[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 743 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 743
To amend the National Park Service Concessions Policy Act to foster
competition among concessioners, to improve management of concessions
consistent with the preservation of resources and the purposes of the
National Park System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 1993
Mr. Synar introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the National Park Service Concessions Policy Act to foster
competition among concessioners, to improve management of concessions
consistent with the preservation of resources and the purposes of the
National Park System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND DEFINITION.
(a) Short Title.--This Act may be cited as the ``National Park
Revitalization Act''.
(b) Definition.--As used in this Act, the term ``National Park
Service Concessions Policy Act'' means the Act entitled ``An Act
relating to the establishment of concession policies in the areas
administered by National Park Service and for other purposes'' (16
U.S.C. 20-20g).
SEC. 2. CONTRACTS.
(a) Maximum Period; Requirements.--Section 3(a) of the National
Park Service Concessions Policy Act (16 U.S.C. 20b(a)) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1) (as designated by paragraph (1) of
this subsection), by inserting after the first sentence the
following: ``Except as provided in paragraph (3), the period of
a contract entered into under this Act may not exceed 10
years.''; and
(3) by adding at the end the following new paragraphs:
``(2) Contracts entered into under this Act after the date of
enactment of this paragraph shall--
``(A) be consistent with the laws relating to the National
Park System and the unit concerned;
``(B) be implemented in accordance with the purposes of the
National Park System and the general management plan for the
unit of the National Park System concerned;
``(C) to the maximum extent practicable, contain similar
terms and conditions in order to facilitate administration;
``(D) to the extent applicable, provide for acquisition of
the possessory interest of a concessioner in a manner
consistent with the objective of section 6(c); and
``(E) shall be transferable or assignable only upon the
consent of the Secretary after reconsideration and possible
redetermination of the contract terms, including the franchise
fee.
``(3) The period of a contract may be for a period greater than 10
years if the Secretary finds that a longer period is necessary for the
acquisition of possessory interest under section 6(c); except that in
no event may the period be greater than 15 years.
``(4) In entering contracts under this Act, consideration of
revenue to the United States shall be subordinate to the objectives of
protecting and preserving areas administered by the National Park
Service and of providing adequate and appropriate services for visitors
at reasonable rates.''.
(b) Repeal of Obligation of United States to Compensate for Loss of
Investment.--Paragraph (1) of section 3(a) of the National Park Service
Concessions Policy Act (16 U.S.C. 20b(a)) (as amended by subsection
(a)) is further amended by striking the last sentence and inserting the
following: ``Effective with respect to contracts entered into, renewed,
transferred, assigned, or renegotiated under this Act after the date of
enactment of this sentence, the United States shall not be obligated to
compensate the concessioner for such structures, fixtures, or
improvements.''.
(c) Franchise Fees.--Section 3(d) of the National Park Service
Concessions Policy Act (16 U.S.C. 20b(d)) is amended to read as
follows:
``(d) Franchise fees, however stated, shall be based on annual
gross receipts from the concession and shall not be less than 22.5
percent of the annual gross receipts from that concession. Provision
shall be made for reconsideration and possible readjustment of
franchise fees at least every 5 years unless the contract period is for
a lesser period of time.''.
(d) Utility Costs.--(1) Section 3 of the National Park Service
Concessions Policy Act (16 U.S.C. 20b) is amended by adding at the end
the following:
``(e) The concessioner shall be responsible for all utility costs
incurred by the concessioner in the operation of the concession under
contracts entered into, renewed, transferred, assigned, or renegotiated
under this Act after the date of enactment of this subsection.''.
(2) Paragraph 4 of the first section of the Act entitled ``An Act
to facilitate the management of the National Park System and
miscellaneous areas administered in connection with that System, and
for other purposes'' (16 U.S.C. 1b(4)) is amended by striking
``concessioners,''.
SEC. 3. REPEAL OF PREFERENTIAL RIGHTS AND POSSESSORY INTEREST.
(a) Additional Contracts.--Section 4 of the National Park Service
Concessions Policy Act (16 U.S.C. 20c) is amended by striking ``and may
grant to such concessioner a preferential right to provide such new or
additional accommodations, facilities, or services''.
(b) Renewal of Contracts.--(1) The first sentence of section 5 of
the National Park Service Concessions Policy Act is amended by striking
``giving preference in the renewal of contracts or permits and in the
negotiation of new contracts or permits to the''.
(2) Section 5 of the National Park Service Concessions Policy Act
is amended by adding at the end the following: ``The Secretary may not
give a preference in the renewal of contracts or permits under this
Act.''.
(c) Possessory Interests.--Section 6 of the National Park Service
Concessions Policy Act is amended--
(1) by inserting ``(a)'' after ``Sec. 6'';
(2) by inserting at the end of subsection (a) (as
designated by paragraph (1)) the following: ``This subsection
shall not apply to contracts entered into, renewed,
transferred, assigned, or renegotiated after the date of
enactment of this sentence.''; and
(3) by adding at the end the following:
``(b) Effective with respect to contracts entered into, renewed,
transferred, assigned, or renegotiated under this Act after the date of
enactment of this subsection, all right, title, and interest to any
structure, fixture, or improvement acquired or constructed on land
owned by the United States within an area administered by the National
Park Service shall vest in the United States.
``(c) The Secretary shall acquire any possessory interest
established before the date of enactment of this subsection relating to
any contract subject to subsection (a) with funds made available by
section 10(2). Possessory interests relating to a concession shall be
acquired before the end of the first contract period beginning after
the date of enactment of this subsection that relates to that
concession.
``(d) Except as provided in section 11 of the Act entitled `An Act
to establish the National Park Foundation', approved December 18, 1967,
the Secretary may not approve the direct or indirect transfer of the
possessory interest relating to a contract subject to this Act.''.
SEC. 4. AVAILABILITY OF AUDIT INFORMATION.
The first undesignated paragraph of section 9 of the National Park
Service Concessions Policy Act (16 U.S.C. 20g) is amended by adding at
the end the following: ``A record of each audit under this section
shall be available to the public in a manner that does not reveal trade
secrets and commercial or financial information that is privileged or
confidential.''.
SEC. 5. USE OF FRANCHISE FEES.
(a) In General.--The National Park Service Concessions Policy Act
is amended by adding at the end the following new section:
``SEC. 10. USE OF FRANCHISE FEES.
``All receipts from franchise fees, however stated, collected
pursuant to this Act after September 30, 1991, shall be covered into a
special account established in the Treasury of the United States.
Amounts covered into the account in a fiscal year shall be available
without further appropriation after the end of the fiscal year as
follows:
``(1) 2.5 percent of such receipts shall be available for
the purposes of section 3 of the National Park System Visitor
Facilities Fund Act.
``(2) 77.5 percent of the receipts shall be allocated among
the units of the National Park System in the same proportion as
franchise fees from a unit bears to the total amount collected
from all units under this section and shall be for capital and
resource management, interpretation, and conservation needs and
acquisition of possessory interest under section 6.
``(3) The remaining 20 percent shall be allocated among the
units of the National Park System on the basis of capital and
resource management, interpretation, and conservation need as
determined by the Director.''.
(b) Conforming Amendment.--Section 3 of the National Park System
Visitor Facilities Fund Act (16 U.S.C. 19bb) is amended by striking
``all National Park System concession fees, including franchise fees
and building user fees,'' and inserting ``2.5 percent of all National
Park System concession franchise fees and all National Park System
concession building user fees''.
(c) National Park Foundation.--The Act entitled ``An Act to
establish the National Park Foundation'' (16 U.S.C. 19c-19n) is amended
by adding at the end the following:
``Sec. 11. The Foundation is authorized to acquire the possessory
interest relating to a concession if that possessory interest, upon
acquisition by the Foundation, is transferred to the United States. For
the purpose of this section, the term `possessory interest' has the
meaning given such term under section 6 of the Act entitled `An Act
relating to the establishment of concession policies in the areas
administered by National Park Service and for other purposes', approved
October 9, 1965.''.
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