S 1693 - 105National Parks Omnibus Management Act of 1998
Became Public Law No: 105-391.
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S. 1693, National Parks Omnibus Management Act of 1998
Cost estimate for the bill as ordered reported by the House Committee on Resources on July 29, 1998
S. 1693, Vision 2020 National Park Service Restoration Act
Cost estimate for the bill as passed by the Senate on June 11, 1998
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Summary
TABLE OF CONTENTS: Title I: National Park Service Career Development, Training, and Management Title II: National Park System Resource Inventory and Management Title III: Study Regarding Addition of New National Park System Areas Title IV: National Park Service Concessions Management Title V: Fees for Use of National Park System Title VI: National Park Passport Program Title VII: National Park Foundation Support Title VIII: Miscellaneous Provisions National Parks Omnibus Management Act of 1998 - Title I: National Park Service Career Development, Training, and Management - Requires the Secretary of the Interior to continually improve the ability of the National Park Service to provide state-of-the-art management, protection, and interpretation of, and research on, the National Park System (NPS) resources. (Sec. 102) Directs the Secretary to develop: (1) a comprehensive training program for employees in all professional careers in the Service's workforce to assure that it has the best, up-to-date knowledge, skills, and abilities with which to manage, interpret, and protect NPS resources; and (2) a clear management development and training program to enable qualified Service employees from any appropriate academic field to move into park management positions, including the position of NPS unit superintendent. (Sec. 104) Requires: (1) each NPS unit to prepare and make public a five-year strategic plan and an annual performance plan to reflect the Service's policies, goals, and outcomes represented in the Service-wide Strategic Plan, prepared pursuant to the provisions of the Government Performance and Results Act of 1993; and (2) each NPS unit superintendent, as part of each unit's annual performance plan, to develop and make public the budget for the current fiscal year for that unit. Title II: National Park System Resource Inventory and Management - Authorizes and directs the Secretary to: (1) assure that management of NPS units is enhanced by the availability and utilization of a broad program of the highest quality science and information; and (2) in partnership with other Federal and State agencies, enter into cooperative agreements with colleges and universities (including land grant schools) to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the NPS resources or the larger region of which parks are a part. Directs the Secretary to: (1) report to specified congressional committees on progress in the establishment of a comprehensive network of such college and university based cooperative study units as will provide full geographic and topical coverage for research on the resources contained in NPS units and their larger regions; and (2) undertake a program of inventory and monitoring of NPS resources to establish baseline information and to provide information on the long-term trends in their condition. (Sec. 205) Authorizes the Secretary to solicit, receive, and consider requests from Federal or non-Federal public or private agencies, organizations, individuals, or other entities for the use of NPS units for purposes of scientific study. Specifies criteria for approval of requests for such use and waiver of park admission or recreational use fees in order to conduct such studies. (Sec. 206) Requires: (1) the Secretary to take necessary measures to assure the full and proper utilization of the study results for park management decisions; and (2) in each case in which a park resource may be adversely affected by an action undertaken by the Service, the administrative record to reflect the manner in which unit resource studies have been considered. Requires the trend in the condition of NPS resources to be a significant factor in the annual performance evaluation of each NPS unit superintendent. (Sec. 207) Provides for the confidentiality of information concerning the nature and location of NPS resource which is endangered, threatened, rare, or commercially valuable, or of mineral or paleontological objects or objects of cultural patrimony within NPS units. Title III: Study Regarding Addition of New National Park System Areas - National Park System New Areas Studies Act - Amends the National Park System General Authorities Act to direct the Secretary to submit to specified congressional committees a list of areas recommended for study for potential inclusion in the NPS. Outlines factors to be included in such studies, including whether the area possesses nationally significant natural or cultural resources. Prohibits any such study from being initiated after this Act's enactment, except with congressional authorization. Requires each such study to be completed within three years after funds are made available for it. Directs the Secretary to submit to specified congressional committees lists of areas previously studied that contain primarily historical or natural resources, in numerical order of priority for addition to the NPS. Authorizes appropriations. Title IV: National Park Service Concessions Management - National Park Service Concessions Management Improvement Act of 1998 - Directs the Secretary to utilize concessions contracts to authorizepersons, corporations, or other entities to provide accommodations, facilities and services to visitors to NPS units. Requires concessions contracts to be awarded to the entity submitting the best proposal as determined by the Secretary through a competitive selection process. Requires the Secretary, before awarding a new concessions contract (including renewals or extensions of existing ones) to publicly solicit proposals for the contract and, in connection with such solicitation, to prepare and publish a prospectus providing notice of its availability. Requires congressional notification of any proposed contract with anticipated gross receipts exceeding $5 million or a duration of more than ten years. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concessions contracts or any other form of preference to such contracts, with exceptions; and (2) provide new or additional services at an NPS unit. Allows such preferential rights to be granted for certain outfitter and guide contracts and certain contracts with annual gross receipts of under $500,000. Allows the Secretary, without public solicitation, to award: (1) a temporary concessions contract or to extend an existing one for a term not to exceed three years in order to avoid interruption of services to the public at an NPS unit; and (2) a concessions contract in extraordinary circumstances where compelling and equitable considerations require awarding of such contract to a particular party in the public interest. (Sec. 404) Establishes a maximum ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary. (Sec. 405) Sets forth provisions concerning: (1) leasehold surrender interest under new concessions contracts; (2) a special rule for existing possessory interest; (3) transition to a successor concessioner; (4) Federal title to capital improvements by a concessioner on federally-owned land in an NPS unit; and (5) concessioners' rates and charges to the public. (Sec. 407) Sets forth criteria for determining franchise fees or other monetary considerations. Requires such fees or considerations to be deposited into a special Treasury account. Makes 20 percent of account funds available to support activities throughout the NPS regardless of the unit in which the funds were collected. Establishes subaccounts for each unit within the special account and credits each subaccount with 80 percent of the franchise fees and other monetary consideration collected at a single NPS unit under concessions contracts. Makes subaccount funds available for visitor services and for funding high priority resource management programs. (Sec. 408) Prohibits concessions contracts or leasehold surrender interests from being transferred, assigned, sold, or otherwise conveyed or pledged by a concessioner without prior written notification to, and approval by, the Secretary under specified conditions. (Sec. 409) Establishes a National Park Service Concessions Management Advisory Board to advise the Secretary and Service on matters relating to management of concessions in NPS areas. Sets forth congressional reporting requirements for the Board. (Sec. 410) Requires the Secretary to contract with private entities to conduct those elements of Service concessions management suitable for non-Federal performance, including: (1) health and safety inspections; (2) quality control of concessions operations and facilities; (3) strategic capital planning; and (4) analysis of rates and charges to the public. Requires the Secretary to also consider contracting out other elements of the concessions management program as appropriate. (Sec. 411) Directs the Secretary, if multiple concessions contracts are awarded to provide similar outfitting, guiding, river running, or other similar services at the same approximate location or resource within a national park, to establish a comparable franchise fee structure for all such contracts. Prohibits an existing contract's terms from being modified or open to renegotiation because of an award of a new contract at the same location or resource. (Sec. 412) Limits contracts for the provision of transportation services in an NPS unit to a maximum of ten years. (Sec. 413) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to the leasing of U.S. buildings and properties. (Sec. 414) Outlines concessioner recordkeeping requirements. Provides that the Comptroller General shall, until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts. (Sec. 415) Repeals the National Park Service Concessions Policy Act. (Sec. 416) Encourages the Secretary to promote the sale of authentic Indian, Alaska Native, and Native Hawaiian and Samoan handicrafts relating to the cultural, historical, and geographic characteristics of NPS units. Exempts revenue derived from such sales from any franchise fee payment. (Sec. 418) Allows the Secretary, upon request, to authorize a private entity to provide services to visitors to NPS units through a commercial use authorization. Prohibits the authorization from being considered a concessions contract and exempts such authorization from provisions of this Act, except where expressly so stated. Specifies criteria for issuance of such authorizations such as a reasonable fee to recover associated management and administrative costs. Limits such authorization to: (1) commercial operations with annual gross receipts of not more than $25,000 resulting from services originating and provided solely within an NPS unit pursuant to such authorization; (2) the incidental use of unit resources by commercial operations which provide services originating and terminating outside of unit boundaries; or (3) uses by organized children's camps, outdoor clubs, and nonprofit institutions and other appropriate uses. Limits authorizations to two-year terms. Prohibits the Secretary from granting a preferential right of renewal for such authorization or similar provisions for such renewal. Permits entities seeking or obtaining an authorization to submit proposals for concessions contracts also. (Sec. 419) Requires the Secretary, in awarding future Glacier Bay cruise ship concession permits covering cruise ship entries for which a preferential right of renewal existed prior to this title's effective date, to provide such right of renewal pursuant to this Act. Terminates permits awarded under this section by December 31, 2009. Title V: Fees for Use of National Park System - Authorizes the Secretary to impose a charge to the public for the use of transportation services provided by the Service or a contractor to any NPS unit in addition to any required admission fee. Permits amounts collected to be expended only for costs associated with transportation systems at the unit where the charge was imposed. (Sec. 502) Requires the Secretary and the Secretary of Agriculture to enter into an agreement providing for an apportionment among each agency of all proceeds derived from the sale of Golden Eagle Passports by private vendors. Apportions such proceeds to each agency on the basis of the ratio of each agency's total revenue from admission fees collected during the previous fiscal year to the sum of all revenue from admission fees collected during the previous fiscal year for all agencies participating in the Golden Eagle Passport Program. Title VI: National Park Passport Program - Directs the Secretary to establish a national park passport program. Includes under the program a collectible stamp providing the holder admission to all NPS units. Makes such passports nontransferable. (Sec. 603) Outlines program administrative provisions and requirements, including provisions governing the sale of stamps and passports and the use of passport proceeds for NPS projects. Sets at $50 the fee for the park passport and stamp. (Sec. 604) Directs the Secretary to make Golden Eagle Passports available to foreign visitors to the United States and available for purchase outside the United States. Title VII: National Park Foundation Support - Amends the National Park Foundation Act to direct the National Park Foundation to: (1) design and implement a comprehensive program to assist and promote philanthropic programs of support at the individual national park unit level; and (2) include information on the program's progress in a required annual report. Title VIII: Miscellaneous Provisions - Directs the Secretary to appoint a multidisciplinary task force to fully evaluate the shortfalls, needs, and requirements of law enforcement programs in the Service and a separate analysis for the U.S. Park Police, including a review of facility repair, rehabilitation, equipment, and communication needs. Requires a report from the Secretary to specified congressional committees on findings and recommendations. (Sec. 802) Amends the National Park System General Authorities Act to authorize the Secretary to enter into: (1) a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the NPS (other than for activities related to concessions contracts or commercial use authorizations); and (2) an agreement, under specified conditions and where an NPS unit is located near a State or local park area, with a State or local government agency for the cooperative management of the Federal and State or local park areas. Outlines lease requirements. Directs the Secretary to simplify, to the maximum extent possible, the leasing process for historic properties with the goal of leasing available structures in a timely manner.
TABLE OF CONTENTS: Title I: National Park Service Career Development, Training, and Management Title II: National Park System Resource Inventory and Management Title III: Procedures for Establishment of New Units of the National Park System Title IV: National Park Service Concession Management Title V: Fee Authorities Title VI: National Park Passport Program Title VII: National Park Foundation Support Title VIII: Miscellaneous Provisions Vision 2020 National Parks System Restoration Act - Title I: National Park Service Career Development, Training, and Management - Requires the Secretary of the Interior to continually improve the ability of the National Park Service to provide state-of-the-art management, protection, and interpretation of, and research on, the National Park System (NPS) resources. (Sec. 102) Directs the Secretary to develop: (1) a comprehensive training program for employees in all professional careers in the Service's workforce to assure that it has the best, up-to-date knowledge, skills, and abilities with which to manage, interpret, and protect NPS resources; and (2) a clear management development and training program to enable qualified NPS employees from any appropriate academic field to move into park management positions, including the position of park superintendent. (Sec. 104) Requires: (1) each NPS unit to prepare and make public a five-year strategic plan and an annual performance plan to reflect the Service's policies, goals, and outcomes represented in the Service-wide Strategic Plan, prepared pursuant to the provisions of the Government Performance and Results Act; and (2) each park superintendent, as part of each park's annual performance plan, to develop and make public the budget for the current fiscal year for that park. Title II: National Park System Resource Inventory and Management - Directs the Secretary to: (1) assure that management of NPS units is enhanced by the availability and utilization of a broad program of the highest quality science and information; (2) in partnership with other Federal and State agencies, enter into cooperative agreements with colleges and universities (including land grant schools) to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the NPS resources or the larger region of which parks are a part; (3) report to specified congressional committees on progress in the establishment of a comprehensive network of such college and university based cooperative study units as will provide full geographic and topical coverage for research on the resources contained in NPS units and their larger regions; and (4) undertake a program of inventory and monitoring of NPS resources to establish baseline information and to provide information on the long-term trends in their condition. (Sec. 205) Authorizes the Secretary to solicit, receive, and consider requests from Federal or non-Federal public or private agencies, organizations, individuals, or other entities for the use of NPS units for purposes of scientific study. Specifies criteria for approval of requests for such use and waiver of park admission or recreational use fees in order to conduct such studies. (Sec. 206) Requires: (1) the Secretary to take necessary measures to assure the full and proper utilization of the study results for park management decisions; and (2) in each case in which a park resource may be adversely affected by an action undertaken by the Service, the administrative record to reflect the manner in which unit resource studies have been considered. (Sec. 207) Provides for the confidentiality of information concerning the nature and location of a park resource which is endangered, threatened, rare, or commercially valuable, or for an object of cultural patrimony within a NPS unit. Title III: Procedures for Establishment of New Units of the National Park System - Directs the Secretary, unless the Secretary determines otherwise, to submit to specified congressional committees a list of areas recommended for study for potential inclusion as new NPS units. Outlines factors to be included in such studies, including whether the area possesses nationally significant natural, historic or cultural resources, or outstanding recreational opportunities. Requires each such study to be completed within three years after funds are made available for it. Directs the Secretary to submit to the appropriate committees a list of areas previously studied that contain primarily historical or cultural resources, but have not been added to the NPS. Title IV: National Park Service Concession Management - National Park Service Concession Management Improvement Act of 1998 - Directs the Secretary to utilize concession contracts to authorize private entities to provide accommodations, facilities and services to visitors to NPS areas. Requires concession contracts to be awarded to the entity submitting the best proposal as determined by the Secretary through a competitive selection process. Requires the Secretary, before awarding a new concession contract (including renewals or extensions of existing ones) to publicly solicit proposals for the contract and, in connection with such solicitation, to prepare and publish a prospectus providing notice of its availability. Requires congressional notification of any proposed contract with anticipated gross receipts exceeding $5 million or of a duration of ten or more years. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concession contracts or any other form of preference to such contracts, with exceptions; and (2) provide new or additional services at a park. Allows such preferential rights to be granted for certain outfitter and guide contracts and certain contracts with annual gross receipts of under $500,000. Allows the Secretary, without public solicitation, to award: (1) a temporary concession contract or to extend an existing one for a term not to exceed three years in order to avoid interruption of services to the public at a park; and (2) a concession contract in extraordinary circumstances where compelling and equitable considerations require awarding of such contract to a particular party in the public interest. (Sec. 404) Establishes a maximum ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary. (Sec. 405) Sets forth provisions concerning: (1) leasehold surrender interest under new concession contracts; (2) a special rule for existing possessory interest; (3) transition to a successor concessioner; (4) Federal title to capital improvements by a concessioner on federally-owned land in a NPS unit; and (5) concessioners' rates and charges to the public. (Sec. 407) Sets forth criteria for determining franchise fees or other monetary considerations. Requires such fees or considerations to be covered into a special Treasury account to be transferred to a subaccount and to be allocated to each applicable NPS unit, under certain conditions, to fund high-priority resource management and visitor services programs and operations. (Sec. 408) Prohibits concession contracts or leasehold surrender interests from being transferred, assigned, sold, or otherwise conveyed or pledged by a concessioner without prior written notification to, and approval of, the Secretary under specified conditions. (Sec. 409) Establishes a National Park Service Concessions Management Advisory Board to advise the Secretary and Service on matters relating to management of concessions in NPS areas. Sets forth congressional reporting requirements for the Board. (Sec. 410) Requires the Secretary to contract with private entities to conduct the following elements of the management of the Service's concession program suitable for non-Federal fulfillment, under specified conditions: (1) health and safety inspections; (2) quality control of concession operations and facilities; (3) analysis of rates and charges to the public; and (4) financial analysis. Requires the Secretary to also consider contracting out other elements of the concession management program as appropriate. (Sec. 411) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to the leasing of U.S. buildings and properties. (Sec. 412) Outlines concessioner recordkeeping requirements. Provides that the Comptroller General shall, until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts. (Sec. 413) Repeals the Concession Policy Act of 1965. Allows the Secretary to award concession contracts under the Act's terms for concession contract solicitation for which, as of August 1, 1998, a formal prospectus was issued by the Secretary. (Sec. 414) Directs the Secretary to promote the sale of authentic Indian and Alaska Native handicrafts relating to the cultural, historical, and geographic characteristics of NPS units. Exempts revenue derived from such sales from any franchise fee payment. (Sec. 416) Allows the Secretary, upon request, to authorize a private entity to provide services to visitors to NPS units through a commercial use authorization. Prohibits the authorization from being considered a concession contract and exempts such authorization from provisions of this Act, except where expressly so stated. Specifies criteria for issuance of such authorizations such as a reasonable fee to recover associated management and administrative costs. Limits such authorization to: (1) commercial operations with annual gross receipts of not more than $25,000 resulting from services originating and provided solely within a park pursuant to such authorization; (2) the incidental use of park resources by commercial operations which provide services originating and terminating outside of the park's boundaries if such authorization does not provide for the construction of any structure, fixture, or improvement on federally-owned lands within the park's boundaries; and (3) a two-year term. Prohibits the Secretary from granting a preferential right of renewal for such authorization or similar provisions for such renewal. Permits entities seeking or obtaining an authorization to submit proposals for concession contracts also. Title V: Fee Authorities - Extends through FY 2005 the Services's authority under the Recreational Fee Demonstration Program. Makes such authority available for all NPS units and system-wide fee programs. Requires the Secretary to report to specified congressional committees on the Program's status. Requires at least a 12-month public notice before the increase or establishment of a NPS unit fee. (Sec. 502) Sets forth provisions requiring a permit and reasonable fee for commercial filming activities in NPS units, with the exception of commercial or non-commercial still photography of sites or resources in NPS units in any part of a park where members of the public are generally allowed. Authorizes the Secretary to require a permit, fee, or both, if the Secretary determines that there is a likelihood of resource impact, disruption of the public's use and enjoyment of the park, or if the activity poses health or safety risks. Requires the issuance of a permit and the payment of a reasonable fee for still photography that utilizes models or props which are not a part of a park's natural or cultural features or administrative facilities. Requires the fees collected to be deposited in a special Treasury account to be available to the Secretary, without further appropriation, for high-priority visitor service or resource management projects and programs for the NPS units in which the fees are collected. (Sec. 503) Requires the Secretary and the Secretary of Agriculture to enter into an agreement providing for an apportionment among each agency of all proceeds derived from the sale of Golden Eagle Passports by private vendors. Apportions such proceeds to each agency on the basis of the ratio of each agency's total revenue from admission fees collected during the previous fiscal year to the sum of all revenue from admission fees collected during the previous fiscal year for all agencies participating in the Golden Eagle Passport Program. Title VI: National Park Passport Program - Directs the Secretary to establish a national park passport program. Includes under the program a collectible stamp providing the holder admission to all NPS units. Makes such passports nontransferable. (Sec. 603) Outlines program administrative provisions and requirements, including provisions governing the sale of stamps and passports and the use of passport proceeds for NPS projects. Sets at $50 the fee for the park passport and stamp. (Sec. 604) Directs the Secretary to establish an international park passport program under which park passports and stamps are made available exclusively to foreign visitors to the United States. Sets a $40 fee for international park passports and stamps. Terminates such program at the end of calendar year 2003 unless at least 200,000 passports and stamps are sold during that year. Title VII: National Park Foundation Support - Directs the National Park Foundation to: (1) design and implement a comprehensive program to assist and promote philanthropic programs of support at the individual national park unit level; and (2) include information on the program's progress in a required annual report. Title VIII: Miscellaneous Provisions - Directs the Secretary to appoint a multidisciplinary task force to fully evaluate the shortfalls, needs, and requirements of law enforcement programs in the Service and a separate analysis for the U.S. Park Police, including a review of facility repair, rehabilitation, equipment, and communication needs. Requires a report from the Secretary to specified congressional committees on findings and recommendations. (Sec. 802) Authorizes the Secretary to enter into: (1) a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the NPS; and (2) an agreement, under specified conditions, with a State or local government agency for the cooperative management of the Federal and State or local park areas. Outlines lease requirements. Directs the Secretary to simplify, to the maximum extent possible, the leasing process for historic properties with the goal of leasing available structures in a timely manner.
TABLE OF CONTENTS: Title I: National Park Service Career Development, Training, and Management Title II: National Park System Resource Inventory and Management Title III: Procedures for Establishment of New Units of the National Park System Title IV: National Park Service Concession Management Title V: Fee Authorities Title VI: National Park Passport Program Title VII: National Park Foundation Support Title VIII: Miscellaneous Provisions Vision 2020 National Parks System Restoration Act - Title I: National Park Service Career Development, Training, and Management - Requires the Secretary of the Interior to continually improve the ability of the National Park Service to provide state-of-the-art management, protection, and interpretation of, and research on, the National Park System (NPS) resources. (Sec. 102) Directs the Secretary to develop: (1) a comprehensive training program for employees in all professional careers in the Service's workforce to assure that it has the best, up-to-date knowledge, skills, and abilities with which to manage, interpret, and protect NPS resources; and (2) a clear management development and training program to enable qualified NPS employees from any appropriate academic field to move into park management positions, including the position of park superintendent. (Sec. 104) Requires: (1) each NPS unit to prepare and make public a five-year strategic plan and an annual performance plan to reflect the Service's policies, goals, and outcomes represented in the Service-wide Strategic Plan, prepared pursuant to the provisions of the Government Performance and Results Act; and (2) each park superintendent, as part of each park's annual performance plan, to develop and make public the budget for the current fiscal year for that park. Title II: National Park System Resource Inventory and Management - Directs the Secretary to: (1) assure that management of NPS units is enhanced by the availability and utilization of a broad program of the highest quality science and information; (2) in partnership with other Federal and State agencies, enter into cooperative agreements with colleges and universities (including land grant schools) to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the NPS resources or the larger region of which parks are a part; (3) report to specified congressional committees on progress in the establishment of a comprehensive network of such college and university based cooperative study units as will provide full geographic and topical coverage for research on the resources contained in NPS units and their larger regions; and (4) undertake a program of inventory and monitoring of NPS resources to establish baseline information and to provide information on the long-term trends in their condition. (Sec. 205) Authorizes the Secretary to solicit, receive, and consider requests from Federal or non-Federal public or private agencies, organizations, individuals, or other entities for the use of NPS units for purposes of scientific study. Specifies criteria for approval of requests for such use and waiver of park admission or recreational use fees in order to conduct such studies. (Sec. 206) Requires: (1) the Secretary to take necessary measures to assure the full and proper utilization of the study results for park management decisions; and (2) in each case in which a park resource may be adversely affected by an action undertaken by the Service, the administrative record to reflect the manner in which unit resource studies have been considered. (Sec. 207) Provides for the confidentiality of information concerning the nature and location of a park resource which is endangered, threatened, rare, or commercially valuable, or for an object of cultural patrimony within a NPS unit. Title III: Procedures for Establishment of New Units of the National Park System - Directs the Secretary, unless the Secretary determines otherwise, to submit to specified congressional committees a list of areas recommended for study for potential inclusion as new NPS units. Outlines factors to be included in such studies, including whether the area possesses nationally significant natural, historic or cultural resources, or outstanding recreational opportunities. Requires each such study to be completed within three years after funds are made available for it. Directs the Secretary to submit to the appropriate committees a list of areas previously studied that contain primarily historical or cultural resources, but have not been added to the NPS. Title IV: National Park Service Concession Management - National Park Service Concession Management Improvement Act of 1998 - Directs the Secretary to utilize concession contracts to authorize private entities to provide accommodations, facilities and services to visitors to NPS areas. Requires concession contracts to be awarded to the entity submitting the best proposal as determined by the Secretary through a competitive selection process. Requires the Secretary, before awarding a new concession contract (including renewals or extensions of existing ones) to publicly solicit proposals for the contract and, in connection with such solicitation, to prepare and publish a prospectus providing notice of its availability. Requires congressional notification of any proposed contract with anticipated gross receipts exceeding $5 million or of a duration of ten or more years. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concession contracts or any other form of preference to such contracts, with exceptions; and (2) provide new or additional services at a park. Allows such preferential rights to be granted for certain outfitter and guide contracts and certain contracts with annual gross receipts of under $500,000. Allows the Secretary, without public solicitation, to award: (1) a temporary concession contract or to extend an existing one for a term not to exceed three years in order to avoid interruption of services to the public at a park; and (2) a concession contract in extraordinary circumstances where compelling and equitable considerations require awarding of such contract to a particular party in the public interest. (Sec. 404) Establishes a maximum ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary. (Sec. 405) Sets forth provisions concerning: (1) leasehold surrender interest under new concession contracts; (2) a special rule for existing possessory interest; (3) transition to a successor concessioner; (4) Federal title to capital improvements by a concessioner on federally-owned land in a NPS unit; and (5) concessioners' rates and charges to the public. (Sec. 407) Sets forth criteria for determining franchise fees or other monetary considerations. Requires such fees or considerations to be covered into a special Treasury account to be transferred to a subaccount and to be allocated to each applicable NPS unit, under certain conditions, to fund high-priority resource management and visitor services programs and operations. (Sec. 408) Prohibits concession contracts or leasehold surrender interests from being transferred, assigned, sold, or otherwise conveyed or pledged by a concessioner without prior written notification to, and approval of, the Secretary under specified conditions. (Sec. 409) Establishes a National Park Service Concessions Management Advisory Board to advise the Secretary and Service on matters relating to management of concessions in NPS areas. Sets forth congressional reporting requirements for the Board. (Sec. 410) Requires the Secretary to contract with private entities to conduct the following elements of the management of the Service's concession program suitable for non-Federal fulfillment, under specified conditions: (1) health and safety inspections; (2) quality control of concession operations and facilities; (3) analysis of rates and charges to the public; and (4) financial analysis. Requires the Secretary to also consider contracting out other elements of the concession management program as appropriate. (Sec. 411) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to the leasing of U.S. buildings and properties. (Sec. 412) Outlines concessioner recordkeeping requirements. Provides that the Comptroller General shall, until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts. (Sec. 413) Repeals the Concession Policy Act of 1965. Allows the Secretary to award concession contracts under the Act's terms for concession contract solicitation for which, as of August 1, 1998, a formal prospectus was issued by the Secretary. (Sec. 414) Directs the Secretary to promote the sale of authentic Indian and Alaska Native handicrafts relating to the cultural, historical, and geographic characteristics of NPS units. Exempts revenue derived from such sales from any franchise fee payment. (Sec. 416) Allows the Secretary, upon request, to authorize a private entity to provide services to visitors to NPS units through a commercial use authorization. Prohibits the authorization from being considered a concession contract and exempts such authorization from provisions of this Act, except where expressly so stated. Specifies criteria for issuance of such authorizations such as a reasonable fee to recover associated management and administrative costs. Limits such authorization to: (1) commercial operations with annual gross receipts of not more than $25,000 resulting from services originating and provided solely within a park pursuant to such authorization; (2) the incidental use of park resources by commercial operations which provide services originating and terminating outside of the park's boundaries if such authorization does not provide for the construction of any structure, fixture, or improvement on federally-owned lands within the park's boundaries; and (3) a two-year term. Prohibits the Secretary from granting a preferential right of renewal for such authorization or similar provisions for such renewal. Permits entities seeking or obtaining an authorization to submit proposals for concession contracts also. Title V: Fee Authorities - Extends through FY 2005 the Services's authority under the Recreational Fee Demonstration Program. Makes such authority available for all NPS units and system-wide fee programs. Requires the Secretary to report to specified congressional committees on the Program's status. Requires at least a 12-month public notice before the increase or establishment of a NPS unit fee. (Sec. 502) Sets forth provisions requiring a permit and reasonable fee for commercial filming activities in NPS units, with the exception of commercial or non-commercial still photography of sites or resources in NPS units in any part of a park where members of the public are generally allowed. Authorizes the Secretary to require a permit, fee, or both, if the Secretary determines that there is a likelihood of resource impact, disruption of the public's use and enjoyment of the park, or if the activity poses health or safety risks. Requires the issuance of a permit and the payment of a reasonable fee for still photography that utilizes models or props which are not a part of a park's natural or cultural features or administrative facilities. Requires the fees collected to be deposited in a special Treasury account to be available to the Secretary, without further appropriation, for high-priority visitor service or resource management projects and programs for the NPS units in which the fees are collected. (Sec. 503) Requires the Secretary and the Secretary of Agriculture to enter into an agreement providing for an apportionment among each agency of all proceeds derived from the sale of Golden Eagle Passports by private vendors. Apportions such proceeds to each agency on the basis of the ratio of each agency's total revenue from admission fees collected during the previous fiscal year to the sum of all revenue from admission fees collected during the previous fiscal year for all agencies participating in the Golden Eagle Passport Program. Title VI: National Park Passport Program - Directs the Secretary to establish a national park passport program. Includes under the program a collectible stamp providing the holder admission to all NPS units. Makes such passports nontransferable. (Sec. 603) Outlines program administrative provisions and requirements, including provisions governing the sale of stamps and passports and the use of passport proceeds for NPS projects. Sets at $50 the fee for the park passport and stamp. (Sec. 604) Directs the Secretary to establish an international park passport program under which park passports and stamps are made available exclusively to foreign visitors to the United States. Sets a $40 fee for international park passports and stamps. Terminates such program at the end of calendar year 2003 unless at least 200,000 passports and stamps are sold during that year. Title VII: National Park Foundation Support - Directs the National Park Foundation to: (1) design and implement a comprehensive program to assist and promote philanthropic programs of support at the individual national park unit level; and (2) include information on the program's progress in a required annual report. Title VIII: Miscellaneous Provisions - Directs the Secretary to appoint a multidisciplinary task force to fully evaluate the shortfalls, needs, and requirements of law enforcement programs in the Service and a separate analysis for the U.S. Park Police, including a review of facility repair, rehabilitation, equipment, and communication needs. Requires a report from the Secretary to specified congressional committees on findings and recommendations. (Sec. 802) Authorizes the Secretary to enter into: (1) a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the NPS; and (2) an agreement, under specified conditions, with a State or local government agency for the cooperative management of the Federal and State or local park areas. Outlines lease requirements. Directs the Secretary to simplify, to the maximum extent possible, the leasing process for historic properties with the goal of leasing available structures in a timely manner.
TABLE OF CONTENTS: Title I: Management Reform Title II: Procedures for Establishment of New National Parks Title III: Recreational Fee Demonstration Program Title IV: Concession Reform Title V: National Park Passport Program Title VI: National Parks Resource Inventory and Management Title VII: Designation of Tax Refunds and Contributions for the Benefit of the National Parks Title VIII: National Park Foundation Title IX: Commercial Filming in National Parks Title X: Capital Improvement Project Bond Demonstration Program Title XI: Miscellaneous Vision 2020 National Parks Restoration Act - Title I: Management Reform - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to continually improve the ability of the National Park System (NPS) to provide state-of-the-art protection and interpretation to NPS resources. (Sec. 103) Makes park rangers responsible for protecting, interpreting, managing, and educating the public about the natural and cultural resources contained within the national parks, as well as serving and protecting park visitors. Directs the Secretary to strengthen and enhance the park ranger occupation through the ranger careers program designed to enable rangers to meet the challenges confronting national parks in the future. Outlines provisions concerning program staffing, training, management and specialized positions, a design phase, educational requirements, the park ranger workforce, fitness standards, and a program operational phase. Requires regular reports from the Secretary to the Congress on the state of the program. (Sec. 104) Directs the Secretary, during 2000 and biennially thereafter, to implement a strategic management plan for the NPS, with a focus on functions performed at the national headquarters, regional offices, support offices, service centers, and national parks. Requires a report from the Secretary to specified congressional committees detailing actions implemented as a result of the plan. (Sec. 105) Requires the superintendent or manager of each NPS national park, central office, and support office to develop and make public a comprehensive annual budget for such park or office. Title II: Procedures for Establishment of New National Parks - Directs the Secretary to submit to specified congressional committees a list of areas recommended for study for potential inclusion as new NPS units. Requires specific authorization by an Act of Congress before initiation of any such study. Outlines factors to be included in such studies, including whether the area possesses nationally significant natural, historic, or cultural resources, or outstanding recreation opportunities. Requires any such study to be completed within three years of its authorization. Directs the Secretary to submit to the appropriate committees a list of areas previously studied that contain primarily historical or cultural resources, or that contain natural resources, but that have not been added to the NPS. Title III: Recreational Fee Demonstration Program - Extends through FY 2005 NPS authority under the recreational fee demonstration program. Makes such authority available for all NPS units, except that no recreational admission fee may be charged at Great Smoky Mountains National Park and Lincoln Home National Historic Site. Requires a report from the Secretary to specified congressional committees on the program's status. Title IV: Concession Reform - Calls upon the continued involvement of the private sector in the delivery of high-quality goods and services in the national parks. Establishes within NPS a Concession Board to: (1) assist the Secretary in the preparation and issuance of a solicitation for proposals for persons to serve as Concession Manager; (2) review and make recommendations on such Manager's decisions on the selection of concessionaires and other matters; (3) make recommendations regarding the allocation of collected concession fees; and (4) mediate disputes between concessionaires and the Manager or national park superintendents. Provides for Manager appointment and functions, including the negotiation of concession contracts. Outlines concession contract terms and conditions, including provisions concerning franchise fees, capital improvements, possessory interest payments, appraisals, leasehold surrender values, property rights as collateral, and prices for goods and services provided under such contracts. Allows concession contract transfer only with the Secretary's approval. Allows the Secretary to negotiate any individual concession contract with anticipated annual revenues of less than $2 million without the issuance of a prospectus or the solicitation of competitive bids. Sets forth provisions applicable to all other contracts, including provisions governing issuance of a prospectus for the solicitation of competitive bids, submission of a statement as to the concessionaire's financial capability and operational expertise, concessionaire selection, and contract termination. (Sec. 406) Requires all contract concession fees collected to be used first to pay consideration under the contract with the Manager for the fiscal year, with the remainder to be allocated to each national park, based on that park's relative share of fees collected, to fund high-priority resource management and visitor services programs and operations. (Sec. 407) Authorizes the Manager to suspend or terminate concession contracts. (Sec. 408) Outlines concessionaire recordkeeping and reporting requirements. Requires Comptroller General access to such information. (Sec. 409) Directs the Secretary to promote the sale of authentic Indian and Alaska Native handicrafts relating to the cultural, historical, and geographic characteristics of national park areas. Exempts revenue derived from such sales from any franchise fee payments. (Sec. 410) Makes a Federal provision which requires the lease of government property to be made for money consideration only inapplicable to leases, permits, and contracts granted by the Secretary for the use of NPS land and improvements to provide accommodations, facilities, and services for park visitors. (Sec. 411) Excludes a concession contract's award, extension, renewal, or amendment from provisions of the National Environmental Policy Act of 1969. Title V: National Park Passport Program - Directs the Secretary to establish a national park passport program which shall provide the passport holder with admission to all U.S. national parks. Includes under the program the issuance of collectible stamps. Makes such passports nontransferable. Outlines program administrative provisions and requirements, including provisions governing the sale of stamps and passports and the use of passport proceeds for NPS projects. (Sec. 505) Directs the Secretary to establish an international park passport program under which park passports and stamps are made available exclusively to foreign visitors to the United States. Terminates such program at the end of 2003 unless at least 200,000 permits are sold during that year. (Sec. 506) Authorizes appropriations for the park passport program. (Sec. 507) Sets at $50 the fee for a park passport and stamp. Title VI: National Parks Resource Inventory and Management - Directs the Secretary to undertake a program of scientific study by NPS employees and cooperators in each national park. Requires natural, cultural, and physical resources of each park, as well as contemporary park uses, to be studied under such program. Directs the Secretary to appoint a Chief Scientist within the NPS to: (1) coordinate all unit resource studies; and (2) exercise authority over all NPS persons conducting such studies. Requires a peer review process to ensure the validity and reliability of each study. (Sec. 604) Directs the Secretary to: (1) enter into long-term cooperative agreements with geographically dispersed colleges and universities to act as primary centers through which unit resource studies shall be conducted; and (2) undertake a program of inventory and monitoring of national park resources to establish baseline information and provide information on long-term trends in the conditions of national park resources. Requires appropriate workforce training to carry out NPS missions. (Sec. 606) Authorizes the Chief Scientist to solicit, receive, consider, and, when appropriate, approve requests for the use of any national park for purposes of scientific study. (Sec. 607) Requires, in each case in which a park resource may be adversely affected by an NPS action, the administrative record to reflect the manner in which unit resource studies and other studies have been considered. (Sec. 608) Provides for the confidentiality of information concerning the nature and location of a natural park resource that is endangered, threatened, rare, commercially valuable, or is an object of cultural patrimony within a national park. (Sec. 609) Authorizes appropriations. Title VII: Designation of Tax Refunds and Contributions for the Benefit of the National Parks - Amends the Internal Revenue Code to authorize an individual taxpayer to designate a specified portion (not less than $1) of any overpayment of tax and any cash contribution included with his or her tax return to be paid over to the National Parks Trust Fund to be established pursuant to this Act. Appropriates to the Fund amounts equivalent to those received under such designations. Directs the Secretary of the Treasury to submit to specified congressional committees a study of the effects of the Fund. (Sec. 703) Authorizes the Secretary to use Fund amounts for the design, construction, rehabilitation, and repair of high priority park facilities that directly enhance the experience of park visitors. Prohibits the use of Fund amounts for land acquisition. Title VIII: National Park Foundation - Directs the National Park Foundation to: (1) design and implement a comprehensive program to assist and promote philanthropic support programs at the individual national park level; and (2) include information on the program's progress in a required annual report. Title IX: Commercial Filming in National Parks - Directs the Secretary to establish or designate an NPS office to perform functions required under this title. Prohibits a person from producing any part of a commercial (for-profit) recorded image in a national park without first obtaining a permit from the Secretary and paying a permit fee. Sets such fee at one-half of one percent of the production budget for the vehicle in which the image is to be included. Requires permit proceeds to be used for the preservation, restoration, operation, maintenance, and improvement of high-priority projects and programs in the park in which the fee is collected that directly enhance the experience of park visitors. Requires a report from the Secretary to specified congressional committees on the collection of such fees. Title X: Capital Improvement Project Bond Demonstration Program - Directs the Secretary to identify not more than four NPS capital improvement projects, totaling not more than $40 million, which shall be financed through obligations issued to the Secretary of the Treasury as part of a bond demonstration program established under this title. Directs the Secretary of the Treasury to purchase obligations issued under the program if such Secretary finds that there is reasonable assurance of repayment of the obligations. (Sec. 1005) Directs the Secretary and the Secretary of the Treasury to report to the Congress on the program. Title XI: Miscellaneous - Directs the Secretary to appoint a multidisciplinary task force to fully evaluate the shortfalls, needs, and requirements of the U.S. Park Police, including facility repair, rehabilitation, and communications needs. Requires a report from the Secretary to specified congressional committees on findings and recommendations. (Sec. 1102) Authorizes the Secretary to enter into a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the NPS. Outlines lease requirements. Authorizes the Secretary to enter into an agreement with a State or local government agency for the cooperative management of national park land and nearby State or local park land.
Sponsors
![Sen. Thomas, Craig [R-WY]](https://www.congress.gov/img/member/t000162_200.jpg)
Timeline
Signed by President.
Signed by President.
Became Public Law No: 105-391.
Became Public Law No: 105-391.
Presented to President.
Presented to President.
Message on House action received in Senate and at desk: House amendment to Senate bill.
Resolving differences -- Senate actions: Senate agreed to the House amendment by Unanimous Consent.(consideration: CR S12494-12502)
Senate agreed to the House amendment by Unanimous Consent. (consideration: CR S12494-12502)
Message on Senate action sent to the House.
Mr. Hansen moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H10678-10689, H10787)
DEBATE - The House proceeded with forty minutes of debate.
At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Vento objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
Considered as unfinished business.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
Motion to reconsider laid on the table Agreed to without objection.
Reported (Amended) by the Committee on Resources. H. Rept. 105-767.
Reported (Amended) by the Committee on Resources. H. Rept. 105-767.
Placed on the Union Calendar, Calendar No. 438.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Referred to the Subcommittee on National Parks and Public Lands.
Received in the House.
Message on Senate action sent to the House.
Referred to the House Committee on Resources.
Measure laid before Senate by unanimous consent. (consideration: CR S6261-6268)
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
Committee on Energy and Natural Resources. Reported to Senate by Senator Murkowski with an amendment in the nature of a substitute and an amendment to the title. With written report No. 105-202.
Committee on Energy and Natural Resources. Reported to Senate by Senator Murkowski with an amendment in the nature of a substitute and an amendment to the title. With written report No. 105-202.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 397.
Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Subcommittee on Parks, Preservation and Recreation. Hearings held on titles IX and X. Hearings printed: S.Hrg. 105-579 PT.2.
Subcommittee on Parks, Preservation and Recreation. Hearings held on Titles VI, VII, VIII, and XI.
Subcommittee on Parks, Preservation and Recreation. Hearings held. Hearings printed: S.Hrg. 105-579 PT.1.
Committee on Energy and Natural Resources requested executive comment from Department of the Interior, and Office of Management and Budget.
Subcommittee on Parks, Preservation and Recreation. Hearings held.
Referred to Subcommittee on Parks, Preservation and Recreation.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1160-1162)
Read twice and referred to the Committee on Energy and Natural Resources.
House Votes
Amendments
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