[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2590 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2590
To advance the purposes of the Lewis and Clark National Historic Trail
Interpretive Center, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 10, 2014
Mr. Tester (for himself and Mr. Walsh) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To advance the purposes of the Lewis and Clark National Historic Trail
Interpretive Center, 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 ``Lewis and Clark National Historic
Trail Interpretive Center Act of 2014''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to provide for a pilot program of public-private
partnership regarding the operation of the Lewis and Clark
National Historic Trail Interpretive Center;
(2) to promote the use and development of the Interpretive
Center by the Lewis & Clark Foundation, in support of the
purposes of Public Law 100-552 (102 Stat. 2766);
(3) to allow and promote use of the Interpretive Center,
with the goal of achieving financial self-sustainability; and
(4) to authorize the Secretary of Agriculture to
participate and cooperate in the operation of the Interpretive
Center as necessary or desirable to promote--
(A) the conservation and management of United
States public land;
(B) the use, understanding, and enjoyment of--
(i) the Interpretive Center; and
(ii) natural resources and natural history;
and
(C) interpretation of the historical events
associated with--
(i) the Lewis and Clark Expedition;
(ii) Native Americans; and
(iii) the American West.
SEC. 3. DEFINITIONS.
In this Act:
(1) Foundation.--The term ``Foundation'' means the Lewis &
Clark Foundation, a nonprofit corporation existing under the
laws of the State (or any successor in interest to that
foundation).
(2) Grant deed.--The term ``Grant Deed'' means the
instrument that--
(A) conveys to the United States from the Montana
Department of Fish, Wildlife and Parks a parcel of land
comprising 27.29 acres, as depicted on the Map and
located in Cascade County, Montana;
(B) comprises 8 pages recorded in the land records
of Cascade County as document numbered R0040589; and
(C) is dated June 6, 2002.
(3) Interpretive center.--
(A) In general.--The term ``Interpretive Center''
means the Lewis and Clark National Historic Trail
Interpretive Center, located in Great Falls, Montana.
(B) Inclusions.--The term ``Interpretive Center''
includes all land, buildings, and fixtures associated
with the center described in subparagraph (A).
(4) Map.--The term ``Map'' means the map entitled ``Lewis
and Clark Interpretive Center, Tract No. 1 of the Certificate
of Survey #3942'', filed on April 18, 2002, in the offices of
the Clerk and Recorder, Cascade County, Montana.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) State.--The term ``State'' means the State of Montana.
SEC. 4. AMENDMENTS.
Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) is
amended--
(1) in section 2--
(A) in subsection (b), in the first sentence, by
striking ``donated'' and inserting ``conveyed''; and
(B) by striking subsection (c); and
(2) in section 3(a), by striking the second sentence.
SEC. 5. RATIFICATION OF PRIOR CONVEYANCE.
Notwithstanding section 2 of Public Law 100-552 (16 U.S.C. 1244
note; 102 Stat. 2766), the Grant Deed is ratified in accordance with
the terms of the Grant Deed.
SEC. 6. CONVEYANCE BY LEASE.
(a) Pilot Project.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, without further administrative
procedures, reviews, or analyses and subject to valid existing
rights of record, the Secretary shall carry out a pilot project
under which the Secretary shall offer to lease to the
Foundation, for no consideration, the land and improvements
comprising the Federal interest in the Interpretive Center,
including the real property depicted on the Map and conveyed by
the Grant Deed.
(2) Timing.--At any time, the Secretary and the Foundation
may agree to the lease of all or any portion of the property
described in paragraph (1)--
(A) at 1 time; or
(B) in phases over time.
(3) Personal property conveyance.--The Secretary may
convey, by deed of gift or lease to the Foundation, for no
consideration, such furniture, equipment, and other personal
property as the Secretary and the Foundation agree to be
appropriate, including any property that has been used in
connection with the operation and maintenance of the
Interpretive Center on or before the date of enactment of this
Act.
(b) Terms and Conditions.--
(1) Term.--The lease under subsection (a) shall be--
(A) for a primary term of not more than 40 years;
and
(B) renewable for additional terms of not more than
40 years each, in accordance with such terms and
conditions as the Secretary and the Foundation agree to
be appropriate.
(2) Condition.--The Secretary--
(A) shall lease any real or personal property
pursuant to this section in the existing condition of
the property; and
(B) has no obligation to repair or replace any such
property or improvement.
(3) Requirements.--
(A) In general.--The terms of any lease, lease
modification, or lease renewal under this section shall
be consistent with the requirements of this Act.
(B) Other terms and conditions.--The lease may
contain such other terms and conditions including
provisions relating to--
(i) the partial occupancy and use at
reduced or no charges by the Forest Service,
other Federal departments or agencies, and any
other entities referred to in Public Law 100-
552 (16 U.S.C. 1244 note; 102 Stat. 2766);
(ii) capital improvements made by the
Foundation, the title to which shall vest in
the United States on termination of the lease,
unless otherwise agreed to by the Secretary and
the Foundation; and
(iii) the upkeep and maintenance of any
appropriate facilities by the Foundation.
(4) Modifications.--The lease may be modified from time to
time by mutual written agreement of the Secretary and the
Foundation.
(5) Termination.--The lease under subsection (a) shall be
terminable by the Secretary in any case in which the Secretary
determines that the Interpretive Center is--
(A) destroyed by fire or act of God such that the
Interpretive Center cannot continue operating, and the
Foundation has elected not to construct or reconstruct
any necessary improvements;
(B) attempted to be sold, mortgaged, or used as
security for indebtedness;
(C) abandoned or ceases to be used for the purposes
of the lease for a consecutive period of 1 year, unless
otherwise agreed to by the Foundation and the
Secretary; or
(D) used in a manner that is inconsistent with the
terms of the lease.
(c) Administrative Actions.--The Regional Forester, Northern
Region, of the Forest Service may act on behalf of the Secretary in
carrying out this Act.
(d) Reservation of Rights in United States.--
(1) In general.--At all times, the United States shall
reserve the right to locate, develop, and use the Interpretive
Center for other uses by the Federal Government that are
compatible with the purposes and operation of Interpretive
Center.
(2) Consultation required.--The Foundation shall be
consulted prior to any development or use under paragraph (1).
(e) Insurance.--
(1) In general.--The Foundation shall maintain general
liability insurance for the duration of the lease under this
section, in such amount as is agreed to by the Secretary and
the Foundation.
(2) Requirement.--The United States shall be named as an
additional insured under the policy.
SEC. 7. USE BY FOUNDATION.
The lease under this Act--
(1) shall permit the Foundation to assume stewardship
responsibilities for the Interpretive Center, including
through--
(A) the sale of souvenirs and merchandise;
(B) the provision of food and visitor services;
(C) the rental of facilities for short-term events;
and
(D) the assessment of admission and use fees in an
amount determined by the Foundation; and
(2) may permit the Foundation, with prior written approval
of the Secretary--
(A) to construct or renovate any applicable
improvements; and
(B) to sublet any space or facility for any use
that is compatible with the purposes of the
Interpretive Center.
SEC. 8. MONETARY PROVISIONS.
(a) Admission and Use Fees.--The Foundation shall have sole
discretion to establish and charge admission and use fees for the
Interpretive Center.
(b) Receipts.--The Foundation may retain and use all amounts
generated from the operation of the Interpretive Center, including
through--
(1) the sale of merchandise; and
(2) the assessment of admission and use fees.
(c) Accounts.--
(1) In general.--The Foundation shall maintain documents
and accounts that are--
(A) prepared by an accountant certified or licensed
by a State regulatory authority; and
(B) prepared in accordance with generally accepted
accounting principles.
(2) Inspection.--All documents and accounts of the
Foundation shall be open to inspection by--
(A) the Secretary; and
(B) other appropriate Federal officials.
(d) State and Local Taxes.--
(1) In general.--The Interpretive Center shall be
considered to be Federal property for purposes of taxation by
the State government and units of local government.
(2) Effect of act.--Nothing in this Act exempts the
Foundation or the Interpretive Center from the collection and
payment of any sales or excise tax.
(e) Federal Assistance.--
(1) In general.--Subject to the availability of
appropriated funds, the Secretary may provide to the Foundation
(including through a cooperative agreement under section 9)
such sums as the Secretary determines to be appropriate for--
(A) startup costs; and
(B) subsequent maintenance and operational
expenses.
(2) Other federal assistance.--The Foundation may apply for
and receive any Federal grant or other form of Federal
assistance for which the Foundation is otherwise eligible,
notwithstanding the status of the Foundation as a lessee of, or
cooperator with, the United States.
SEC. 9. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary and the Foundation at any time may
enter into any cooperative agreement to provide Federal financial or
other assistance at the Interpretive Center relating to--
(1) the use of Forest Service employees for interpretive or
educational services;
(2) the use of equipment;
(3) the training of staff and volunteers;
(4) the provision of interpretive services, including
displays, educational programs, and similar information;
(5) maintenance and operational expenses; and
(6) any other activity that the Foundation and the
Secretary determine to be in support of the purposes of Public
Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and this Act.
(b) Effect of Act.--Nothing in this Act precludes the use of other
cooperative authorities of the Secretary, including the National Trails
System Act (16 U.S.C. 1241 et seq.).
SEC. 10. RELATIONSHIP TO OTHER LAWS.
(a) Public Law 100-552.--
(1) In general.--Except as provided in section 4, Public
Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) shall remain
in force and effect.
(2) Conflicts.--If a conflict arises between Public Law
100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) and any provision
of this Act, the provision of this Act shall prevail.
(b) Fees and Charges.--The Foundation and the operation of the
Interpretive Center shall not be subject to the requirements of Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) or any other
law relating to the charging of admission or use fees on Federal land
or facilities.
(c) Federal Laws and Regulations.--
(1) In general.--Notwithstanding the lease under this Act,
the Interpretive Center shall continue to be subject to the
laws and regulations relating to the National Forest System,
unless any such law or regulation is inconsistent with Public
Law 100-552 (16 U.S.C. 1244 note; 102 Stat. 2766) or this Act.
(2) Regulations.--No provision contained in subpart B of
part 251 of title 36, Code of Federal Regulations (as in effect
on the date of enactment of this Act), shall apply to the lease
authorized by this Act, unless such a provision is incorporated
in the lease by agreement of the Secretary and the Foundation.
SEC. 11. REPORTS TO CONGRESS.
(a) In General.--The Secretary and the Foundation each may submit
to Congress, from time to time, reports regarding the status of the
pilot project authorized by this Act, including--
(1) an assessment of the lease under the pilot project; and
(2) such recommendations as the Secretary or the Foundation
determine to be necessary or appropriate for the continued
management of the Interpretive Center.
(b) Applicability.--The Secretary may advise Congress with respect
to the potential applicability of the pilot project under this Act to
other interpretive centers within the National Forest System.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as are necessary to carry out--
(1) this Act; and
(2) Public Law 100-552 (16 U.S.C. 1244 note; 102 Stat.
2766).
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