[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2121 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2121
To promote entrepreneurial management of the National Park Service, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17 (legislative day, May 16), 1994
Mr. Johnston (by request) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To promote entrepreneurial management of the National Park Service, 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.
This Act may be cited as the ``National Park Service
Entrepreneurial Management Reform Act''.
SEC. 2. FINDINGS.
In furtherance of the Act of August 25, 1916 (39 Stat. 535), as
amended (16 U.S.C. 1, 2-4), which directs the Secretary of the Interior
to administer areas of the National Park System in accordance with the
fundamental purpose of conserving the scenery, wildlife, natural and
historic objects, and providing for their enjoyment in a manner that
will leave them unimpaired for the enjoyment of future generations, the
Congress finds that--
(1) management of the National Park System requires
entrepreneurial strategies that will enable the National Park
Service to meet the increasing demands placed on the System by
the American public; and
(2) in order to preserve the natural and cultural resources
of the System for future generations and provide for
appropriate enjoyment of those resources, the National Park
Service must increase revenues by reforming the nature, level
and collection of fees, and increasing voluntary donations and
partnerships.
SEC. 3. DEFINITIONS.
As used in this Act, the term--
(1) ``park'' means a unit of the National Park System; and
(2) ``Secretary'' means the Secretary of the Interior.
SEC. 4. FEES.
(a) Admission Fees.--
(1) In general.--The Secretary shall establish reasonable
admission fees to be charged at units of the National Park
System where the Secretary determines that such fees are
appropriate and feasible.
(2) Annual passes.--For admission or entrance into any unit
of the National Park System designated by the Secretary
pursuant to this section, or into several specific units
located in a particular geographic area, or for entrance to all
units where an admission fee is charged, the Secretary is
authorized to make available annual admission permits for
reasonable fees to be determined by the Secretary.
(3) Single visits.--The Secretary shall establish
reasonable admission fees for a single visit at any unit of the
National Park System designated by the Secretary pursuant to
this section for persons who choose not to purchase an annual
pass.
(b) Recreation Use Fees.--The Secretary shall establish reasonable
fees for specialized outdoor recreation sites, facilities, equipment,
or services that are provided or furnished at Federal expense.
(c) Special Park Uses.--The Secretary shall establish reasonable
fees for uses of park units that require special arrangements including
permits. The fees shall cover all costs or providing necessary services
associated with special uses and shall be credited to the appropriation
current at that time.
(d) Retention of Fees.--(1) Except as provided below, fees
collected pursuant to subsections 4 (a) and (b) of this Act shall be
deposited in the special fund account established in section 4 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 1-
6a(i)(4)).
(2) Notwithstanding any other provision of law, beginning in fiscal
year 1995 and thereafter, an amount equal to 15 percent of the total
fees collected in the immediate preceding fiscal year pursuant to
subsections 4 (a) and (b) shall be deducted from the current year
collections and shall be deposited into a special fund established in
the Treasury of the United States titled ``Fee Collection Support--
National Park System'' and shall be available to the Secretary without
further appropriation to cover the costs of collection of the fees, to
remain available until expended.
(3) Notwithstanding any other provision of law, beginning in fiscal
year 1996 and thereafter, 50 percent of the difference in additional
receipts collected during the immediate preceding fiscal year as
compared to total receipts collected in fiscal year 1993 shall be
deducted from the current year collections and shall be covered into a
special fund established in the Treasury of the United States titled
``National Park Renewal Fund'', and shall be available to the Secretary
without further appropriation for infrastructure needs at parks,
including but not limited to facility refurbishment, repair and
replacement, resources protection, interpretive/educational media
(exhibits), and other infrastructure projects beneficial to park
resources, to remain available until expended.
(4) In fiscal year 1995 only, fees authorized to be collected
pursuant to subsections 4 (a) and (b) of this Act may be collected only
to the extent provided in advance in appropriations acts and shall be
credited to the appropriate special fund accounts described in this
Act. In addition, said fees shall be available for the purposes of this
Act only to the extent provided in advance in appropriations acts and
are authorized to be appropriated to remain available until expended.
In fiscal year 1996 and thereafter, fees collected as authorized to be
collected pursuant to subsections 4 (a) and (b) of this Act may be
collected as authorized by this Act and shall be available as provided
in this Act without further provision in appropriations acts.
(e) Use of Fees.--The Secretary shall develop procedures for the
use of these receipts that ensure accountability and demonstrated
results consistent with the purposes of this Act. The Secretary shall
report annually to Congress on the expenditure of funds from fees
collected, beginning after the first full fiscal year following
enactment of this Act.
(f) Discounts.--In establishing the fees authorized in this
section, the Secretary shall establish appropriate discounts for
educational groups, persons sixty-two years of age or older, or persons
who are blind or permanently disabled. The Secretary may also establish
criteria when the fees may be waived for these groups or individuals.
(g) Criteria.--All fees established pursuant to this section shall
be fair and equitable, taking into consideration the direct and
indirect cost to the Government, the benefits to the recipient, the
public policy or interest served, the comparable fees charged by non-
Federal public and private agencies, the economic and administrative
feasibility of fee collection and other pertinent factors. The
Secretary shall from time to time review the fees for consistency with
the provisions of this subsection and provide timely public notice of
any proposed changes in the fees.
SEC. 5. DONATIONS.
(a) Requests for Donations.--In addition to other authorities the
Secretary may have to accept the donation of lands, buildings, other
property, services, and moneys for the purposes of the National Park
System, the Secretary is authorized to solicit donations of money,
property, and services from individuals, corporations, foundations and
other potential donors who the Secretary believes would wish to make
such donations as an expression of support for the national parks. Such
donations may be accepted and used for any authorized purpose or
program of the National Park Service, and donations of money shall
remain available for expenditure without fiscal year limitation. Any
employees of the Department to whom this authority is delegated shall
be set forth in regulations issued by the Secretary pursuant to
paragraph (d).
(b) Employee Participation.--Employees of the National Park Service
may solicit donations only if the request is incidental to or in
support of, and does not interfere with their primary duty of
protecting and administering the parks or administering authorized
programs, and only for the purpose of providing a level of resource
protection, visitor facilities, or services for health and safety
projects, recurring maintenance activities, or for other routine
activities normally funded through annual agency appropriations. Such
requests must be in accordance with guidelines issued pursuant to
paragraph (d).
(c) Prohibitions.--(1) A donation may not be accepted in exchange
for a commitment to the donor on the part of the National Park Service
or which attaches conditions inconsistent with applicable laws and
regulations or that is conditioned upon or will require the expenditure
of appropriated funds that are not available to the Department, or
which compromises a criminal or civil position of the United States or
any of its departments or agencies or the administrative authority of
any agency of the United States.
(2) In utilizing the authorities contained in this section
employees of the National Park Service shall not directly conduct or
execute major fund raising campaigns, but may cooperate with others
whom the Secretary may designate to conduct such campaigns on behalf of
the National Park Service.
(d) Regulations and Guidance.--(1) The Secretary shall issue
regulations setting forth those positions to which he has delegated his
authority under paragraph (a) and the categories of employees of the
National Park Service that are authorized to request donations pursuant
to paragraph (b). Such regulations shall also set forth any limitations
on the types of donations that will be requested or accepted as well as
the sources of those donations.
(2) The Secretary shall publish guidelines which set forth the
criteria to be used in determining whether the solicitation or
acceptance of contributions of lands, buildings, other property,
services, moneys and other gifts or donations authorized by this
section would reflect unfavorably upon the ability of the Department of
the Interior or any employee to carry out its responsibilities or
official duties in a fair and objective manner, or would compromise the
integrity or the appearance of the integrity of its programs or any
official involved in those programs. The Secretary shall also issue
written guidance on the extent of the cooperation that may be provided
by National Park Service employees in any major fund raising campaign
which the Secretary has designated others to conduct pursuant to
paragraph (c)(2).
SEC. 6. CHALLENGE COST-SHARE AGREEMENTS.
(A) Agreements.--The Secretary is authorized to negotiate and enter
into challenge cost-share agreements with cooperators. For purposes of
this section, the term--
(1) ``challenge cost-share agreement'' means any agreement
entered into between the Secretary and any cooperator for the
purpose of sharing costs or services in carrying out authorized
functions and responsibilities of the Secretary with respect to
the National Park System; and
(2) ``cooperator'' means any State or local government,
public or private agency, organization, institution,
corporation, individual, or other entity.
(b) Use of Federal Funds.--In carrying out challenge cost-share
agreements, the Secretary is authorized, subject to appropriation, to
provide the Federal funding share from any funds available to the
National Park Service.
SEC. 7. COST RECOVERY FOR DAMAGE TO PARK RESOURCES.
Any funds payable to United States as restitution on account of
damage to park resources or property shall be paid to the Secretary.
Any such funds, and any other funds received by the Secretary as a
result of forfeiture, compromise, or settlement on account of damage to
park resources or property shall be available without appropriation and
may be expended by the Secretary without regard to fiscal year
limitation to improve, protect, or rehabilitate any park resources or
property which have been damaged by the action of a permittee or any
unauthorized person.
SEC. 8. CONSISTENCY WITH OTHER LAWS.
(a) Except as provided in subsection (b), to the extent that the
provisions of this Act are inconsistent with section 4 of the Land and
Water Conservation Act of 1965 as amended (16 U.S.C. 4601-6a) or any
other provision of law, including any provision that prohibits or
limits the charging of a reasonable recreation or other fee, the
provisions of this Act shall prevail.
(b) The following sections of the Land and Water Conservation Act
of 1965 as amended (16 U.S.C. 4601-6a) will apply to this Act:
(1) Rules and regulations; establishment; enforcement
powers; penalty for violations.--In accordance with the
provisions of this section, the Secretary may prescribe rules
and regulations for areas under his or her administration for
the collection of any fee established pursuant to this section.
Persons authorized to enforce any such rules or regulations
issued under this subsection may, within areas under the
administration or authority of the Secretary and with or, if
the offense is committed in his presence, without a warrant,
arrest any person who violates such rules and regulations. Any
person so arrested may be tried and sentenced by the United
States magistrate judge specifically designated for that
purpose by the court by which he was appointed, in the same
manner and subject to the same conditions as provided in
subsections (b), (c), (d), and (e) of section 3401 of title 18.
Any violations of the rules and regulations issued under this
subsection shall be punishable by a fine of not more than
$1000.
(2) Criteria, posting and uniformity of fees.--Clear notice
that a fee has been established pursuant to this section shall
be prominently posted at each area and at appropriate locations
therein and shall be included in publications distributed at
such areas.
(3) Contracts with public or private entities for visitor
reservation services.--The Secretary, under such terms and
conditions as he deems appropriate, may contract with any
public or private entity to provide visitor reservation
services. Any such contract may provide that the contractor
shall be permitted to deduct a commission to be fixed by the
agency head from the amount charged the public for providing
such services and to remit the net proceeds therefrom to the
contracting agency.
(4) Federal and state laws unaffected.--Nothing in this Act
shall authorize Federal hunting or fishing licenses or fees or
charges for commercial or other activities not related to
recreation, nor shall it affect any rights or authority of the
States with respect to fish and wildlife, nor shall it repeal
or modify any provision of law that permits States or political
subdivisions to share in the revenues from Federal lands or any
provision of law that provides that any fees or charges
collected at particular Federal areas shall be used for or
credited to specific purposes or special funds as authorized by
that provision of law.
(5) Selling of permits and collection of fees by volunteers
at designated areas; collecting agency duties; surety bonds;
selling of annual admission permits by public and private
entities under arrangements with collecting agency head.--When
authorized by the Secretary, volunteers at designated areas may
sell permits and collect fees authorized or established
pursuant to this section. The Secretary shall ensure that such
volunteers have adequate training regarding--
(A) the sale of permits and the collection of fees,
(B) the purposes and resources of the areas in
which they are assigned, and
(C) the provision of assistance and information to
visitors to the designated area.
The Secretary shall require a surety bond for any such
volunteer performing services under this subsection. Funds
available to the collecting agency may be used to cover the
cost of any such surety bond. The head of the collecting agency
may enter into arrangements with qualified public or private
entities pursuant to which such entities may sell (without cost
to the United States) annual admission permits (including
Golden Eagle Passports) at any appropriate location.
<all>