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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS [104th]
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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
(Senate - August 10, 1995) Text of this article available as:
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[Pages S12215-S12290] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. MURKOWSKI: S. 1144. A bill to reform and enhance the management of the National Park System, and for other purposes; to the Committee on Energy and Natural Resources. the national park service enhancement act Mr. MURKOWSKI. Mr. President, I rise today to introduce the National Park Service Enhancement Act. This legislation, when enacted, will revamp the National Park Concession Policy Act by creating a true and equal private/public partnership while offering more competition, less regulation, consistent inter- and intra-agency policies and at the same time increase returns to the Federal Government. This legislation also addresses fee increases to our national parks, needed improvements to land management employee housing, and the establishment of strict criteria by which areas are considered for national park status. Finally, the bill sets forth a simplified and cost-saving mechanism by which the Federal Government determines the fee schedules for ski operators who use portions of lands under the jurisdiction of the National Forest System. The 1916 Organic Act creating the National Park Service gave the agency a dual mission--to care for the Nation's parks in such a way as to preserve the resources for future generations while at the same time providing for public use and enjoyment of the same resources. I must say, Mr. President, that after hearing the General Accounting Office report on the current state of the National Park System, the Service needs major assistance in meeting their legislative mandate and they need to improve their accountability as well. I offer the National Park Service Enhancement Act as a way to help the National Park Service to: First, reap the benefits of viable partnerships with the private [[Page S 12216]] sector; second, become more user-friendly; and third, begin the long road back to being the flagship conservation system that was once the envy of the world. Mr. President, on March 7 of this year, the General Accounting Office testified at a hearing before the Subcommittee on Parks, Historic Preservation and Recreation that the National Park System is in failing health. The addition of numerous new areas to the System, increased visitation, and unfunded mandates have stretched the financial resources of the Service so far that basic visitor services are being cut, infrastructure maintenance is deferred, and accountability is sorely lacking. In addition, the National Park Service has other problems it cannot solve under existing law. Many park employees live in Government housing that most of us, even those with Spartan tastes, would find unacceptable as decent living quarters. Yet these employees are afraid that if their housing is brought up to standard, their rent will go beyond the range of their ability to pay. Private companies acting as partners with the National Park Service and other land management agencies to provide needed accommodations, facilities and services to park visitors are subject to ridiculous regulation and redtape under existing laws. With this legislation, I propose to correct this problem. Simply put, if we can't afford to take care of the caretakers, how can we hope to take care of the resources under their charge? The current park admission and special use fee systems need revamping so that fees are fair for all types of visitors, whether they bring their own car into the parks or arrive by commercial bus. Mr. President, I would like to give a brief outline of provisions of the National Park Service Enhancement Act, which I believe will solve the problems I just described. Title I of the bill reforms National Park Service concessions policy. It provides clear definitions of concessioners and commercial use contractors and establishes similar procedures for awarding and managing contracts with both types of businesses. An example of how ridiculous the existing system is comes from my home State of Alaska. At Glacier Bay National Park, commercial cruise ships that come into the bay between June and August operate under 100-page concession contracts; the rest of the year they operate under 2-page commercial use licenses. Two sets of paperwork for one kind of service. The problem is further exacerbated from region to region and from park to park. There is no consistency for the issuance of a simple permit. This legislation, when enacted, provides uniformity and user-friendly systems. In addition, this title will relieve the National Park Service of having to approve a concessioner's rates and charges for every single sales item and service where nearby competition will allow market forces to set a reasonable price. This alone should free National Park Service concessions specialists from spending weeks deciding what a hot dog should cost at Padre Island National Seashore, only to reach a determination that there is no hot dog to compare it to. My bill, when enacted, will correct this sort of overregulation. Other key provisions in title I include possessory interest, probably the most controversial aspect of concessions reform. Other legislation introduced would do away with possessory interest. As a former banker, I have to wonder what financial institution is going to loan funds to a business for real estate improvements which are not expected to hold their value? What sense does it make to amortize possessory interest so that all assets constructed or improved by concessioners would eventually be owned by the Government? The National Park Service, by its own admission, has billions of dollars in infrastructure maintenance backlog. Why would we want to add to the backlog when everyone on this floor knows the National Park Service cannot afford to maintain what it already has? On the issue of competition, discussion has focused on the current preferential right of renewal. I feel very strongly that it is in the best interest of both the National Park Service and the visiting public to maintain continuity where existing concessioners have a track record of good service. My bill creates incentive for high quality service by awarding good concessioners with a credit of extra points to apply toward the total points that the Secretary may award proposals submitted by bidders. There is no reason to have turnover for the sake of turnover--continuation of high quality service only makes sense, and it is good business. The combination of provisions in title I of this bill should result in higher franchise fees offered by bidders because they know that their investment in improvements will not be depreciated to zero for non-tax purposes, and that they will have incentive to provide superior services to the public. Commercial use contractors will be less subject to inconsistent application of Park Service policy and enjoy the benefits of a binding contract, just as concessioners do. These provisions add up to good business sense for the private sector, the public, and the National Park Service. Ultimately, they will add up to good sense for the U.S. Forest Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service as they are directed to adopt consistent regulations for substantially similar commercial and non-recreational uses on lands within their jurisdiction. Title II amends the Land and Water Conservation Fund Act sections relating to admission, recreation, and special use fees. It is only realistic that actual park users shoulder more responsibility for maintaining the national parks and visitor services provided in the parks than those who are not users. This bill raises fees to a reasonable level for the Golden Eagle Passport, the annual park pass, and establishes a uniform per-visit fee at parks that charge admission fees. Commercial tour use fees will be set solely according to vehicle capacity, without the addition of a per person charge. This flat fee rate relieves the ranger at the gate to Yosemite National Park from holding up a commercial motor coach for 15 minutes in order to see which riders have Golden Age, Access or Eagle Passports exempting them from additional entrance fees. Multipassenger commerical vehicles will no longer be penalized for what should be recognized as an environmentally sound practice--providing a national park experience to many people at one time while using only a single vehicle. The results are less pollution and less congestion in our busier parks. Reforming National Park Service fee programs will not make the agency self-supporting. That is not the intent of my legislation. However, current admission fees are below what anyone would reasonably expect. Fees should be more uniformly applied across the System and should contribute to offset diminished appropriations. To that end this bill removes many of the prohibitions on collecting admission fees at certain types of National Park System units. If we are to restore the System, everyone must contribute. Exceptions must be extremely limited or eliminated. What is fair is fair for everyone. Title III of the National Park Service Enhancement Act relates to ski area permits on national forest lands. It would establish a ski area permit fee that returns fair value to the United States. The fee formula outlined in the bill is simple, equitable and consistent, and will simplify the administrative burdens on both the ski area permittees and the Forest Service personnel who administer the permits. Title IV will make it much more difficult to add units to the National Park System without careful consideration. The National Park System should be a collection of the finest and most fitting examples of our national heritage, maintained accordingly. Dilution of the System by less than suitable sites threatens to bring the National Park System down to the lowest common denominator. The National Park Service will develop a comprehensive plan to guide the direction of the National Park System into the next century. The plan will include clarification of the Park Service role and mission in preserving our national heritage in concert with other such efforts by Federal, State, and local entities. New criteria for inclusion of areas in the System will be [[Page S 12217]] developed. Topics and themes not represented in the System will be identified and a priority list for representation developed. I mentioned the need for housing reform earlier. Title V of the bill will give the Secretaries of Interior and Agriculture greater authority to provide housing for their employees, both within and outside of national park boundaries. For employees at Dry Tortugas National Park, who live for 8 days at a time on a tiny island, the bill will enable the National Park Service to rent housing on the Florida mainland for them to use when they come off the island for their days off. In the past, rangers and other employees were forced to rent motel rooms at tourist season rates or sleep in their cars just to be able to wash their clothes and buy groceries before going back out to their remote duty stations. Agencies will be able to work with the private sector to construct, develop, rehabilitate, manage, and lease housing for their employees. This proposal has the potential to remove huge financial and administrative burdens from those agencies. In addition, employees will be assured that their rent, as paid to their Government landlords, will not be more than a reasonable percentage of their pay. Title VI establishes a system for disposition of receipts collected by the National Park Service as admission, recreation, special use, and franchise fees. As allowed now, parks collecting admission and recreation fees may retain amounts equal to their direct costs of collecting such fees to cover those costs. Receipts equal to those currently going into the general Treasury will continue to be deposited there, as well as half the additional receipts. The other 50 percent of additional receipts will go into a newly established National Park Service account in the Treasury, known as the park improvement fund. Moneys in the park improvement fund will go back to the national parks to take care of operational and project needs. Seventy-five percent of fund receipts collected at a specific park as part of a particular fee program will go back to that park. The remaining 25 percent will be distributed among other parks that may not collect that type of fee. To ensure accountability, parks must submit requests for spending their returned funds for approval by the Secretary of the Interior, who in turn forwards them to Congress for review. The final title of the bill renews the recently expired authority for the National Park System Advisory Board and charges it with conducting two important studies. Within a year of enactment of this legislation, the advisory board, working in consultation with the National Park Service, must review most units of the National Park System to determine whether greater or equal resource protection and visitor use could be achieved through alternative management of those areas. Additionally, as part of this study, the advisory board will use the organic legislation of the National Park Service and of its units to develop criteria to guide the Congress and the Secretary of Interior in establishing and supporting new additions to the National Park System. The second task of the advisory board is to review existing visitor services at each unit of the National Park System for adequacy and to identify specific park needs for new or additional services. Mr. President, I offer this legislation as a way to help the National Park Service, other land management agencies, and even Congress to do the right thing. The National Park System is strained to the breaking point by poorly conceived additions. We must reexamine the definition of a worthy unit and ensure that any additions to the System meet the new definition. We must assist the National Park Service and other agencies in establishing businesslike, and mutually beneficial relationships with partners in the private sector, including park concessioners and others who provide needed commerical services on public lands. Often these agencies operate with a rather one-sided view of what partnership means. A partnership is a two-way street--this legislation takes us down that road. Mr. President, the National Park Service Enhancement Act is a course correction which will help the National Park Service get back on track in preserving and protecting our national heritage and allowing and encouraging opportunities for people to enjoy that heritage. Mr. President, I ask unanimous consent that the text of the bill and a section-by-section analysis appear in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: S. 1144 Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Enhancement Act''. TITLE I--CONCESSION REFORM SEC. 101. FINDINGS In addition to the findings and policy stated in Public Law 89-249 (79 Stat. 969; 16 U.S.C. 20-20G), entitled ``An Act relating to the establishment of concession policies in the areas administered by the National Park Service and for other purposes'' (hereinafter referred to as the ``1965 Act''), the Congress finds that-- (1) provisions of accommodations, facilities, and services to the public in units of the National Park Service by concessioners and commercial use contractors, as defined in section 102(a), will be enhanced by revising the existing policies and procedures for soliciting proposals for concession and commercial use contracts, selecting bidders, and evaluating concession and commercial use operations; (2) such revisions will result in quality accommodations, services and facilities for public use and enjoyment at reasonable rates if there are proper incentives for capital investment in the construction, rehabilitation and maintenance of those facilities and equipment in the national parks which are for the primary use of concessioners operating therein and that such investment should be provided by private funds to the maximum extent practicable; and (3) encouragement of such private capital investment requires that a concessioner be accorded a compensable possessory interest in such facilities and equipment. SEC. 102. AMENDMENTS TO THE 1965 ACT (a) Definitions.--Section 2 of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20a) is renumbered as section 2, with the following new section inserted before it: ``Sec. 2. As used in this Act, ``(a) `bidder' means a person, corporation or other entity who has submitted, or may submit, a proposal, whether or not such bidder is also the concessioner or commercial use contractor, respecting the accommodations, facilities or services which are the subject of such proposal; ``(b) `commercial use contractor' means a person, corporation, or other entity acting under a contract for recurring commercial activities which are generally initiated and terminated outside the park, and are not conducted from permanent facilities within the park: Provided, That permanent facilities do not include cabins, tent platforms or other similar structures possessed by commercial use contractors used in connection with guided or outfitted activities; ``(c) `contract' means a formal, written agreement between the Secretary and the concessioner or commercial use contractor to provide accommodations, facilities, or services at a park; ``(d) `concessioner' means a person, corporation, or other entity operating from permanent facilities within a park and acting under a contract with the Secretary; ``(e) `franchise fee' means the fee required by a contract to be paid to the United States, which may be expressed as, but not required to be, a percentage of gross receipts derived therefrom, and which shall be in addition to fees required to be paid to the United States for the use of federally-owned buildings or facilities; ``(f) `park' means a unit of the National Park System; ``(g) `proposal' means the complete proposal for a contract offered by a bidder in response to the solicitation for such contract issued by the Secretary; ``(h) `prospectus' means a document or documents issued by the Secretary and included with a solicitation setting forth the minimum requirements for the award of a contract; ``(i) `renewal incentive' means a credit of points toward the score awarded by the Secretary to a concessioner or commercial use contractor performing above the satisfactory performance level on such concessioner's commercial use contractor's proposal submitted in response to a solicitation for the renewal of such contract; ``(j) `Secretary' means the Secretary of the Interior, unless otherwise noted; ``(k) `selected bidder' means the bidder selected by the Secretary for the award of a concession or commercial use contract until such bidder becomes the concessioner or commercial use contractor under such contract; ``(l) `solicitation' means a request by the Secretary for proposals in response to a prospectus; and ``(m) `sound value' means the value of any structure, fixture or improvement, determined upon the basis of reconstruction cost [[Page S 12218]] less depreciation evidenced by its condition and prospective serviceability in comparison with a new unit of like kind, but not to exceed fair market value.''. (b) Section 3 of the 1965 Act (P.L. 89-249) (79 Stat. 969); 16 U.S.C. 20a) is further amended by striking ``and corporations (hereinafter referred to as `concessioners')'' and replacing it with ``, corporations and other entities.'' (c) Existing section 3(a) is amended by renumbering it as section 4(a) and by striking ``may'' from the first and second sentences and replacing it with ``shall''. (d) Section 3(b) is renumbered as section 4(b). (e) Rates and Charges to the Public.--Section 3(c) of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20b(c)) is renumbered as section 4(c) and amended to read as follows: ``(c) In general, rates and charges to the public shall be set by the concessioner or commercial use contractor. A concessioner's or commercial use contractor's rates and charges to the public shall be subject to the approval of the Secretary only in those instances where the Secretary determines that sufficient competition for such facilities and services does not exist within or in close proximity to the park in which the concessioner or commercial use contractor operates. In those instances, the contract shall state that the reasonableness of the concessioner's or commercial use contractor's rates and charges to the public shall be reviewed and approved by the Secretary primarily by comparison with those rates and charges for facilities and services of comparable character under similar conditions, with due consideration for length of season, seasonal variations, average percentage of occupancy, accessibility, availability and costs of labor and materials, type of patronage, and other factors deemed significant by the Secretary.''. (f) Method of Determining Franchise Fees.--Section 3(d) of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20b(d)) is renumbered as section 4(d) and amended to read as follows: ``(d) Franchise fees, however stated, shall be fixed at the time of commencement of the contract as stated in the selected proposal. The Secretary shall determine the suggested minimum franchise fee in any prospectus in a manner that will provide the concessioner or commercial use contractor with a reasonable opportunity to realize a profit under the contract taken as a whole, commensurate with the capital invested and the obligations assumed. The Secretary may temporarily or permanently reduce franchise fees under a contract if the Secretary determines that such reduction is equitable under the circumstances.'' (g) New or Additional Services.--Section 4 of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20c) is renumbered as section 5 and amended by striking ``, other than the concessioner holding a preferential rights,'' from the last sentence. (h) Repeal of Existing Renewal Preference.--Section 5 of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20d) is repealed: Provided, That the renewal of contracts entered into before enactment of this title (including the renewal of expired contracts where the concessioner or commercial use contractor has continued to operate under a temporary extension) shall be subject to such section 5 for the first renewal which becomes effective after the date of enactment of this title. (i) Protection of Concessioner's Possessory Interest.-- Section 6 of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20e) is amended by: (1) replacing the fifth sentence with ``Just compensation shall be an amount equal to the sound value of such structure, fixture, or improvement at the time of taking by the United States or expiration of the contract.''; and (2) striking the last sentence and designating the existing text as subjection (a) and by adding the following subsection (b): ``(b) Not less than twelve months before the expiration of any contract which recognizes a possessory interest, if the amount of compensation shall not have previously been agreed between the Secretary and the concessioner, the concessioner shall submit to the Secretary an independent appraisal of the sound value of the structures, fixtures or improvements in which the concessioner has an investment interest. Such appraisal must be performed by an appraiser with significant experience in the appraisal of assets similar to those valued thereunder, and be conducted and dated as of a date not earlier than eighteen months before the expiration of the concession contract or as of the date of taking, if earlier. In determining the fair market value of any such structure, fixture or improvement which is primarily used for the production of income, such appraiser shall employ the income approach to valuation in a manner consistent with the procedures and assumptions then generally employed for similar income-producing assets by appraisers who are members of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers: Provided, That such appraisal shall assume a future franchise fee equal to the average annual franchise fee payable by the concessioner during the term of such concessioner's existing contract. With respect to any structure, fixture or improvement which is not primarily used for the production of income, the fair market value shall be equal to the reconstruction cost of such structure, fixture, or improvement, less depreciation evidenced by its condition and prospective serviceability in comparison with a new unit of like kind. Any structures, fixtures, or improvements acquired or constructed after the date of such appraisal in which the concessioner holds an investment interest shall be deemed to have sound values as of the date of such acquisition or construction equal to the concessioner's original cost. The amount to be paid to the concessioner for the concessioner's investment interest on the date of taking by the United States or at the expiration of the contract shall equal the appraised sound value or the concessioner's original cost for newly-constructed or acquired structures, fixtures or improvements, as applicable, increased by the percentage increase in the Consumer Price Index--All Urban Consumers reported by the United States Department of Labor from the month including the date of such appraisal (or the date of construction or acquisition of structures, fixtures or improvements acquired or constructed after the date of such appraisal) to and including the month prior to the date of taking by the United States or expiration of the contract. If the Secretary disagrees with the appraisal submitted by the concessioner, he may present the concessioner with an independent appraisal performed by an appraiser with significant experience in the appraisal of assets similar to those valued thereunder, dated as of the same date as the concessioner's appraisal and prepared in a manner consistent with the manner of preparation of the concessioner's appraisal, as specified above, not less than three months after receipt of the concessioner's appraisal. If the concessioner and the Secretary are unable to agree on the sound value of the concessioner's possessory interest, the Secretary and the concessioner may agree to direct the Secretary's appraiser and the concessioner's appraiser to choose a third appraiser, who shall recommend either the concessioner's appraisal or the Secretary's appraisal as the more accurate appraisal of such sound value to the Secretary. The concessioner shall pay the cost of the concessioner's appraiser and the United States shall pay the cost of the Secretary's appraiser, if any. If a third appraiser is selected as provided above, the cost of such appraiser shall be shared equally by the concessioner and the United States.''. (j) Technical Amendments.--The 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20) is amended by renumbering existing sections 7 through 9 as sections 11 through 13 accordingly. (k) Competitive Selection Process, Contracts, and Performance Evaluation.--The 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20) is amended by adding a new section 7, 8, 9, and 10 as follows: ``Sec. 7. (a) Except as provided in subsections (b) and (c), and consistent with the provisions of subsection (h), any contract entered in to pursuant to the National Park Service Enhancement Act shall be awarded to the person, corporation or other entity submitting the best proposal as determined by the Secretary, through a competitive selection process. Within 180 days after the date of enactment of the National Park Service Enhancement Act, the Secretary shall promulgate appropriate regulations establishing such process. The regulations shall include provisions for establishing a method or procedure for the resolution of disputes between the Secretary and a concessioner or commercial use contractor in those instances where the Secretary has been unable to meet conditions or requirements or provide such services, if any, as set forth in a prospectus as described below. ``Sec. 7. (b) The provisions in this Act shall be subject to any limitation or special provision contained in the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.). Subject to the provisions of section 1307 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197), a priority shall be given to commercial use contractors operating cruise ships (defined as motor vessels at or over 6,000 gross tonnage [International Convention System], providing overnight accommodations for all passengers, and operating with itineraries of 3 or more days) who provide tours in Glacier Bay national park which originate in Southeast Alaska. ``(c) Notwithstanding the provisions of subsection (a), the Secretary may award on a noncompetitive basis: (1) a temporary contract for a term of not more than two years if the Secretary determines such an award to be necessary in order to avoid interruption of services to the public at a park or (2) a contract which the Secretary estimates will result in annual gross receipts of no more than $2,000,000, if the Secretary determines that continuity and quality of service, administrative savings, or the lack of potential bidders do not require the solicitation of proposals. Prior to making a determination to award a temporary contract, the Secretary shall take all reasonable and appropriate steps to consider alternative actions to avoid interruption of services. ``(d) Prior to making a solicitation for a contract, other than a contract subject to the provisions of subsection (c) of this section, the Secretary shall prepare a prospectus for such solicitation, shall publish a notice of its availability at least once in such local or national newspapers or trade publications as the Secretary determines appropriate, and shall make such prospectus available upon request to all interested parties. The prospectus shall include, but need not be limited to, the following information: the [[Page S 12219]] suggested minimum requirements for such contract, including the minimum suggested fee, which shall provide the selected bidder with a reasonable opportunity to realize a profit on the selected bidder's operation under the contract; the terms and conditions of the existing contract awarded for such park, if any, including all fees and other forms of compensation provided to the United States by the concessioner or commercial use contractor; other authorized facilities or services which may be included in the proposal; facilities and services to be provided by the Secretary to the concessioner or commercial use contractor, if any, including but not limited to, public access, utilities, and buildings; minimum public services to be offered within a park by the Secretary, including but not limited to, interpretive programs, campsites, and visitor centers; and such other information related to the concession operation or commercial use activity available to the Secretary which is not privileged or otherwise exempt from disclosure under Federal law, as the Secretary determines is necessary to allow for the submission of competitive proposals. ``(e) The Secretary may reject any proposal, notwithstanding the amount of fees offered, even if such proposal meets the minimum requirements established by the Secretary, if he determines that the person, corporation, or entity making such proposal is not qualified, or is likely to provide unsatisfactory services, or that the proposal is not sufficiently responsive to the objectives of protecting and preserving park resources and of providing necessary and appropriate facilities or services to the public at reasonable rates. The Secretary may consider a proposal made by a bidder which fails to meet the suggested minimum requirements included in the prospectus, but shall not award a contract to such a bidder if one or more other proposals have met such minimum requirements unless all such other proposals are rejected. If all proposals submitted are rejected by the Secretary, he shall establish new suggested minimum contract requirements and re-initiate the competitive selection process. ``(f) In selecting the best proposal, the Secretary shall consider the following primary factors: the responsiveness of the proposal to the objectives of protecting and preserving park resources, of providing high quality service to the public, and of providing necessary and appropriate accommodations, facilities and services to the public at reasonable rates; the experience and related background of the bidder, including, but not limited to, such bidder's performance and expertise in providing the same or similar accommodations, facilities or services, in each case taking into account the experience and related background of any entities which are affiliated with the bidder; and the financial capability of the bidder submitting the proposal. The Secretary may also consider such secondary factors as the Secretary deems appropriate, including the proposed franchise fee: Provided, That consideration of revenue to the United States shall be subordinate to the primary factors as set forth above. ``(g) The Secretary shall submit any proposal contract with anticipated annual gross receipts in excess of $5,000,000 or a duration in excess of 10 years to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. The Secretary shall not ratify any such proposed contract until at least 60 days subsequent to the submission thereof to both Committees. ``(h) To provide proper incentives for concessioners and commercial use contractors to operate in a manner which exceeds the minimum performance requirements of the contract, each concessioner or commercial use contractor who meets the requirements set forth below shall receive an automatic credit of an additional 10% of the maximum points which are available to be awarded by the Secretary to any proposal which is submitted in response to a solicitation for the renewal of such contract or license. In order to receive this renewal incentive, the concessioner or commercial use contractor must have received a performance rating of ``good'' pursuant to section 9(a) for at least fifty percent of the years of the contract term and must not have received an unsatisfactory rating under such contract during any of the five years prior to the renewal thereof. Concessioners and commercial use contractors operating under temporary contract, license or permit extensions granted by the Secretary after expiration of their original contract, license or permit term at the time of enactment of this section shall retain any renewal incentive described above earned under the original contract. ``(i) Notwithstanding the provisions of subsection (h), the Secretary shall grant a preferential right of renewal to a commercial use contractor for a contract which primarily authorizes a such contractor to provide outfitting, guide, river running, or other similar services within a park, and which the Secretary estimates will have annual gross revenues of no more than $1,000,000: Provided; That the commercial use contractor has received a performance rating of ``good'' pursuant to section 9(a) for at least fifty percent of the years of the contract term and must not have received an unsatisfactory rating under such contract during the any of the five years prior to the renewal thereof. Commercial use contractors operating under temporary contract, license or permit extensions granted by the Secretary after expiration of their original contract, license or permit term at the time of enactment of this section shall retain any preferential right of renewal described above earned under the original contract. ``Sec. 8. (a) A contract entered into subsequent to enactment of the National Park Service Enhancement Act shall be awarded for a term not to exceed 10 years except that the Secretary may award a contract for a longer term, not to exceed 30 years, if the Secretary determines that it is in the public interest. Where a concessioner or commercial use contractor is required to make substantial investments in structures, fixtures, or improvements in the park, the Secretary shall provide for a contract term that is commensurate with such investments. ``(b) No contract may be transferred, assigned, sold, or otherwise conveyed by a concessioner or commercial use contractor without prior written notification to, and approval of, the Secretary, who shall not unreasonably withhold or delay such approval but shall not approve the transfer, assignment, sale, or conveyance of a contract to any individual, corporation or other entity if the Secretary determines that: (1) such individual, corporation or entity is, or is likely to be, unable to completely satisfy all of the requirements, terms, and conditions of the contract or (2) such transfer, assignment, sale, or conveyance is not consistent with the objectives of protecting and preserving park resources, providing high quality service to the public, and of providing necessary and appropriate facilities or services to the public at reasonable rates. If the Secretary decides to approve a transfer, assignment, sale, or other conveyance of a contract with gross receipts for the most recently completed calendar year in excess of $5,000,000, or with a remaining term in excess of 10 years, he shall notify the Committee on Energy and Natural Resources of the United States Senate and Committee of Resources of the House of Representatives of the request, including, but not limited to, the names of the parties involved in the request. The approval by the Secretary shall not take effect until 60 days subsequent to the notification of both Committees. ``(c) A successor concessioner or commercial use contractor to whom a contract has been transferred, assignee, sold or conveyed shall be entitled to the benefit of any ``good'' ratings received by the prior concessioner or commercial use contractor during the term of the contract. ``Sec. 9. (a) Within 180 days after the date of enactment of the National Park Service Enhancement Act, the Secretary shall publish regulations establishing reasonable general standards and criteria for evaluating the performance of a concessioner or commercial use contractor on its overall operation under a contract which shall provide for rating of ``unsatisfactory'', ```satisfactory'', and ``good''. The evaluation regulations shall address both operational performance and contract compliance and shall identify both positive and negative aspects of the operation. The standards and criteria for a good rating shall require a level of performance which clearly exceeds the minimum requirements under the contract but which is reasonably attainable by a competent concessioner of commercial use contractor based upon the nature of such concessioner's or commercial use contractor's operation. Prior to entering into a contract, the Secretary and selected bidder will jointly develop rating criteria and standards for each rating under the contract, consistent with such regulations, against which the concessioner or commercial use contractor will be evaluated annually. ``(b) The Secretary shall annually conduct an evaluation of each concessioner and commercial use contractor or commercial use contractor and shall assign an overall rating for each concessioner or commercial use contractor for each year. The procedure for any performance evaluation shall be provided in advance to each concessioner and commercial use contractor, and each shall be entitled to a complete explanation of any rating given. If the Secretary's performance evaluation for any year results in an unsatisfactory rating of the concessioner or commercial use contractor, the Secretary shall so notify the concessioner or commercial use contractor in writing, and shall provide the concessioner or commercial use contractor with a list of the minimum requirements necessary to receive a rating of satisfactory. The Secretary may terminate a contract if the concessioner or commercial use contractor fails to correct and meet the minimum requirements identified by the Secretary within the limitations established by the Secretary at the time notice of the unsatisfactory rating is provided to the concessioner or commercial use contractor. If the Secretary terminates a contract pursuant to this section, the outgoing concessioner may be required to pay for costs incurred by the Secretary associated with prospectus development and bidder proposal evaluation, as well as the difference between the new contract's franchise fee and that paid by the outgoing concessioner, if the new franchise fee is lower. ``(c) The Secretary shall notify the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives of each unsatisfactory rating and of each contract terminated pursuant to this section. ``Sec. 10. Notwithstanding any other provision of law, each contract awarded by the DepartmentoftheInteriorforconcessioneror [[Page S 12220]] commercial use contractor-provided visitor services performed in whole or in part of a State which is not contiguous with another State and has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor shall include a provision requiring the concessioner or commercial use contractor to employ, for the purpose of performing that portion of the contract in such State this is not contiguous with another State, individuals who are residents of such State and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills.'' SEC. 103. ISSUANCE OF CONTRACTS AND NONRECURRING COMMERCIAL/ NONRECREATIONAL USE PERMITS BY OTHER LAND MANAGEMENT AGENCIES. Within two years of the date of enactment of this title, and to the extent practicable, the Secretary of the Interior and Secretary of Agriculture shall adopt procedures consistent with those established by this title for the National Park Service for issuing contracts and nonrecurring commercial/non-recreational use permits as described herein for substantially similar services and activities taking place on federal lands managed by the United States Forest Service, Bureau of Land Management, and United States Fish and Wildlife Service. TITLE II--NATIONAL PARK FEES SEC. 201. FEES. (a) admission Fees.--Section 4(a) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 4601- 6a(a)), is further amended as follows: (1) By deleting ``fee-free travel areas'' and ``lifetime admission permit'' from the title of this section. (2) In the first sentence of paragraph (1)(a)(I), by striking ``$25'' and inserting ``$50''. (3) By inserting at the end of clause (ii) of paragraph (1)(A) the following: ``Such receipts shall be made available, subject to appropriation, for authorized resource protection, rehabilitation and conservation projects as provided for by subsection (I), including projects to be carried out by the Public Land Corps or any other conservation corps pursuant to the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 and following), or other related programs or authorities, on lands administered by the Secretary of the interior and the Secretary of Agriculture.''. (4) In paragraph (a)(1)(B), by striking ``$15'' and inserting ``$25''. (5) In paragraph (a)(2), by striking the fifth and sixth sentences, and by amending the fourth sentence to read as follows: ``The fee for a single-visit permit at any designated area shall be not more than $6 per person.''. (6) In paragraph (a)(3), by inserting the word ``Great'' in the third sentence before ``Smoky'', and by striking the last sentence. (7) In paragraph (a)(4), by striking the second sentence in its entirety and inserting in lieu thereof, ``Such permit shall be nontransferable, shall be issued for a one-time charge of $10, and shall entitle the permittee to free admission into any area designated pursuant to this subsection.''. (8) In paragraph (a)(4), by amending the third sentence to read as follows: ``No fees of any kind shall be collected from any persons who have a right of access for hunting or fishing privileges under a specific provision of law or treaty or who are engaged in the conduct of official Federal, State, or local government business.''. (9) In paragraph (a)(5), by striking it in its entirety and insert in lieu thereof: ``The Secretary of the Interior and the Secretary of Agriculture shall establish procedures providing for the issuance of a lifetime admission permit to any citizen of, or person legally domiciled in, the United States, if such citizen or person applies for such permit and is permanently disabled. Such procedures shall assure that such permit shall be issued only to persons who have been medically determined to be permanently disabled. Such permit shall be nontransferable, shall be issued without charge, and shall entitle the permittee and one accompanying individual to general admission into any area designated pursuant to this subsection, notwithstanding the method of travel.''. (10) In paragraph (a)(6)(A), by striking the paragraph in its entirety and inserting in lieu thereof: ``No later than 18 months after the enactment date of this sentence, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the House of Representatives a report on the admission fees proposed to be charged at units of the National Park System. The report shall include a list of units of the National Park System and the admission fee proposed to be charged at each unit. The Secretary of the Interior shall also identify areas where such fees are authorized but not collected, including an explanation of the reasons that such fees are not collected.''. (11) By striking paragraph (a)(9) in its entirety and by renumbering current paragraph (10) as ``(9)''. (12) In paragraph (a)(11), by striking all but the last sentence and renumbering it as ``(a)(10)''. (13) By renumbering paragraph (a)(12) as ``(a)(11)''. (b) Recreation Fees.--Section 4(b) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l- 6a(b)), as amended, is further amended as follows: (1) By striking ``fees for Golden Age Passport permittees'' from the title; (2) By striking ``personal collection of the fee by an employee or agent of the Federal agency operating the facility,''; (3) By striking ``Any Golden Age Passport permittee, or'' and insert in lieu thereof ``Any''. (c) Criteria, Posting and Uniformity of Fees.--Section 4(d) of the Land and Water Conservation Fund Act of 1965 (P.L. 88- 578; 16 U.S.C. 460l-6a(d)) is amended by deleting from the first sentence, ``recreation fees charged by non-Federal public agencies,'' and inserting in lieu thereof ``fees charged by other public and private entities,''. (d) Penalty.--Section 4(e) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l- 6a(e)) is amended by deleting ``of not more than $100.'' and inserting in lieu thereof, ``as provided by law.''. (e) Technical Amendments.--Section 4(h) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l-6a(h)), as amended, is further amended-- (1) by striking ``Bureau of Outdoor Recreation'' and inserting in lieu thereof, ``National Park Service'' (2) by striking ``Natural'' in ``Committee on Natural Resources of the House of Representatives''; and (3) by striking ``Bureau'' and inserting in lieu thereof, ``National Park Service''. (f) Time of Reimbursement.--Section 4(k) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l-6a(k)) is amended by striking the last sentence in its entirety. (g) Charges for Transportation Provided by the National Park Service.--Section 4(l)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by striking the word ``viewing'' from the section title and inserting in lieu thereof ``visiting'', and by striking the word ``view'' from the first sentence of subparagraph (1) and inserting ``visit'' in lieu thereof. (h) Commercial Tour Use Fees.--Section 4(n) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l-6a(n)), as amended, is further amended-- (1) by striking the first sentence of subsection (n)(1) and inserting ``In the case of each unit of the National Park System for which an admission fee is charged under this section, the Secretary of the Interior shall establish, by October 1, 1995, a commercial tour use fee in lieu of a per person admission fee to be imposed on each vehicle entering the unit for the purpose of providing commercial tour services within the unit.''. (2) by striking the period at the end of subsection (n)(3) and inserting ``with written notification of such adjustments provided to commercial tour operators twelve months in advance of implementation.''. (i) Fees for Special Uses.--Section 4 of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l- 6a)), as amended, is further amended by adding the following at the end thereof: ``(o) Fees for Commercial/Non-Recreational Uses.--Using the criteria established in section 4(d) (16 U.S.C. 460l-6a(d)), the Secretary of the Interior shall establish reasonable fees for non-recurring commercial or non-recreational uses of National Park System units that require special arrangements, including permits. At a minimum, such fees will cover all costs of providing necessary services associated with such use, except that at the Secretary's discretion, the Secretary may waive or reduce such fees in the case of any organization using an area within the National Park System for activities which further the goals of the National Park Service. Receipts equal to the cost of providing the necessary services associated with such use may be retained at the park unit in which the use takes place, and remain available to cover such costs.''. (j) Conforming Amendments.--The following Public Laws shall be amended as described below-- (1) Section 3 of Public Law 70-805 (45 Stat. 1300), as amended, is further amended by striking the last sentence; (2) Section 5(e) of Public Law 87-657 (76 Stat. 540; 16 U.S.C. 459c-5), as amended, is hereby repealed; (3) Section 3(b) of Public Law 87-750 (76 Stat. 747; 16 U.S.C. 398e(b)) is hereby repealed; (4) Section 4(e) of Public Law 92-589 (86 Stat. 1299; 16 U.S.C. 460bb-3), as amended, is further amended by striking the first sentence; (5) Section 6(j) of Public Law 95-348 (92 Stat. 487) is hereby repealed; (6) Section 207 of Public Law 96-199 (94 Stat. 77) is hereby repealed; (7) Section 106 of Public Law 96-287 (94 Stat. 600) is amended by striking the last sentence; (8) Section 5 of Public Law 96-428 (94 Stat. 1843) is hereby repealed; (9) Section 204 of Public Law 96-287 (94 Stat. 601) is amended by striking the last sentence; and (10) Public Law 100-55 (101 Stat. 371) is hereby repealed. SEC. 202. CHALLENGE COST-SHARE AGREEMENTS. The Secretary of the Interior is authorized to negotiate and enter into challenge cost-share agreements with any Stat or local government, public or private agency, organization, institution, corporation, individual, or other entity for the purpose of sharing costs or services in carrying out any authorized [[Page S 12221]] functions and responsibilities of the Secretary with respect to any unit of the National Park System (as defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a)), any affiliated area, or designated National Scenic or Historic Trail. SEC. 203. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES. Public Law 101-337 is amended as follows: (1) In section 1 (16 U.S.C. 19jj), by amending subsection (d) to read as follows: ``(d) `Park system resource' means any living or nonliving resource that is located within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.''. (2) In section 1 (16 U.S.C. 19jj), by adding at the end thereof the following: ``(g) `Marine or aquatic park system resource' means any living or non-living resource that is located within or is a living part of a marine or aquatic regimen within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.'. (3) In section 2(b) (16 U.S.C. 19jj-1(b)), by striking ``any park'' and inserting in lieu thereof ``any marine or aquatic park''. TITLE III--SKI AREA PERMITS ON NATIONAL FOREST SYSTEM LANDS SEC. 301. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Although ski areas occupy less than one-twentieth of one percent of National Forest System lands nationwide, in many rural areas of the United States, ski areas and investments by ski area permittees on National Forest System lands form the backbone of the local economy and a preponderance of the employment base. (2) Ski area operations and their attendant communities provide revenues to the United States in the form of permit fees, income taxes, and other revenues which are extremely significant in proportion to the limited Federal acreage and Forest Service administration and contractual obligations required to support such operations. (3) In addition to alpine skiing, many ski area permittees provide multiseason facilities and enhanced access to National Forest System lands, that result in greater public use and enjoyment of such lands than would otherwise occur; (4) Unlike many other private sector users of Federal Lands, ski areas in almost all cases assume the risk to finance, construct, maintain, and market all recreational facilities and improvements on such lands. (5) Many ski areas on National Forest System lands operate in an extremely competitive environment with similar facilities located on private or State lands, which requires ski area permittees to maintain a high level of capital investment to upgrade existing facilities and install new facilities (such as lifts, trails, snowmaking and trail grooming equipment, restaurants, and day care centers) to serve the public. (6) Despite an outward appearance of economic well-being resulting from an intensive capital infrastructure, many ski area operations are marginally profitable due to the competition and capital investments referred to in paragraph (5), weather conditions, insurance premiums, the national economy, and other factors beyond the control of the ski area permittee. (7) Because of the contributions of ski areas to the economies of the United States and the rural communities in which they are located, and the enhanced use and enjoyment of National Forest System lands resulting from ski areas, it is in the national interest for the United States, where consistent with national forest management objectives, to take actions to promote the long-term economic health and stability of ski areas and associated communities. (8) The National Forest Ski Area Permit Act of 1986 (U.S.C. 497b) has been of assistance to ski area operations on National Forest System lands by providing longer term lease tenure and contractual stability to ski area permittees, but further adjustments and policy direction and warranted to address problems related to permit fees and fee calculations and conflicts with certain mineral activities. (b) Purpose.--In light of the findings of subsection (a), it is the purpose of this title-- (1) To legislate a ski area permit fee that returns fair market value to the United States and at the same time-- (A) provides ski area permittees and the United States with a simplified, consistent, predictable, and equitable fee formula that is commensurate with long-term planning, financing, and operational needs of ski areas; and (B) simplifies bookkeeping and other administrative burdens on ski area permittees and Forest Service personnel; and (2) to prevent future conflicts between ski area operations and mining and mineral leasing programs by withdrawing lands within ski area permit boundaries from the operation of mining and mineral leasing laws. SEC. 302. SKI AREA PERMIT FEES AND WITHDRAWAL OF SKI AREAS FROM OPERATION OF MINING LAWS. The National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) is amended by adding at the end the following new sections: ``SEC. 4. SKI AREA PERMIT FEES. ``(a) Ski Area Permit Fee.--After the date of enactment of this section, the fee for all ski area permits on National Forest System lands shall be calculated, charged, and paid only as set forth in subsection (b) in order to-- ``(1) return fair market value to the United States and provide ski area permittees and the United States with a simplified, consistent, predictable, and equitable permit fee; ``(2) simplify administrative, bookkeeping, and other requirements currently imposed on the Secretary of Agriculture and ski area permittees on national forest lands; and ``(3) save costs associated with the calculation of ski area permit fees. ``(b) Method of Calculation.-- ``(1) Determination of adjusted gross revenue subject to fee.--The Secretary of Agriculture shall calculate the ski area permit fee (SAPF) to be charged a ski area permittee by first determining the permittee's adjusted gross revenue (AGR) to be subject to the permit fee. The permittee's adjusted gross revenue (AGR) is equal to the sum of the following: ``(A) The permittee's adjusted gross revenues from alpine lift ticket and alpine season pass sales plus revenue from alpine ski school operations (LTA+SSA), with such total multiplied by the permittee's slope transport feet percentage (STFP) on National Forest System lands. ``(B) The permittee's adjusted gross revenues from Nordic ski use pass sales and Nordic ski school operations (LTN+SSN), with such total multiplied by

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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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[Pages S12215-S12290] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. MURKOWSKI: S. 1144. A bill to reform and enhance the management of the National Park System, and for other purposes; to the Committee on Energy and Natural Resources. the national park service enhancement act Mr. MURKOWSKI. Mr. President, I rise today to introduce the National Park Service Enhancement Act. This legislation, when enacted, will revamp the National Park Concession Policy Act by creating a true and equal private/public partnership while offering more competition, less regulation, consistent inter- and intra-agency policies and at the same time increase returns to the Federal Government. This legislation also addresses fee increases to our national parks, needed improvements to land management employee housing, and the establishment of strict criteria by which areas are considered for national park status. Finally, the bill sets forth a simplified and cost-saving mechanism by which the Federal Government determines the fee schedules for ski operators who use portions of lands under the jurisdiction of the National Forest System. The 1916 Organic Act creating the National Park Service gave the agency a dual mission--to care for the Nation's parks in such a way as to preserve the resources for future generations while at the same time providing for public use and enjoyment of the same resources. I must say, Mr. President, that after hearing the General Accounting Office report on the current state of the National Park System, the Service needs major assistance in meeting their legislative mandate and they need to improve their accountability as well. I offer the National Park Service Enhancement Act as a way to help the National Park Service to: First, reap the benefits of viable partnerships with the private [[Page S 12216]] sector; second, become more user-friendly; and third, begin the long road back to being the flagship conservation system that was once the envy of the world. Mr. President, on March 7 of this year, the General Accounting Office testified at a hearing before the Subcommittee on Parks, Historic Preservation and Recreation that the National Park System is in failing health. The addition of numerous new areas to the System, increased visitation, and unfunded mandates have stretched the financial resources of the Service so far that basic visitor services are being cut, infrastructure maintenance is deferred, and accountability is sorely lacking. In addition, the National Park Service has other problems it cannot solve under existing law. Many park employees live in Government housing that most of us, even those with Spartan tastes, would find unacceptable as decent living quarters. Yet these employees are afraid that if their housing is brought up to standard, their rent will go beyond the range of their ability to pay. Private companies acting as partners with the National Park Service and other land management agencies to provide needed accommodations, facilities and services to park visitors are subject to ridiculous regulation and redtape under existing laws. With this legislation, I propose to correct this problem. Simply put, if we can't afford to take care of the caretakers, how can we hope to take care of the resources under their charge? The current park admission and special use fee systems need revamping so that fees are fair for all types of visitors, whether they bring their own car into the parks or arrive by commercial bus. Mr. President, I would like to give a brief outline of provisions of the National Park Service Enhancement Act, which I believe will solve the problems I just described. Title I of the bill reforms National Park Service concessions policy. It provides clear definitions of concessioners and commercial use contractors and establishes similar procedures for awarding and managing contracts with both types of businesses. An example of how ridiculous the existing system is comes from my home State of Alaska. At Glacier Bay National Park, commercial cruise ships that come into the bay between June and August operate under 100-page concession contracts; the rest of the year they operate under 2-page commercial use licenses. Two sets of paperwork for one kind of service. The problem is further exacerbated from region to region and from park to park. There is no consistency for the issuance of a simple permit. This legislation, when enacted, provides uniformity and user-friendly systems. In addition, this title will relieve the National Park Service of having to approve a concessioner's rates and charges for every single sales item and service where nearby competition will allow market forces to set a reasonable price. This alone should free National Park Service concessions specialists from spending weeks deciding what a hot dog should cost at Padre Island National Seashore, only to reach a determination that there is no hot dog to compare it to. My bill, when enacted, will correct this sort of overregulation. Other key provisions in title I include possessory interest, probably the most controversial aspect of concessions reform. Other legislation introduced would do away with possessory interest. As a former banker, I have to wonder what financial institution is going to loan funds to a business for real estate improvements which are not expected to hold their value? What sense does it make to amortize possessory interest so that all assets constructed or improved by concessioners would eventually be owned by the Government? The National Park Service, by its own admission, has billions of dollars in infrastructure maintenance backlog. Why would we want to add to the backlog when everyone on this floor knows the National Park Service cannot afford to maintain what it already has? On the issue of competition, discussion has focused on the current preferential right of renewal. I feel very strongly that it is in the best interest of both the National Park Service and the visiting public to maintain continuity where existing concessioners have a track record of good service. My bill creates incentive for high quality service by awarding good concessioners with a credit of extra points to apply toward the total points that the Secretary may award proposals submitted by bidders. There is no reason to have turnover for the sake of turnover--continuation of high quality service only makes sense, and it is good business. The combination of provisions in title I of this bill should result in higher franchise fees offered by bidders because they know that their investment in improvements will not be depreciated to zero for non-tax purposes, and that they will have incentive to provide superior services to the public. Commercial use contractors will be less subject to inconsistent application of Park Service policy and enjoy the benefits of a binding contract, just as concessioners do. These provisions add up to good business sense for the private sector, the public, and the National Park Service. Ultimately, they will add up to good sense for the U.S. Forest Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service as they are directed to adopt consistent regulations for substantially similar commercial and non-recreational uses on lands within their jurisdiction. Title II amends the Land and Water Conservation Fund Act sections relating to admission, recreation, and special use fees. It is only realistic that actual park users shoulder more responsibility for maintaining the national parks and visitor services provided in the parks than those who are not users. This bill raises fees to a reasonable level for the Golden Eagle Passport, the annual park pass, and establishes a uniform per-visit fee at parks that charge admission fees. Commercial tour use fees will be set solely according to vehicle capacity, without the addition of a per person charge. This flat fee rate relieves the ranger at the gate to Yosemite National Park from holding up a commercial motor coach for 15 minutes in order to see which riders have Golden Age, Access or Eagle Passports exempting them from additional entrance fees. Multipassenger commerical vehicles will no longer be penalized for what should be recognized as an environmentally sound practice--providing a national park experience to many people at one time while using only a single vehicle. The results are less pollution and less congestion in our busier parks. Reforming National Park Service fee programs will not make the agency self-supporting. That is not the intent of my legislation. However, current admission fees are below what anyone would reasonably expect. Fees should be more uniformly applied across the System and should contribute to offset diminished appropriations. To that end this bill removes many of the prohibitions on collecting admission fees at certain types of National Park System units. If we are to restore the System, everyone must contribute. Exceptions must be extremely limited or eliminated. What is fair is fair for everyone. Title III of the National Park Service Enhancement Act relates to ski area permits on national forest lands. It would establish a ski area permit fee that returns fair value to the United States. The fee formula outlined in the bill is simple, equitable and consistent, and will simplify the administrative burdens on both the ski area permittees and the Forest Service personnel who administer the permits. Title IV will make it much more difficult to add units to the National Park System without careful consideration. The National Park System should be a collection of the finest and most fitting examples of our national heritage, maintained accordingly. Dilution of the System by less than suitable sites threatens to bring the National Park System down to the lowest common denominator. The National Park Service will develop a comprehensive plan to guide the direction of the National Park System into the next century. The plan will include clarification of the Park Service role and mission in preserving our national heritage in concert with other such efforts by Federal, State, and local entities. New criteria for inclusion of areas in the System will be [[Page S 12217]] developed. Topics and themes not represented in the System will be identified and a priority list for representation developed. I mentioned the need for housing reform earlier. Title V of the bill will give the Secretaries of Interior and Agriculture greater authority to provide housing for their employees, both within and outside of national park boundaries. For employees at Dry Tortugas National Park, who live for 8 days at a time on a tiny island, the bill will enable the National Park Service to rent housing on the Florida mainland for them to use when they come off the island for their days off. In the past, rangers and other employees were forced to rent motel rooms at tourist season rates or sleep in their cars just to be able to wash their clothes and buy groceries before going back out to their remote duty stations. Agencies will be able to work with the private sector to construct, develop, rehabilitate, manage, and lease housing for their employees. This proposal has the potential to remove huge financial and administrative burdens from those agencies. In addition, employees will be assured that their rent, as paid to their Government landlords, will not be more than a reasonable percentage of their pay. Title VI establishes a system for disposition of receipts collected by the National Park Service as admission, recreation, special use, and franchise fees. As allowed now, parks collecting admission and recreation fees may retain amounts equal to their direct costs of collecting such fees to cover those costs. Receipts equal to those currently going into the general Treasury will continue to be deposited there, as well as half the additional receipts. The other 50 percent of additional receipts will go into a newly established National Park Service account in the Treasury, known as the park improvement fund. Moneys in the park improvement fund will go back to the national parks to take care of operational and project needs. Seventy-five percent of fund receipts collected at a specific park as part of a particular fee program will go back to that park. The remaining 25 percent will be distributed among other parks that may not collect that type of fee. To ensure accountability, parks must submit requests for spending their returned funds for approval by the Secretary of the Interior, who in turn forwards them to Congress for review. The final title of the bill renews the recently expired authority for the National Park System Advisory Board and charges it with conducting two important studies. Within a year of enactment of this legislation, the advisory board, working in consultation with the National Park Service, must review most units of the National Park System to determine whether greater or equal resource protection and visitor use could be achieved through alternative management of those areas. Additionally, as part of this study, the advisory board will use the organic legislation of the National Park Service and of its units to develop criteria to guide the Congress and the Secretary of Interior in establishing and supporting new additions to the National Park System. The second task of the advisory board is to review existing visitor services at each unit of the National Park System for adequacy and to identify specific park needs for new or additional services. Mr. President, I offer this legislation as a way to help the National Park Service, other land management agencies, and even Congress to do the right thing. The National Park System is strained to the breaking point by poorly conceived additions. We must reexamine the definition of a worthy unit and ensure that any additions to the System meet the new definition. We must assist the National Park Service and other agencies in establishing businesslike, and mutually beneficial relationships with partners in the private sector, including park concessioners and others who provide needed commerical services on public lands. Often these agencies operate with a rather one-sided view of what partnership means. A partnership is a two-way street--this legislation takes us down that road. Mr. President, the National Park Service Enhancement Act is a course correction which will help the National Park Service get back on track in preserving and protecting our national heritage and allowing and encouraging opportunities for people to enjoy that heritage. Mr. President, I ask unanimous consent that the text of the bill and a section-by-section analysis appear in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: S. 1144 Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Enhancement Act''. TITLE I--CONCESSION REFORM SEC. 101. FINDINGS In addition to the findings and policy stated in Public Law 89-249 (79 Stat. 969; 16 U.S.C. 20-20G), entitled ``An Act relating to the establishment of concession policies in the areas administered by the National Park Service and for other purposes'' (hereinafter referred to as the ``1965 Act''), the Congress finds that-- (1) provisions of accommodations, facilities, and services to the public in units of the National Park Service by concessioners and commercial use contractors, as defined in section 102(a), will be enhanced by revising the existing policies and procedures for soliciting proposals for concession and commercial use contracts, selecting bidders, and evaluating concession and commercial use operations; (2) such revisions will result in quality accommodations, services and facilities for public use and enjoyment at reasonable rates if there are proper incentives for capital investment in the construction, rehabilitation and maintenance of those facilities and equipment in the national parks which are for the primary use of concessioners operating therein and that such investment should be provided by private funds to the maximum extent practicable; and (3) encouragement of such private capital investment requires that a concessioner be accorded a compensable possessory interest in such facilities and equipment. SEC. 102. AMENDMENTS TO THE 1965 ACT (a) Definitions.--Section 2 of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20a) is renumbered as section 2, with the following new section inserted before it: ``Sec. 2. As used in this Act, ``(a) `bidder' means a person, corporation or other entity who has submitted, or may submit, a proposal, whether or not such bidder is also the concessioner or commercial use contractor, respecting the accommodations, facilities or services which are the subject of such proposal; ``(b) `commercial use contractor' means a person, corporation, or other entity acting under a contract for recurring commercial activities which are generally initiated and terminated outside the park, and are not conducted from permanent facilities within the park: Provided, That permanent facilities do not include cabins, tent platforms or other similar structures possessed by commercial use contractors used in connection with guided or outfitted activities; ``(c) `contract' means a formal, written agreement between the Secretary and the concessioner or commercial use contractor to provide accommodations, facilities, or services at a park; ``(d) `concessioner' means a person, corporation, or other entity operating from permanent facilities within a park and acting under a contract with the Secretary; ``(e) `franchise fee' means the fee required by a contract to be paid to the United States, which may be expressed as, but not required to be, a percentage of gross receipts derived therefrom, and which shall be in addition to fees required to be paid to the United States for the use of federally-owned buildings or facilities; ``(f) `park' means a unit of the National Park System; ``(g) `proposal' means the complete proposal for a contract offered by a bidder in response to the solicitation for such contract issued by the Secretary; ``(h) `prospectus' means a document or documents issued by the Secretary and included with a solicitation setting forth the minimum requirements for the award of a contract; ``(i) `renewal incentive' means a credit of points toward the score awarded by the Secretary to a concessioner or commercial use contractor performing above the satisfactory performance level on such concessioner's commercial use contractor's proposal submitted in response to a solicitation for the renewal of such contract; ``(j) `Secretary' means the Secretary of the Interior, unless otherwise noted; ``(k) `selected bidder' means the bidder selected by the Secretary for the award of a concession or commercial use contract until such bidder becomes the concessioner or commercial use contractor under such contract; ``(l) `solicitation' means a request by the Secretary for proposals in response to a prospectus; and ``(m) `sound value' means the value of any structure, fixture or improvement, determined upon the basis of reconstruction cost [[Page S 12218]] less depreciation evidenced by its condition and prospective serviceability in comparison with a new unit of like kind, but not to exceed fair market value.''. (b) Section 3 of the 1965 Act (P.L. 89-249) (79 Stat. 969); 16 U.S.C. 20a) is further amended by striking ``and corporations (hereinafter referred to as `concessioners')'' and replacing it with ``, corporations and other entities.'' (c) Existing section 3(a) is amended by renumbering it as section 4(a) and by striking ``may'' from the first and second sentences and replacing it with ``shall''. (d) Section 3(b) is renumbered as section 4(b). (e) Rates and Charges to the Public.--Section 3(c) of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20b(c)) is renumbered as section 4(c) and amended to read as follows: ``(c) In general, rates and charges to the public shall be set by the concessioner or commercial use contractor. A concessioner's or commercial use contractor's rates and charges to the public shall be subject to the approval of the Secretary only in those instances where the Secretary determines that sufficient competition for such facilities and services does not exist within or in close proximity to the park in which the concessioner or commercial use contractor operates. In those instances, the contract shall state that the reasonableness of the concessioner's or commercial use contractor's rates and charges to the public shall be reviewed and approved by the Secretary primarily by comparison with those rates and charges for facilities and services of comparable character under similar conditions, with due consideration for length of season, seasonal variations, average percentage of occupancy, accessibility, availability and costs of labor and materials, type of patronage, and other factors deemed significant by the Secretary.''. (f) Method of Determining Franchise Fees.--Section 3(d) of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20b(d)) is renumbered as section 4(d) and amended to read as follows: ``(d) Franchise fees, however stated, shall be fixed at the time of commencement of the contract as stated in the selected proposal. The Secretary shall determine the suggested minimum franchise fee in any prospectus in a manner that will provide the concessioner or commercial use contractor with a reasonable opportunity to realize a profit under the contract taken as a whole, commensurate with the capital invested and the obligations assumed. The Secretary may temporarily or permanently reduce franchise fees under a contract if the Secretary determines that such reduction is equitable under the circumstances.'' (g) New or Additional Services.--Section 4 of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20c) is renumbered as section 5 and amended by striking ``, other than the concessioner holding a preferential rights,'' from the last sentence. (h) Repeal of Existing Renewal Preference.--Section 5 of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20d) is repealed: Provided, That the renewal of contracts entered into before enactment of this title (including the renewal of expired contracts where the concessioner or commercial use contractor has continued to operate under a temporary extension) shall be subject to such section 5 for the first renewal which becomes effective after the date of enactment of this title. (i) Protection of Concessioner's Possessory Interest.-- Section 6 of the 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20e) is amended by: (1) replacing the fifth sentence with ``Just compensation shall be an amount equal to the sound value of such structure, fixture, or improvement at the time of taking by the United States or expiration of the contract.''; and (2) striking the last sentence and designating the existing text as subjection (a) and by adding the following subsection (b): ``(b) Not less than twelve months before the expiration of any contract which recognizes a possessory interest, if the amount of compensation shall not have previously been agreed between the Secretary and the concessioner, the concessioner shall submit to the Secretary an independent appraisal of the sound value of the structures, fixtures or improvements in which the concessioner has an investment interest. Such appraisal must be performed by an appraiser with significant experience in the appraisal of assets similar to those valued thereunder, and be conducted and dated as of a date not earlier than eighteen months before the expiration of the concession contract or as of the date of taking, if earlier. In determining the fair market value of any such structure, fixture or improvement which is primarily used for the production of income, such appraiser shall employ the income approach to valuation in a manner consistent with the procedures and assumptions then generally employed for similar income-producing assets by appraisers who are members of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers: Provided, That such appraisal shall assume a future franchise fee equal to the average annual franchise fee payable by the concessioner during the term of such concessioner's existing contract. With respect to any structure, fixture or improvement which is not primarily used for the production of income, the fair market value shall be equal to the reconstruction cost of such structure, fixture, or improvement, less depreciation evidenced by its condition and prospective serviceability in comparison with a new unit of like kind. Any structures, fixtures, or improvements acquired or constructed after the date of such appraisal in which the concessioner holds an investment interest shall be deemed to have sound values as of the date of such acquisition or construction equal to the concessioner's original cost. The amount to be paid to the concessioner for the concessioner's investment interest on the date of taking by the United States or at the expiration of the contract shall equal the appraised sound value or the concessioner's original cost for newly-constructed or acquired structures, fixtures or improvements, as applicable, increased by the percentage increase in the Consumer Price Index--All Urban Consumers reported by the United States Department of Labor from the month including the date of such appraisal (or the date of construction or acquisition of structures, fixtures or improvements acquired or constructed after the date of such appraisal) to and including the month prior to the date of taking by the United States or expiration of the contract. If the Secretary disagrees with the appraisal submitted by the concessioner, he may present the concessioner with an independent appraisal performed by an appraiser with significant experience in the appraisal of assets similar to those valued thereunder, dated as of the same date as the concessioner's appraisal and prepared in a manner consistent with the manner of preparation of the concessioner's appraisal, as specified above, not less than three months after receipt of the concessioner's appraisal. If the concessioner and the Secretary are unable to agree on the sound value of the concessioner's possessory interest, the Secretary and the concessioner may agree to direct the Secretary's appraiser and the concessioner's appraiser to choose a third appraiser, who shall recommend either the concessioner's appraisal or the Secretary's appraisal as the more accurate appraisal of such sound value to the Secretary. The concessioner shall pay the cost of the concessioner's appraiser and the United States shall pay the cost of the Secretary's appraiser, if any. If a third appraiser is selected as provided above, the cost of such appraiser shall be shared equally by the concessioner and the United States.''. (j) Technical Amendments.--The 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20) is amended by renumbering existing sections 7 through 9 as sections 11 through 13 accordingly. (k) Competitive Selection Process, Contracts, and Performance Evaluation.--The 1965 Act (P.L. 89-249 (79 Stat. 969); 16 U.S.C. 20) is amended by adding a new section 7, 8, 9, and 10 as follows: ``Sec. 7. (a) Except as provided in subsections (b) and (c), and consistent with the provisions of subsection (h), any contract entered in to pursuant to the National Park Service Enhancement Act shall be awarded to the person, corporation or other entity submitting the best proposal as determined by the Secretary, through a competitive selection process. Within 180 days after the date of enactment of the National Park Service Enhancement Act, the Secretary shall promulgate appropriate regulations establishing such process. The regulations shall include provisions for establishing a method or procedure for the resolution of disputes between the Secretary and a concessioner or commercial use contractor in those instances where the Secretary has been unable to meet conditions or requirements or provide such services, if any, as set forth in a prospectus as described below. ``Sec. 7. (b) The provisions in this Act shall be subject to any limitation or special provision contained in the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.). Subject to the provisions of section 1307 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3197), a priority shall be given to commercial use contractors operating cruise ships (defined as motor vessels at or over 6,000 gross tonnage [International Convention System], providing overnight accommodations for all passengers, and operating with itineraries of 3 or more days) who provide tours in Glacier Bay national park which originate in Southeast Alaska. ``(c) Notwithstanding the provisions of subsection (a), the Secretary may award on a noncompetitive basis: (1) a temporary contract for a term of not more than two years if the Secretary determines such an award to be necessary in order to avoid interruption of services to the public at a park or (2) a contract which the Secretary estimates will result in annual gross receipts of no more than $2,000,000, if the Secretary determines that continuity and quality of service, administrative savings, or the lack of potential bidders do not require the solicitation of proposals. Prior to making a determination to award a temporary contract, the Secretary shall take all reasonable and appropriate steps to consider alternative actions to avoid interruption of services. ``(d) Prior to making a solicitation for a contract, other than a contract subject to the provisions of subsection (c) of this section, the Secretary shall prepare a prospectus for such solicitation, shall publish a notice of its availability at least once in such local or national newspapers or trade publications as the Secretary determines appropriate, and shall make such prospectus available upon request to all interested parties. The prospectus shall include, but need not be limited to, the following information: the [[Page S 12219]] suggested minimum requirements for such contract, including the minimum suggested fee, which shall provide the selected bidder with a reasonable opportunity to realize a profit on the selected bidder's operation under the contract; the terms and conditions of the existing contract awarded for such park, if any, including all fees and other forms of compensation provided to the United States by the concessioner or commercial use contractor; other authorized facilities or services which may be included in the proposal; facilities and services to be provided by the Secretary to the concessioner or commercial use contractor, if any, including but not limited to, public access, utilities, and buildings; minimum public services to be offered within a park by the Secretary, including but not limited to, interpretive programs, campsites, and visitor centers; and such other information related to the concession operation or commercial use activity available to the Secretary which is not privileged or otherwise exempt from disclosure under Federal law, as the Secretary determines is necessary to allow for the submission of competitive proposals. ``(e) The Secretary may reject any proposal, notwithstanding the amount of fees offered, even if such proposal meets the minimum requirements established by the Secretary, if he determines that the person, corporation, or entity making such proposal is not qualified, or is likely to provide unsatisfactory services, or that the proposal is not sufficiently responsive to the objectives of protecting and preserving park resources and of providing necessary and appropriate facilities or services to the public at reasonable rates. The Secretary may consider a proposal made by a bidder which fails to meet the suggested minimum requirements included in the prospectus, but shall not award a contract to such a bidder if one or more other proposals have met such minimum requirements unless all such other proposals are rejected. If all proposals submitted are rejected by the Secretary, he shall establish new suggested minimum contract requirements and re-initiate the competitive selection process. ``(f) In selecting the best proposal, the Secretary shall consider the following primary factors: the responsiveness of the proposal to the objectives of protecting and preserving park resources, of providing high quality service to the public, and of providing necessary and appropriate accommodations, facilities and services to the public at reasonable rates; the experience and related background of the bidder, including, but not limited to, such bidder's performance and expertise in providing the same or similar accommodations, facilities or services, in each case taking into account the experience and related background of any entities which are affiliated with the bidder; and the financial capability of the bidder submitting the proposal. The Secretary may also consider such secondary factors as the Secretary deems appropriate, including the proposed franchise fee: Provided, That consideration of revenue to the United States shall be subordinate to the primary factors as set forth above. ``(g) The Secretary shall submit any proposal contract with anticipated annual gross receipts in excess of $5,000,000 or a duration in excess of 10 years to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. The Secretary shall not ratify any such proposed contract until at least 60 days subsequent to the submission thereof to both Committees. ``(h) To provide proper incentives for concessioners and commercial use contractors to operate in a manner which exceeds the minimum performance requirements of the contract, each concessioner or commercial use contractor who meets the requirements set forth below shall receive an automatic credit of an additional 10% of the maximum points which are available to be awarded by the Secretary to any proposal which is submitted in response to a solicitation for the renewal of such contract or license. In order to receive this renewal incentive, the concessioner or commercial use contractor must have received a performance rating of ``good'' pursuant to section 9(a) for at least fifty percent of the years of the contract term and must not have received an unsatisfactory rating under such contract during any of the five years prior to the renewal thereof. Concessioners and commercial use contractors operating under temporary contract, license or permit extensions granted by the Secretary after expiration of their original contract, license or permit term at the time of enactment of this section shall retain any renewal incentive described above earned under the original contract. ``(i) Notwithstanding the provisions of subsection (h), the Secretary shall grant a preferential right of renewal to a commercial use contractor for a contract which primarily authorizes a such contractor to provide outfitting, guide, river running, or other similar services within a park, and which the Secretary estimates will have annual gross revenues of no more than $1,000,000: Provided; That the commercial use contractor has received a performance rating of ``good'' pursuant to section 9(a) for at least fifty percent of the years of the contract term and must not have received an unsatisfactory rating under such contract during the any of the five years prior to the renewal thereof. Commercial use contractors operating under temporary contract, license or permit extensions granted by the Secretary after expiration of their original contract, license or permit term at the time of enactment of this section shall retain any preferential right of renewal described above earned under the original contract. ``Sec. 8. (a) A contract entered into subsequent to enactment of the National Park Service Enhancement Act shall be awarded for a term not to exceed 10 years except that the Secretary may award a contract for a longer term, not to exceed 30 years, if the Secretary determines that it is in the public interest. Where a concessioner or commercial use contractor is required to make substantial investments in structures, fixtures, or improvements in the park, the Secretary shall provide for a contract term that is commensurate with such investments. ``(b) No contract may be transferred, assigned, sold, or otherwise conveyed by a concessioner or commercial use contractor without prior written notification to, and approval of, the Secretary, who shall not unreasonably withhold or delay such approval but shall not approve the transfer, assignment, sale, or conveyance of a contract to any individual, corporation or other entity if the Secretary determines that: (1) such individual, corporation or entity is, or is likely to be, unable to completely satisfy all of the requirements, terms, and conditions of the contract or (2) such transfer, assignment, sale, or conveyance is not consistent with the objectives of protecting and preserving park resources, providing high quality service to the public, and of providing necessary and appropriate facilities or services to the public at reasonable rates. If the Secretary decides to approve a transfer, assignment, sale, or other conveyance of a contract with gross receipts for the most recently completed calendar year in excess of $5,000,000, or with a remaining term in excess of 10 years, he shall notify the Committee on Energy and Natural Resources of the United States Senate and Committee of Resources of the House of Representatives of the request, including, but not limited to, the names of the parties involved in the request. The approval by the Secretary shall not take effect until 60 days subsequent to the notification of both Committees. ``(c) A successor concessioner or commercial use contractor to whom a contract has been transferred, assignee, sold or conveyed shall be entitled to the benefit of any ``good'' ratings received by the prior concessioner or commercial use contractor during the term of the contract. ``Sec. 9. (a) Within 180 days after the date of enactment of the National Park Service Enhancement Act, the Secretary shall publish regulations establishing reasonable general standards and criteria for evaluating the performance of a concessioner or commercial use contractor on its overall operation under a contract which shall provide for rating of ``unsatisfactory'', ```satisfactory'', and ``good''. The evaluation regulations shall address both operational performance and contract compliance and shall identify both positive and negative aspects of the operation. The standards and criteria for a good rating shall require a level of performance which clearly exceeds the minimum requirements under the contract but which is reasonably attainable by a competent concessioner of commercial use contractor based upon the nature of such concessioner's or commercial use contractor's operation. Prior to entering into a contract, the Secretary and selected bidder will jointly develop rating criteria and standards for each rating under the contract, consistent with such regulations, against which the concessioner or commercial use contractor will be evaluated annually. ``(b) The Secretary shall annually conduct an evaluation of each concessioner and commercial use contractor or commercial use contractor and shall assign an overall rating for each concessioner or commercial use contractor for each year. The procedure for any performance evaluation shall be provided in advance to each concessioner and commercial use contractor, and each shall be entitled to a complete explanation of any rating given. If the Secretary's performance evaluation for any year results in an unsatisfactory rating of the concessioner or commercial use contractor, the Secretary shall so notify the concessioner or commercial use contractor in writing, and shall provide the concessioner or commercial use contractor with a list of the minimum requirements necessary to receive a rating of satisfactory. The Secretary may terminate a contract if the concessioner or commercial use contractor fails to correct and meet the minimum requirements identified by the Secretary within the limitations established by the Secretary at the time notice of the unsatisfactory rating is provided to the concessioner or commercial use contractor. If the Secretary terminates a contract pursuant to this section, the outgoing concessioner may be required to pay for costs incurred by the Secretary associated with prospectus development and bidder proposal evaluation, as well as the difference between the new contract's franchise fee and that paid by the outgoing concessioner, if the new franchise fee is lower. ``(c) The Secretary shall notify the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives of each unsatisfactory rating and of each contract terminated pursuant to this section. ``Sec. 10. Notwithstanding any other provision of law, each contract awarded by the DepartmentoftheInteriorforconcessioneror [[Page S 12220]] commercial use contractor-provided visitor services performed in whole or in part of a State which is not contiguous with another State and has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor shall include a provision requiring the concessioner or commercial use contractor to employ, for the purpose of performing that portion of the contract in such State this is not contiguous with another State, individuals who are residents of such State and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills.'' SEC. 103. ISSUANCE OF CONTRACTS AND NONRECURRING COMMERCIAL/ NONRECREATIONAL USE PERMITS BY OTHER LAND MANAGEMENT AGENCIES. Within two years of the date of enactment of this title, and to the extent practicable, the Secretary of the Interior and Secretary of Agriculture shall adopt procedures consistent with those established by this title for the National Park Service for issuing contracts and nonrecurring commercial/non-recreational use permits as described herein for substantially similar services and activities taking place on federal lands managed by the United States Forest Service, Bureau of Land Management, and United States Fish and Wildlife Service. TITLE II--NATIONAL PARK FEES SEC. 201. FEES. (a) admission Fees.--Section 4(a) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 4601- 6a(a)), is further amended as follows: (1) By deleting ``fee-free travel areas'' and ``lifetime admission permit'' from the title of this section. (2) In the first sentence of paragraph (1)(a)(I), by striking ``$25'' and inserting ``$50''. (3) By inserting at the end of clause (ii) of paragraph (1)(A) the following: ``Such receipts shall be made available, subject to appropriation, for authorized resource protection, rehabilitation and conservation projects as provided for by subsection (I), including projects to be carried out by the Public Land Corps or any other conservation corps pursuant to the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 and following), or other related programs or authorities, on lands administered by the Secretary of the interior and the Secretary of Agriculture.''. (4) In paragraph (a)(1)(B), by striking ``$15'' and inserting ``$25''. (5) In paragraph (a)(2), by striking the fifth and sixth sentences, and by amending the fourth sentence to read as follows: ``The fee for a single-visit permit at any designated area shall be not more than $6 per person.''. (6) In paragraph (a)(3), by inserting the word ``Great'' in the third sentence before ``Smoky'', and by striking the last sentence. (7) In paragraph (a)(4), by striking the second sentence in its entirety and inserting in lieu thereof, ``Such permit shall be nontransferable, shall be issued for a one-time charge of $10, and shall entitle the permittee to free admission into any area designated pursuant to this subsection.''. (8) In paragraph (a)(4), by amending the third sentence to read as follows: ``No fees of any kind shall be collected from any persons who have a right of access for hunting or fishing privileges under a specific provision of law or treaty or who are engaged in the conduct of official Federal, State, or local government business.''. (9) In paragraph (a)(5), by striking it in its entirety and insert in lieu thereof: ``The Secretary of the Interior and the Secretary of Agriculture shall establish procedures providing for the issuance of a lifetime admission permit to any citizen of, or person legally domiciled in, the United States, if such citizen or person applies for such permit and is permanently disabled. Such procedures shall assure that such permit shall be issued only to persons who have been medically determined to be permanently disabled. Such permit shall be nontransferable, shall be issued without charge, and shall entitle the permittee and one accompanying individual to general admission into any area designated pursuant to this subsection, notwithstanding the method of travel.''. (10) In paragraph (a)(6)(A), by striking the paragraph in its entirety and inserting in lieu thereof: ``No later than 18 months after the enactment date of this sentence, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the House of Representatives a report on the admission fees proposed to be charged at units of the National Park System. The report shall include a list of units of the National Park System and the admission fee proposed to be charged at each unit. The Secretary of the Interior shall also identify areas where such fees are authorized but not collected, including an explanation of the reasons that such fees are not collected.''. (11) By striking paragraph (a)(9) in its entirety and by renumbering current paragraph (10) as ``(9)''. (12) In paragraph (a)(11), by striking all but the last sentence and renumbering it as ``(a)(10)''. (13) By renumbering paragraph (a)(12) as ``(a)(11)''. (b) Recreation Fees.--Section 4(b) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l- 6a(b)), as amended, is further amended as follows: (1) By striking ``fees for Golden Age Passport permittees'' from the title; (2) By striking ``personal collection of the fee by an employee or agent of the Federal agency operating the facility,''; (3) By striking ``Any Golden Age Passport permittee, or'' and insert in lieu thereof ``Any''. (c) Criteria, Posting and Uniformity of Fees.--Section 4(d) of the Land and Water Conservation Fund Act of 1965 (P.L. 88- 578; 16 U.S.C. 460l-6a(d)) is amended by deleting from the first sentence, ``recreation fees charged by non-Federal public agencies,'' and inserting in lieu thereof ``fees charged by other public and private entities,''. (d) Penalty.--Section 4(e) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l- 6a(e)) is amended by deleting ``of not more than $100.'' and inserting in lieu thereof, ``as provided by law.''. (e) Technical Amendments.--Section 4(h) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l-6a(h)), as amended, is further amended-- (1) by striking ``Bureau of Outdoor Recreation'' and inserting in lieu thereof, ``National Park Service'' (2) by striking ``Natural'' in ``Committee on Natural Resources of the House of Representatives''; and (3) by striking ``Bureau'' and inserting in lieu thereof, ``National Park Service''. (f) Time of Reimbursement.--Section 4(k) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l-6a(k)) is amended by striking the last sentence in its entirety. (g) Charges for Transportation Provided by the National Park Service.--Section 4(l)(1) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(1)) is amended by striking the word ``viewing'' from the section title and inserting in lieu thereof ``visiting'', and by striking the word ``view'' from the first sentence of subparagraph (1) and inserting ``visit'' in lieu thereof. (h) Commercial Tour Use Fees.--Section 4(n) of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l-6a(n)), as amended, is further amended-- (1) by striking the first sentence of subsection (n)(1) and inserting ``In the case of each unit of the National Park System for which an admission fee is charged under this section, the Secretary of the Interior shall establish, by October 1, 1995, a commercial tour use fee in lieu of a per person admission fee to be imposed on each vehicle entering the unit for the purpose of providing commercial tour services within the unit.''. (2) by striking the period at the end of subsection (n)(3) and inserting ``with written notification of such adjustments provided to commercial tour operators twelve months in advance of implementation.''. (i) Fees for Special Uses.--Section 4 of the Land and Water Conservation Fund Act of 1965 (P.L. 88-578; 16 U.S.C. 460l- 6a)), as amended, is further amended by adding the following at the end thereof: ``(o) Fees for Commercial/Non-Recreational Uses.--Using the criteria established in section 4(d) (16 U.S.C. 460l-6a(d)), the Secretary of the Interior shall establish reasonable fees for non-recurring commercial or non-recreational uses of National Park System units that require special arrangements, including permits. At a minimum, such fees will cover all costs of providing necessary services associated with such use, except that at the Secretary's discretion, the Secretary may waive or reduce such fees in the case of any organization using an area within the National Park System for activities which further the goals of the National Park Service. Receipts equal to the cost of providing the necessary services associated with such use may be retained at the park unit in which the use takes place, and remain available to cover such costs.''. (j) Conforming Amendments.--The following Public Laws shall be amended as described below-- (1) Section 3 of Public Law 70-805 (45 Stat. 1300), as amended, is further amended by striking the last sentence; (2) Section 5(e) of Public Law 87-657 (76 Stat. 540; 16 U.S.C. 459c-5), as amended, is hereby repealed; (3) Section 3(b) of Public Law 87-750 (76 Stat. 747; 16 U.S.C. 398e(b)) is hereby repealed; (4) Section 4(e) of Public Law 92-589 (86 Stat. 1299; 16 U.S.C. 460bb-3), as amended, is further amended by striking the first sentence; (5) Section 6(j) of Public Law 95-348 (92 Stat. 487) is hereby repealed; (6) Section 207 of Public Law 96-199 (94 Stat. 77) is hereby repealed; (7) Section 106 of Public Law 96-287 (94 Stat. 600) is amended by striking the last sentence; (8) Section 5 of Public Law 96-428 (94 Stat. 1843) is hereby repealed; (9) Section 204 of Public Law 96-287 (94 Stat. 601) is amended by striking the last sentence; and (10) Public Law 100-55 (101 Stat. 371) is hereby repealed. SEC. 202. CHALLENGE COST-SHARE AGREEMENTS. The Secretary of the Interior is authorized to negotiate and enter into challenge cost-share agreements with any Stat or local government, public or private agency, organization, institution, corporation, individual, or other entity for the purpose of sharing costs or services in carrying out any authorized [[Page S 12221]] functions and responsibilities of the Secretary with respect to any unit of the National Park System (as defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C. 1c(a)), any affiliated area, or designated National Scenic or Historic Trail. SEC. 203. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES. Public Law 101-337 is amended as follows: (1) In section 1 (16 U.S.C. 19jj), by amending subsection (d) to read as follows: ``(d) `Park system resource' means any living or nonliving resource that is located within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.''. (2) In section 1 (16 U.S.C. 19jj), by adding at the end thereof the following: ``(g) `Marine or aquatic park system resource' means any living or non-living resource that is located within or is a living part of a marine or aquatic regimen within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.'. (3) In section 2(b) (16 U.S.C. 19jj-1(b)), by striking ``any park'' and inserting in lieu thereof ``any marine or aquatic park''. TITLE III--SKI AREA PERMITS ON NATIONAL FOREST SYSTEM LANDS SEC. 301. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Although ski areas occupy less than one-twentieth of one percent of National Forest System lands nationwide, in many rural areas of the United States, ski areas and investments by ski area permittees on National Forest System lands form the backbone of the local economy and a preponderance of the employment base. (2) Ski area operations and their attendant communities provide revenues to the United States in the form of permit fees, income taxes, and other revenues which are extremely significant in proportion to the limited Federal acreage and Forest Service administration and contractual obligations required to support such operations. (3) In addition to alpine skiing, many ski area permittees provide multiseason facilities and enhanced access to National Forest System lands, that result in greater public use and enjoyment of such lands than would otherwise occur; (4) Unlike many other private sector users of Federal Lands, ski areas in almost all cases assume the risk to finance, construct, maintain, and market all recreational facilities and improvements on such lands. (5) Many ski areas on National Forest System lands operate in an extremely competitive environment with similar facilities located on private or State lands, which requires ski area permittees to maintain a high level of capital investment to upgrade existing facilities and install new facilities (such as lifts, trails, snowmaking and trail grooming equipment, restaurants, and day care centers) to serve the public. (6) Despite an outward appearance of economic well-being resulting from an intensive capital infrastructure, many ski area operations are marginally profitable due to the competition and capital investments referred to in paragraph (5), weather conditions, insurance premiums, the national economy, and other factors beyond the control of the ski area permittee. (7) Because of the contributions of ski areas to the economies of the United States and the rural communities in which they are located, and the enhanced use and enjoyment of National Forest System lands resulting from ski areas, it is in the national interest for the United States, where consistent with national forest management objectives, to take actions to promote the long-term economic health and stability of ski areas and associated communities. (8) The National Forest Ski Area Permit Act of 1986 (U.S.C. 497b) has been of assistance to ski area operations on National Forest System lands by providing longer term lease tenure and contractual stability to ski area permittees, but further adjustments and policy direction and warranted to address problems related to permit fees and fee calculations and conflicts with certain mineral activities. (b) Purpose.--In light of the findings of subsection (a), it is the purpose of this title-- (1) To legislate a ski area permit fee that returns fair market value to the United States and at the same time-- (A) provides ski area permittees and the United States with a simplified, consistent, predictable, and equitable fee formula that is commensurate with long-term planning, financing, and operational needs of ski areas; and (B) simplifies bookkeeping and other administrative burdens on ski area permittees and Forest Service personnel; and (2) to prevent future conflicts between ski area operations and mining and mineral leasing programs by withdrawing lands within ski area permit boundaries from the operation of mining and mineral leasing laws. SEC. 302. SKI AREA PERMIT FEES AND WITHDRAWAL OF SKI AREAS FROM OPERATION OF MINING LAWS. The National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) is amended by adding at the end the following new sections: ``SEC. 4. SKI AREA PERMIT FEES. ``(a) Ski Area Permit Fee.--After the date of enactment of this section, the fee for all ski area permits on National Forest System lands shall be calculated, charged, and paid only as set forth in subsection (b) in order to-- ``(1) return fair market value to the United States and provide ski area permittees and the United States with a simplified, consistent, predictable, and equitable permit fee; ``(2) simplify administrative, bookkeeping, and other requirements currently imposed on the Secretary of Agriculture and ski area permittees on national forest lands; and ``(3) save costs associated with the calculation of ski area permit fees. ``(b) Method of Calculation.-- ``(1) Determination of adjusted gross revenue subject to fee.--The Secretary of Agriculture shall calculate the ski area permit fee (SAPF) to be charged a ski area permittee by first determining the permittee's adjusted gross revenue (AGR) to be subject to the permit fee. The permittee's adjusted gross revenue (AGR) is equal to the sum of the following: ``(A) The permittee's adjusted gross revenues from alpine lift ticket and alpine season pass sales plus revenue from alpine ski school operations (LTA+SSA), with such total multiplied by the permittee's slope transport feet percentage (STFP) on National Forest System lands. ``(B) The permittee's adjusted gross revenues from Nordic ski use pass sales and Nordic ski school operations (LTN+SSN), with such total mult

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