[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1693 Enrolled Bill (ENR)]
S.1693
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To provide for improved management and increased accountability for
certain National Park Service programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``National Parks
Omnibus Management Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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TITLE I

-NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING, AND

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TITLE IV

-NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

As used in this Act, the term ``Secretary'' means the Secretary of
the Interior, except as otherwise specifically provided.
MANAGEMENT

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TITLE VIII

-MISCELLANEOUS PROVISIONS

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.

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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.

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Within 2 years after the enactment of this Act, the Secretary shall
develop a clear plan for management training and development, whereby
career, professional National Park Service employees from any
appropriate academic field may obtain sufficient training, experience,
and advancement opportunity to enable those qualified to move into park
management positions, including explicitly the position of
superintendent of a unit of the National Park System.

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(a) Strategic and Performance Plans For Each Unit.--Each unit of
the National Park System shall prepare and make available to the public
a 5-year strategic plan and an annual performance plan. Such plans
shall reflect the National Park Service policies, goals, and outcomes
represented in the Service-wide Strategic Plan, prepared pursuant to
the provisions of the Government Performance and Results Act of 1993
(Public Law 103-62; 107 Stat. 285).
(b) Annual Budget For Each Unit.--As a part of the annual
performance plan for a unit of the National Park System prepared
pursuant to subsection (a), following receipt of the appropriation for
the unit from the Operations of the National Park System account (but
no later than January 1 of each year), the superintendent of the unit
shall develop and make available to the public the budget for the
current fiscal year for that unit. The budget shall include, at a
minimum, funding allocations for resource preservation (including
resource management), visitor services (including maintenance,
interpretation, law enforcement, and search and rescue) and
administration. The budget shall also include allocations into each of
the above categories of all funds retained from fees collected for that
year, including (but not limited to) special use permits, concession
franchise fees, and recreation use and entrance fees.

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

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TITLE II

-NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT

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.

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(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.

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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.

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

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The Secretary shall take such measures as are necessary to assure
the full and proper utilization of the results of scientific study for
park management decisions. In each case in which an action undertaken
by the National Park Service may cause a significant adverse effect on
a park resource, the administrative record shall reflect the manner in
which unit resource studies have been considered. The trend in the
condition of resources of the National Park System shall be a
significant factor in the annual performance evaluation of each
superintendent of a unit of the National Park System.

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

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This title may be cited as the ``National Park System New Areas
Studies Act''.

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TITLE III

-STUDY REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS

It is the purpose of this title to reform the process by which
areas are considered for addition to the National Park System.

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Section 8 of Public Law 91-383 (commonly known as the National Park
System General Authorities Act; 16 U.S.C. 1a-5) is amended as follows:
(1) By inserting ``General Authority.--'' after ``(a)''.
(2) By striking the second through the sixth sentences of
subsection (a).
(3) By redesignating the last two sentences of subsection (a)
as subsection (f) and inserting in the first of such sentences
before the words ``For the purposes of carrying'' the following:
``(f) Authorization of Appropriations.--''.
(4) By inserting the following after subsection (a):
``(b) Studies of Areas for Potential Addition.--(1) At the
beginning of each calendar year, along with the annual budget
submission, the Secretary shall submit to the Committee on Resources of
the House of Representatives and to the Committee on Energy and Natural
Resources of the United States Senate a list of areas recommended for
study for potential inclusion in the National Park System.
``(2) In developing the list to be submitted under this subsection,
the Secretary shall consider--
``(A) those areas that have the greatest potential to meet the
established criteria of national significance, suitability, and
feasibility;
``(B) themes, sites, and resources not already adequately
represented in the National Park System; and
``(C) public petition and Congressional resolutions.
``(3) No study of the potential of an area for inclusion in the
National Park System may be initiated after the date of enactment of
this subsection, except as provided by specific authorization of an Act
of Congress.
``(4) Nothing in this Act shall limit the authority of the National
Park Service to conduct preliminary resource assessments, gather data
on potential study areas, provide technical and planning assistance,
prepare or process nominations for administrative designations, update
previous studies, or complete reconnaissance surveys of individual
areas requiring a total expenditure of less than $25,000.
``(5) Nothing in this section shall be construed to apply to or to
affect or alter the study of any river segment for potential addition
to the national wild and scenic rivers system or to apply to or to
affect or alter the study of any trail for potential addition to the
national trails system.
``(c) Report.--(1) The Secretary shall complete the study for each
area for potential inclusion in the National Park System within 3
complete fiscal years following the date on which funds are first made
available for such purposes. Each study under this section shall be
prepared with appropriate opportunity for public involvement, including
at least one public meeting in the vicinity of the area under study,
and after reasonable efforts to notify potentially affected landowners
and State and local governments.
``(2) In conducting the study, the Secretary shall consider whether
the area under study--
``(A) possesses nationally significant natural or cultural
resources and represents one of the most important examples of a
particular resource type in the country; and
``(B) is a suitable and feasible addition to the system.
``(3) Each study--
``(A) shall consider the following factors with regard to the
area being studied--
``(i) the rarity and integrity of the resources;
``(ii) the threats to those resources;
``(iii) similar resources are already protected in the
National Park System or in other public or private ownership;
``(iv) the public use potential;
``(v) the interpretive and educational potential;
``(vi) costs associated with acquisition, development and
operation;
``(vii) the socioeconomic impacts of any designation;
``(viii) the level of local and general public support; and
``(ix) whether the area is of appropriate configuration to
ensure long-term resource protection and visitor use;
``(B) shall consider whether direct National Park Service
management or alternative protection by other public agencies or
the private sector is appropriate for the area;
``(C) shall identify what alternative or combination of
alternatives would in the professional judgment of the Director of
the National Park Service be most effective and efficient in
protecting significant resources and providing for public
enjoyment; and
``(D) may include any other information which the Secretary
deems to be relevant.
``(4) Each study shall be completed in compliance with the National
Environmental Policy Act of 1969.
``(5) The letter transmitting each completed study to Congress
shall contain a recommendation regarding the Secretary's preferred
management option for the area.
``(d) New Area Study Office.--The Secretary shall designate a
single office to be assigned to prepare all new area studies and to
implement other functions of this section.
``(e) List of Areas.--At the beginning of each calendar year, along
with the annual budget submission, the Secretary shall submit to the
Committee on Resources of the House of Representatives and to the
Committee on Energy and Natural Resources of the Senate a list of areas
which have been previously studied which contain primarily historical
resources, and a list of areas which have been previously studied which
contain primarily natural resources, in numerical order of priority for
addition to the National Park System. In developing the lists, the
Secretary should consider threats to resource values, cost escalation
factors, and other factors listed in subsection (c) of this section.
The Secretary should only include on the lists areas for which the
supporting data is current and accurate.''.
(5) By adding at the end of subsection (f) (as designated by
paragraph (3) of this section) the following: ``For carrying out
subsections (b) through (d) there are authorized to be appropriated
$2,000,000 for each fiscal year.''.

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

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

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In furtherance of the findings and policy stated in section 402,
and except as provided by this title or otherwise authorized by law,
the Secretary shall utilize concessions contracts to authorize a
person, corporation, or other entity to provide accommodations,
facilities, and services to visitors to units of the National Park
System. Such concessions contracts shall be awarded as follows:
(1) Competitive selection process.--Except as otherwise
provided in this section, all proposed concessions contracts shall
be awarded by the Secretary to the person, corporation, or other
entity submitting the best proposal, as determined by the Secretary
through a competitive selection process. Such competitive process
shall include simplified procedures for small, individually-owned,
concessions contracts.
(2) Solicitation of proposals.--Except as otherwise provided in
this section, prior to awarding a new concessions contract
(including renewals or extensions of existing concessions
contracts) the Secretary shall publicly solicit proposals for the
concessions contract and, in connection with such solicitation, the
Secretary shall prepare a prospectus and shall publish notice of
its availability at least once in local or national newspapers or
trade publications, and/or the Commerce Business Daily, as
appropriate, and shall make the prospectus available upon request
to all interested parties.
(3) Prospectus.--The prospectus shall include the following
information:
(A) The minimum requirements for such contract as set forth
in paragraph (4).
(B) The terms and conditions of any existing concessions
contract relating to the services and facilities to be
provided, including all fees and other forms of compensation
provided to the United States by the concessioner.
(C) Other authorized facilities or services which may be
provided in a proposal.
(D) Facilities and services to be provided by the Secretary
to the concessioner, if any, including public access,
utilities, and buildings.
(E) An estimate of the amount of compensation, if any, due
an existing concessioner from a new concessioner under the
terms of a prior concessions contract.
(F) A statement as to the weight to be given to each
selection factor identified in the prospectus and the relative
importance of such factors in the selection process.
(G) Such other information related to the proposed
concessions operation as is provided to the Secretary pursuant
to a concessions contract or is otherwise available to the
Secretary, as the Secretary determines is necessary to allow
for the submission of competitive proposals.
(H) Where applicable, a description of a preferential right
to the renewal of the proposed concessions contract held by an
existing concessioner as set forth in paragraph (7).
(4) Minimum requirements.--(A) No proposal shall be considered
which fails to meet the minimum requirements as determined by the
Secretary. Such minimum requirements shall include the following:
(i) The minimum acceptable franchise fee or other forms of
consideration to the Government.
(ii) Any facilities, services, or capital investment
required to be provided by the concessioner.
(iii) Measures necessary to ensure the protection,
conservation, and preservation of resources of the unit of the
National Park System.
(B) The Secretary shall reject any proposal, regardless of the
franchise fee offered, if the Secretary determines that the person,
corporation, or entity is not qualified, is not likely to provide
satisfactory service, or that the proposal is not responsive to the
objectives of protecting and preserving resources of the unit of
the National Park System and of providing necessary and appropriate
facilities and services to the public at reasonable rates.
(C) If all proposals submitted to the Secretary either fail to
meet the minimum requirements or are rejected by the Secretary, the
Secretary shall establish new minimum contract requirements and re-
initiate the competitive selection process pursuant to this
section.
(D) The Secretary may not execute a concessions contract which
materially amends or does not incorporate the proposed terms and
conditions of the concessions contract as set forth in the
applicable prospectus. If proposed material amendments or changes
are considered appropriate by the Secretary, the Secretary shall
resolicit offers for the concessions contract incorporating such
material amendments or changes.
(5) Selection of the best proposal.--(A) In selecting the best
proposal, the Secretary shall consider the following principal
factors:
(i) The responsiveness of the proposal to the objectives of
protecting, conserving, and preserving resources of the unit of
the National Park System and of providing necessary and
appropriate facilities and services to the public at reasonable
rates.
(ii) The experience and related background of the person,
corporation, or entity submitting the proposal, including the
past performance and expertise of such person, corporation or
entity in providing the same or similar facilities or services.
(iii) The financial capability of the person, corporation,
or entity submitting the proposal.
(iv) The proposed franchise fee, except that consideration
of revenue to the United States shall be subordinate to the
objectives of protecting, conserving, and preserving resources
of the unit of the National Park System and of providing
necessary and appropriate facilities to the public at
reasonable rates.
(B) The Secretary may also consider such secondary factors as
the Secretary deems appropriate.
(C) In developing regulations to implement this title, the
Secretary shall consider the extent to which plans for employment
of Indians (including Native Alaskans) and involvement of
businesses owned by Indians, Indian tribes, or Native Alaskans in
the operation of a concession, contracts should be identified as a
factor in the selection of a best proposal under this section.
(6) Congressional notification.--The Secretary shall submit any
proposed concessions contract with anticipated annual gross
receipts in excess of $5,000,000 or a duration of more than 10
years to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate.
The Secretary shall not award any such proposed contract until at
least 60 days subsequent to the notification of both committees.
(7) Preferential right of renewal.--(A) Except as provided in
subparagraph (B), the Secretary shall not grant a concessioner a
preferential right to renew a concessions contract, or any other
form of preference to a concessions contract.
(B) The Secretary shall grant a preferential right of renewal
to an existing concessioner with respect to proposed renewals of
the categories of concessions contracts described by paragraph (8),
subject to the requirements of that paragraph.
(C) As used in this title, the term ``preferential right of
renewal'' means that the Secretary, subject to a determination by
the Secretary that the facilities or services authorized by a prior
contract continue to be necessary and appropriate within the
meaning of section 402, shall allow a concessioner qualifying for a
preferential right of renewal the opportunity to match the terms
and conditions of any competing proposal which the Secretary
determines to be the best proposal for a proposed new concessions
contract which authorizes the continuation of the facilities and
services provided by the concessioner under its prior contract.
(D) A concessioner which successfully exercises a preferential
right of renewal in accordance with the requirements of this title
shall be entitled to award of the proposed new concessions contract
to which such preference applies.
(8) Outfitter and guide services and small contracts.--(A) The
provisions of paragraph (7) shall apply only to the following:
(i) Subject to subparagraph (B), outfitting and guide
concessions contracts.
(ii) Subject to subparagraph (C), concessions contracts
with anticipated annual gross receipts under $500,000.
(B) For the purposes of this title, an ``outfitting and guide
concessions contract'' means a concessions contract which solely
authorizes the provision of specialized backcountry outdoor
recreation guide services which require the employment of specially
trained and experienced guides to accompany park visitors in the
backcountry so as to provide a safe and enjoyable experience for
visitors who otherwise may not have the skills and equipment to
engage in such activity. Outfitting and guide concessioners, where
otherwise qualified, include concessioners which provide guided
river running, hunting, fishing, horseback, camping, and
mountaineering experiences. An outfitting and guide concessioner is
entitled to a preferential right of renewal under this title only
if--
(i) the contract with the outfitting and guide concessioner
does not grant the concessioner any interest, including any
leasehold surrender interest or possessory interest, in capital
improvements on lands owned by the United States within a unit
of the National Park System, other than a capital improvement
constructed by a concessioner pursuant to the terms of a
concessions contract prior to the date of the enactment of this
title or constructed or owned by a concessioner or his or her
predecessor before the subject land was incorporated into the
National Park System;
(ii) the Secretary determines that the concessioner has
operated satisfactorily during the term of the contract
(including any extension thereof); and
(iii) the concessioner has submitted a responsive proposal
for a proposed new contract which satisfies the minimum
requirements established by the Secretary pursuant to paragraph
(4).
(C) A concessioner that holds a concessions contract that the
Secretary estimates will result in gross annual receipts of less
than $500,000 if renewed shall be entitled to a preferential right
of renewal under this title if--
(i) the Secretary has determined that the concessioner has
operated satisfactorily during the term of the contract
(including any extension thereof); and
(ii) the concessioner has submitted a responsive proposal
for a proposed new concessions contract which satisfies the
minimum requirements established by the Secretary pursuant to
paragraph (4).
(9) New or additional services.--The Secretary shall not grant
a preferential right to a concessioner to provide new or additional
services in a unit of the National Park System.
(10) Secretarial authority.--Nothing in this title shall be
construed as limiting the authority of the Secretary to determine
whether to issue a concessions contract or to establish its terms
and conditions in furtherance of the policies expressed in this
title.
(11) Exceptions.--Notwithstanding the provisions of this
section, the Secretary may award, without public solicitation, the
following:
(A) A temporary concessions contract or an extension of an
existing concessions contract for a term not to exceed 3 years
in order to avoid interruption of services to the public at a
unit of the National Park System, except that prior to making
such an award, the Secretary shall take all reasonable and
appropriate steps to consider alternatives to avoid such
interruption.
(B) A concessions contract in extraordinary circumstances
where compelling and equitable considerations require the award
of a concessions contract to a particular party in the public
interest. Such award of a concessions contract shall not be
made by the Secretary until at least 30 days after publication
in the Federal Register of notice of the Secretary's intention
to do so and the reasons for such action, and submission of
notice to the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of
Representatives.

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A concessions contract entered into pursuant to this title shall
generally be awarded for a term of 10 years or less. However, the
Secretary may award a contract for a term of up to 20 years if the
Secretary determines that the contract terms and conditions, including
the required construction of capital improvements, warrant a longer
term.

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(a) Leasehold Surrender Interest Under New Concessions Contracts.--
On or after the date of the enactment of this title, a concessioner
that constructs a capital improvement upon land owned by the United
States within a unit of the National Park System pursuant to a
concessions contract shall have a leasehold surrender interest in such
capital improvement subject to the following terms and conditions:
(1) A concessioner shall have a leasehold surrender interest in
each capital improvement constructed by a concessioner under a
concessions contract, consisting solely of a right to compensation
for the capital improvement to the extent of the value of the
concessioner's leasehold surrender interest in the capital
improvement.
(2) A leasehold surrender interest--
(A) may be pledged as security for financing of a capital
improvement or the acquisition of a concessions contract when
approved by the Secretary pursuant to this title;
(B) shall be transferred by the concessioner in connection
with any transfer of the concessions contract and may be
relinquished or waived by the concessioner; and
(C) shall not be extinguished by the expiration or other
termination of a concessions contract and may not be taken for
public use except on payment of just compensation.
(3) The value of a leasehold surrender interest in a capital
improvement shall be an amount equal to the initial value
(construction cost of the capital improvement), increased (or
decreased) in the same percentage increase (or decrease) as the
percentage increase (or decrease) in the Consumer Price Index, from
the date of making the investment in the capital improvement by the
concessioner to the date of payment of the value of the leasehold
surrender interest, less depreciation of the capital improvement as
evidenced by the condition and prospective serviceability in
comparison with a new unit of like kind.
(4) Effective 9 years after the date of the enactment of this
Act, the Secretary may provide, in any particular new concession
contract the Secretary estimates will have a leasehold surrender
interest of more than $10,000,000, that the value of any leasehold
surrender interest in a capital improvement shall be based on
either (A) a reduction on an annual basis, in equal portions, over
the same number of years as the time period associated with the
straight line depreciation of the initial value (construction cost
of the capital improvement), as provided by applicable Federal
income tax laws and regulations in effect on the day before the
date of the enactment of this Act or (B) such alternative formula
that is consistent with the objectives of this title. The Secretary
may only use such an alternative formula if the Secretary
determines, after scrutiny of the financial and other circumstances
involved in this particular concession contract (including
providing notice in the Federal Register and opportunity for
comment), that such alternative formula is, compared to the
standard method of determining value provided for in paragraph (3),
necessary in order to provide a fair return to the Government and
to foster competition for the new contract by providing a
reasonable opportunity to make a profit under the new contract. If
no responsive offers are received in response to a solicitation
that includes such an alternative formula, the concession
opportunity shall be resolicited with the leasehold surrender
interest value as described in paragraph (3).
(5) Where a concessioner, pursuant to the terms of a
concessions contract, makes a capital improvement to an existing
capital improvement in which the concessioner has a leasehold
surrender interest, the cost of such additional capital improvement
shall be added to the then current value of the concessioner's
leasehold surrender interest.
(b) Special Rule for Existing Possessory Interest.--
(1) A concessioner which has obtained a possessory interest as
defined pursuant to Public Law 89-249 (commonly known as the
National Park Service Concessions Policy Act; 16 U.S.C. 20 et
seq.), as in effect on the day before the date of the enactment of
this Act, under the terms of a concessions contract entered into
before that date shall, upon the expiration or termination of such
contract, be entitled to receive compensation for such possessory
interest improvements in the amount and manner as described by such
concessions contract. Where such a possessory interest is not
described in the existing contract, compensation of possessory
interest shall be determined in accordance with the laws in effect
on the day before the date of enactment of this Act.
(2) In the event such prior concessioner is awarded a new
concessions contract after the effective date of this title
replacing an existing concessions contract, the existing
concessioner shall, instead of directly receiving such possessory
interest compensation, have a leasehold surrender interest in its
existing possessory interest improvements under the terms of the
new contract and shall carry over as the initial value of such
leasehold surrender interest (instead of construction cost) an
amount equal to the value of the existing possessory interest as of
the termination date of the previous contract. In the event of a
dispute between the concessioner and the Secretary as to the value
of such possessory interest, the matter shall be resolved through
binding arbitration.
(3) In the event that a new concessioner is awarded a
concessions contract and is required to pay a prior concessioner
for possessory interest in prior improvements, the new concessioner
shall have a leasehold surrender interest in such prior
improvements and the initial value in such leasehold surrender
interest (instead of construction cost), shall be an amount equal
to the value of the existing possessory interest as of the
termination date of the previous contract.
(c) Transition to Successor Concessioner.--Upon expiration or
termination of a concessions contract entered into after the effective
date of this title, a concessioner shall be entitled under the terms of
the concessions contract to receive from the United States or a
successor concessioner the value of any leasehold surrender interest in
a capital improvement as of the date of such expiration or termination.
A successor concessioner shall have a leasehold surrender interest in
such capital improvement under the terms of a new contract and the
initial value of the leasehold surrender interest in such capital
improvement (instead of construction cost) shall be the amount of money
the new concessioner is required to pay the prior concessioner for its
leasehold surrender interest under the terms of the prior concessions
contract.
(d) Title to Improvements.--Title to any capital improvement
constructed by a concessioner on lands owned by the United States in a
unit of the National Park System shall be vested in the United States.
(e) Definitions.--For purposes of this section:
(1) Consumer price index.--The term ``Consumer Price Index''
means the ``Consumer Price Index--All Urban Consumers'' published
by the Bureau of Labor Statistics of the Department of Labor,
unless such index is not published, in which case another regularly
published cost-of-living index approximating the Consumer Price
Index shall be utilized by the Secretary; and
(2) Capital improvement.--The term ``capital improvement''
means a structure, fixture, or nonremovable equipment provided by a
concessioner pursuant to the terms of a concessions contract and
located on lands of the United States within a unit of the National
Park System.
(f) Special Reporting Requirement.-- Not later than 7 years after
the date of the enactment of this Act, the Secretary shall submit a
report to the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives
containing a complete analysis of the concession program as well as--
(1) an assessment of competition in the solicitation of
prospectuses, fair and/or increased return to the Government, and
improvement of concession facilities and infrastructure; and
(2) an assessment of any problems with the management and
administration of the concession program that are a direct result
of the implementation of the provisions of this title.

aec8889f5f57f61d55640d752cd0d620cfc133182c2f43c697edafb5ef113d95

(a) In General.--Each concessions contract shall permit the
concessioner to set reasonable and appropriate rates and charges for
facilities, goods, and services provided to the public, subject to
approval under subsection (b).
(b) Approval by Secretary Required.--A concessioner's rates and
charges to the public shall be subject to approval by the Secretary.
The approval process utilized by the Secretary shall be as prompt and
as unburdensome to the concessioner as possible and shall rely on
market forces to establish reasonableness of rates and charges to the
maximum extent practicable. The Secretary shall approve rates and
charges that the Secretary determines to be reasonable and appropriate.
Unless otherwise provided in the contract, the reasonableness and
appropriateness of rates and charges shall be determined primarily by
comparison with those rates and charges for facilities, goods, and
services of comparable character under similar conditions, with due
consideration to the following factors and other factors deemed
relevant by the Secretary: length of season, peakloads, average
percentage of occupancy, accessibility, availability and costs of labor
and materials, and type of patronage. Such rates and charges may not
exceed the market rates and charges for comparable facilities, goods,
and services, after taking into account the factors referred to in the
preceding sentence.
(c) Implementation of Recommendations.--Not later than 6 months
after receiving recommendations from the Advisory Board established
under section 409(a) regarding concessioner rates and charges to the
public, the Secretary shall implement the recommendations or report to
the Congress the reasons for not implementing the recommendations.

77fe407e892a27c365845ce09330c11bc655e95e5d70b7dbd095c50417093a6c

(a) In General.--A concessions contract shall provide for payment
to the government of a franchise fee or such other monetary
consideration as determined by the Secretary, upon consideration of the
probable value to the concessioner of the privileges granted by the
particular contract involved. Such probable value shall be based upon a
reasonable opportunity for net profit in relation to capital invested
and the obligations of the contract. Consideration of revenue to the
United States shall be subordinate to the objectives of protecting and
preserving park areas and of providing necessary and appropriate
services for visitors at reasonable rates.
(b) Amount of Franchise Fee.--The amount of the franchise fee or
other monetary consideration paid to the United States for the term of
the concessions contract shall be specified in the concessions contract
and may only be modified to reflect extraordinary unanticipated changes
from the conditions anticipated as of the effective date of the
contract. The Secretary shall include in concessions contracts with a
term of more than 5 years a provision which allows reconsideration of
the franchise fee at the request of the Secretary or the concessioner
in the event of such extraordinary unanticipated changes. Such
provision shall provide for binding arbitration in the event that the
Secretary and the concessioner are unable to agree upon an adjustment
to the franchise fee in these circumstances.
(c) Special Account.--All franchise fees (and other monetary
consideration) paid to the United States pursuant to concessions
contracts shall be deposited into a special account established in the
Treasury of the United States. Twenty percent of the funds deposited in
the special account shall be available for expenditure by the
Secretary, without further appropriation, to support activities
throughout the National Park System regardless of the unit of the
National Park System in which the funds were collected. The funds
deposited into the special account shall remain available until
expended.
(d) Subaccount for Each Unit.--There shall be established within
the special account required under subsection (c) a subaccount for each
unit of the National Park System. Each subaccount shall be credited
with 80 percent of the franchise fees (and other monetary
consideration) collected at a single unit of the National Park System
under concessions contracts. The funds credited to the subaccount for a
unit of the National Park System shall be available for expenditure by
the Secretary, without further appropriation, for use at the unit for
visitor services and for purposes of funding high-priority and urgently
necessary resource management programs and operations. The funds
credited to a subaccount shall remain available until expended.

600160197a644a3317df7f0417a3ddc7574104b9d5eb48f130f64b157e7ff39a

(a) Approval of the Secretary.--No concessions contract or
leasehold surrender interest may be transferred, assigned, sold, or
otherwise conveyed or pledged by a concessioner without prior written
notification to, and approval by, the Secretary.
(b) Conditions.--The Secretary shall approve a transfer or
conveyance described in subsection (a) unless the Secretary finds
that--
(1) the individual, corporation or entity seeking to acquire a
concessions contract is not qualified or able to satisfy the terms
and conditions of the concessions contract;
(2) such transfer or conveyance would have an adverse impact on
(A) the protection, conservation, or preservation of the resources
of the unit of the National Park System or (B) the provision of
necessary and appropriate facilities and services to visitors at
reasonable rates and charges; and
(3) the terms of such transfer or conveyance are likely,
directly or indirectly, to reduce the concessioner's opportunity
for a reasonable profit over the remaining term of the contract,
adversely affect the quality of facilities and services provided by
the concessioner, or result in a need for increased rates and
charges to the public to maintain the quality of such facilities
and services.
(c) Transfer Terms.--The terms and conditions of any contract under
this section shall not be subject to modification or open to
renegotiation by the Secretary because of a transfer or conveyance
described in subsection (a), unless such transfer or conveyance would
have an adverse impact as described in paragraph (2) of subsection (b).

75cdf1fc88a9d92202699c3782f76bdfa48a4527ebe832ff0e6b6bc529d4f87a

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

d5cbf2d111e83c82c5156e23c8c5ec28f886b3f55a7464c9038ea654470e5af0

(a) Contracting Authorized.--(1) To the maximum extent practicable,
the Secretary shall contract with private entities to conduct or assist
in those elements of the management of the National Park Service
concessions program considered by the Secretary to be suitable for non-
Federal performance. Such management elements include each of the
following:
(A) Health and safety inspections.
(B) Quality control of concessions operations and facilities.
(C) Strategic capital planning for concessions facilities.
(D) Analysis of rates and charges to the public.
(2) The Secretary may also contract with private entities to assist
the Secretary with each of the following:
(A) Preparation of the financial aspects of prospectuses for
National Park Service concessions contracts.
(B) Development of guidelines for a national park system
capital improvement and maintenance program for all concession
occupied facilities.
(C) Making recommendations to the Director of the National Park
Service regarding the conduct of annual audits of concession fee
expenditures.
(b) Other Management Elements.--The Secretary shall also consider,
taking into account the recommendations of the Advisory Board,
contracting out other elements of the concessions management program,
as appropriate.
(c) Condition.--Nothing in this section shall diminish the
governmental responsibilities and authority of the Secretary to
administer concessions contracts and activities pursuant to this title
and the Act of August 25, 1916 (commonly known as the National Park
Service Organic Act; 16 U.S.C. 1 et seq.). The Secretary reserves the
right to make the final decision or contract approval on contracting
services dealing with the management of the National Park Service
concessions program under this section.

fe10111118b9d77535b8f161bd3ca4f2f4238fef87442cb769d036da907b3d6d

If multiple concessions contracts are awarded to authorize
concessioners to provide the same or similar outfitting, guiding, river
running, or other similar services at the same approximate location or
resource within a specific national park, the Secretary shall establish
a comparable franchise fee structure for all such same or similar
contracts, except that the terms and conditions of any existing
concessions contract shall not be subject to modification or open to
renegotiation by the Secretary because of an award of a new contract at
the same approximate location or resource.

c0e2997f3fa5eee127c4d090b093c5c9a92e7ecc17c808d64f33e2d7bff30b53

Notwithstanding any other provision of law, a service contract
entered into by the Secretary for the provision solely of
transportation services in a unit of the National Park System shall be
no more than 10 years in length, including a base period of 5 years and
annual extensions for an additional 5-year period based on satisfactory
performance and approval by the Secretary.

42251df1b3bd55e06b9c01d0aa23826073d7c3421741e13f5c15756431a1f341

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

a1447fd936aa83aa7cdd7a780390e922e61974257888c6b8343e8e7cb4e67e3b

(a) In General.--Each concessioner shall keep such records as the
Secretary may prescribe to enable the Secretary to determine that all
terms of the concessions contract have been and are being faithfully
performed, and the Secretary and any duly authorized representative of
the Secretary shall, for the purpose of audit and examination, have
access to such records and to other books, documents, and papers of the
concessioner pertinent to the contract and all terms and conditions
thereof.
(b) Access to Records.--The Comptroller General or any duly
authorized representative of the Comptroller General shall, until the
expiration of 5 calendar years after the close of the business year of
each concessioner or subconcessioner, have access to and the right to
examine any pertinent books, papers, documents and records of the
concessioner or subconcessioner related to the contract or contracts
involved.

9603d783a668f43b62e6b3d1c1d462c7d856f34d6aeb8cb69c90c8a475271bf2

(a) Repeal.--Public Law 89-249 (commonly known as the National Park
Service Concessions Policy Act; 16 U.S.C. 20 et seq.) is repealed. The
repeal of such Act shall not affect the validity of any concessions
contract or permit entered into under such Act, but the provisions of
this title shall apply to any such contract or permit except to the
extent such provisions are inconsistent with the terms and conditions
of any such contract or permit. References in this title to concessions
contracts awarded under authority of such Act also apply to concessions
permits awarded under such authority.
(b) Conforming Amendments.--(1) The fourth sentence of section 3 of
the Act of August 25, 1916 (commonly known as the National Park Service
Organic Act; 16 U.S.C. 3), is amended--
(A) by striking all through ``no natural'' and inserting ``No
natural,''; and
(B) by striking the last proviso in its entirety.
(2) Section 12 of Public Law 91-383 (commonly known as the National
Park System General Authorities Act; 16 U.S.C. 1a-7) is amended by
striking subsection (c).
(3) The second paragraph under the heading ``National Park
Service'' in the Act of July 31, 1953 (67 Stat. 261, 271), is repealed.
(c) ANILCA.--Nothing in this title amends, supersedes, or otherwise
affects any provision of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.) relating to revenue-producing
visitor services.

0f62058f8f2006abcadcba6eaca0b6f6ffa75d61e5e66dd8be2959ff4d0d4417

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

b1acad291aa6f1afc4684af62fff39bc5892aeb0003c22e45d10673529f1eeac

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

bb2765568238b740dd07f89940a4eddb6459c9e2be069a90bed4d31c0b4890b6

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

41511759c46542447b1610d89a707ee4a5ff6cc70bc1f4f2732395bde28aed2f

(a) Treatment of Glacier Bay Concession Permits Prospectus.--
Nothing contained in this title shall authorize or require the
Secretary to withdraw, revise, amend, modify, or reissue the February
19, 1998, Prospectus Under Which Concession Permits Will be Open for
Competition for the Operation of Cruise Ship Services Within Glacier
Bay National Park and Preserve (in this section referred to as the
``1998 Glacier Bay Prospectus''). The award of concession permits
pursuant to the 1998 Glacier Bay Prospectus shall be under provisions
of existing law at the time the 1998 Glacier Bay Prospectus was issued.
(b) Preferential Right of Renewal.--Notwithstanding any provision
of this title, the Secretary, in awarding future Glacier Bay cruise
ship concession permits covering cruise ship entries for which a
preferential right of renewal existed prior to the effective date of
this title, shall provide for such cruise ship entries a preferential
right of renewal, as described in subparagraphs (C) and (D) of section
403(7). Any Glacier Bay concession permit awarded under the authority
contained in this subsection shall expire by December 31, 2009.

77b221c13339699bf4731c39769aa0d259c99c3265f0e0aa1a3582506de3c61a

Notwithstanding any other provision of law, where the National Park
Service or an entity under a service contract with the National Park
Service provides transportation to all or a portion of any unit of the
National Park System, the Secretary may impose a reasonable and
appropriate charge to the public for the use of such transportation
services in addition to any admission fee required to be paid.
Collection of both the transportation and admission fees may occur at
the transportation staging area or any other reasonably convenient
location determined by the Secretary. The Secretary may enter into
agreements with public or private entities, who qualify to the
Secretary's satisfaction, to collect the transportation and admission
fee. Such transportation fees collected as per this section shall be
retained by the unit of the National Park System at which the
transportation fee was collected and the amount retained shall be
expended only for costs associated with the transportation systems at
the unit where the charge was imposed.

ee620c0baef6564610b45f3a7b74cd38f4a6b63173d55ae069d4ba6cf648a71f

TITLE V

-FEES FOR USE OF NATIONAL PARK SYSTEM

Not later than 6 months after the date of enactment of this title,
the Secretary of the Interior and the Secretary of Agriculture shall
enter into an agreement providing for an apportionment among each
agency of all proceeds derived from the sale of Golden Eagle Passports
by private vendors. Such proceeds shall be apportioned to each agency
on the basis of the ratio of each agency's total revenue from admission
fees collected during the previous fiscal year to the sum of all
revenue from admission fees collected during the previous fiscal year
for all agencies participating in the Golden Eagle Passport Program.

d9076b4b3d22f5787892170edcb26e6b71753db427e303a8c7ede0866bb44510

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.

c26cfb4e70c296f2de212b01c5e3235150bf4723c6db88bc22e45cfbdb111434

TITLE VI

-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.

12f3190d252d325ac225b0d0fe0481ff3ef460f3860bf77d2e82e034ab90a279

(a) Stamp Design Competition.--(1) The Secretary shall hold an
annual competition for the design of the collectible stamp to be
affixed to the national park passport.
(2) Each competition shall be open to the public and shall be a
means to educate the American people about the National Park System.
(b) Sale of Passports and Stamps.--(1) National park passports and
stamps shall be sold through the National Park Service and may be sold
by private vendors on consignment in accordance with guidelines
established by the Secretary.
(2) A private vendor may be allowed to collect a commission on each
national park passport (including stamp) sold, as determined by the
Secretary.
(3) The Secretary may limit the number of private vendors of
national park passports (including stamps).
(c) Use of Proceeds.--
(1) The Secretary may use not more than 10 percent of the
revenues derived from the sale of national park passports
(including stamps) to administer and promote the national park
passport program and the National Park System.
(2) Net proceeds from the sale of national park passports shall
be deposited in a special account in the Treasury of the United
States and shall remain available until expended, without further
appropriation, for high priority visitor service or resource
management projects throughout the National Park System.
(d) Agreements.--The Secretary may enter into cooperative
agreements with the National Park Foundation and other interested
parties to provide for the development and implementation of the
national park passport program and the Secretary shall take such
actions as are appropriate to actively market national park passports
and stamps.
(e) Fee.--The fee for a national park passport and stamp shall be
$50.

1cd9417e839643345c5425dd4b0d89d6e0be51162a36b4e582370bb668fbcc97

The Secretary of Interior shall--
(1) make Golden Eagle Passports issued under section 4(a)(1)(A)
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-6a(a)(1)(A)) or the Recreational Fee Demonstration Program
authorized by section 315 of the Department of the Interior and
Related Agencies Appropriations Act, 1996 (section 101(c) of Public
Law 104-134; 16 U.S.C. 460l-6a note), available to foreign visitors
to the United States; and
(2) make such Golden Eagle Passports available for purchase
outside the United States, through commercial tourism channels and
consulates or other offices of the United States.

6d11ee38dc8bc7d9b8a50f4b98df212fda876bc3b62142d42deba421284cc511

(a) Park Passport Not Required.--A national park passport shall not
be required for--
(1) a single visit to a national park that charges a single
visit admission fee under section 4(a)(2) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)(2)) or the
Recreational Fee Demonstration Program authorized by section 315 of
the Department of the Interior and Related Agencies Appropriations
Act, 1996 (section 101(c) of Public Law 104-134; 16 U.S.C. 460l-6a
note); or
(2) an individual who has obtained a Golden Age or Golden
Access Passport under paragraph (4) or (5) of section 4(a) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
6a(a)).
(b) Golden Eagle Passports.--A Golden Eagle Passport issued under
section 4(a)(1)(A) of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-6a(a)(1)(A)) or such Recreational Fee Demonstration
Program (16 U.S.C. 460l-6a note) shall be honored for admission to each
unit of the National Park System.
(c) Access.--A national park passport shall provide access to each
unit of the National Park System under the same conditions, rules, and
regulations as apply to access with a Golden Eagle Passport as of the
date of enactment of this title.
(d) Limitations.--A national park passport may not be used to
obtain access to other Federal recreation fee areas outside of the
National Park System.
(e) Exemptions and Fees.--A national park passport does not exempt
the holder from or provide the holder any discount on any recreation
use fee imposed under section 4(b) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6a(b)) or such Recreational Fee
Demonstration Program (16 U.S.C. 460l-6a note).

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Public Law 90-209 (commonly known as the National Park Foundation
Act; 16 U.S.C. 19 et seq.) is amended by adding at the end the
following new section:
``SEC. 11. PROMOTION OF LOCAL FUNDRAISING SUPPORT.
``(a) Establishment.--The Foundation shall design and implement a
comprehensive program to assist and promote philanthropic programs of
support at the individual national park unit level.
``(b) Implementation.--The program under subsection (a) shall be
implemented to--
``(1) assist in the creation of local nonprofit support
organizations; and
``(2) provide support, national consistency, and management-
improving suggestions for local nonprofit support organizations.
``(c) Program.--The program under subsection (a) shall include the
greatest number of national park units as is practicable.
``(d) Requirements.--The program under subsection (a) shall
include, at a minimum--
``(1) a standard adaptable organizational design format to
establish and sustain responsible management of a local nonprofit
support organization for support of a national park unit;
``(2) standard and legally tenable bylaws and recommended
money-handling procedures that can easily be adapted as applied to
individual national park units; and
``(3) a standard training curriculum to orient and expand the
operating expertise of personnel employed by local nonprofit
support organizations.
``(e) Annual Report.--The Foundation shall report the progress of
the program under subsection (a) in the annual report of the
Foundation.
``(f) Affiliations.--
``(1) Charter or corporate bylaws.--Nothing in this section
requires--
``(A) a nonprofit support organization or friends group to
modify current practices or to affiliate with the Foundation;
or
``(B) a local nonprofit support organization, established
as a result of this section, to be bound through its charter or
corporate bylaws to be permanently affiliated with the
Foundation.
``(2) Establishment.--An affiliation with the Foundation shall
be established only at the discretion of the governing board of a
nonprofit organization.''.

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TITLE VII

-NATIONAL PARK FOUNDATION SUPPORT

(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.

65499cde8e9ed865bb4cab16bdef33547bb983a7287144956fc439cca6f4d899

(a) In General.--Section 3 of Public Law 91-383 (commonly known as
the National Park System General Authorities Act; 16 U.S.C. 1a-2) is
amended by adding at the end the following:
``(k) Leases.--
``(1) In general.--Except as provided in paragraph (2) and
subject to paragraph (3), the Secretary may enter into a lease with
any person or governmental entity for the use of buildings and
associated property administered by the Secretary as part of the
National Park System.
``(2) Prohibited activities.--The Secretary may not use a lease
under paragraph (1) to authorize the lessee to engage in activities
that are subject to authorization by the Secretary through a
concessions contract, commercial use authorization, or similar
instrument.
``(3) Use.--Buildings and associated property leased under
paragraph (1)--
``(A) shall be used for an activity that is consistent with
the purposes established by law for the unit in which the
building is located;
``(B) shall not result in degradation of the purposes and
values of the unit; and
``(C) shall be compatible with National Park Service
programs.
``(4) Rental amounts.--
``(A) In general.--With respect to a lease under paragraph
(1)--
``(i) payment of fair market value rental shall be
required; and
``(ii) section 321 of the Act of June 30, 1932 (47
Stat. 412, chapter 314; 40 U.S.C. 303b) shall not apply.
``(B) Adjustment.--The Secretary may adjust the rental
amount as appropriate to take into account any amounts to be
expended by the lessee for preservation, maintenance,
restoration, improvement, or repair and related expenses.
``(C) Regulation.--The Secretary shall promulgate
regulations implementing this subsection that includes
provisions to encourage and facilitate competition in the
leasing process and provide for timely and adequate public
comment.
``(5) Special account.--
``(A) Deposits.--Rental payments under a lease under
paragraph (1) shall be deposited in a special account in the
Treasury of the United States.
``(B) Availability.--Amounts in the special account shall
be available until expended, without further appropriation, for
infrastructure needs at units of the National Park System,
including--
``(i) facility refurbishment;
``(ii) repair and replacement;
``(iii) infrastructure projects associated with park
resource protection; and
``(iv) direct maintenance of the leased buildings and
associated properties.
``(C) Accountability and results.--The Secretary shall
develop procedures for the use of the special account that
ensure accountability and demonstrated results consistent with
this Act.
``(l) Cooperative Management Agreements.--
``(1) In general.--Where a unit of the National Park System is
located adjacent to or near a State or local park area, and
cooperative management between the National Park Service and a
State or local government agency of a portion of either park will
allow for more effective and efficient management of the parks, the
Secretary may enter into an agreement with a State or local
government agency to provide for the cooperative management of the
Federal and State or local park areas. The Secretary may not
transfer administration responsibilities for any unit of the
National Park System under this paragraph.
``(2) Provision of goods and services.--Under a cooperative
management agreement, the Secretary may acquire from and provide to
a State or local government agency goods and services to be used by
the Secretary and the State or local governmental agency in the
cooperative management of land.
``(3) Assignment.--An assignment arranged by the Secretary
under section 3372 of title 5, United States Code, of a Federal,
State, or local employee for work in any Federal, State, or local
land or an extension of such an assignment may be for any period of
time determined by the Secretary and the State or local agency to
be mutually beneficial.''.
(b) Historic Lease Process Simplification.--The Secretary is
directed to simplify, to the maximum extent possible, the leasing
process for historic properties with the goal of leasing available
structures in a timely manner.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

6e5da3275ac160ccafd1db2598d6780eecfa05a4a49d9da06a7760765fd61d2a

National Parks Omnibus Management Act of 1998

Other Sections