease unused buildings located within park areas, so long as 
the leasing is consistent with park purposes. Finally, the 
title authorizes the Secretary to enter into cooperative 
agreements with State and local governments to enable better 
coordination of management between adjacent Federal and State 
park areas.
    The amendment deletes provisions in S. 1693 as introduced 
relating to an income tax check-off for park purposes and 
bonding authority for park capital projects.
    The amendment is described in detail in the section-by-
section analyses, below.

                      Section-by-Section Analysis

    Section 1 contains the bill's short title, the ``Vision 
2020 National Park System Restoration Act.''
    Section 2 defines the terms ``Secretary of the Interior'' 
and ``unit of the National Park System.''

        title i--nps career development, training and management

    Section 101 directs the Secretary of the Interior 
(Secretary) to continually improve the ability of the National 
Park Service to provide state-of-the-art management, 
protection, interpretation, and research on National Park 
System resources.
    Section 102 requires the Secretary to develop a Park 
Service-wide comprehensive training program for all 
professional areas of employment in the National Park System.
    Section 103 directs the Secretary to develop a clear plan 
for management training and development plan, whereby career 
professional employees from all fields can qualify for 
management positions, including superintendent.
    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 budgets.

              title ii--resource inventory and management

    Section 201 sets forth the purposes of the title, which are 
to enable the Park Service 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 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(a) directs the Secretary to utilize cooperative 
agreements with colleges and universities, including land grant 
schools, in 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 progress in 
establishment of these cooperative study units.
    Section 204 directs the Secretary to undertake a program, 
coordinated with other such efforts, of inventory and 
monitoring of park resources in order to develop baseline 
information on the trends and conditions of the resources.
    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 Park Service 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.
    Section 206 requires the Secretary to incorporate the 
results of scientific research into park management decisions, 
and requires the Park Service to document when resource 
impairment may occur because of Park Service actions, and 
whether the results of research were taken into account in 
proposing the action.
    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--procedures for establishment of new park units

    Section 301 amends the National Park Service General 
Authorities Act (16 U.S.C. 1a-5) to require the Secretary to 
submit an annual report to Congress listing areas recommended 
for study for possible inclusion in the National Park System, 
if any.
    This section also lists a number of criteria to be 
considered by the NPS in compiling the annual list, including a 
requirement to consider nominations from Members of Congress 
and the public; and what alternatives to Park Service 
management exist. The listed criteria essentially codify 
current Park Service guidelines for the study of new areas.
    The section makes it clear that this provision does not 
alter the study provisions of the Wild and Scenic Rivers Act or 
National Trails Systems Act. It requires that there be 
opportunity for public comment and for private landowner and 
State and local government notification prior to including 
their lands in any list of report.

        title iv--national park service concession policy reform

    Public Law 89-249, the Concessions Policy Act of 1965 (1965 
Act), established a numberof policies and procedures for the 
management of concessions in units of the National Park System. For the 
most part, these policies and procedures have satisfactorily provided 
an appropriate statutory framework since 1965. However, with the 
passage of time and changes to the circumstances of many parks, some of 
these policies and procedures are in need of modification to reflect 
current conditions. Particularly, the Committee considers that certain 
of the incentives provided to concessioners by the 1965 Act to 
encourage concessioners to invest in visitor facilities in units of the 
National Park System are no longer necessary in light of contemporary 
park visitation levels and enhanced accessibility to remote areas. 
Accordingly, certain of the policies and procedures as contained in the 
1965 Act are modified by title IV of S. 1693 to reflect current 
circumstances.
    Section 401 contains the short title, the ``National Park 
Service Concessions Management Improvement Act of 1988.''
    Section 402 sets out Congressional findings and statements 
of purposes. This section remains unchanged from the 1965 Act. 
The Committee considers that the fundamental policies regarding 
concession activities in units of the National Park System as 
expressed in the 1965 Act are still valid, as follows: (1) 
visitor accommodations, facilities and services should be 
provided only under carefully controlled safeguards so that 
heavy visitation will not unduly impair park 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 those that are necessary and 
appropriate for public enjoyment of the unit of the National 
Park System in which they are located and that are consistent 
to the highest degree practicable with the preservation and 
conservation of the park.
    Section 403 sets out new policies and procedures requiring, 
in most circumstances, the competitive award of National Park 
Service concession contracts. This a change from the 1965 Act 
and previous law which does not require a fully competitive 
process in the award of concession contracts.
    Subsection (a) 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.
    Subsection (b) establishes 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.
    Subsection (c) states the kinds of information that are to 
be included in prospectuses for concession contract 
opportunities, including, but not limited to, 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.
    Section (d) describes the minimum concessions 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 and 
preservation of park resources. It also requires the Secretary 
to reject any proposal, regardless of the franchise fee 
offered, if the Secretary determines that the offeror 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 and preserving park 
resources and of providing necessary and appropriate facilities 
and services to the public at reasonable rates.
    The subsection 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 subsection 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.
    Subsection (e) 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 and preserving 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 of protecting and 
preserving park resources and of providing necessary and 
appropriate facilities to the public at reasonable rates.
    This subsection also authorizes the Secretary to consider 
such secondary factors as the Secretary deems appropriate and 
directs that in developing implementing regulations, 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 contract should be identified 
as a factor in the selection of a best proposal.
    Subsection (f) 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 onResources 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.
    Subsection (g) states that except as provided in paragraph 
(2) (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 (g)(2)) 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 
units of the National Park System and in recognition of present 
business conditions, the Committee considers that generally 
there is now no need to provide a preferential right of renewal 
to concessioners in order to obtain qualified operators. 
Accordingly, to foster appropriate competition in the award of 
National Park Service 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 subsection (h) below, a 
preferential right of renewal is maintained for two categories 
of concession contracts.
    Subsection (h) 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.
    Paragraph (h)(1) 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 subsection also describes the types of operations that 
qualify as outfitters and guides, including, but not limited 
to, 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 subsection (h), an otherwise qualified outfitting and 
guide concessioner, in order to be entitled to a preferential 
right of renewal, 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 subsection.
    The Committee notes that outfitters and guides often 
operate within any specific year on lands administered by the 
National Park Service, Forest Service, Bureau of Land 
Management, and the State. This is particularly true in Alaska. 
Currently the Park Service 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 the provisions of ANILCA.
    Paragraph (h)(2) maintains the preferential right of 
renewal for concession contracts with anticipated 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 needed to provide a safe 
and enjoyable experience to backcountry visitors in need of 
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.
    Subsection (I) provides that the Secretary shall not grant 
a preferential right to aconcessioner to provide new or 
additional services in a park area. This is a change to the 1965 Act, 
in the interest of enhancement of 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.
    Subsection (j) makes clear that nothing in this title, 
including, but not limited to 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 section 402.
    Subsection (k) authorizes the non-competitive award of 
concession contracts 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 in order 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 thirty 
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 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 establishes the term of concession contracts as 
no more than ten years although the Secretary may award a 
contract for a term of up to twenty years if the Secretary 
determines that the contract terms and conditions, including 
the required construction of capital improvements, warrant a 
longer term. It is the Committee's intent that the term of a 
concession contract should be as short as possible consistent 
with providing the concessioner a reasonable business 
opportunity.
    Section 405 provides 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 property right of the 
concessioner, 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) must be transferred by the concessioner in 
connection with any transfer of the concession contract; (3) 
may be relinquished or waived by the concessioner; (4) shall 
not be extinguished by the expiration or other termination of a 
concession contract; and (5), may not be taken for public use 
except on payment of just compensation.
    The value of a leasehold surrender interest in a newly-
constructed capital improvement is to be equal to the 
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, 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 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 in the 1965 
Act (Public Law 89-249) under the terms of a concession 
contract entered into prior to the date of enactment of this 
title, shall, upon the expiration or termination of 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; 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 and is to carryover as the initial value of such 
leasehold surrender interest (instead of construction cost) the value 
of the existing possessory interest as of the termination date of the 
prior contract. 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.
    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, 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, consistent with the terms of 
Public Law 89-249, 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 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 Public 
Law 89-249 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. The leasehold surrender 
interest approach addresses this concern.
    Section 406 describes the reasonableness of a 
concessioner's rates and charges to the public and provides 
that, unless otherwise stipulated in the contract, rates are to 
be judged primarily by comparison with those rates and charges 
for facilities and services of comparable character under 
similar conditions, with due consideration for length of 
season, peakloads, average percentage of occupancy, 
accessibility, availability and costs of labor and materials, 
type of patronage, and other factors deemed significant by the 
Secretary.
    This description of the reasonableness of rates is the same 
as the comparable provision in Public Law 89-249. However, new 
language has been added in the third sentence of this section 
to reflect the Committee's direction that although concessioner 
rates to the public are to be subject to approval by the 
Secretary, the approval process utilized by the Secretary is to 
be as prompt and unburdensome to the concessioner as possible 
and is to rely on market forces to establish reasonableness of 
rates and charges to the maximum extent practicable. Such rate 
approval process is to be developed by the Secretary taking 
into account the recommendations of the National Park Service 
Concessions Management Advisory Board discussed below.
    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 and preserving 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 
substantial, 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.
    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. The funds contained in the special 
account are to be available for expenditure by the Secretary, 
without appropriation, until expended for use in accordance 
with the purposes stated in subsection (d).
    Subsection (d) provides that the funds contained in the 
special account are to be allocated to each applicable unit of 
the National Park System, based on the proportion that the 
amount of concession contract fees collected from each park 
during the fiscal year bears to the total amount of concession 
contract fees collected from all units of the National Park 
System during the fiscal year, to fund high-priority resource 
management and visitor services programs and operations.
    Under existing law, franchise fees are credited to the 
miscellaneous receipts account of the Treasury and are not 
available for expenditure by the Secretary without 
appropriation. 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 
will, in effect, return to applicable park areas for the 
benefit of visitors, revenues generated from visitors to those 
areas.
    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 if the Secretary determines that: (1) the 
individual, corporation or entity seeking to acquire the 
concession contract is qualified to be able to satisfy the 
terms and conditions of the concession contract; (2) the 
conveyance or pledge is consistent with the objectives of 
protecting and preserving park resources and of providing 
necessary and appropriate facilities and services to visitors 
at reasonable rates and charges; and (3), the terms of the 
conveyance or pledge are not likely, directly or indirectly, 
to--(a) reduce the concessioner's opportunity for a reasonable 
profit over the remaining term of the contract, (b) adversely 
affect the quality of facilities and services provided by the 
concessioner, or (c) result in a need for increased rates and 
charges to the public to maintain the quality of such 
facilities and services.
    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(a) establishes the ``National Park Service 
Concessions Management Advisory Board'' (Advisory Board) to 
advise the Secretary and National Park Service on matters 
relating to management of concessions. 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 National Park 
Service concession programs and procedures more cost effective, 
efficient, and less burdensome, including, recommendations 
regarding National Park Service contracting with the private 
sector to conduct appropriate elements of concessions 
management.
    Subsection (b) states that the Advisory Board shall be 
appointed by the Secretary and is to 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 
Board, one is to be privately employed in the hospitality 
industry, one is to be privately employed in the tourism 
industry, one is to be privately employment 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 the programs 
of the National Park Service.
    The Committee is concerned that the policies and practices 
of the National Park Service 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 National Park Service concessions management for the benefit 
of both concessioners and park visitors.
    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 National Park 
Service concessions program suitable for non-federal 
fulfillment: (1) health and safety inspections; (2) quality 
control of concession operations and facilities; (3) analysis 
of rates and charges to the public; and (4), financial 
analysis. 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 is identical to the comparable provision of 
Public Law 98-249 and provides certain exceptions for 
concession contracts to government-wide requirements regarding 
leases of government property.
    Section 412 is also identical to the comparable provision 
of Public Law 89-249, and describes record-keeping requirements 
for concessioners.
    Section 413(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 
express terms and conditions of any Public Law 89-249 contact 
or permit.
    Subsection (b) authorizes the Secretary to award a 
concession contract under the terms of Public Law 89-249, 
notwithstanding the repeal of Public Law 89-249, where a 
prospectus for the contract was issued by August 1, 1998, 
pursuant to the requirements of 36C.F.R. Part 51 (the Park 
Service's current concession regulations). This grandfather clause is 
intended to avoid unnecessary delays in the transition from Public Law 
89-249 to this Act.
    Subsection (c) 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 (d) 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 (ANILCA) 
relating to revenue-producing visitor services.
    Section 414 provides for promoting the sale by 
concessioners of authentic Indian, Alaskan Native 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, and Native 
Hawaiian handicrafts is to be exempt from any franchise fee 
payments under this title.
    Section 415 directs the Secretary to adopt amended 
regulations as soon as practicable after the effective date of 
this title appropriate for its implementation. Among other 
matters, the amended 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, and Native Hawaiian handicrafts'' for the 
purposes of this Act, taking into account the recommendations 
in this regard of the National Park Service Concessions 
Management Advisory Board. The Committee considers that the 
policies 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 416(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 preservation and 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) may not issue more 
authorizations than are consistent with the preservation and 
proper management of park resources and values. In addition, 
the Secretary is to establish other conditions for issuance of 
such an authorization as the Secretary determines appropriate 
for the protection of visitors, provision of adequate and 
appropriate visitor services, and protection and proper 
management of the resources and values of the park 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; and (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 of Federally-owned lands within the boundaries of 
the park.
    Subsection (d) 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.
    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--Fee Authorities

    Section 501(a) extends the duration of the Recreational Fee 
Demonstration Program for the National Park Service 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) 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 (c) requires the Park Service to provide public 
notice at least 12 months in advance of any new or increased 
fee.
    Section 502(a) directs the Secretary to require a permit 
and assess a fee for commercial filming in units of the 
National Park System. The fee is to be ``reasonable'' and 
provide a fairreturn to the government, be based on criteria 
that include; the number of days of filming in the park, the size of 
the crew, the amount and type of equipment, and any impacts on park 
resources. The provision makes clear that the Park Service is to 
recover all costs associated with administering the filming activity, 
and that such costs are to be in addition to the applicable fee.
    The Committee encourages the Secretary to work with news 
organizations and the media to ensure that commercial filming 
fees do not apply to visual images produced for dissemination 
to the public as news.
    Subsection (b) states that the Secretary shall not require 
a permit or charge a fee for still photography in areas where 
the public is generally allowed. The Secretary is authorized to 
charge a fee for still photography which utilizes models or 
props, or if the Secretary determines that there is a 
likelihood of resource impact, disruption of the public's use 
and enjoyment of the park, or if the activity could pose health 
or safety risks.
    Subsection (c) establishes a special account in the 
Treasury into which filming fees are deposited, and from which 
they are allocated back to the parks, without further 
appropriation, to carry out high-priority visitor service and 
resource management projects.
    Section 503 directs the Secretary of Interior and the 
Secretary of Agriculture to enter into an agreement on 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

    Title VI authorizes the National Park Service to sell 
National Park Passports and International Park Passports.
    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(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 parks from 12 months from the 
date of purchase.
    Subsection (c) states that the passport is non-
transferrable.
    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 Park Service and by private 
vendors, on a consignment basis. These private vendors may 
collection 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 Park Service, 
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 cost at $50.
    Section 604(a)  establishes a new park passport for 
international travelers to the United States. The International 
Park Passport is to be established in accordance with the other 
provisions of this title, except as specifically provided in 
this section.
    Subsection (b) states that the International Park Passport 
shall be exclusively available to foreign visitors to the 
United States.
    Subsection (c) provides that the International Park 
Passport be sold only outside the United States through 
commercial tourism channels and consulates.
    Subsection (d) sets the fee of an International Park 
Passport at $10 less than the price of a national Park 
Passport, but not less than $40.
    Subsection (e) states that the passports and stamps shall 
be produced in a form that provides useful information to the 
visitor and which serves as a souvenir.
    Subsection (f) limits the validity period of the 
International Park Passport to 45 days from the date of 
purchase.
    Subsection (g) establishes a special account in the 
Treasury into which proceeds from the sale of the Internaional 
passport are to be desposited, to be used for the same purposes 
of those from sale of the National Park Passport.
    Subsection (h) requires that the International Park 
Passport program be terminated at the end of 2003 unless at 
least 200,000 passes are sold during that year.
    Section 605 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.

            title vii--national park foundation park support

    Section 701 amends the National Park Foundation enabling 
legislation 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.

                  title viii--miscellaneous provisions

    Section 801 directs the Secretary to appoint a task force 
to conduct a study of all law enforcement needs of National 
Park Service, 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 recommendation of the study by the 
task force.
    Section 802(a) expands the authority of the Park Service to 
lease buildings and associated property within units of the 
National Park System, so long as the activity on the lease is 
compatible with the purpose of the park in which it is located 
and does not derogate the values of the park.
    Proceeds from such 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 subsection also expands the Park Service's authority to 
enter into cooperative management agreements with adjacent 
State or local parks in order 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.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time this report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1693. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be colelcted in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from 
enactment of S. 1693, as ordered reported.

                        Executive Communications

    On April 30, 1998, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1693. These 
reports had not been received at the time the report on S. 1693 
was filed. When these reports become available, the Chairman 
will request that they be printed in the Congressional Record 
for the advice of the Senate. The testimony provided by the 
Department of the Interior at the Subcommittee hearings follow:

   Statement of Robert G. Stanton, Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before you today to discuss four titles of S. 1693, the 
``Vision 2020 National Park Restoration Act''. Although we may 
have different opinions on how the various issues should be 
addressed, we share the goal of ensuring a strong and healthy 
future for our nation's National Park System.
    Today, I will discuss four titles of S. 1693, which are the 
subject of this hearing. Title I addresses a number of issues 
regarding management of the National Park Service. Title II 
provides for the establishment of criteria for creating new 
units of the National Park System. Title III would extend the 
current recreational fee demonstration program through 
September 30, 2005 and expand it to all units of the National 
Park System. Title V creates a passport specifically for use 
for admission to units of the National Park System. I will 
address the issues regarding each title separately.


                       title i--management reform


Sections 101, 102 and 103: ``Ranger Career Program''
    Sections 101, 102 and 103 of Title I establish in statute a 
``Ranger Career Program'' that addresses the management and 
career training of national park rangers. We believe adoption 
of these sections would be detrimental to the overall 
administration of the National Park Service (NPS). The strength 
of the NPS and the agency's ability to meet current and future 
demands to protect and manage parks depends on the combined 
efforts of a variety of professional and technical occupations. 
The park ranger occupation is one of these occupations. The 
management of national parks and the National Park System 
requires a broad array of both resource management and visitor 
service based knowledge and skills, as well as skilled 
administrative staff. By emphasizing the role of the ranger in 
these sections of Title I, this title neglects other expertise 
needed by NPS.
    As the National Park System has grown and employees are 
needed year-round, jobs have become more diverse and our 
requirements for specialists have grown. We have a need for 
biologists, hydrologists, archaeologists and historians with 
specialized education, architects skilled in sustainable 
practices, people with business administration, accounting, and 
investment backgrounds, educators, civil engineers, maintenance 
managers, and real estate specialists to ensure wise management 
of natural and cultural resources in the park system.
    Getting the right people to work in the National Park 
Service is only part of our responsibility. We must also 
guarantee that our employees will continue to be able to meet 
the ever-changing needs of our parks. Having a training program 
that can provide those who have the ability to do a job with 
the skills they need is critical. To address this need, the 
Park Service has identified essential competencies for all 
major career fields. This informs employees of the skills 
needed to perform their jobs at various levels; helps employees 
plan their careers; and enables us to provide the needed 
training. Having people with the right skills in the right jobs 
can go a long way toward becoming a more effective and cost-
efficient organization and is critical if we are to stay 
current with our changing world.
    These sections of S. 1693 also centralize recruitment, 
training and other authorities that have been delegated to our 
field managers of several years. Redirecting these authorities 
to the Associate Director for Park Operations and Education is 
inconsistent with the management philosophy of the NPS. As 
currently administered, these delegated authorities place the 
full range of human resources management with the parks and 
programs, while insisting that actions are consistent with 
Department of the Interior and OPM policies and regulations.
    The NPS currently has the authority to conduct employee 
training and development programs and additional authorities 
are unneeded. Therefore, we are opposed to sections 101, 102 
and 103.
Section 104: Strategic management objectives
    Section 104 requires that NPS implement a strategic 
management plan, focusing on functions at all levels of the 
Service. It also instructs NPS to have measurable goals and 
objectives; to evaluate how functions can best be performed; 
and to consider increasing the use of the private sector. The 
committee should be pleased to know that several aspects of 
this section are currently being implemented by the NPS. 
Because the Service has a program in place to address the 
requirements of this section and because we find this section 
duplicative of our efforts, we are opposed to this section of 
the bill.
    Since 1994, the National Park Service has been implementing 
the Government Performance and Results Act (GPRA) which sets 
performance goals and measures the agency's success in meeting 
those goals. In implementing GPRA and the performance 
management it embodies, the NPS has deliberately taken a field-
oriented approach, developing a process and a framework which 
work both service-wide and in the various parks and partnership 
programs. The NPS used park prototypes, extensive training, its 
own Field Guide to Performance Management and GPRA and the GPRA 
Task Force to develop and implement this approach.
    In September 1997, the NPS published its first strategic 
plan to GPRA standards. That plan covers all functions 
performed everywhere in the park system, sets measurable 
outcomes concerning the condition of park resources, of visitor 
experiences and the partnership programs as well as goals to 
increase organizational effectiveness. Linkages with budget 
formulation and financial systems are being developed to 
increase accountability. In addition, the NPS' National 
Leadership Council decided that all SES and supervisory GS14 
and GS15 positions would be evaluated on their success in there 
annual performance plans. The 1997 Strategic Plan is now being 
implemented; following the requirements of GPRA, it will be 
reviewed and revised as appropriate. GPRA also requires annual 
performance plans and annual performance reports, which show 
anticipated and actual results towards goals. In addition, 
various agencies are now examining whether specific agency 
activities are redundant or unnecessary. Refining the strategic 
plan and annual performance plans in an adaptive process and we 
welcome your feedback on how to improve these plans.
Section 105: Annual budgets for National Park System
    Section 105 would require the National Park Service to 
develop and make available to the public a comprehensive annual 
budget for each national park, central office, and support 
office. As part of its implementation of GPRA, the National 
Park Service has begun to require each of its parks and other 
organizations to establish an annual performance plan that 
would show it allocation of resources against its goals, and 
define its planned performance against those goals for the 
year. We believe this achievement meets the intended objectives 
of this section, and therefore, we are opposed to this section 
of the bill.
    In addition, the proposed legislation requirement for an 
annual budget ``before'' each fiscal year begins would tend to 
cause confusion and unnecessary paperwork. Currently, the NPS 
requires its parks and other organizations to finalize their 
annual budget after being notified of the actual enacted 
appropriation for that year, something not likely to be known 
before the fiscal year starts. Parks will have their annual 
performance plans available within a month after the annual 
appropriation has been enacted.


      title ii--procedures for establishment of new national parks


    Title II would establish procedures for the establishment 
of new units to the National Park System. As we testified on 
H.R. 1728, we support the establishment of set criteria what 
would ensure the integrity of the National Park System by 
providing agreement between the National Park Service and 
Congress on the criteria for establishment of new park areas 
and on a process where possible new areas that fail to meet 
those criteria will not be imposed upon the system.
    In 1976 Congress directed the NPS to monitor the welfare of 
areas that exhibit qualities of national significance and to 
conduct studies on those that have potential for inclusion in 
the National Park System. For several years thereafter, 
Congress required that we study and forward a list of the least 
12 potential new parks each year. In 1981, Congress eliminated 
funding for the program; between 1981 and 1990, NPS undertook a 
few studies in response to specific instructions from Congress. 
Then, in 1991, the Service began once again to identify its own 
priorities, using a ranking system that considered 
significance, rarity, public use potential, educational 
potential, resource integrity/risks public support, costs, 
availability of data suitability, feasibility, and special 
initiatives.
    Most recently, in Fiscal Year 1998, Congress appropriated 
funds for 10 studies of potential new parks. Eight of those 
studies are being done as required by P.O. 105-83 making 
appropriations for the Department of the Interior. The other 
two studies are in response to legislation enacted through the 
authorizing process. While the purpose of our study program is 
to evaluate sites with potential for inclusion in the National 
Park System, most of the projects underway are focusing on 
heritage area concepts and other partnership approaches that do 
not anticipate acquisition and management by the National Park 
Services.
    More then 300 studies have been done since the 1930's on 
areas that have not been added to the park. Since the 1970's 
only about one in four of the areas studies became the subject 
of legislation adopted by Congress to expand and existing park 
or to create a new one. Our study process has been successful 
in determining resource significance, suitability, feasibility 
and offering Congress a range of alternatives for protecting 
resources through partnerships that do not involve additions to 
the National Park System. Careful scrutiny, analysis and 
application of existing criteria through our study process have 
provided the best defense against expansion of the park system 
into areas that fail to meet established standards.
    We believe the best way to avoid inappropriate additions 
that do not fully meet the criteria for inclusion in the system 
is to continue to advance programs which foster alternatives. 
The NPS today operates several programs that suggest and 
support alternatives to inclusion within the system including 
honorary recognition in the National Register of Historic 
Places and technical assistance from the River, Trails and 
Conservation Assistance Program.
    The National Park System Advisory Board has recently 
reviewed our criteria for parklands and found them to be 
essentially sound. We intend to clarify and strengthen those 
criteria as recommended by the Board in conjunction with an 
update to our management policies, scheduled for completion 
later this year.
    These updated criteria would be used in conducting the 
studies of areas for potential addition to the system, as 
currently proposed in Title II. Congress will have to determine 
how these studies are used in developing legislative proposals. 
No study process or set of criteria will be successful in 
assuring the integrity of the National Park System if new parks 
are authorized without having studies completed or the criteria 
applied.
    As we testified on H.R. 1728, we have concerns with 
specific provisions of this title and would like to work with 
the committee to address those concerns.


           title iii--recreational fee demonstration program


    Title III would extend the recreational fee demonstration 
program through fiscal year 2005 and would make the authority 
available to all units of the National Park System. The program 
would be limited at Great Smoky Mountains National Park and 
Lincoln Home Historic Site to recreation use fees. The title 
would also require a report to be submitted to Congress by the 
end of fiscal year 2000.
    The Administration supports legislation allowing all land 
management agencies to collect and use recreation fee receipts 
for facility improvements and other purposes. The President's 
FY 1999 Budget supported legislation providing permanent fee 
authority that would take effect once the current authority 
expires. If such permanent changes cannot be agreed to this 
year, however, we would support an extension of the current fee 
demonstration program for all land management agencies.
    Short of the enactment of permanent legislation revising 
recreational fee authority, this section addresses the National 
Park Service's primary concern with the current fee 
demonstration program by extending the authority to all units 
of the National Park System. In general, the current 
recreational fee demonstration program provides the flexibility 
that is needed to develop a program that is responsive both to 
national trends and concerns but also to those of individual 
park units and the communities in which they are located.
    In the recent report to Congress on the recreational fee 
demonstration program the Department of the Interior made 
several suggestions for legislative improvements in any fee 
program. The main recommendation was for flexibility. Providing 
incentives for managers to participate in the program was also 
discussed. Additionally, we must be able to correct some 
inequities with regard to distribution of the benefits derived 
from recreational fees. And finally, there needs to be time for 
planning and implementation of fees where there have not been 
fees.
    The current recreational fee demonstration program provides 
the flexibility and incentives that are needed. Extending the 
program for five years and expanding it to all units addresses 
the concern about distributing benefits to all units. It also 
allows for more time to plan and implement a fee program at 
non-collecting parks and to recoup up-front fee collection 
infrastructure costs.
    We are concerned that the program's three-year life may be 
too short to determine long-term benefits and effects and to 
allow for real, on-the-ground benefits to be realized. The time 
and money needed to address certain projects may not be 
available in the current three-year program. Many park units, 
because they are not participating in the program, do not have 
the authority to retain the recreational fees they currently 
collect and make improvements with that money yet they also 
have extensive needs. Without the ability of all units to 
participate in the current program, it is unclear whether the 
formula for splitting the money is appropriate.
    Extending the program would increase both receipts and 
direct spending and, therefore, would be subject to the pay-as-
you-go (PAYGO) provisions of the Omnibus Budget and 
Reconciliation Act. Although it would result in a net spending 
increase, the Administration fully offset the costs of this 
proposal in the President's Budget and it should be considered 
in that context.
    By expanding the recreational fee demonstration program 
authorities to the entire National Park System and extending 
the program an additional five years, the National Park Service 
would be in a better position to evaluate and recommend what 
permanent fee authority should look like. Our experience would 
be derived from a system-wide perspective and from a point 
where there has been enough time to really implement a wide 
variety of projects that have operated for more than one or two 
seasons. The longer time period would also allow for several 
years experience that might see fluctuations in visitor use due 
to weather conditions, economic changes, etc., which have a 
real effect on visitation to national parks and on fee 
revenues. It would also provide the funding stability needed 
for parks to invest in fee collection infrastructure and change 
long-term operational procedures. We will continue to provide 
Congress regular evaluations of the program's successes and 
overall benefits.


                title v--national park passport program


    Title V of the bill establishes a National Park Passport 
Program that authorizes the Secretary of the Interior to 
develop a National Park System specific passport that provides 
for admission to all national park areas. The passport would 
require a stamp that is good for one calendar year and would 
cost $50 annually. The passport would be sold by the National 
Park Service and the U.S. Postal Service. It could also be sold 
by private vendors. The title also authorizes the establishment 
of an international park passport.
    The program being proposed is based on the popular ``Duck 
Stamp'' program administered by the U.S. Fish and Wildlife 
Service. The Duck Stamp has been an important program for 
educating the American people about migratory birds and 
waterfowl. The program also provides financial support for the 
creation and maintenance of fish and wildlife refuges around 
the country. The annual competition for the duck stamp has 
attracted artists from around the country to participate in the 
program. It also involves school-age students nationwide in 
learning about waterfowl by participating in the ``Junior Duck 
Stamp Program''. The recognition and support received via the 
duck stamp program has been vital to the U.S. Fish and Wildlife 
Service in being able to accomplish their mission in the 
establishment of refuges and protection of wildlife and 
wildlife habitat throughout the nation.
    A similar program would be a great asset to the National 
Park System and would be used to increase nationwide awareness 
of and support for the National Park System. A national 
competition for a stamp coupled with an education program would 
provide important outreach and could help instill a greater 
sense of stewardship in all Americans for their national parks.
    The National Park Service has extensive experience with 
admission fees and entrance passports. The existing Golden 
Eagle Passport provides admission to all federal recreation 
areas which charge an admission fee. It currently is accepted 
for admission to all units of the National Park System where 
admission fees are charged. For many visitors to the National 
Park System the purchase of the Golden Eagle Passport is an 
annual ritual. Not only does it provide for admission but it is 
also seen as a means for showing support for the parks. With 
the authority to retain the proceeds from the sale of Golden 
Eagle Passports within the agency there is even greater support 
for the passport.
    We are looking at the existing Golden Eagle Passport 
program in an effort to improve how it is currently marketed 
and sold. At the The National Park Service's request, the 
National Park Foundation is involved in market research of the 
Golden Eagle Passport and the potential for its future use and 
distribution. The Foundation's analysis is looking at whether 
and how a Golden Eagle type passport could be marketed as a 
means for more Americans to support the national parks. They 
are also looking at issues such as pricing of passports, 
benefits derived from passports, and how best to sell and 
distribute passports. We hope to have the results of this 
research by mid-summer. This research will provide valuable 
information to help shape our existing passport program and 
will be useful for developing a specific National Park Passport 
Program.
    Prior to the recreational fee demonstration program, the 
Golden Eagle Passport was primarily sold by the The National 
Park Service and utilized primarily by visitors to the National 
Park System. It has been used traditionally as an admission 
pass for areas that have controlled access through limited 
entrance stations. With the expansion of recreation fees via 
the recreational fee demonstration program the use and 
acceptance of the Golden Eagle Passport is not as clear as it 
once was. Designed and intended to be an admission pass, some 
land management agencies are discussing, under the recreational 
fee demonstration program, using the Golden Eagle Passport for 
a variety of activities that in the past have not had a fee 
attached to them or were considered activities for which a 
separate fee was charged in addition to an admission fee. These 
discussions are pointing out the differences between the 
federal land management agencies with regard to the provision 
of recreation services and how recreation fees should be 
assessed.
    The National Park Service believes that there need to be 
distinctions between admission fees and recreational user fees. 
The Golden Eagle Passport has traditionally allowed for, and 
any new passport program needs to maintain, that distinction. 
If an agency is interested in a recreational use passport it 
should be kept distinct from an admission passport. It may be 
necessary to establish separate passports to address the needs 
of the different agencies. The passport described in Title V 
would be used only by the National Park Service. We are working 
with the other interested agencies to explore how to address 
these differences.
    With regard to the international park passport, the 
National Park Service supports the concept. We believe a 
passport that is limited in duration is important. We recommend 
that the international passport, like the domestic passport, be 
non-transferable. In our experience we have found that 
international travelers are often issued a Golden Eagle 
Passport by their travel agent or tour company. Upon completion 
of their trip they return the passport to the agent or tour 
operator and the passport is then issued to another 
international visitor. This is not the intent of the Golden 
Eagle Passport as they are issued to individuals and are 
nontransferable.
    In addition, the $50 price limitation placed on the 
passport could limit our ability to develop a cost effective 
program. It is unclear how this program would interface with 
the existing authorities of the Land and Water Conservation 
Fund, including the existing Golden Eagle Passport and benefits 
derived under that program, and with the Recreational Fee 
Demonstration Program.
    A National Park Passport Program could be a valuable 
program to build support for the National Park System both in 
the United States as well as with visitors from around the 
world and could provide needed revenues to help in the 
maintenance and operation of the National Park System.
    Mr. Chairman, this completes my prepared statement. I would 
be happy to answer any questions that you or members of the 
subcommittee may have regarding these issues.
                                ------                                


  Statement by Denis P. Galvin, Deputy Director, National Park Service

    Mr. Chairman and members of the subcommittee, I appreciate 
the opportunity to appear before you today to present the views 
of the Department of the Interior with respect to Title IV of 
S. 1693. The Department of the Interior opposes Title IV of S. 
1693.
    Since the late 1970's, Congress has considered bills that 
would reform the process through which the National Park 
Service awards concession contracts. The 103rd Congress came 
very close to enacting concessions reform legislation. The 
House and Senate of that Congress each passed a different 
version of S. 208, sponsored by Senators Bumpers and Bennett, 
by overwhelming margins. The 103rd Congress adjourned, however, 
before the House and Senate could work out the technical 
differences between the two versions of the bill.
    The administration supported S. 208, and supports the bill 
that is essentially the same as S. 208 in the 105th Congress, 
S. 624, also sponsored by Senator Bumpers. S. 624 would correct 
the problems in the existing law that governs concessions 
contracting, Public Law 89-249, by enhancing competition for 
concession contracts, and increasing returns to the government 
under concession contracts. Like Public Law 89-249, it would 
also make the protection of park resources the primary goal 
underlying concession contracts.
    The administration opposes Title IV of S. 1693, as it 
appears to work under the assumption that many areas of the 
existing law need to be changed for the benefit of 
concessioners. This notion does not comport with the many 
independent studies conducted by GAO, the Inspector General's 
Office, and others that have concluded that Public Law 89-249 
gives undue benefits to park concessioners at the expense of 
park visitors and the taxpayer.
    S. 1693 would set up a private entity known as a Concession 
Manager to monitor concessioner performance and to develop 
concession contracts, maintenance plans, and operating plans in 
parks. Unlike the ideas proposed in S. 624, which have been 
scrutinized intensely over the past 15 to 20 years, this is a 
new proposal that would dramatically change the way the 
National Park Service deals with concession operations.


                        effect on park resources


    S. 1693 would shift the focus of concession law away from 
resource protection to the commercial aspects of concession 
operations. It would abandon the ``necessary and appropriate'' 
standard for the establishment of concession operations, 
providing instead a more relaxed standard that would allow 
concession operations where they are ``necessary or desirable 
for park visitation and enjoyment of parks in a manner that 
would ensure the protection of park resources.'' Similarly, S. 
1693 would encourage greater development of concession 
operations, providing that bidding procedures for contracts 
``shall be revised particularly in circumstances in which the 
Secretary believes thatgoods and services provided under a 
contract shall be significantly enhanced.'' It would also make ``the 
upgrade of facilities and services'' a primary factor in the evaluation 
of contract offers. By encouraging greater development of concession 
operations within national parks, S. 1693 could indirectly harm many 
private companies that operate outside of national parks.
    S. 1693 could potentially relax resource protection 
standards by placing a private business entity, the Concession 
Manager, in charge of monitoring and planning all aspects of 
concession operations. The Concession Manager would be paid 
from concessioner fees and would have the authority ``to review 
general management and development concept plans and identify 
provisions of a plan that create undue operational or financial 
burdens on concessionaires or are otherwise incompatible with 
the visitation service needs of a national park.''
    We are concerned that S. 1693 would change the focus of the 
law and give the Concession Manager a mission that is geared 
more to commercial interests than resource protection. The 
Concession Manager could perform, under S. 1693, almost all of 
the concession-related functions that are presently carried out 
by NPS personnel, including performance evaluation and 
monitoring, development of contract language and maintenance 
plans, and other functions. The Concession Manager could make 
resource-impacting decisions on a variety of issues, from hotel 
expansions to the paving of parking lots, and the handling of 
hazardous waste. This authority to make resource-impacting 
decisions on such a wide range of issues could be problematic 
considering that it is industry practice for asset managers to 
be paid a percentage of the gross receipts of the businesses 
they manage.
    The bill could also weaken our ability to protect park 
resources by giving the Concession Manager the exclusive 
authority to initiative a contract termination, and by allowing 
concessioners to contest Park Service management decisions to a 
``Concession Board.'' These authorities could impede the 
ability of the Park Service to respond expeditiously to 
concession-related activities that threaten park resources.


                      effect on visitor experience


    Unlike S. 624, S. 1693 would allow concessioners to set 
their own prices and rates. The bill attempts to deter high 
prices by requiring concession contracts to provide that a 
concessioner will be in default of the contract if its rates 
and prices are, in the aggregate, materially greater than 
market prices for comparable goods and services, taking into 
account a variety of factors. Despite its good intentions, we 
are skeptical that this language would prevent price gouging.
    First, the contract would provide for default only for 
prices that ``materially exceed'' market prices ``in the 
aggregate.'' Second, it would allow materially excessive prices 
for operation that are in remote locations, operate in short 
seasons, or undertake non-revenue-producing activities. These 
are very broad exceptions that would probably allow materially 
excessive prices and charges in many circumstances.
    Moreover, it would be up to the Concession Manager to 
determine that a concessioner was in default of the contract 
because its prices and charges materially exceeded market 
prices. This is another duty that could require the Concession 
Manager to act against its own financial interests if its 
compensation was based on a percentage of gross concessioner 
revenue. In addition, because contract termination is a 
draconian measure, this authority would probably be used 
sparingly to lower concessioner prices.
    In many remote areas, the park concession operation could 
be the only business in the area providing a particular 
service. Visitors to these parks often do not have the 
opportunity to choose between different establishments for the 
service they desire. Excessive prices could be charged because 
these businesses do not have to worry about being underpriced 
by their competitors.
    Public Law 89-249 guards against this situation by 
requiring prices to be comparable to those charged by outside 
businesses. The Park Service enforces this requirement by 
conducting comparability studies to ensure that prices are 
comparable to similarly situated businesses that operate 
outside of parks. We receive very few complaints from park 
visitors about concessioner prices and rates. Moreover, we do 
not view this as an overly burdensome requirement. It merely 
requires concession prices to be ``comparable'' to similarly 
situated, out-of-park businesses. Fair prices make parks more 
affordable and thus more accessible to Americans of all income 
levels. If there are areas where we can improve the procedures 
for monitoring concession prices, we believe we can implement 
such improvements administratively without the proposed 
statutory changes.
    S. 1693 could further impact the visitor experience by 
placing a spending ceiling on the maintenance of concession 
structures. Under the bill, the concessioner could not be 
required to spend any more on maintenance needs than is fixed 
in the maintenance account of a concession contract.
    It is generally impossible to predict at the beginning of a 
contract what the routine maintenance needs will be for a 
concession operation several years into a contract. If the 
estimate in the contract is too low, the money in this account 
may run out while there are still major maintenance needs in 
the operation. The visitor experience will suffer when routine 
maintenance is not performed on electrical systems, plumbing 
systems, and other aspects of concession operations.
    This provision is also contrary to standard business 
practices. In the business community, lessees of property 
typically assume the obligation of maintaining the structures 
in which they operate. This is considered a normal cost of 
doing business. The existing standard contract follows this 
practice by requiring concessioners to maintain the facilities 
in which they operate.
    S. 1693 also would allow concessioners to use maintenance 
account funds to pay for capital improvements, with the 
permission of the Concession Manager. A siphoning of funds from 
the maintenance account to pay for capital improvements could 
harm park visitors and the taxpayer in several ways. First, it 
could further dry up the maintenance fund, leaving fewer 
dollars available for routine maintenance. Second, at the 
expense of the taxpayer, concessioners could receive a double 
benefit when they use maintenance funds to pay for capital 
improvements, as the bill gives concessioners a ``lease 
surrender value'' (the original cost of the improvement, as 
appreciated by the Consumer Price Index) in the capital 
improvements they make under a contract. Concessioners would 
benefit initially by using the amount of maintenance fee as 
part of their offer for the contract. They would benefit a 
second time when they are granted a lease surrender value based 
upon the capital improvements they make with maintenance 
account funds.


                effect of bills on return to government


    The National Park Service has received a great deal of 
criticism over the years for not receiving fair returns under 
concession contracts. The primary impediment to receiving a 
fair return is the provision in Public Law 89-249 that requires 
NPS to grant a right of preference in contract renewal to 
existing concessioners. NPS has interpreted this provision as 
requiring it to allow existing concessioners a right to match 
the best offer submitted for a concession opportunity. This 
right of first refusal deters competition as many businesses 
are reluctant to spend significant sums of money preparing an 
offer for a contract when they know the existing concessioner 
can retain the contract by matching the terms of that offer.
    The Park Service has made great strides through 
administrative reform to improve the return to the government 
under concession contracts. This return as a percentage of 
gross concessioner revenue went from 3.4 percent in 1992 to 5.3 
percent in 1996. In addition, the government also received 
$10.4 million in possessory interest extinguishment and 
environmental remediation under concession contracts in 1996. 
We will continue to try to improve returns under Public Law 89-
249, but we recognize that a change in the right of preference 
in contract renewal is necessary before returns to the 
government can reach their full potential.
    We are pleased that both bills would eliminate the right of 
preference in contract renewal. However, S. 624 would provide a 
greater degree of competition than S. 1693. With minor 
exceptions (river runner, outfitter, and guide contracts), S. 
624 would require open competition for contracts that grossed 
over $500,000 annually. With these same minor exceptions, S. 
1693 would require open competition only for those contracts 
that grossed more than $2,000,000 annually. In addition, S. 624 
would at least require some competition for smaller contracts, 
as it would required these contracts to go through a 
competitive process within the confines of the right of 
preference in contract renewal.
    S. 1693, on the other hand, would allow smaller contracts 
to be awarded through negotiation.
    S. 624 also would produce more competition for concession 
contracts by amortizing the possessory interest that 
concessioners earn in the improvements they make to concession 
facilities. Prior to the reform of the standard concession 
contract in 1992, this interest was valued at the ``sound 
value'' of the improvement, which under Public Law 89-249, is 
the reproduction cost of the improvement. The revised standard 
contract awards possessory interest at a ``book value'', and 
then depreciates this over the useful life of the improvement.
    S. 1693, on the other hand, would grant a concessioner a 
lease surrender value in capital improvements that is equal to 
the cost of the improvement, as appreciated by the Consumer 
Price Index, over time. This would also impede competition for 
concession contracts. Concessioners are entitled to be paid for 
their possessory interest, or lease surrender value. The 
greater this interest, the higher the price an interested party 
must pay to operate a concession.
    By reducing this interest S. 624 would erode another 
barrier to competition and make concession contracts more 
attractive to the business community. We would, however, prefer 
language in S. 624 that makes the amortization discretionary, 
rather than mandatory, to give us more flexibility in dealing 
with the needs of specific parks.


                               conclusion


    We support S. 624 because it would bring about concession 
reform without imperiling park resources. We cannot say the 
same about Title IV of S. 1693. We are concerned that this bill 
would place commercial interests ahead of park protection and 
the visitor experience. We also do not believe it would result 
in returns that are better than the returns that would be 
generated by S. 624. This concludes my statement. I would be 
happy to answer any of your questions.
                                ------                                


    Statement of Denis Galvin, National Park Service, Bureau of the 
                                Interior

    Mr. Chairman, thank you for the opportunity to appear 
before you today to discuss four titles of S. 1693, the 
``Vision 2020 National Park Restoration Act''.


              title vi--resource inventory and monitoring


    Title VI of S. 1693 concerns the natural and cultural 
resources of the National Park System and their protection and 
management. One of the purposes of this title is to provide 
statutory authority and direction for scientific research in 
national parks. According to the National Research Council, the 
absence of an explicit science mandate allows for uncertainty 
about the importance and the role of science in parks.
    We oppose the provisions of this title because we believe 
that it addresses issues which are adequately covered under 
existing authorities. The Department of the Interior has a 
single science agency, the US Geological Survey, which supports 
all of the Department's bureaus. This arrangement ensures that 
science is linked to, but not controlled by, resource managers 
and regulators. We believe the important issue in science is 
not just what happens in parks, but what is happening within 
the broader ecosystems, of which parks are a part.
    Section 603 would statutorily mandate a research program 
for the National Park Service. While a strong program of 
scientific research is key to the effective management of our 
national parks, the conduct of natural resource research is 
appropriately carried out by the USGS and the nation's academic 
institutions.
    Social Science and Cultural Resource research, on the other 
hand, is undertaken by NPS, as well as other agencies and 
entities outside the government. A variety of laws, including 
the Historic Sites Act of 1935, the National Historic 
Preservation Act of 1966, and the Archaeological Resource 
Protection Act of 1979, to mention a few, already require the 
Park Service to undertake research related to archaeological 
and historical properties in the parks.
    Section 603 would legislatively establish the position of 
``Chief Scientist'' in the National Park Service. Under this 
legislation, the Chief Scientist would report directly to the 
Deputy Director of the National Park Service, and would have 
line authority over all persons in the service conducting 
scientific study. This language would be detrimental to recent 
restructuring efforts that place increased responsibility and 
accountability at the park level. We currently have positions 
for Chief Scientists for Natural Science and Social Science 
that report to the Associate Director for Natural Resources 
Stewardship and Science--a position that historically has been 
filled by a scientist. The Chief Scientist positions are filled 
on a 3-year visiting appointment basis from academia to provide 
fresh and objective views on the service's application of 
science in its management decisions. At the present time, the 
Chief Natural Scientist position is vacant.
    Our organizational structural also includes a Chief 
Archaeologist, Chief Curator, Chief Ethnographer, Chief 
Historian, and Chief Historical Architect, who report to the 
Associate Director for Cultural Resources. These positions, in 
conjunction with those at USGS, help us perform our mission by 
ensuring that scientific study is performed according to 
established protocols and the highest standards possible. The 
individuals selected to these positions are highly qualified 
experts in their respective disciplines. To prescribe such 
positions in legislation, however, would deny us the 
administrative flexibility to place individuals and functions 
in positions where they can most effectively further our 
mission.
    Section 604 would change the process through which we enter 
into cooperative agreements with various entities for research. 
It would make universities the primary centers through which 
research is carried out. While colleges and universities are, 
in many cases, an appropriate source for park research, they 
should not be set in law as the primary source of research. We 
prefer instead our present authorities, which give the 
Department of the Interior the flexibility to conduct a 
cooperative agreement program that can provide the most 
appropriate sources in each instance for the highest quality of 
scientific endeavor.
    We believe that the peer review process that would be 
established in sections 603 and 604 is a good idea, but we do 
not believe that it should be implemented through legislation. 
The Department has recently established a peer review process 
that accomplishes the goals of the process set out in this 
legislation.
    Section 605 would require the Secretary to set up an 
inventory and monitoring program and ensure that NPS personnel 
are adequately trained to carry out the mission of the Service. 
However, this section is duplicative of steps we are already 
taking administratively to carry out these goals. Our present 
inventory and monitoring program has identified and is 
acquiring basic natural resource data sets needed in parks and 
is also operating prototype-monitoring programs. These 
prototype programs have been developed in conjunction with the 
USGS, and are being used to test techniques throughout the 
system.
    Section 606 addresses the availability of national parks 
for scientific study. Along with many of our nation's more 
remarkable natural resources, park units contain diverse and 
unique archaeological sites, cultural landscapes, ethnographic 
resources, historic structures, and museum objects. Scientific 
description, analysis, and interpretation of these resources 
are vital to the Park Service for interpretation and resource 
management and protection, if the research is carried out in 
close cooperation with Park Service experts and managers. In 
addition, as large areas of undisturbed wildlands, many parks 
represent a level of biological diversity and ecosystem 
integrity not found anywhere else. This degree of uniqueness 
will probably become more pronounced as our modern landscapes 
continue to change. As protected areas, the parks offer 
opportunities to compare undisturbed physical components and 
ecological processes with areas where the ecosystem may be 
under stress.
    Under Section 606, the Chief Scientist may approve a 
request for use of a national park for scientific study if the 
study is consistent with applicable law and NPS management 
policies, and would be conducted ``in such a manner as to pose 
no significant threat to or broad impairment of national park 
resources or public enjoyment.'' We oppose this specific 
language because it is less protective of park resources than 
existing authorities. In addition, we believe that park 
superintendents who are most familiar with resources entrusted 
to their care should make decisions over applications for 
research permits.
    Section 607 of Title VI would require an administrative 
record to reflect the manner in which resource concerns were 
taken into account in taking an action that adversely affected 
park resources. While we believe the National Park Service 
should be accountable for the resources under its management, 
this section is duplicative of administrative measures we are 
presently taking under the Government Performance and Results 
Act and other mandates to foster this type of accountability 
among park managers. For example, we are presently taking 
measures to link employee performance standards to strategic 
performance goals, which are strongly resource-focused.
    Section 608 would allow for the Secretary to withhold 
information relating to park resources if the disclosure of 
this information might endanger the resource. We share your 
concerns in protecting these resources and the Administration 
would like to work with you to accomplish this goal.


                  title vii--tax refund contributions


    Title VII would amend the Internal Revenue Code to allow 
individuals to designate any portion of their income tax 
overpayments, and to make other contributions, for the benefit 
of the National Park System. The title would create a trust 
fund, which would fund the design, construction, repair and 
rehabilitation of high priority projects supporting resource 
protection and enhancing the visitor experience.
    Title VII would require the Internal Revenue Service to 
place a line on income tax forms which would allow taxpayers to 
donate one or more dollars toward operations, maintenance and 
construction within units of the National Park System. We 
appreciate the interest and support for our programs indicated 
by this title. However, for the reasons set forth in the 
Treasury Department's statement, we oppose Title VII.
    There are probably scores of federally funded activities 
and programs that would also be worthy of equal treatment and 
their own separate line item on the 1040. While it is common 
knowledge that the Park Service has a number of needs, we must 
rely on a number of mechanisms to address some of the problems 
associated with a decaying infrastructure, deferred 
maintenance, a backlog of planning and research projects, and 
an ever-increasing number of visitors. Admission fees, 
recreation user fees, concession revenues and partnerships are 
all tools endorsed by theAdministation that the National Park 
Service can use to help meet programmatic and infrastructure needs. The 
existing three-year fee demonstration program which authorizes federal 
land management agencies to increase and retain entrance and user fees 
through implementation of up to 100 projects per agency is a 
significant step in that direction. Your provision to extend the 
program for five years and to make it applicable to all units of the 
National Park System offers potential for increased support for 
critical park programs.
    The three-year projection for the existing fee 
demonstration program is expected to generate more than $140 
million for the National Park Service over the course of the 
test. With this program and other authorities we have to secure 
financial support, the Park Service anticipates that it will be 
able to address a number of maintenance and infrastructure 
needs.


                  title viii--national park foundation


    Title VIII of S. 1693 would require the National Park 
Foundation to design and implement a comprehensive program to 
assist and promote philanthropic programs of support at the 
individual national park level. This program would require the 
Park Foundation to establish a standard organizational design 
format for organizations that would participate in this 
philanthropic activity. It would also require the Park 
Foundation to develop a training curriculum to orient and 
expand the operating expertise of personnel employed by these 
groups. It would not, however, require these groups to become 
part of this organizational plan. The National Park Service 
supports this provision.
    This program, which is similar to programs presently being 
implemented by the National Park Foundation, would allow the 
National Park Foundation to lend its technical expertise to 
groups that wish to raise funds for specific parks. We believe 
this can result only in positive things for the National Park 
Service. While there are presently a fair number of groups that 
operate in a very effective manner, donating significant sums 
of money and time to specific park units, there are many groups 
that could use the help and expertise of the National Park 
Foundation in trying to raise money for the parks in which they 
are interested. This provision will offer these local groups a 
means to learn more about philanthropic activity, and thus 
enable them to better achieve their goals. The National Park 
Foundation is committed to helping local groups, and already 
devotes a significant amount of time to this effort. This 
comprehensive program would help the Park Foundation carry out 
its work.


                        title xi--miscellaneous


Section 1101: U.S. Park Police
    Section 1101 of Title XI would require the appointment of a 
task force to evaluate the needs of the United States Park 
Police. While we support this concept, we feel the task force 
should identify the needs and requirements of law enforcement 
within the entire National Park Service (NPS) and make 
recommendations on how to integrate the concerns of both the 
U.S. Park Police and law enforcement rangers. We also believe 
this task force should not just focus on ``inputs'' for law 
enforcement activities, but should review ``outputs'' of 
performance and results to consider how current practices could 
be improved, resources could be used more efficiently, and 
management and accountability could be strengthened.
    The primary mission of the U.S. Park Police is the 
protection of the visitors and resources of our parks. Funding 
constraints have limited increases in U.S. Park Police funding, 
affecting their ability to address all visitor protection 
needs. Maintenance of their facilities has been reduced to the 
point that several buildings have been declared structurally 
unsafe. Although we are addressing maintenance needs through 
both a park-wide increase in maintenance funding and a one-time 
appropriation in FY 1998 of $12 million for U.S. Park Police, 
their communication system must also be upgraded.
    Because other law enforcement personnel in the National 
Park Service have similar requirements to provide for visitor 
safety and resource protection, we recommend the task force be 
expanded to include law enforcement within the entire NPS.
Section 1102: Leases and cooperative management agreements
    Section 1102 of Title XI authorizes the Secretary of the 
Interior to enter into leases with any person or government 
entity for the use of buildings and associated property 
administered by the Secretary as part of the National Park 
System. This section also authorizes cooperative management 
agreements between the Secretary of the Interior and state and 
local government agencies for the cooperative management of 
National Park land and nearby state or local park land. The 
National Park Service supports this provision.
    Under this section, the Secretary of the Interior would be 
authorized to lease buildings and associated property within 
units of the National Park System to any person or government 
entity for activities consistent with the purpose for which the 
unit was established and compatible with National Part Service 
programs. This authority would expand the National Park 
Service's existing authority that permits the leasing out of 
historic structures within units of the National Park System 
for compatible uses and allows for either a reduced rent or 
retention of rental income for restoration, preservation and 
maintenance of the historic structures. The proposed authority 
would allow the Secretary to enter into lease agreements for 
any building within that National Park System unneeded for park 
purposes. Rental income would be retained for facility 
refurbishment, direct maintenance of the leased facility, or 
infrastructure projects associated with park resource 
protection.
    The National Park Service faces many maintenance needs 
concerning buildings, both historic and non-historic. There are 
approximately 20,020 buildings within the National Park System. 
Of these 6,976 are historic and 13, 053 are non-historic. As of 
July 1997, 6,163 buildings were rated in good condition, 8,552 
buildings were rated in fair condition, and 5,305 building were 
rated in poor condition. Of the historic buildings, more than 
600 are vacant.
    In October of 1997, we completed a report on ``Preserving 
Historic Structures in the National Park System''. One of the 
report's appendices discussed the existing historic leasing 
authority and program. A conclusion of the report was that 
``while the need for lease revenues is very real, the potential 
for generating significant revenues from leasing of historic 
properties is quite limited. The program should be recognized 
for primary benefits--the preservation of historic buildings at 
little or no cost to the Federal Government.''
    The proposed leasing authority could help address the 
maintenance backlog of vacant buildings in locations where 
individuals or groups have an interest in leasing space from 
the National Park Service for activities that would be 
consistent and compatible with those of the parks in which the 
leased space is located. By expanding the authority to include 
all structures we will have more flexibility in attracting 
tenants for the variety of buildings available for such 
purposes. This authority would be a valuable tool to assist the 
National Park Service in maintaining our inventory of buildings 
system-wide.
    Section 1102 also authorizes cooperative management 
agreements between the National Park Service and state and 
local governments with proximate lands, which we support. A 
number of national parks are in the proximity of state or local 
parkland and this provision will ensure more cooperative and 
efficient management of such lands.
    As you are aware, Redwood National Park, which has 
contiguous boundaries with California state parks, was recently 
granted authority by Congress in the FY 1998 Interior 
Appropriations Act to enter into these kinds of agreements. 
This new authority helps to eliminate duplicative efforts on 
the part of NPS and the California state park system. For 
instance, it allows for combined radio law enforcement dispatch 
service, and enables the two park systems to jointly repair and 
rehabilitate roads that traverse state and federal land. This 
authority also allows the NPS to benefit from the expertise of 
California state park employees and vice versa. In addition the 
new authority at Redwood NP has allowed us to operate more 
efficiently. A simple example is the garbage collection 
services. The state parks' garbage collection trucks service 
all sites within the national and state parks and transport the 
waste to the local landfill. Redwood NP is able to split the 
cost of this service with the state parks.
    The National Park Service has been working hard over the 
last several years to develop creative partnerships that will 
allow us to manage parks better and more efficiently. The 
proposed cooperative management agreement authority would give 
us another valuable option in our efforts to achieve that goal 
by extending the authority granted Redwood National Park to 
other units of the National Park System. Although not every 
park would benefit from this authority, we believe, in many 
cases, like Redwood NP, it would lead to more coherent 
management of our public lands and smoother working 
relationships with our state, local and tribal partners.
    Mr. Chairman, thank you, once again for your support of the 
national park system and the opportunity for me to testify on 
behalf of the National Park Service today.
                                ------                                


 Statement of Destry Jarvis, Assistant Director for External Affairs, 
         the National Park Service, Department of the Interior

    Mr. Chairman, thank you for the opportunity to present the 
Department of the Interior's vies on Titles IX and X of S. 
1693, a bill ``to renew, reform, reinvigorate, and protect the 
National Park System.'' Title IX of S. 1693 would allow the 
Secretary of the Interior to charge a fee for commercial 
filming in parks that would equal one half of one percent of 
the production budget of the filming enterprise, and Title X of 
S. 1693 would establish a capital improvement project bond 
demonstration program. This hearing is another in a series of 
hearings that began in early April on the provisions of S. 
1693, a bill that explores various facets of the management of 
the National Park System.


 title ix and s. 1614--commercial filming in national parks and refuges


    Title IX of S. 1693 would allow the Secretary of the 
Interior to charge a fee for commercial filming in parks that 
would be equal to \1/2\ of 1 percent of the production budget 
of the filming enterprise. S. 1614 would give the Secretary a 
great deal of flexibility, including the authority to negotiate 
fees on a case by case basis, in setting fees for commercial 
filming or photography. Assistant Secretary John Berry 
previously testified before the House Resources Committee in 
support of a similar House bill, H.R. 2993, proposing 
amendatory language that would make the bill applicable to all 
DOI land management agencies and that granted the Secretary 
greater flexibility in protecting natural resources and the 
interests of the taxpayer.
    I would like to note at the outset that the Department of 
Justice has been asked to review the fee provisions that I will 
be discussing today for first amendment concerns. I understand 
that the Department of Justice will provide written views that 
will assist us and the committee in resolving any 
constitutional problems that it may identify. My remarks, 
therefore, are confined to matters of park policy.
    As written, Title IX applies only to the National Park 
Service (NPS), and S. 1614 applies to the NPS and the United 
States Fish and Wildlife Service (FWS). Commercial filming 
takes place on lands under the jurisdiction of all Department 
of the Interior land management agencies. Each of these 
agencies should benefit from filming legislation. Therefore, we 
believe that any bill that moves through the legislative 
process in this Congress should be applicable to NPS, FWS, the 
Bureau of Land Management (BLM), and the Bureau of Reclamation 
(BOR).
    Neither NPS nor FWS presently have the authority to charge 
fees for filming. Under regulation 43 CFR 5.1(b), NPS and FWS 
are prohibited from charging fees for the making of motion 
pictures, television productions, or sound tracks in NPS or FWS 
units. NPS and FWS are allowed to recover the costs associated 
with administering film permits.
    The lands under the jurisdiction of the Department of the 
Interior have hosted many motion pictures over the years. Over 
the past three years, approximately 1,000 permits were issued 
for filming on BLM-managed lands. While we are still compiling 
this information, we believe that NPS has issued close to 5,800 
permits during this period. Many of the permits issued by NPS, 
BLM, and FWS are for small productions, some of which are 
commercial in nature, others of which are educational. However, 
all three agencies issue a significant number of permits to 
makers of major motion pictures.
    Although parks and refuges were created to conserve and 
protect natural resources and wildlife, they have played 
important roles in many high-grossing films. The 400-year-old 
fortification known as ``El Morro'' in San Juan National 
Historic Site was used in the movie ``Amistad'' to depict a 
slave-trading market; the white sands of White Sands National 
Monument were used in the movie ``Star Wars'' to depict an 
otherworldly landscape; and the Linville Falls Trail in Blue 
Ridge Parkway was used for the ambush scene in ``Last of the 
Mohicans.'' These are but a few of the hundreds of memorable 
films that have been filmed in national parks over the years. 
The list includes ``Dances with Wolves,'' filmed in part in 
Badlands National Park, ``The Deer Hunter,'' made in part in 
Lake Chelan National Recreation Area, and ``In the Line of 
Fire,'' filmed at several NPS sites throughout the National 
Capital Region. FWS units have also played host to memorable 
motion pictures. The exciting chase scene at the opening of 
``The Raiders of the Lost Ark,'' in which Harrison Ford 
narrowly escapes a rolling boulder, among other things, was 
filmed in Hanalei National Wildlife Refuge. The movie 
``Uncommon Valor,'' a story about a Vietnam War veteran, was 
filmed in part in Hanalei and Huleia Wildlife Refuges in 
Hawaii, because these refuges have features that are similar to 
those found in areas of Vietnam.
    It is often the unique nature of a park or refuge that 
attracts filmmakers. In some cases, a park or refuge may be the 
only option for a filmmaker whose story is inextricably tied to 
something that may only exist in a park or refuge. We believe 
the public has the right to be compensated for the commercial 
use of these special places.
    The Bureau of Land Management (BLM) filming policy is 
governed by the 43 CFR 2920 regulations, which allow the agency 
to charge fair market value for filming. The BLM allows each of 
its state offices to set their own schedules for filming. The 
BLM offices in California, for instance, will charge up to $600 
per day for the use of its lands for filming. The BLM's fee 
schedule does not appear to be a deterrent for filming on the 
public lands managed by BLM and these lands have been used as 
sites for such films as ``Star Trek VII,'' ``The River Wild,'' 
and ``Maverick.'' The United States Forest Service is also 
statutorily authorized to charge fair market value for filming. 
It allows its regional offices to set schedules. For example, 
the Southern California Regional office of the Forest Service 
charges up to $600 per day for filming in Forest Service sites 
in southern California.
    Other land--owning governments charge even higher fees than 
our sister federal agencies. The Navajo Nation, for instance, 
charges up to $2,000 a day for the use of Monument Valley, the 
site of many memorable films. Similarly, the city of Beverly 
Hills in California charges fees that exceed $2,000 per day for 
filming in its city parks.
    Ironically, the NPS and the FWS charge for filming prior to 
November, 1948. Prior to 1945 film-permitting policy was 
governed by Secretarial Orders which allowed the Park Service 
to charge as much as $500 per day for filming. In 1945, a new 
Secretarial Order was put in place that permitted NPS to 
negotiate even higher fees that this for large-scale 
productions. These fees were more than twice the amount the 
General Land Office (BLM's predecessor agency) was allowed to 
charge at the time. It is unclear why this policy was changed 
in late 1948, but it should be noted that when NPS charged for 
filming, movies were still made in parks. Many films, including 
1947's ``Sea of Grass'', starring Spencer Tracy, and filmed in 
Canyon de Chelly National Monument, and 1948's ``Yellow Sky'', 
starring Gregory Peck, and filmed in Death Valley National 
Monument, were made when NPS charged for filming.
    In late 1948 the precursor to the current 43 CFR 5.1 was 
issued, which prohibited NPS from charging filming fees. 
Another change in this regulation in 1957 prohibited FWS from 
charging fees for filming. We have searched our files but have 
not yet discovered why the regulations on filming fees were 
changed for NPS and FWS, but not for other Department of the 
Interior agencies such as BLM and the Bureau of Reclamation.
    NPS and FWS are also concerned that their inability to 
charge fees may be attracting permit applications from 
filmmakers who would seek other lands if fees were charged. The 
mission of NPS and FWS is to protect natural and cultural 
resources and wildlife. These agencies were not set up to 
attract filming business. Yet, by prohibiting these agencies 
from establishing fees the present regulations make parks and 
refuge lands more attractive to filmmakers whose films could 
also be made on other governmental or tribal lands. Title IX 
would allow NPS the authority to charge fees that are at least 
comparable to the fees charged by other agencies.
    We do not, however, believe that a film's production budget 
is the best way to determine an appropriate fee. There would be 
many problems associated with policing the documents associated 
with a production budget, and in many cases \1/2\ of 1 percent 
of production costs may not accurately reflect the value of a 
filming permit. As we testified on H.R. 2993, the Secretary 
should be given the administrative flexibility to negotiate 
fees for filming on a cast-by-case basis. More importantly, the 
use of parks, refuges, and other public lands and facilities 
for commercial filming should be consistent with the missions 
and values of the agencies charged with their management. We 
support a fee structure that requires payment of fees in an 
amount determined to be appropriate by the Secretary sufficient 
to provide a fair return to the government. The amount of the 
fee should not be less than the direct and indirect costs to 
the government for processing the permit application and the 
use of the lands and facilities, including any necessary 
cleanup and restoration costs. Most fees would be sent at not 
less than a fair return to the government, but, to the extent 
constitutionally permissible, the Secretary would have the 
authority to charge fees on a case-by-case basis below such 
value (but still not less than actual cost to the government) 
if the proposed use of the lands and facilities for commercial 
has a clear educational or interpretive purpose.
    This fee structure would allow the Secretary to come to a 
meeting of the minds with an applicant for a filming permit and 
truly determine what the market will bear for each filming 
opportunity. It would also give the Secretary a better 
opportunity to weigh and understand the resource-protection 
concerns involved under each filming permit. This language 
should be made applicable to all lands and facilities 
administered by the Secretary.
    In addition, Title IX would require the establishment of 
one office within the National Park Service to deal with film 
permits. Consistent with my statement at the House hearing, 
such an office should service the permits of each agency within 
the Department of the Interior, not just the National Park 
Service. It should be made clear, however, that such an office 
would merely coordinate and facilitate the processing of permit 
applications. It would not be given the authority to decide 
whether a particular filming enterprise would or would not 
adversely impact the resources under our care. That decision 
should be left for local land managers and the Secretary of the 
Interior.
    This title would require the fees collected under filming 
permits to be deposited in a Special Account in the Treasury. 
These fees would then be available to the Secretary without 
further appropriation, to be spent on projects that directly 
enhance the experience of park visitors. At the House hearing, 
Assistant Secretary Berry testified in support of a fee 
distribution system that is similar to the system in our 
Recreational Fee Demonstration Program. This system calls for 
80 percent of the fees to go back to the generating park, with 
the remaining 20 percent being available for distribution 
throughout the park system. This system would also be 
applicable to the U.S. Fish and Wildlife Service and the Bureau 
of Land Management.
    In addition, we do not believe that still photography, not 
including any assignment photography using props or models, 
should be covered by filming legislation. The takers of still 
photographs generally impact resources in the same manner as 
the takers of non-commercial still photos, and we would not 
require permits for non-commercial photographers as their 
impact to park resources in minimal. Still photography should 
be exempt from permitting requirements.
    The public deserves to receive a fair fee for the use of 
Department of the Interior lands that play an important role in 
motion pictures, television productions, and soundtracks. The 
public will also benefit from a fee distribution system that 
would allow each land management agency to retain the fees 
generated under its film permits.


    title x--capital improvement project bond demonstration program


    The Department generally supports the establishment of a 
pilot project financed through the Treasury and the requirement 
for a report by the Secretaries of the Interior and Treasury to 
Congress on the bonding process and implications of dedicating 
a revenue stream for repayment of the bonds.
    Secretary Babbitt has recognized that the needs of the park 
system will only be met by using a variety of tools. New 
authority to issue bonds through the Treasury has been proposed 
as one of those tools. At the outset, however, it is important 
to put the potential use of bonds in context. As you know, in 
recent years, several new authorities have been enacted and 
others are now under consideration to provide greater financial 
support to the National Park System. The Park Service has 
actively pursued fee and concessions reform. A fee 
demonstration program has been authorized by Congress that will 
provide greater financial support for the parks. The fee 
demonstration program as implemented will provide additional 
financial resources to park system units. Receipts from the fee 
demonstration program can be used to leverage private funds and 
private-sector support for priority visitor, resource 
management, and maintenance projects and programs.
    New cooperative agreement authority allows the National 
Park Service to enter into a broad array of activities that 
will support the parks through cooperative ventures with 
public, Tribal and private organizations. The Department 
supports reform of the concessions program in order to provide 
the National Park Service with additional financial resources 
that currently are not available. These new authorities will 
not satisfy all the financial needs of the National Park 
System, but are important pieces of the overall financial 
picture for the park system.
    The use of bonds could provide the Park Service with an 
additional financial tool to address its need to finance 
capital improvements in parks. Secretary babbitt is on record 
as supporting experimentation with the use of bonds financed 
through the Treasury on a pilot basis to help finance certain 
types of capital needs for the parks.
    We envision a number of potential benefits for our parks by 
using this approach. In particular, this new authority could 
enable the National Park Service to make available funding for 
large capital projects that have long been delayed due to a 
lack of funding, something that this committee has discussed 
extensively in previous hearings this year. Capital 
construction projects could be less expensive by allowing their 
completion now, rather than delaying them for several years 
when costs maybe are higher. More research, however, needs to 
be undertaken to understand if bonds or any other type of 
revenue financing can be used in relationship to other sources 
of funds.
    OMB advises that this provision would be subject to the 
pay-as-you-go (PAYGO) provisions of the Budget Enforcement Act. 
The outlays from bonds would be scored as PAYGO costs, which 
could be offset, for example, by dedicating a portion of 
recreation fee receipts to pay off the bonds. The bond term, 
however, could not extend beyond the time period for which fees 
are authorized to be used without appropriation. If the 
demonstration fee authorization were extended five years, the 
bonds would have to be paid off in five years, a short time 
frame that might diminish the benefits from bond financing. If, 
however, the fee authorization were made permanent, the bonds 
could have a longer term, but because the payoff would be 
longer than five years, there would be a net PAYGO impact 
within the next five years.
    We plan to work closely with the Department of the Treasury 
in examining the fiscal and economic aspects of the borrowing 
authority. Until we have a better understanding on whether 
revenue financing can work to the benefit of the National Park 
System and be a part of an overall financial strategy, we 
appreciate the Committee's sensitivity to the need to be 
cautious in moving ahead.
    This concludes may statement. Mr. Chairman, I will be happy 
to respond to questions from you or other committee members.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate changes in existing law made by 
the bill S. 1693, as ordered 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);

            [Public Law 91-383, as amended--August 18, 1970]

    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 and to 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 termof 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 receipt by the Speaker of the 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.
    (b) Studies of Areas for Potential Inclusion in the 
National Park System.--
          (1)(A) At the beginning of each calendar year, the 
        Secretary shall submit to the Committee on Energy and 
        Natural Resources of the United States Senate and the 
        Committee on Resources of the United States House of 
        Representatives a list of areas recommended for study 
        for potential inclusion as new units in the National 
        Park System.
          (B) If the Secretary determines during a specific 
        calendar year that no areas are recommended for study 
        for potential inclusion in the National Park System, 
        the Secretary is not required to submit the list 
        referenced in subparagraph (A).
          (2) In developing the list submitted under this 
        subsection, the Secretary shall consider--
                  (A) areas that have the greatest potential 
                for meeting the established criteria of 
                national significance, suitability, and 
                feasibility;
                  (B) themes, sites, and resources not 
                adequately represented in the National Park 
                System; and
                  (C) public proposals and Congressional 
                requests.
          (3) Nothing in this subsection shall limit the 
        authority of the Secretary to conduct preliminary 
        planning activities, including--
                  (A) the conduct of a preliminary resource 
                assessment;
                  (B) collection of data on a potential study 
                area;
                  (C) provision of technical and planning 
                assistance;
                  (D) preparation or processing of a nomination 
                for an administrative designation;
                  (E) updating of a previous study; or
                  (F) completion of a reconnaissance survey of 
                an area.
          (4) National wild and scenic rivers system; national 
        trails system.--Nothing in this section applies to, 
        affects, or alters the study of--
                  (A) any river segment for potential addition 
                to the National Wild and Scenic Rivers System; 
                or
                  (B) any trail for potential addition to the 
                National Trails System.
          (5) In conducting a study under this subsection, the 
        Secretary shall--
                  (A) provide adequate public notice and an 
                opportunity for public involvement, including 
                at least one public meeting in the vicinity of 
                the area under study; and
                  (B) make reasonable efforts to notify 
                potentially affected landowners and State and 
                local governments.
          (6) In conducting a study of an area under this 
        subsection, the Secretary--
                  (A) shall consider whether the area--
                          (i) possesses nationally significant 
                        natural, historic or cultural 
                        resources, or outstanding recreational 
                        opportunities;
                          (ii) represents one of the most 
                        important examples (singly or as part 
                        of a group) of a particular resource 
                        type in the United States; and
                          (iii) is a suitable and feasible 
                        addition to the National Park System;
                  (B) shall consider--
                          (i) the rarity and integrity of the 
                        resources of the area;
                          (ii) the threats to the resources;
                          (iii) whether similar resources are 
                        already protected in the National Park 
                        System or in other public or private 
                        ownership;
                          (iv) benefits to the public;
                          (v) the interpretive and educational 
                        potential of the area;
                          (vi) costs associated with 
                        acquisition, development, and operation 
                        of the area and the source or revenue 
                        to pay for the cost;
                          (vii) the socioeconomic impacts of 
                        inclusion of the area in the National 
                        Park System;
                          (viii) the level of local and general 
                        public support for the inclusion;
                          (ix) whether the area is of 
                        appropriate configuration to ensure 
                        long-term resource protection and 
                        appropriate visitor use; and
                          (x) the potential impact on the 
                        inclusion of the area on existing units 
                        of the National Park System;
                  (C) shall consider whether direct management 
                by the Secretary or alternative protection by 
                other public agencies or the private sector is 
                most appropriate for the area;
                  (D) shall identify what alternative, if any, 
                or what combination of alternatives would, as 
                determined by the Secretary, be most effective 
                and efficient in protecting significant 
                resources and providing for public enjoyment; 
                and
                  (E) may include any other information that 
                the Secretary considers pertinent.
          (7) The letter transmitting a completed study to 
        Congress shall contain a recommendation regarding the 
        preferred management option of the Secretary for the 
        area.
          (8) The Secretary shall complete a study of an area 
        for potential inclusion in the National Park System 
        within three years after the date funds are made 
        available for the study.
    (c) List of Previously Studied Areas With Historical or 
Natural Resources.--
          ``(1) At the beginning of each calendar year, the 
        Secretary shall submit to the Committee on Energy and 
        Natural Resources of the United States Senate and to 
        the Committee on Resources of the United States House 
        of Representatives--
                  ``(A) a list of areas that have been 
                previously studied under this section that 
                contain primarily historical or cultural 
                resources, but have not beenadded to the 
National Park System; and
                  ``(B) a list of areas that have been 
                previously studied under this section that 
                contain primarily natural resources, but have 
                not been added to the National Park System.
          ``(2) In developing a list under paragraph (1), the 
        Secretary shall consider the factors described in 
        subsection (b)(2).
          ``(3) The Secretary shall include on a list under 
        paragraph (1) only areas for which supporting data are 
        current and accurate.
[For the purposes of carrying out] (e) 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.
                              ----------                              --
--------


                  (Public Law 89-249--October 9, 1965)

    The Act of October 9, 1965, Public Law 89-249 (79 Stat. 
969, 16 U.S.C. 20-20g) is repealed.
                              ----------                              --
--------


                  (Public Law 104-134--April 26, 1996)

SEC. 315. RECREATIONAL FEE DEMONSTRATION PROGRAM.

    (a) The Secretary of the Interior (acting through the 
Bureau of Land Management, the National Park Service and the 
United States Fish and Wildlife Service) and the Secretary of 
Agriculture (acting through the Forest Service) shall each 
implement a fee program to demonstrate the feasibility of user-
generated cost recovery for the operation and maintenance of 
recreation areas or sites and habitat enhancement projects on 
Federal lands.
    (b) In carrying out the pilot program established pursuant 
to this section, the appropriate Secretary shall select from 
areas under the jurisdiction of each of the four agencies 
referred to in subsection (a) no fewer than 10, but as many as 
50, areas, sites or projects for fee demonstration. For each 
such demonstration, the Secretary, notwithstanding any other 
provision of law--
          (1) shall charge and collect fees for admission to 
        the area or for the use of outdoor recreation sites, 
        facilities, visitor centers, equipment, and services by 
        individuals and groups, or any combination thereof;
          (2) shall establish fees under this section based 
        upon a variety of cost recovery and fair market 
        valuation methods to provide a broad basis for 
        feasibility testing;
          (3) may contract, including provisions for reasonable 
        commission, with any public or private entity to 
        provide visitor services, including reservations and 
        information, and may accept services of volunteers to 
        collect fees charged pursuant to paragraph (1);
          (4) may encourage private investment and partnerships 
        to enhance the delivery of quality customer services 
        and resource enhancement, and provide appropriate 
        recognition to such partners or investors; and
          (5) may assess a fine of not more than $100 for any 
        violation of the authority to collect fees for 
        admission to the area or for the use of outdoor 
        recreation sites, facilities, visitor centers, 
        equipment, and services.
    (c)(1) Amounts collected at each fee demonstration area, 
site or project shall be distributed as follows:
          (A) Of the amount in excess of 104% of the amount 
        collected in fiscal year 1995, and thereafter annually 
        adjusted upward by 4%, eighty percent to a special 
        account in the Treasury for use without further 
        appropriation, by the agency which administers the 
        site, to remain available for expenditures in 
        accordance with paragraph (2)(A).
          (B) Of the amount in excess of 104% of the amount 
        collected in fiscal year 1995, and thereafter annually 
        adjusted upward by 4%, 20 percent to a special account 
        in the Treasury for use without further appropriation, 
        by the agency which administers the site, to remain 
        available for expenditures in accordance with paragraph 
        (2)(B).
          (C) For agencies other than the Fish and Wildlife 
        Service, up to 15% of current year collections of each 
        agency, but not greater than fee collection costs for 
        that fiscal year, to remain available for expenditure 
        without further appropriation in accordance with 
        paragraph (2)(C).
          (D) For agencies other than the Fish and Wildlife 
        Service, the balance to the special account established 
        pursuant to subparagraph (A) of section 4(i)(1) of the 
        Land and Water Conservation Fund Act, as amended.
          (E) For the Fish and Wildlife Service, the balance 
        shall be distributed in accordance with section 201(c) 
        of the Emergency Wetlands Resources Act.
    (2)(A) Expenditures from site specific special funds shall 
be for further activities of the area, site or project from 
which funds are collected, and shall be accounted for 
separately.
    (B) Expenditures from agency specific funds shall be for 
use on an agency-wide basis and shall be accounted for 
separately.
    (C) Expenditures from the fee collection support fund shall 
be used to cover fee collection costs in accordance with 
section 4(i)(1)(B) of the Land and Water Conservation Fund Act, 
as amended: Provided, That funds unexpended and unobligated at 
the end of the fiscal year shall not be deposited into the 
special account established pursuant to section 4(i)(1)(A) of 
said Act and shall remain available for expenditure without 
further appropriation.
    (3) In order to increase the quality of the visitor 
experience at publicrecreational areas and enhance the 
protection of resources, amounts available for expenditure under this 
section may only be used for the area, site or project concerned, for 
backlogged repair and maintenance projects (including projects relating 
to health and safety) and for interpretation, signage, habitat or 
facility enhancement, resource preservation, annual operation 
(including fee collection), maintenance, and law enforcement relating 
to public use. The agency wide accounts may be used for the same 
purposes set forth in the preceding sentence, but for areas, sites or 
projects selected at the discretion of the respective agency head.
    (d)(1) Amounts collected under this section shall not be 
taken into account for the purposes of the Act of May 23, 1908 
and the Act of March 1, 1911 (16 U.S.C. 500), the Act of March 
4, 1913 (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. 
1012), the Act of August 8, 1937 and the Act of May 24, 1939 
(43 U.S.C. 1181f et seq.), the Act of June 14, 1926 (43 U.S.C. 
969-4), chapter 69 of title 31, United States Code, section 401 
of the Act of June 15, 1935 (16 U.S.C. 715s), the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 460l), and any 
other provision of law relating to revenue allocation.
    (2) Fees charged pursuant to this section shall be in lieu 
of fees charged under any other provision of law.
    (e) The Secretary of the Interior and the Secretary of 
Agriculture shall carry out this section without promulgating 
regulations.
    (f) The authority to collect fees under this section shall 
commence on October 1, 1995, and end on September 30, 1998. 
Funds in accounts established shall remain available through 
September 30, 2001.

    Note: Title 5 of S. 1693 contains provisions relating 
solely to the National Park Service relative to the 
Recreational Fee Demonstration Program as follows:

                        TITLE V--FEE AUTHORITIES

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

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


           [Public Law 90-209, as amended--December 18, 1967]

SEC. 12. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

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


           [Section 3 of Public Law 91-383--August 18, 1970]

    (k) Leases.--
          (1) In general.--The Secretary may enter into a lease 
        with any person or governmental entity for the use of 
        buildings and associated property administered by the 
        Secretary as part of the National Park System.
          (2) Use.--Buildings and associated property leased 
        under paragraph (1)--
                  (A) shall be used for an activity that is 
                consistent with the purposes established by law 
                for the unit in which the building is located;
                  (B) shall not result in degradation of the 
                purposes and values of the unit; and
                  (C) shall be compatible with National Park 
                Service programs.
          (3) Rental amounts.--
                  (A) In general.--With respect to a lease 
                under paragraph (1)--
                          (i) payment of fair market value 
                        rental shall be required; and
                          (ii) section 321 of the Act of June 
                        30, 1932 (47 Stat. 412, chapter 314; 40 
                        U.S.C. 303b) shall not apply.
                  (B) Adjustment.--The Secretary may adjust the 
                rental amount as appropriate to take into 
                account any amounts to be expended by the 
                lessee for preservation, maintenance, 
                restoration, improvement, or repair and related 
                expenses.
                  (C) Regulation.--The Secretary shall 
                promulgate regulations implementing this 
                subsection that includes provisions to 
                encourage and facilitate competition in the 
                leasing process and provide for timely and 
                adequate public comment.
          (4) Special account.--
                  (A) Deposits.--Rental payments under a lease 
                under paragraph (1) shall be deposited in a 
                special account in the Treasury of the United 
                States.
                  (B) Availability.--Amounts in the special 
                account shall be available until expended, 
                without further appropriation, for 
                infrastructure needs at units of the National 
                Park System, including--
                          (i) facility refurbishment;
                          (ii) repair and replacement;
                          (iii) infrastructure projects 
                        associated with park resource 
                        protection; and
                          (iv) direct maintenance of the leased 
                        buildings and associated properties.
                  (C) Accountability and results.--The 
                Secretary shall develop procedures for the use 
                of the special account that ensure 
                accountability and demonstrated results 
                consistent with this Act.
    (l) Cooperative Management Agreements.--
          (1) In general.--Where a unit of the National Park 
        System is located adjacent to or near a State or local 
        park area, and cooperative management between the 
        National Park Service and a State or local government 
        agency of a portion of either park will allow for more 
        effective and efficient management of the parks, the 
        Secretary is authorized to enter into an agreement with 
        a State or local government agency to provide for the 
        cooperative management of the Federal and State or 
        local park areas: Provided, That the Secretary may not 
        transfer administration responsibilities for any unit 
        of the National Park System.
          (2) Provision of goods and services.--Under a 
        cooperative management agreement, the Secretary may 
        acquire from and provide to a State or local government 
        agency goods and services to be used by the Secretary 
        and the State or local governmental agency in the 
        cooperative management of land.
          (3) Assignment.--An assignment arranged by the 
        Secretary under section 3372 of title 5, United States 
        Code, of a Federal, State, or local employee for work 
        in any Federal, State, or local land or an extension of 
        such an assignment may be for any period of time 
        determined by the Secretary and the State or local 
        agency to be mutually beneficial.''.
    (b) Historic Lease Process Simplification.--The Secretary 
is directed to simplify, to the maximum extent possible, the 
leasing process for historic properties with the goal of 
leasing available structures in a timely manner.

                                
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