[105th Congress Public Law 391]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ391.105]


[[Page 112 STAT. 3497]]

Public Law 105-391
105th Congress

                                 An Act


 
To provide for improved management <<NOTE: Nov. 13, 1998 -  [S. 1693]>>  
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, <<NOTE: National Parks 
Omnibus Management Act of 1998.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 16 USC 5901 note.>>  Short Title.--This Act may be cited 
as the ``National Parks Omnibus Management Act of 1998''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition.

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

Sec. 101. Protection, interpretation, and research in the National Park 
           System.
Sec. 102. National Park Service employee training.
Sec. 103. Management development and training.
Sec. 104. Park budgets and accountability.

    TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT

Sec. 201. Purposes.
Sec. 202. Research mandate.
Sec. 203. Cooperative agreements.
Sec. 204. Inventory and monitoring program.
Sec. 205. Availability for scientific study.
Sec. 206. Integration of study results into management decisions.
Sec. 207. Confidentiality of information.

  TITLE III--STUDY REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS

Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Study of addition of new National Park System areas.

         TITLE IV--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

Sec. 401. Short title.
Sec. 402. Congressional findings and statement of policy.
Sec. 403. Award of concessions contracts.
Sec. 404. Term of concessions contracts.
Sec. 405. Protection of concessioner investment.
Sec. 406. Reasonableness of rates.
Sec. 407. Franchise fees.
Sec. 408. Transfer of concessions contracts.
Sec. 409. National Park Service Concessions Management Advisory Board.
Sec. 410. Contracting for services.
Sec. 411. Multiple contracts within a park.
Sec. 412. Special rule for transportation contracting services.

[[Page 112 STAT. 3498]]

Sec. 413. Use of nonmonetary consideration in concessions contracts.
Sec. 414. Recordkeeping requirements.
Sec. 415. Repeal of National Park Service Concessions Policy Act.
Sec. 416. Promotion of the sale of Indian, Alaska Native, Native Samoan, 
           and Native Hawaiian handicrafts.
Sec. 417. Regulations.
Sec. 418. Commercial use authorizations.
Sec. 419. Savings provision.

              TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM

Sec. 501. Fees.
Sec. 502. Distribution of golden eagle passport sales.

                TITLE VI--NATIONAL PARK PASSPORT PROGRAM

Sec. 601. Purposes.
Sec. 602. National Park passport program.
Sec. 603. Administration.
Sec. 604. Foreign sales of Golden Eagle Passports.
Sec. 605. Effect on other laws and programs.

               TITLE VII--NATIONAL PARK FOUNDATION SUPPORT

Sec. 701. Promotion of local fundraising support.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. United States Park Police.
Sec. 802. Leases and cooperative management agreements.

SEC. 2. DEFINITION. <<NOTE: 16 USC 5901.>> 

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

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

SEC. 101. <<NOTE: 16 USC 5911.>>  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. <<NOTE: 16 USC 
            5912.>> 

    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. <<NOTE: 16 USC 5913.>> 

    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.

[[Page 112 STAT. 3499]]

SEC. 104. PARK BUDGETS AND ACCOUNTABILITY. <<NOTE: 16 USC 5914.>> 

    (a) <<NOTE: Public information.>>  Strategic and Performance Plans 
For Each Unit.--Each unit of the National Park System shall prepare and 
make available to the public a 5-year strategic plan and an annual 
performance plan. Such plans shall reflect the National Park Service 
policies, goals, and outcomes represented in the Service-wide Strategic 
Plan, prepared pursuant to the provisions of the Government Performance 
and Results Act of 1993 (Public Law 103-62; 107 Stat. 285).

    (b) Annual Budget For Each Unit.--As a part of the annual 
performance plan for a unit of the National Park System prepared 
pursuant to subsection (a), following receipt of the appropriation for 
the unit from the Operations of the National Park System account (but no 
later than January 1 of each year), the superintendent of the unit shall 
develop and make available to the public the budget for the current 
fiscal year for that unit. The budget shall include, at a minimum, 
funding allocations for resource preservation (including resource 
management), visitor services (including maintenance, interpretation, 
law enforcement, and search and rescue) and administration. The budget 
shall also include allocations into each of the above categories of all 
funds retained from fees collected for that year, including (but not 
limited to) special use permits, concession franchise fees, and 
recreation use and entrance fees.

    TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT

SEC. 201. PURPOSES. <<NOTE: 16 USC 5931.>> 

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

SEC. 202. RESEARCH MANDATE. <<NOTE: 16 USC 5932.>> 

    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.

[[Page 112 STAT. 3500]]

SEC. 203. COOPERATIVE AGREEMENTS. <<NOTE: 16 USC 5933.>> 

    (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) <<NOTE: Deadline.>>  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. <<NOTE: 16 USC 5934.>> 

    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. <<NOTE: 16 USC 5935.>> 

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

    (c) Fee Waiver.--The Secretary may waive any park admission or 
recreational use fee in order to facilitate the conduct of scientific 
study under this section.
    (d) Negotiations.--The Secretary may enter into negotiations with 
the research community and private industry for equitable, efficient 
benefits-sharing arrangements.

SEC. <<NOTE: 16 USC 5936.>>  206. INTEGRATION OF STUDY RESULTS INTO 
            MANAGEMENT DECISIONS.

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

[[Page 112 STAT. 3501]]

evaluation of each superintendent of a unit of the National Park System.

SEC. 207. CONFIDENTIALITY OF INFORMATION. <<NOTE: 16 USC 5937.>> 

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

TITLE <<NOTE: National Park System New Areas Studies Act.>>  III--STUDY 
REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS

SEC. 301. SHORT TITLE. <<NOTE: 16 USC 1 note.>> 

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

SEC. 302. PURPOSE. <<NOTE: 16 USC 1a-5 note.>> 

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

SEC. 303. STUDY OF ADDITION OF NEW NATIONAL PARK SYSTEM AREAS.

    Section 8 of Public Law 91-383 (commonly known as the National Park 
System General Authorities Act; 16 U.S.C. 1a-5) is amended as follows:
            (1) By inserting ``General Authority.--'' after ``(a)''.
            (2) By striking the second through the sixth sentences of 
        subsection (a).
            (3) By redesignating the last two sentences of subsection 
        (a) as subsection (f) and inserting in the first of such 
        sentences before the words ``For the purposes of carrying'' the 
        following: ``(f) Authorization of Appropriations.--''.
            (4) By inserting the following after subsection (a):

    ``(b) <<NOTE: Records.>>  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--

[[Page 112 STAT. 3502]]

            ``(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;

[[Page 112 STAT. 3503]]

            ``(C) shall identify what alternative or combination of 
        alternatives would in the professional judgment of the Director 
        of the National Park Service be most effective and efficient in 
        protecting significant resources and providing for public 
        enjoyment; and
            ``(D) may include any other information which the Secretary 
        deems to be relevant.

    ``(4) Each study shall be completed in compliance with the National 
Environmental Policy Act of 1969.
    ``(5) The letter transmitting each completed study to Congress shall 
contain a recommendation regarding the Secretary's preferred management 
option for the area.
    ``(d) New Area Study Office.--The Secretary shall designate a single 
office to be assigned to prepare all new area studies and to implement 
other functions of this section.
    ``(e) List of Areas.--At the beginning of each calendar year, along 
with the annual budget submission, the Secretary shall submit to the 
Committee on Resources of the House of Representatives and to the 
Committee on Energy and Natural Resources of the Senate a list of areas 
which have been previously studied which contain primarily historical 
resources, and a list of areas which have been previously studied which 
contain primarily natural resources, in numerical order of priority for 
addition to the National Park System. In developing the lists, the 
Secretary should consider threats to resource values, cost escalation 
factors, and other factors listed in subsection (c) of this section. The 
Secretary should only include on the lists areas for which the 
supporting data is current and accurate.''.
            (5) By adding at the end of subsection (f) (as designated by 
        paragraph (3) of this section) the following: ``For carrying out 
        subsections (b) through (d) there are authorized to be 
        appropriated $2,000,000 for each fiscal year.''.

 TITLE <<NOTE: National Park Service Concessions Management Improvement 
    Act of 1998. Contracts.>>  IV--NATIONAL PARK SERVICE CONCESSIONS 
MANAGEMENT

SEC. 401. SHORT TITLE. <<NOTE: 16 USC 5901 note.>> 

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

SEC. 402. <<NOTE: 16 USC 5951.>>  CONGRESSIONAL FINDINGS AND STATEMENT 
            OF POLICY.

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

[[Page 112 STAT. 3504]]

            (2) development of public accommodations, facilities, and 
        services within such units can best be limited to locations that 
        are consistent to the highest practicable degree with the 
        preservation and conservation of the resources and values of 
        such units.

    (b) Policy.--It is the policy of the Congress that the development 
of public accommodations, facilities, and services in units of the 
National Park System shall be limited to those accommodations, 
facilities, and services that--
            (1) are necessary and appropriate for public use and 
        enjoyment of the unit of the National Park System in which they 
        are located; and
            (2) are consistent to the highest practicable degree with 
        the preservation and conservation of the resources and values of 
        the unit.

SEC. 403. AWARD OF CONCESSIONS CONTRACTS. <<NOTE: 16 USC 5952.>> 

    In furtherance of the findings and policy stated in section 402, and 
except as provided by this title or otherwise authorized by law, the 
Secretary shall utilize concessions contracts to authorize a person, 
corporation, or other entity to provide accommodations, facilities, and 
services to visitors to units of the National Park System. Such 
concessions contracts shall be awarded as follows:
            (1) Competitive selection process.--Except as otherwise 
        provided in this section, all proposed concessions contracts 
        shall be awarded by the Secretary to the person, corporation, or 
        other entity submitting the best proposal, as determined by the 
        Secretary through a competitive selection process. Such 
        competitive process shall include simplified procedures for 
        small, individually-owned, concessions contracts.
            (2) Solicitation of proposals.--Except as otherwise provided 
        in this section, prior to awarding a new concessions contract 
        (including renewals or extensions of existing concessions 
        contracts) the Secretary shall publicly solicit proposals for 
        the concessions contract and, in connection with such 
        solicitation, the Secretary shall prepare a prospectus and shall 
        publish notice of its availability at least once in local or 
        national newspapers or trade publications, and/or the Commerce 
        Business Daily, as appropriate, and shall make the prospectus 
        available upon request to all interested parties.
            (3) Prospectus.--The prospectus shall include the following 
        information:
                    (A) The minimum requirements for such contract as 
                set forth in paragraph (4).
                    (B) The terms and conditions of any existing 
                concessions contract relating to the services and 
                facilities to be provided, including all fees and other 
                forms of compensation provided to the United States by 
                the concessioner.
                    (C) Other authorized facilities or services which 
                may be provided in a proposal.
                    (D) Facilities and services to be provided by the 
                Secretary to the concessioner, if any, including public 
                access, utilities, and buildings.
                    (E) An estimate of the amount of compensation, if 
                any, due an existing concessioner from a new 
                concessioner under the terms of a prior concessions 
                contract.

[[Page 112 STAT. 3505]]

                    (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.

[[Page 112 STAT. 3506]]

                    (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) <<NOTE: Applicability.>>  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

[[Page 112 STAT. 3507]]

        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

[[Page 112 STAT. 3508]]

                all reasonable and appropriate steps to consider 
                alternatives to avoid such interruption.
                    (B) <<NOTE: Federal Register, publication.>>  A 
                concessions contract in extraordinary circumstances 
                where compelling and equitable considerations require 
                the award of a concessions contract to a particular 
                party in the public interest. Such award of a 
                concessions contract shall not be made by the Secretary 
                until at least 30 days after publication in the Federal 
                Register of notice of the Secretary's intention to do so 
                and the reasons for such action, and submission of 
                notice to the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Resources of the 
                House of Representatives.

SEC. 404. TERM OF CONCESSIONS CONTRACTS. <<NOTE: 16 USC 5953.>> 

    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 conract terms and conditions, including 
the required construction of capital improvements, warrant a longer 
term.

SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT. <<NOTE: 16 USC 5954.>> 

    (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) <<NOTE: Effective date.>>  Effective 9 years after the 
        date of the enactment of this Act, the Secretary may provide, in 
        any particular new

[[Page 112 STAT. 3509]]

        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. <<NOTE: Federal 
        Register, publication.>> 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.

[[Page 112 STAT. 3510]]

            (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) <<NOTE: Deadline.>>  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.

SEC. 406. REASONABLENESS OF RATES. <<NOTE: 16 USC 5955.>> 

    (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).

[[Page 112 STAT. 3511]]

    (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) <<NOTE: Deadline.>>  Implementation of Recommendations.--Not 
later than 6 months after receiving recommendations from the Advisory 
Board established under section 409(a) regarding concessioner rates and 
charges to the public, the Secretary shall implement the recommendations 
or report to the Congress the reasons for not implementing the 
recommendations.

SEC. 407. FRANCHISE FEES. <<NOTE: 16 USC 5956.>> 

    (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

[[Page 112 STAT. 3512]]

the National Park System in which the funds were collected. The funds 
deposited into the special account shall remain available until 
expended.
    (d) Subaccount for Each Unit.--There shall be established within the 
special account required under subsection (c) a subaccount for each unit 
of the National Park System. Each subaccount shall be credited with 80 
percent of the franchise fees (and other monetary consideration) 
collected at a single unit of the National Park System under concessions 
contracts. The funds credited to the subaccount for a unit of the 
National Park System shall be available for expenditure by the 
Secretary, without further appropriation, for use at the unit for 
visitor services and for purposes of funding high-priority and urgently 
necessary resource management programs and operations. The funds 
credited to a subaccount shall remain available until expended.

SEC. 408. TRANSFER OF CONCESSIONS CONTRACTS. <<NOTE: 16 USC 5957.>> 

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

    (c) Transfer Terms.--The terms and conditions of any contract under 
this section shall not be subject to modification or open to 
renegotiation by the Secretary because of a transfer or conveyance 
described in subsection (a), unless such transfer or conveyance would 
have an adverse impact as described in paragraph (2) of subsection (b).

SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT ADVISORY 
            BOARD. <<NOTE: 16 USC 5958.>> 

    (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:

[[Page 112 STAT. 3513]]

                    (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.

[[Page 112 STAT. 3514]]

    (d) Termination.--The Advisory Board shall continue to exist until 
December 31, 2008. In all other respects, it shall be subject to the 
provisions of the Federal Advisory Committee Act.
    (e) Service on Advisory Board.--Service of an individual as a member 
of the Advisory Board shall not be considered as service or employment 
bringing such individual within the provisions of any Federal law 
relating to conflicts of interest or otherwise imposing restrictions, 
requirements, or penalties in relation to the employment of persons, the 
performance of services, or the payment or receipt of compensation in 
connection with claims, proceedings, or matters involving the United 
States. Service as a member of the Advisory Board shall not be 
considered service in an appointive or elective position in the 
Government for purposes of section 8344 of title 5, United States Code, 
or other comparable provisions of Federal law.

SEC. 410. CONTRACTING FOR SERVICES. <<NOTE: 16 USC 5959.>> 

    (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.

SEC. 411. MULTIPLE CONTRACTS WITHIN A PARK. <<NOTE: 16 USC 5960.>> 

    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

[[Page 112 STAT. 3515]]

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.

SEC. 412. <<NOTE: 16 USC 5961.>>  SPECIAL RULE FOR TRANSPORTATION 
            CONTRACTING SERVICES.

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

SEC. 413. <<NOTE: 16 USC 5962.>>  USE OF NONMONETARY CONSIDERATION IN 
            CONCESSIONS CONTRACTS.

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

SEC. 414. <<NOTE: 16 USC 5963.>>  RECORDKEEPING REQUIREMENTS.

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

SEC. 415. REPEAL OF NATIONAL PARK SERVICE CONCESSIONS POLICY ACT.

    (a) <<NOTE: 16 USC 20 note.>>  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).

[[Page 112 STAT. 3516]]

    (3) The second paragraph under the heading ``National Park Service'' 
in the Act of July 31, 1953 (67 Stat. 261, 271), <<NOTE: 16 USC 17b-
1.>>  is repealed.

    (c) <<NOTE: 16 USC 5951 note.>>  ANILCA.--Nothing in this title 
amends, supersedes, or otherwise affects any provision of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) 
relating to revenue-producing visitor services.

SEC. 416. <<NOTE: 16 USC 5964.>>  PROMOTION OF THE SALE OF INDIAN, 
            ALASKA NATIVE, NATIVE SAMOAN, AND NATIVE HAWAIIAN 
            HANDICRAFTS.

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

SEC. 417. REGULATIONS. <<NOTE: 16 USC 5965.>> 

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

SEC. 418. <<NOTE: 16 USC 5966.>>  COMMERCIAL USE AUTHORIZATIONS.

    (a) In General.--To the extent specified in this section, the 
Secretary, upon request, may authorize a private person, corporation, or 
other entity to provide services to visitors to units of the National 
Park System through a commercial use authorization. Such authorizations 
shall not be considered as concessions contracts pursuant to this title 
nor shall other sections of this title be applicable to such 
authorizations except where expressly so stated.
    (b) Criteria for Issuance of Authorizations.--
            (1) Required determinations.--The authority of this section 
        may be used only to authorize provision of services that the 
        Secretary determines will have minimal impact on resources and 
        values of the unit of the National Park System and are 
        consistent with the purpose for which the unit was established 
        and with all applicable management plans and park policies and 
        regulations.
            (2) Elements of authorization.--The Secretary shall--
                    (A) require payment of a reasonable fee for issuance 
                of an authorization under this section, such fees to 
                remain available without further appropriation to be 
                used, at a minimum, to recover associated management and 
                administrative costs;

[[Page 112 STAT. 3517]]

                    (B) require that the provision of services under 
                such an authorization be accomplished in a manner 
                consistent to the highest practicable degree with the 
                preservation and conservation of park resources and 
                values;
                    (C) take appropriate steps to limit the liability of 
                the United States arising from the provision of services 
                under such an authorization; and
                    (D) have no authority under this section to issue 
                more authorizations than are consistent with the 
                preservation and proper management of park resources and 
                values, and shall establish such other conditions for 
                issuance of such an authorization as the Secretary 
                determines appropriate for the protection of visitors, 
                provision of adequate and appropriate visitor services, 
                and protection and proper management of the resources 
                and values of the park.

    (c) Limitations.--Any authorization issued under this section shall 
be limited to--
            (1) commercial operations with annual gross receipts of not 
        more than $25,000 resulting from services originating and 
        provided solely within a unit of the National Park System 
        pursuant to such authorization;
            (2) the incidental use of resources of the unit by 
        commercial operations which provide services originating and 
        terminating outside of the boundaries of the unit; or
            (3) such uses by organized children's camps, outdoor clubs 
        and nonprofit institutions (including back country use) and such 
        other uses as the Secretary determines appropriate.

Nonprofit institutions are not required to obtain commercial use 
authorizations unless taxable income is derived by the institution from 
the authorized use.
    (d) Prohibition on Construction.--An authorization issued under this 
section shall not provide for the construction of any structure, 
fixture, or improvement on federally-owned lands within the boundaries 
of a unit of the National Park System.
    (e) Duration.--The term of any authorization issued under this 
section shall not exceed 2 years. No preferential right of renewal or 
similar provisions for renewal shall be granted by the Secretary.
    (f) Other Contracts.--A person, corporation, or other entity seeking 
or obtaining an authorization pursuant to this section shall not be 
precluded from also submitting proposals for concessions contracts.

SEC. 419. SAVINGS PROVISION. <<NOTE: 16 USC 5951 note.>> 

    (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

[[Page 112 STAT. 3518]]

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). <<NOTE: Expiration date.>>  Any Glacier Bay 
concession permit awarded under the authority contained in this 
subsection shall expire by December 31, 2009.

              TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM

SEC. 501. FEES. <<NOTE: 16 USC 5981.>> 

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

SEC. 502. <<NOTE: Contracts 16 USC 5982.>>  DISTRIBUTION OF GOLDEN EAGLE 
            PASSPORT SALES.

    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.

                TITLE VI--NATIONAL PARK PASSPORT PROGRAM

SEC. 601. PURPOSES. <<NOTE: 16 USC 5991.>> 

    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.

[[Page 112 STAT. 3519]]

SEC. 602. <<NOTE: 16 USC 5992.>>  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. <<NOTE: 16 USC 5993.>> 

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

    (d) Agreements.--The Secretary may enter into cooperative agreements 
with the National Park Foundation and other interested parties to 
provide for the development and implementation of the national park 
passport program and the Secretary shall take such actions as are 
appropriate to actively market national park passports and stamps.
    (e) Fee.--The fee for a national park passport and stamp shall be 
$50.

SEC. 604. <<NOTE: 16 USC 5994.>>  FOREIGN SALES OF GOLDEN EAGLE 
            PASSPORTS.

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

[[Page 112 STAT. 3520]]

            (2) make such Golden Eagle Passports available for purchase 
        outside the United States, through commercial tourism channels 
        and consulates or other offices of the United States.

SEC. 605. <<NOTE: 16 USC 5995.>>  EFFECT ON OTHER LAWS AND PROGRAMS.

    (a) Park Passport Not Required.--A national park passport shall not 
be required for--
            (1) a single visit to a national park that charges a single 
        visit admission fee under section 4(a)(2) of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)(2)) or the 
        Recreational Fee Demonstration Program authorized by section 315 
        of the Department of the Interior and Related Agencies 
        Appropriations Act, 1996 (section 101(c) of Public Law 104-134; 
        16 U.S.C. 460l-6a note); or
            (2) an individual who has obtained a Golden Age or Golden 
        Access Passport under paragraph (4) or (5) of section 4(a) of 
        the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-6a(a)).

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

               TITLE VII--NATIONAL PARK FOUNDATION SUPPORT

SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

    Public Law 90-209 (commonly known as the National Park Foundation 
Act; 16 U.S.C. 19 et seq.) is amended by adding at the end the following 
new section:

``SEC. 11. <<NOTE: 16 USC 19o.>>  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.

[[Page 112 STAT. 3521]]

    ``(c) Program.--The program under subsection (a) shall include the 
greatest number of national park units as is practicable.
    ``(d) Requirements.--The program under subsection (a) shall include, 
at a minimum--
            ``(1) a standard adaptable organizational design format to 
        establish and sustain responsible management of a local 
        nonprofit support organization for support of a national park 
        unit;
            ``(2) standard and legally tenable bylaws and recommended 
        money-handling procedures that can easily be adapted as applied 
        to individual national park units; and
            ``(3) a standard training curriculum to orient and expand 
        the operating expertise of personnel employed by local nonprofit 
        support organizations.

    ``(e) Annual Report.--The Foundation shall report the progress of 
the program under subsection (a) in the annual report of the Foundation.
    ``(f) Affiliations.--
            ``(1) Charter or corporate bylaws.--Nothing in this section 
        requires--
                    ``(A) a nonprofit support organization or friends 
                group to modify current practices or to affiliate with 
                the Foundation; or
                    ``(B) a local nonprofit support organization, 
                established as a result of this section, to be bound 
                through its charter or corporate bylaws to be 
                permanently affiliated with the Foundation.
            ``(2) Establishment.--An affiliation with the Foundation 
        shall be established only at the discretion of the governing 
        board of a nonprofit organization.''.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

SEC. 801. <<NOTE: 16 USC 6011.>>  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) <<NOTE: Deadline.>>  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.

[[Page 112 STAT. 3522]]

SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS.

    (a) In General.--Section 3 of Public Law 91-383 (commonly known as 
the National Park System General Authorities Act; 16 U.S.C. 1a-2) is 
amended by adding at the end the following:
    ``(k) Leases.--
            ``(1) In general.--Except as provided in paragraph (2) and 
        subject to paragraph (3), the Secretary may enter into a lease 
        with any person or governmental entity for the use of buildings 
        and associated property administered by the Secretary as part of 
        the National Park System.
            ``(2) Prohibited activities.--The Secretary may not use a 
        lease under paragraph (1) to authorize the lessee to engage in 
        activities that are subject to authorization by the Secretary 
        through a concessions contract, commercial use authorization, or 
        similar instrument.
            ``(3) Use.--Buildings and associated property leased under 
        paragraph (1)--
                    ``(A) shall be used for an activity that is 
                consistent with the purposes established by law for the 
                unit in which the building is located;
                    ``(B) shall not result in degradation of the 
                purposes and values of the unit; and
                    ``(C) shall be compatible with National Park Service 
                programs.
            ``(4) Rental amounts.--
                    ``(A) In general.--With respect to a lease under 
                paragraph (1)--
                          ``(i) payment of fair market value rental 
                      shall be required; and
                          ``(ii) section 321 of the Act of June 30, 1932 
                      (47 Stat. 412, chapter 314; 40 U.S.C. 303b) shall 
                      not apply.
                    ``(B) Adjustment.--The Secretary may adjust the 
                rental amount as appropriate to take into account any 
                amounts to be expended by the lessee for preservation, 
                maintenance, restoration, improvement, or repair and 
                related expenses.
                    ``(C) Regulation.--The Secretary shall promulgate 
                regulations implementing this subsection that includes 
                provisions to encourage and facilitate competition in 
                the leasing process and provide for timely and adequate 
                public comment.
            ``(5) Special account.--
                    ``(A) Deposits.--Rental payments under a lease under 
                paragraph (1) shall be deposited in a special account in 
                the Treasury of the United States.
                    ``(B) Availability.--Amounts in the special account 
                shall be available until expended, without further 
                appropriation, for infrastructure needs at units of the 
                National Park System, including--
                          ``(i) facility refurbishment;
                          ``(ii) repair and replacement;
                          ``(iii) infrastructure projects associated 
                      with park resource protection; and
                          ``(iv) direct maintenance of the leased 
                      buildings and associated properties.
                    ``(C) <<NOTE: Procedures.>>  Accountability and 
                results.--The Secretary shall develop procedures for the 
                use of the special account

[[Page 112 STAT. 3523]]

                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) <<NOTE: 16 USC 470h-3 note.>>  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.

    Approved November 13, 1998.

LEGISLATIVE HISTORY--S. 1693:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-767 (Comm. on Resources).
SENATE REPORTS: No. 105-202 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            June 11, considered and passed Senate.
            Oct. 13, considered and passed House, amended.
            Oct. 14, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
            Nov. 13, Presidential statement.

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