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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
(Senate - August 10, 1995)
Text of this article available as:
[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
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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
Major Actions:
All articles in Senate section
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
(Senate - August 10, 1995)
Text of this article available as:
[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