P.L 105 - 391, Section 407

PUBLIC LAW 105–391—NOV. 13, 1998

112 STAT. 3497

Public Law 105–391
105th Congress
An Act
To provide for improved management and increased accountability for certain National Park Service programs, 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; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘National
Parks Omnibus Management Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
TITLE I—NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,
AND MANAGEMENT
Sec. 101. Protection, interpretation, and research in the National Park System.
Sec. 102. National Park Service employee training.
Sec. 103. Management development and training.
Sec. 104. Park budgets and accountability.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE II—NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
201. Purposes.
202. Research mandate.
203. Cooperative agreements.
204. Inventory and monitoring program.
205. Availability for scientific study.
206. Integration of study results into management decisions.
207. Confidentiality of information.

TITLE III—STUDY REGARDING ADDITION OF NEW NATIONAL PARK
SYSTEM AREAS
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Study of addition of new National Park System areas.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE IV—NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
401. Short title.
402. Congressional findings and statement of policy.
403. Award of concessions contracts.
404. Term of concessions contracts.
405. Protection of concessioner investment.
406. Reasonableness of rates.
407. Franchise fees.
408. Transfer of concessions contracts.
409. National Park Service Concessions Management Advisory Board.
410. Contracting for services.
411. Multiple contracts within a park.
412. Special rule for transportation contracting services.

Nov. 13, 1998
[S. 1693]
National Parks
Omnibus
Management Act
of 1998.
16 USC 5901
note.

112 STAT. 3498
Sec.
Sec.
Sec.
Sec.

PUBLIC LAW 105–391—NOV. 13, 1998
413.
414.
415.
416.

Use of nonmonetary consideration in concessions contracts.
Recordkeeping requirements.
Repeal of National Park Service Concessions Policy Act.
Promotion of the sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts.
Sec. 417. Regulations.
Sec. 418. Commercial use authorizations.
Sec. 419. Savings provision.
TITLE V—FEES FOR USE OF NATIONAL PARK SYSTEM
Sec. 501. Fees.
Sec. 502. Distribution of golden eagle passport sales.
Sec.
Sec.
Sec.
Sec.
Sec.

601.
602.
603.
604.
605.

TITLE VI—NATIONAL PARK PASSPORT PROGRAM
Purposes.
National Park passport program.
Administration.
Foreign sales of Golden Eagle Passports.
Effect on other laws and programs.

TITLE VII—NATIONAL PARK FOUNDATION SUPPORT
Sec. 701. Promotion of local fundraising support.
TITLE VIII—MISCELLANEOUS PROVISIONS
Sec. 801. United States Park Police.
Sec. 802. Leases and cooperative management agreements.
16 USC 5901.

SEC. 2. DEFINITION.

As used in this Act, the term ‘‘Secretary’’ means the Secretary
of the Interior, except as otherwise specifically provided.

TITLE I—NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING, AND
MANAGEMENT
16 USC 5911.

SEC. 101. PROTECTION, INTERPRETATION, AND RESEARCH IN THE
NATIONAL PARK SYSTEM.

Recognizing the ever increasing societal pressures being placed
upon America’s unique natural and cultural resources contained
in the National Park System, the Secretary shall continually
improve the ability of the National Park Service to provide stateof-the-art management, protection, and interpretation of and
research on the resources of the National Park System.
16 USC 5912.

SEC. 102. NATIONAL PARK SERVICE EMPLOYEE TRAINING.

The Secretary shall develop a comprehensive training program
for employees in all professional careers in the work force of the
National Park Service for the purpose of assuring that the work
force has available the best, up-to-date knowledge, skills and abilities with which to manage, interpret and protect the resources
of the National Park System.
16 USC 5913.

SEC. 103. MANAGEMENT DEVELOPMENT AND TRAINING.

Within 2 years after the enactment of this Act, the Secretary
shall develop a clear plan for management training and development, whereby career, professional National Park Service employees
from any appropriate academic field may obtain sufficient training,
experience, and advancement opportunity to enable those qualified
to move into park management positions, including explicitly the
position of superintendent of a unit of the National Park System.

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112 STAT. 3499

SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.

16 USC 5914.

(a) STRATEGIC AND PERFORMANCE PLANS FOR EACH UNIT.—
Each unit of the National Park System shall prepare and make
available to the public a 5-year strategic plan and an annual
performance plan. Such plans shall reflect the National Park Service
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 (Public Law 103–62; 107
Stat. 285).
(b) ANNUAL BUDGET FOR EACH UNIT.—As a part of the annual
performance plan for a unit of the National Park System prepared
pursuant to subsection (a), following receipt of the appropriation
for the unit from the Operations of the National Park System
account (but no later than January 1 of each year), the superintendent of the unit shall develop and make available to the public
the budget for the current fiscal year for that unit. The budget
shall include, at a minimum, funding allocations for resource
preservation (including resource management), visitor services
(including maintenance, interpretation, law enforcement, and search
and rescue) and administration. The budget shall also include
allocations into each of the above categories of all funds retained
from fees collected for that year, including (but not limited to)
special use permits, concession franchise fees, and recreation use
and entrance fees.

Public
information.

TITLE II—NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT
SEC. 201. PURPOSES.

16 USC 5931.

The purposes of this title are—
(1) to more effectively achieve the mission of the National
Park Service;
(2) to enhance management and protection of national park
resources by providing clear authority and direction for the
conduct of scientific study in the National Park System and
to use the information gathered for management purposes;
(3) to ensure appropriate documentation of resource conditions in the National Park System;
(4) to encourage others to use the National Park System
for study to the benefit of park management as well as broader
scientific value, where such study is consistent with the Act
of August 25, 1916 (commonly known as the National Park
Service Organic Act; 16 U.S.C. 1 et seq.); and
(5) to encourage the publication and dissemination of
information derived from studies in the National Park System.
SEC. 202. RESEARCH MANDATE.

The Secretary is authorized and directed to assure that management of units of the National Park System is enhanced by the
availability and utilization of a broad program of the highest quality
science and information.

16 USC 5932.

112 STAT. 3500
16 USC 5933.

Deadline.

16 USC 5934.

PUBLIC LAW 105–391—NOV. 13, 1998

SEC. 203. COOPERATIVE AGREEMENTS.

(a) COOPERATIVE STUDY UNITS.—The Secretary is authorized
and directed to enter into cooperative agreements with colleges
and universities, including but not limited to land grant schools,
in partnership with other Federal and State agencies, to establish
cooperative study units to conduct multi-disciplinary research and
develop integrated information products on the resources of the
National Park System, or the larger region of which parks are
a part.
(b) REPORT.—Within one year of the date of enactment of this
title, the Secretary shall report to the Committee on Energy and
Natural Resources of the United States Senate and the Committee
on Resources of the House of Representatives 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 units of the National Park System and their larger regions.
SEC. 204. INVENTORY AND MONITORING PROGRAM.

The Secretary shall undertake a program of inventory and
monitoring of National Park System resources to establish baseline
information and to provide information on the long-term trends
in the condition of National Park System resources. The monitoring
program shall be developed in cooperation with other Federal monitoring and information collection efforts to ensure a cost-effective
approach.
16 USC 5935.

SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY.

(a) IN GENERAL.—The Secretary may solicit, receive, and consider requests from Federal or non-Federal public or private agencies, organizations, individuals, or other entities for the use of
any unit of the National Park System for purposes of scientific
study.
(b) CRITERIA.—A request for use of a unit of the National
Park System under subsection (a) may only be approved if the
Secretary determines that the proposed study—
(1) is consistent with applicable laws and National Park
Service management policies; and
(2) will be conducted in a manner as to pose no threat
to park resources or public enjoyment derived from those
resources.
(c) FEE WAIVER.—The Secretary may waive any park admission
or recreational use fee in order to facilitate the conduct of scientific
study under this section.
(d) NEGOTIATIONS.—The Secretary may enter into negotiations
with the research community and private industry for equitable,
efficient benefits-sharing arrangements.
16 USC 5936.

SEC. 206. INTEGRATION OF STUDY RESULTS INTO MANAGEMENT
DECISIONS.

The Secretary shall take such measures as are necessary to
assure the full and proper utilization of the results of scientific
study for park management decisions. In each case in which an
action undertaken by the National Park Service may cause a significant adverse effect on a park resource, the administrative record
shall reflect the manner in which unit resource studies have been
considered. The trend in the condition of resources of the National
Park System shall be a significant factor in the annual performance

PUBLIC LAW 105–391—NOV. 13, 1998

112 STAT. 3501

evaluation of each superintendent of a unit of the National Park
System.
SEC. 207. CONFIDENTIALITY OF INFORMATION.

16 USC 5937.

Information concerning the nature and specific location of a
National Park System resource which is endangered, threatened,
rare, or commercially valuable, of mineral or paleontological objects
within units of the National Park System, or of objects of cultural
patrimony within units of the National Park System, may be withheld from the public in response to a request under section 552
of title 5, United States Code, unless the Secretary determines
that—
(1) disclosure of the information would further the purposes
of the unit of the National Park System in which the resource
or object is located and would not create an unreasonable
risk of harm, theft, or destruction of the resource or object,
including individual organic or inorganic specimens; and
(2) disclosure is consistent with other applicable laws
protecting the resource or object.

TITLE III—STUDY REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS

National Park
System New
Areas Studies
Act.

SEC. 301. SHORT TITLE.

16 USC 1 note.

This title may be cited as the ‘‘National Park System New
Areas Studies Act’’.
SEC. 302. PURPOSE.

It is the purpose of this title to reform the process by which
areas are considered for addition to the National Park System.

16 USC 1a–5
note.

SEC. 303. STUDY OF ADDITION OF NEW NATIONAL PARK SYSTEM
AREAS.

Section 8 of Public Law 91–383 (commonly known as the
National Park System General Authorities Act; 16 U.S.C. 1a–5)
is amended as follows:
(1) By inserting ‘‘GENERAL AUTHORITY.—’’ after ‘‘(a)’’.
(2) By striking the second through the sixth sentences
of subsection (a).
(3) By redesignating the last two sentences of subsection
(a) as subsection (f) and inserting in the first of such sentences
before the words ‘‘For the purposes of carrying’’ the following:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—’’.
(4) By inserting the following after subsection (a):
‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDITION.—(1) At the
beginning of each calendar year, along with the annual budget
submission, the Secretary shall submit to the Committee on
Resources of the House of Representatives and to the Committee
on Energy and Natural Resources of the United States Senate
a list of areas recommended for study for potential inclusion in
the National Park System.
‘‘(2) In developing the list to be submitted under this subsection,
the Secretary shall consider—

Records.

112 STAT. 3502

PUBLIC LAW 105–391—NOV. 13, 1998

‘‘(A) those areas that have the greatest potential to meet
the established criteria of national significance, suitability, and
feasibility;
‘‘(B) themes, sites, and resources not already adequately
represented in the National Park System; and
‘‘(C) public petition and Congressional resolutions.
‘‘(3) No study of the potential of an area for inclusion in the
National Park System may be initiated after the date of enactment
of this subsection, except as provided by specific authorization of
an Act of Congress.
‘‘(4) Nothing in this Act shall limit the authority of the National
Park Service to conduct preliminary resource assessments, gather
data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys
of individual areas requiring a total expenditure of less than
$25,000.
‘‘(5) Nothing in this section shall be construed to apply to
or to affect or alter the study of any river segment for potential
addition to the national wild and scenic rivers system or to apply
to or to affect or alter the study of any trail for potential addition
to the national trails system.
‘‘(c) REPORT.—(1) The Secretary shall complete the study for
each area for potential inclusion in the National Park System
within 3 complete fiscal years following the date on which funds
are first made available for such purposes. Each study under this
section shall be prepared with appropriate opportunity for public
involvement, including at least one public meeting in the vicinity
of the area under study, and after reasonable efforts to notify
potentially affected landowners and State and local governments.
‘‘(2) In conducting the study, the Secretary shall consider
whether the area under study—
‘‘(A) possesses nationally significant natural or cultural
resources and represents one of the most important examples
of a particular resource type in the country; and
‘‘(B) is a suitable and feasible addition to the system.
‘‘(3) Each study—
‘‘(A) shall consider the following factors with regard to
the area being studied—
‘‘(i) the rarity and integrity of the resources;
‘‘(ii) the threats to those resources;
‘‘(iii) similar resources are already protected in the
National Park System or in other public or private ownership;
‘‘(iv) the public use potential;
‘‘(v) the interpretive and educational potential;
‘‘(vi) costs associated with acquisition, development and
operation;
‘‘(vii) the socioeconomic impacts of any designation;
‘‘(viii) the level of local and general public support;
and
‘‘(ix) whether the area is of appropriate configuration
to ensure long-term resource protection and visitor use;
‘‘(B) shall consider whether direct National Park Service
management or alternative protection by other public agencies
or the private sector is appropriate for the area;

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112 STAT. 3503

‘‘(C) shall identify what alternative or combination of alternatives would in the professional judgment of the Director
of the National Park Service be most effective and efficient
in protecting significant resources and providing for public
enjoyment; and
‘‘(D) may include any other information which the Secretary
deems to be relevant.
‘‘(4) Each study shall be completed in compliance with the
National Environmental Policy Act of 1969.
‘‘(5) The letter transmitting each completed study to Congress
shall contain a recommendation regarding the Secretary’s preferred
management option for the area.
‘‘(d) NEW AREA STUDY OFFICE.—The Secretary shall designate
a single office to be assigned to prepare all new area studies
and to implement other functions of this section.
‘‘(e) LIST OF AREAS.—At the beginning of each calendar year,
along with the annual budget submission, the Secretary shall submit to the Committee on Resources of the House of Representatives
and to the Committee on Energy and Natural Resources of the
Senate a list of areas which have been previously studied which
contain primarily historical resources, and a list of areas which
have been previously studied which contain primarily natural
resources, in numerical order of priority for addition to the National
Park System. In developing the lists, the Secretary should consider
threats to resource values, cost escalation factors, and other factors
listed in subsection (c) of this section. The Secretary should only
include on the lists areas for which the supporting data is current
and accurate.’’.
(5) By adding at the end of subsection (f) (as designated
by paragraph (3) of this section) the following: ‘‘For carrying
out subsections (b) through (d) there are authorized to be appropriated $2,000,000 for each fiscal year.’’.

TITLE IV—NATIONAL PARK SERVICE
CONCESSIONS MANAGEMENT
This title may be cited as the ‘‘National Park Service Concessions Management Improvement Act of 1998’’.

National Park
Service
Concessions
Management
Improvement Act
of 1998.
Contracts.
16 USC 5901
note.

SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF POLICY.

16 USC 5951.

SEC. 401. SHORT TITLE.

(a) FINDINGS.—In furtherance of the Act of August 25, 1916
(commonly known as the National Park Service Organic Act; 16
U.S.C. 1 et seq.), which directs the Secretary to administer units
of the National Park System in accordance with the fundamental
purpose of conserving their scenery, wildlife, and 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 hereby finds that the preservation and conservation
of park resources and values requires that such public accommodations, facilities, and services as have to be provided within such
units should be provided only under carefully controlled safeguards
against unregulated and indiscriminate use, so that—
(1) visitation will not unduly impair these resources and
values; and

112 STAT. 3504

PUBLIC LAW 105–391—NOV. 13, 1998

(2) development of public accommodations, facilities, and
services within such units can best be limited to locations
that are consistent to the highest practicable degree with the
preservation and conservation of the resources and values of
such units.
(b) POLICY.—It is the policy of the Congress that the development of public accommodations, facilities, and services in units
of the National Park System shall be limited to those accommodations, facilities, and services that—
(1) are necessary and appropriate for public use and enjoyment of the unit of the National Park System in which they
are located; and
(2) are consistent to the highest practicable degree with
the preservation and conservation of the resources and values
of the unit.
16 USC 5952.

SEC. 403. AWARD OF CONCESSIONS CONTRACTS.

In furtherance of the findings and policy stated in section
402, and except as provided by this title or otherwise authorized
by law, the Secretary shall utilize concessions contracts to authorize
a person, corporation, or other entity to provide accommodations,
facilities, and services to visitors to units of the National Park
System. Such concessions contracts shall be awarded as follows:
(1) COMPETITIVE SELECTION PROCESS.—Except as otherwise
provided in this section, all proposed concessions contracts shall
be awarded by the Secretary to the person, corporation, or
other entity submitting the best proposal, as determined by
the Secretary through a competitive selection process. Such
competitive process shall include simplified procedures for
small, individually-owned, concessions contracts.
(2) SOLICITATION OF PROPOSALS.—Except as otherwise provided in this section, prior to awarding a new concessions
contract (including renewals or extensions of existing concessions contracts) the Secretary shall publicly solicit proposals
for the concessions contract and, in connection with such solicitation, the Secretary shall prepare a prospectus and shall publish notice of its availability at least once in local or national
newspapers or trade publications, and/or the Commerce Business Daily, as appropriate, and shall make the prospectus
available upon request to all interested parties.
(3) PROSPECTUS.—The prospectus shall include the following information:
(A) The minimum requirements for such contract as
set forth in paragraph (4).
(B) The terms and conditions of any existing concessions contract relating to the services and facilities to be
provided, including all fees and other forms of compensation
provided to the United States by the concessioner.
(C) Other authorized facilities or services which may
be provided in a proposal.
(D) Facilities and services to be provided by the Secretary to the concessioner, if any, including public access,
utilities, and buildings.
(E) An estimate of the amount of compensation, if
any, due an existing concessioner from a new concessioner
under the terms of a prior concessions contract.

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112 STAT. 3505

(F) A statement as to the weight to be given to each
selection factor identified in the prospectus and the relative
importance of such factors in the selection process.
(G) Such other information related to the proposed
concessions operation as is provided to the Secretary pursuant to a concessions contract or is otherwise available to
the Secretary, as the Secretary determines is necessary
to allow for the submission of competitive proposals.
(H) Where applicable, a description of a preferential
right to the renewal of the proposed concessions contract
held by an existing concessioner as set forth in paragraph
(7).
(4) MINIMUM REQUIREMENTS.—(A) No proposal shall be
considered which fails to meet the minimum requirements as
determined by the Secretary. Such minimum requirements
shall include the following:
(i) The minimum acceptable franchise fee or other
forms of consideration to the Government.
(ii) Any facilities, services, or capital investment
required to be provided by the concessioner.
(iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the unit of the
National Park System.
(B) The Secretary shall reject any proposal, regardless of
the franchise fee offered, if the Secretary determines that the
person, corporation, or entity is not qualified, is not likely
to provide satisfactory service, or that the proposal is not
responsive to the objectives of protecting and preserving
resources of the unit of the National Park System and of
providing necessary and appropriate facilities and services to
the public at reasonable rates.
(C) If all proposals submitted to the Secretary either fail
to meet the minimum requirements or are rejected by the
Secretary, the Secretary shall establish new minimum contract
requirements and re-initiate the competitive selection process
pursuant to this section.
(D) The Secretary may not execute a concessions contract
which materially amends or does not incorporate the proposed
terms and conditions of the concessions contract as set forth
in the applicable prospectus. If proposed material amendments
or changes are considered appropriate by the Secretary, the
Secretary shall resolicit offers for the concessions contract incorporating such material amendments or changes.
(5) SELECTION OF THE BEST PROPOSAL.—(A) In selecting
the best proposal, the Secretary shall consider the following
principal factors:
(i) The responsiveness of the proposal to the objectives
of protecting, conserving, and preserving resources of the
unit of the National Park System and of providing necessary and appropriate facilities and services to the public
at reasonable rates.
(ii) The experience and related background of the person, corporation, or entity submitting the proposal, including the past performance and expertise of such person,
corporation or entity in providing the same or similar facilities or services.

112 STAT. 3506

Applicability.

PUBLIC LAW 105–391—NOV. 13, 1998
(iii) The financial capability of the person, corporation,
or entity submitting the proposal.
(iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate
to the objectives of protecting, conserving, and preserving
resources of the unit of the National Park System and
of providing necessary and appropriate facilities to the
public at reasonable rates.
(B) The Secretary may also consider such secondary factors
as the Secretary deems appropriate.
(C) In developing regulations to implement this title, the
Secretary shall consider the extent to which plans for employment of Indians (including Native Alaskans) and involvement
of businesses owned by Indians, Indian tribes, or Native Alaskans in the operation of a concession, contracts should be
identified as a factor in the selection of a best proposal under
this section.
(6) CONGRESSIONAL NOTIFICATION.—The Secretary shall
submit any proposed concessions contract with anticipated
annual gross receipts in excess of $5,000,000 or a duration
of more than 10 years to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate. The Secretary shall not award
any such proposed contract until at least 60 days subsequent
to the notification of both committees.
(7) PREFERENTIAL RIGHT OF RENEWAL.—(A) Except as provided in subparagraph (B), the Secretary shall not grant a
concessioner a preferential right to renew a concessions contract, or any other form of preference to a concessions contract.
(B) The Secretary shall grant a preferential right of renewal
to an existing concessioner with respect to proposed renewals
of the categories of concessions contracts described by paragraph (8), subject to the requirements of that paragraph.
(C) As used in this title, the term ‘‘preferential right of
renewal’’ means that the Secretary, subject to a determination
by the Secretary that the facilities or services authorized by
a prior contract continue to be necessary and appropriate within
the meaning of section 402, shall allow a concessioner qualifying
for a preferential right of renewal the opportunity to match
the terms and conditions of any competing proposal which
the Secretary determines to be the best proposal for a proposed
new concessions contract which authorizes the continuation
of the facilities and services provided by the concessioner under
its prior contract.
(D) A concessioner which successfully exercises a preferential right of renewal in accordance with the requirements
of this title shall be entitled to award of the proposed new
concessions contract to which such preference applies.
(8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.—(A) The provisions of paragraph (7) shall apply only
to the following:
(i) Subject to subparagraph (B), outfitting and guide
concessions contracts.
(ii) Subject to subparagraph (C), concessions contracts
with anticipated annual gross receipts under $500,000.
(B) For the purposes of this title, an ‘‘outfitting and guide
concessions contract’’ means a concessions contract which solely

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112 STAT. 3507

authorizes the provision of specialized backcountry outdoor
recreation guide services which require the employment of specially trained and experienced guides to accompany park visitors in the backcountry so as to provide a safe and enjoyable
experience for visitors who otherwise may not have the skills
and equipment to engage in such activity. Outfitting and guide
concessioners, where otherwise qualified, include concessioners
which provide guided river running, hunting, fishing, horseback, camping, and mountaineering experiences. An outfitting
and guide concessioner is entitled to a preferential right of
renewal under this title only if—
(i) the contract with the outfitting and guide concessioner does not grant the concessioner any interest, including any leasehold surrender interest or possessory interest,
in capital improvements on lands owned by the United
States within a unit of the National Park System, other
than a capital improvement constructed by a concessioner
pursuant to the terms of a concessions contract prior to
the date of the enactment of this title or constructed or
owned by a concessioner or his or her predecessor before
the subject land was incorporated into the National Park
System;
(ii) the Secretary determines that the concessioner has
operated satisfactorily during the term of the contract
(including any extension thereof); and
(iii) the concessioner has submitted a responsive proposal for a proposed new contract which satisfies the minimum requirements established by the Secretary pursuant
to paragraph (4).
(C) A concessioner that holds a concessions contract that
the Secretary estimates will result in gross annual receipts
of less than $500,000 if renewed shall be entitled to a preferential right of renewal under this title if—
(i) the Secretary has determined that the concessioner
has operated satisfactorily during the term of the contract
(including any extension thereof); and
(ii) the concessioner has submitted a responsive proposal for a proposed new concessions contract which satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
(9) NEW OR ADDITIONAL SERVICES.—The Secretary shall
not grant a preferential right to a concessioner to provide
new or additional services in a unit of the National Park
System.
(10) SECRETARIAL AUTHORITY.—Nothing in this title shall
be construed as limiting the authority of the Secretary to determine whether to issue a concessions contract or to establish
its terms and conditions in furtherance of the policies expressed
in this title.
(11) EXCEPTIONS.—Notwithstanding the provisions of this
section, the Secretary may award, without public solicitation,
the following:
(A) A temporary concessions contract or an extension
of an existing concessions contract for a term not to exceed
3 years in order to avoid interruption of services to the
public at a unit of the National Park System, except that
prior to making such an award, the Secretary shall take

112 STAT. 3508

Federal Register,
publication.

16 USC 5953.

PUBLIC LAW 105–391—NOV. 13, 1998
all reasonable and appropriate steps to consider alternatives to avoid such interruption.
(B) A concessions contract in extraordinary circumstances where compelling and equitable considerations
require the award of a concessions contract to a particular
party in the public interest. Such award of a concessions
contract shall not be made by the Secretary until at least
30 days after publication in the Federal Register of notice
of the Secretary’s intention to do so and the reasons for
such action, and submission of notice to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives.

SEC. 404. TERM OF CONCESSIONS CONTRACTS.

A concessions contract entered into pursuant to this title shall
generally be awarded for a term of 10 years or less. However,
the Secretary may award a contract for a term of up to 20 years
if the Secretary determines that the conract terms and conditions,
including the required construction of capital improvements, warrant a longer term.
16 USC 5954.

Effective date.

SEC. 405. PROTECTION OF CONCESSIONER INVESTMENT.

(a) LEASEHOLD SURRENDER INTEREST UNDER NEW CONCESSIONS
CONTRACTS.—On or after the date of the enactment of this title,
a concessioner that constructs a capital improvement upon land
owned by the United States within a unit of the National Park
System pursuant to a concessions contract shall have a leasehold
surrender interest in such capital improvement subject to the following terms and conditions:
(1) A concessioner shall have a leasehold surrender interest
in each capital improvement constructed by a concessioner
under a concessions contract, consisting solely of a right to
compensation for the capital improvement to the extent of
the value of the concessioner’s leasehold surrender interest
in the capital improvement.
(2) A leasehold surrender interest—
(A) may be pledged as security for financing of a capital
improvement or the acquisition of a concessions contract
when approved by the Secretary pursuant to this title;
(B) shall be transferred by the concessioner in connection with any transfer of the concessions contract and may
be relinquished or waived by the concessioner; and
(C) shall not be extinguished by the expiration or other
termination of a concessions contract and may not be taken
for public use except on payment of just compensation.
(3) The value of a leasehold surrender interest in a capital
improvement shall be an amount equal to the initial value
(construction cost of the capital improvement), increased (or
decreased) in the same percentage increase (or decrease) as
the percentage increase (or decrease) in the Consumer Price
Index, from the date of making the investment in the capital
improvement by the concessioner to the date of payment of
the value of the leasehold surrender interest, less depreciation
of the capital improvement as evidenced by the condition and
prospective serviceability in comparison with a new unit of
like kind.
(4) Effective 9 years after the date of the enactment of
this Act, the Secretary may provide, in any particular new

PUBLIC LAW 105–391—NOV. 13, 1998

112 STAT. 3509

concession contract the Secretary estimates will have a leasehold surrender interest of more than $10,000,000, that the
value of any leasehold surrender interest in a capital improvement shall be based on either (A) a reduction on an annual
basis, in equal portions, over the same number of years as
the time period associated with the straight line depreciation
of the initial value (construction cost of the capital improvement), as provided by applicable Federal income tax laws and
regulations in effect on the day before the date of the enactment
of this Act or (B) such alternative formula that is consistent
with the objectives of this title. The Secretary may only use
such an alternative formula if the Secretary determines, after
scrutiny of the financial and other circumstances involved in
this particular concession contract (including providing notice
in the Federal Register and opportunity for comment), that
such alternative formula is, compared to the standard method
of determining value provided for in paragraph (3), necessary
in order to provide a fair return to the Government and to
foster competition for the new contract by providing a reasonable opportunity to make a profit under the new contract.
If no responsive offers are received in response to a solicitation
that includes such an alternative formula, the concession opportunity shall be resolicited with the leasehold surrender interest
value as described in paragraph (3).
(5) Where a concessioner, pursuant to the terms of a concessions contract, makes a capital improvement to an existing
capital improvement in which the concessioner has a leasehold
surrender interest, the cost of such additional capital improvement shall be added to the then current value of the concessioner’s leasehold surrender interest.
(b) SPECIAL RULE FOR EXISTING POSSESSORY INTEREST.—
(1) A concessioner which has obtained a possessory interest
as defined pursuant to Public Law 89–249 (commonly known
as the National Park Service Concessions Policy Act; 16 U.S.C.
20 et seq.), as in effect on the day before the date of the
enactment of this Act, under the terms of a concessions contract
entered into before that date shall, upon the expiration or
termination of such contract, be entitled to receive compensation for such possessory interest improvements in the amount
and manner as described by such concessions contract. Where
such a possessory interest is not described in the existing
contract, compensation of possessory interest shall be determined in accordance with the laws in effect on the day before
the date of enactment of this Act.
(2) In the event such prior concessioner is awarded a new
concessions contract after the effective date of this title replacing an existing concessions contract, the existing concessioner
shall, instead of directly receiving such possessory interest compensation, have a leasehold surrender interest in its existing
possessory interest improvements under the terms of the new
contract and shall carry over as the initial value of such leasehold surrender interest (instead of construction cost) an amount
equal to the value of the existing possessory interest as of
the termination date of the previous contract. In the event
of a dispute between the concessioner and the Secretary as
to the value of such possessory interest, the matter shall be
resolved through binding arbitration.

Federal Register,
publication.

112 STAT. 3510

Deadline.

16 USC 5955.

PUBLIC LAW 105–391—NOV. 13, 1998

(3) In the event that a new concessioner is awarded a
concessions contract and is required to pay a prior concessioner
for possessory interest in prior improvements, the new concessioner shall have a leasehold surrender interest in such prior
improvements and the initial value in such leasehold surrender
interest (instead of construction cost), shall be an amount equal
to the value of the existing possessory interest as of the termination date of the previous contract.
(c) TRANSITION TO SUCCESSOR CONCESSIONER.—Upon expiration
or termination of a concessions contract entered into after the
effective date of this title, a concessioner shall be entitled under
the terms of the concessions contract to receive from the United
States or a successor concessioner the value of any leasehold surrender interest in a capital improvement as of the date of such expiration or termination. A successor concessioner shall have a leasehold
surrender interest in such capital improvement under the terms
of a new contract and the initial value of the leasehold surrender
interest in such capital improvement (instead of construction cost)
shall be the amount of money the new concessioner is required
to pay the prior concessioner for its leasehold surrender interest
under the terms of the prior concessions contract.
(d) TITLE TO IMPROVEMENTS.—Title to any capital improvement
constructed by a concessioner on lands owned by the United States
in a unit of the National Park System shall be vested in the
United States.
(e) DEFINITIONS.—For purposes of this section:
(1) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price
Index’’ means the ‘‘Consumer Price Index—All Urban Consumers’’ published by the Bureau of Labor Statistics of the Department of Labor, unless such index is not published, in which
case another regularly published cost-of-living index approximating the Consumer Price Index shall be utilized by the
Secretary; and
(2) CAPITAL IMPROVEMENT.—The term ‘‘capital improvement’’ means a structure, fixture, or nonremovable equipment
provided by a concessioner pursuant to the terms of a concessions contract and located on lands of the United States within
a unit of the National Park System.
(f) SPECIAL REPORTING REQUIREMENT.— Not later than 7 years
after the date of the enactment of this Act, the Secretary shall
submit a report to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the House of
Representatives containing a complete analysis of the concession
program as well as—
(1) an assessment of competition in the solicitation of
prospectuses, fair and/or increased return to the Government,
and improvement of concession facilities and infrastructure;
and
(2) an assessment of any problems with the management
and administration of the concession program that are a direct
result of the implementation of the provisions of this title.
SEC. 406. REASONABLENESS OF RATES.

(a) IN GENERAL.—Each concessions contract shall permit the
concessioner to set reasonable and appropriate rates and charges
for facilities, goods, and services provided to the public, subject
to approval under subsection (b).

PUBLIC LAW 105–391—NOV. 13, 1998

112 STAT. 3511

(b) APPROVAL BY SECRETARY REQUIRED.—A concessioner’s rates
and charges to the public shall be subject to approval by the
Secretary. The approval process utilized by the Secretary shall
be as prompt and as unburdensome to the concessioner as possible
and shall rely on market forces to establish reasonableness of
rates and charges to the maximum extent practicable. The Secretary
shall approve rates and charges that the Secretary determines
to be reasonable and appropriate. Unless otherwise provided in
the contract, the reasonableness and appropriateness of rates and
charges shall be determined primarily by comparison with those
rates and charges for facilities, goods, and services of comparable
character under similar conditions, with due consideration to the
following factors and other factors deemed relevant by the Secretary: length of season, peakloads, average percentage of occupancy, accessibility, availability and costs of labor and materials,
and type of patronage. Such rates and charges may not exceed
the market rates and charges for comparable facilities, goods, and
services, after taking into account the factors referred to in the
preceding sentence.
(c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than
6 months after receiving recommendations from the Advisory Board
established under section 409(a) regarding concessioner rates and
charges to the public, the Secretary shall implement the recommendations or report to the Congress the reasons for not
implementing the recommendations.
SEC. 407. FRANCHISE FEES.

(a) IN GENERAL.—A concessions contract shall provide for payment to the government of a franchise fee or such other monetary
consideration as determined by the Secretary, upon consideration
of the probable value to the concessioner of the privileges granted
by the particular contract involved. Such probable value shall be
based upon a reasonable opportunity for net profit in relation to
capital invested and the obligations of the contract. Consideration
of revenue to the United States shall be subordinate to the objectives
of protecting and preserving park areas and of providing necessary
and appropriate services for visitors at reasonable rates.
(b) AMOUNT OF FRANCHISE FEE.—The amount of the franchise
fee or other monetary consideration paid to the United States
for the term of the concessions contract shall be specified in the
concessions contract and may only be modified to reflect extraordinary unanticipated changes from the conditions anticipated as
of the effective date of the contract. The Secretary shall include
in concessions contracts with a term of more than 5 years a provision which allows reconsideration of the franchise fee at the request
of the Secretary or the concessioner in the event of such extraordinary unanticipated changes. Such provision shall provide for binding arbitration in the event that the Secretary and the concessioner
are unable to agree upon an adjustment to the franchise fee in
these circumstances.
(c) SPECIAL ACCOUNT.—All franchise fees (and other monetary
consideration) paid to the United States pursuant to concessions
contracts shall be deposited into a special account established in
the Treasury of the United States. Twenty percent of the funds
deposited in the special account shall be available for expenditure
by the Secretary, without further appropriation, to support activities
throughout the National Park System regardless of the unit of

Deadline.

16 USC 5956.

112 STAT. 3512

PUBLIC LAW 105–391—NOV. 13, 1998

the National Park System in which the funds were collected. The
funds deposited into the special account shall remain available
until expended.
(d) SUBACCOUNT FOR EACH UNIT.—There shall be established
within the special account required under subsection (c) a subaccount for each unit of the National Park System. Each subaccount
shall be credited with 80 percent of the franchise fees (and other
monetary consideration) collected at a single unit of the National
Park System under concessions contracts. The funds credited to
the subaccount for a unit of the National Park System shall be
available for expenditure by the Secretary, without further appropriation, for use at the unit for visitor services and for purposes
of funding high-priority and urgently necessary resource management programs and operations. The funds credited to a subaccount
shall remain available until expended.
16 USC 5957.

SEC. 408. TRANSFER OF CONCESSIONS CONTRACTS.

(a) APPROVAL OF THE SECRETARY.—No concessions contract or
leasehold surrender interest may be transferred, assigned, sold,
or otherwise conveyed or pledged by a concessioner without prior
written notification to, and approval by, the Secretary.
(b) CONDITIONS.—The Secretary shall approve a transfer or
conveyance described in subsection (a) unless the Secretary finds
that—
(1) the individual, corporation or entity seeking to acquire
a concessions contract is not qualified or able to satisfy the
terms and conditions of the concessions contract;
(2) such transfer or conveyance would have an adverse
impact on (A) the protection, conservation, or preservation of
the resources of the unit of the National Park System or (B)
the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and
(3) the terms of such transfer or conveyance are likely,
directly or indirectly, to reduce the concessioner’s opportunity
for a reasonable profit over the remaining term of the contract,
adversely affect the quality of facilities and services provided
by the concessioner, or result in a need for increased rates
and charges to the public to maintain the quality of such
facilities and services.
(c) TRANSFER TERMS.—The terms and conditions of any contract
under this section shall not be subject to modification or open
to renegotiation by the Secretary because of a transfer or conveyance
described in subsection (a), unless such transfer or conveyance
would have an adverse impact as described in paragraph (2) of
subsection (b).
16 USC 5958.

SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
ADVISORY BOARD.

(a) ESTABLISHMENT.—There is hereby established a National
Park Service Concessions Management Advisory Board (in this
title referred to as the ‘‘Advisory Board’’) whose purpose shall
be to advise the Secretary and National Park Service on matters
relating to management of concessions in the National Park System.
(b) DUTIES.—
(1) ADVICE.—The Advisory Board shall advise on each of
the following:

PUBLIC LAW 105–391—NOV. 13, 1998

112 STAT. 3513

(A) Policies and procedures intended to assure that
services and facilities provided by concessioners are necessary and appropriate, meet acceptable standards at
reasonable rates with a minimum of impact on park
resources and values, and provide the concessioners with
a reasonable opportunity to make a profit.
(B) Ways to make National Park Service concessions
programs and procedures more cost effective, more process
efficient, less burdensome, and timelier.
(2) RECOMMENDATIONS.—The Advisory Board shall make
recommendations to the Secretary regarding each of the following:
(A) National Park Service contracting with the private
sector to conduct appropriate elements of concessions
management and providing recommendations to make more
efficient, less burdensome, and timelier the review or
approval of concessioner rates and charges to the public.
(B) The nature and scope of products which qualify
as Indian, Alaska Native, and Native Hawaiian handicrafts
within this meaning of this title.
(C) The allocation of concession fees.
The initial recommendations under subparagraph (A) relating
to rates and charges shall be submitted to the Secretary not
later than one year after the first meeting of the Board.
(3) ANNUAL REPORT.—The Advisory Board, commencing
with the first anniversary of its initial meeting, shall provide
an annual report on its activities to the Committee on Resources
of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States
Senate.
(c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory
Board shall be appointed on a staggered basis by the Secretary
for a term not to exceed 4 years and shall serve at the pleasure
of the Secretary. The Advisory Board shall be comprised of not
more than seven individuals appointed from among citizens of the
United States not in the employment of the Federal Government
and not in the employment of or having an interest in a National
Park Service concession. Of the seven members of the Advisory
Board—
(1) one member shall be privately employed in the hospitality industry and have both broad knowledge of hotel or
food service management and experience in the parks and
recreation concessions business;
(2) one member shall be privately employed in the tourism
industry;
(3) one member shall be privately employed in the accounting industry;
(4) one member shall be privately employed in the outfitting
and guide industry;
(5) one member shall be a State government employee
with expertise in park concession management;
(6) one member shall be active in promotion of traditional
arts and crafts; and
(7) one member shall be active in a nonprofit conservation
organization involved in parks and recreation programs.

112 STAT. 3514

PUBLIC LAW 105–391—NOV. 13, 1998

(d) TERMINATION.—The Advisory Board shall continue to exist
until December 31, 2008. In all other respects, it shall be subject
to the provisions of the Federal Advisory Committee Act.
(e) SERVICE ON ADVISORY BOARD.—Service of an individual
as a member of the Advisory Board shall not be considered as
service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise
imposing restrictions, requirements, or penalties in relation to the
employment of persons, the performance of services, or the payment
or receipt of compensation in connection with claims, proceedings,
or matters involving the United States. Service as a member of
the Advisory Board shall not be considered service in an appointive
or elective position in the Government for purposes of section 8344
of title 5, United States Code, or other comparable provisions of
Federal law.
16 USC 5959.

SEC. 410. CONTRACTING FOR SERVICES.

(a) CONTRACTING AUTHORIZED.—(1) To the maximum extent
practicable, the Secretary shall contract with private entities to
conduct or assist in those elements of the management of the
National Park Service concessions program considered by the Secretary to be suitable for non-Federal performance. Such management elements include each of the following:
(A) Health and safety inspections.
(B) Quality control of concessions operations and facilities.
(C) Strategic capital planning for concessions facilities.
(D) Analysis of rates and charges to the public.
(2) The Secretary may also contract with private entities to
assist the Secretary with each of the following:
(A) Preparation of the financial aspects of prospectuses
for National Park Service concessions contracts.
(B) Development of guidelines for a national park system
capital improvement and maintenance program for all concession occupied facilities.
(C) Making recommendations to the Director of the
National Park Service regarding the conduct of annual audits
of concession fee expenditures.
(b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall also
consider, taking into account the recommendations of the Advisory
Board, contracting out other elements of the concessions management program, as appropriate.
(c) CONDITION.—Nothing in this section shall diminish the
governmental responsibilities and authority of the Secretary to
administer concessions contracts and activities pursuant to this
title and the Act of August 25, 1916 (commonly known as the
National Park Service Organic Act; 16 U.S.C. 1 et seq.). The Secretary reserves the right to make the final decision or contract
approval on contracting services dealing with the management of
the National Park Service concessions program under this section.
16 USC 5960.

SEC. 411. MULTIPLE CONTRACTS WITHIN A PARK.

If multiple concessions contracts are awarded to authorize
concessioners to provide the same or similar outfitting, guiding,
river running, or other similar services at the same approximate
location or resource within a specific national park, the Secretary
shall establish a comparable franchise fee structure for all such
same or similar contracts, except that the terms and conditions

PUBLIC LAW 105–391—NOV. 13, 1998

112 STAT. 3515

of any existing concessions contract shall not be subject to modification or open to renegotiation by the Secretary because of an award
of a new contract at the same approximate location or resource.
SEC. 412. SPECIAL RULE FOR TRANSPORTATION CONTRACTING SERVICES.

16 USC 5961.

Notwithstanding any other provision of law, a service contract
entered into by the Secretary for the provision solely of transportation services in a unit of the National Park System shall be
no more than 10 years in length, including a base period of 5
years and annual extensions for an additional 5-year period based
on satisfactory performance and approval by the Secretary.
SEC. 413. USE OF NONMONETARY CONSIDERATION IN CONCESSIONS
CONTRACTS.

16 USC 5962.

Section 321 of the Act of June 30, 1932 (40 U.S.C. 303b),
relating to the leasing of buildings and properties of the United
States, shall not apply to contracts awarded by the Secretary pursuant to this title.
SEC. 414. RECORDKEEPING REQUIREMENTS.

16 USC 5963.

(a) IN GENERAL.—Each concessioner shall keep such records
as the Secretary may prescribe to enable the Secretary to determine
that all terms of the concessions contract have been and are being
faithfully performed, and the Secretary and any duly authorized
representative of the Secretary shall, for the purpose of audit and
examination, have access to such records and to other books, documents, and papers of the concessioner pertinent to the contract
and all terms and conditions thereof.
(b) ACCESS TO RECORDS.—The Comptroller General or any duly
authorized representative of the Comptroller General shall, until
the expiration of 5 calendar years after the close of the business
year of each concessioner or subconcessioner, have access to and
the right to examine any pertinent books, papers, documents and
records of the concessioner or subconcessioner related to the contract
or contracts involved.
SEC. 415. REPEAL OF NATIONAL PARK SERVICE CONCESSIONS POLICY
ACT.

(a) REPEAL.—Public Law 89–249 (commonly known as the
National Park Service Concessions Policy Act; 16 U.S.C. 20 et
seq.) is repealed. The repeal of such Act shall not affect the validity
of any concessions contract or permit entered into under such
Act, but the provisions of this title shall apply to any such contract
or permit except to the extent such provisions are inconsistent
with the terms and conditions of any such contract or permit.
References in this title to concessions contracts awarded under
authority of such Act also apply to concessions permits awarded
under such authority.
(b) CONFORMING AMENDMENTS.—(1) The fourth sentence of section 3 of the Act of August 25, 1916 (commonly known as the
National Park Service Organic Act; 16 U.S.C. 3), is amended—
(A) by striking all through ‘‘no natural’’ and inserting ‘‘No
natural,’’; and
(B) by striking the last proviso in its entirety.
(2) Section 12 of Public Law 91–383 (commonly known as
the National Park System General Authorities Act; 16 U.S.C. 1a–
7) is amended by striking subsection (c).

16 USC 20 note.

112 STAT. 3516
16 USC 17b–1.
16 USC 5951
note.

16 USC 5964.

PUBLIC LAW 105–391—NOV. 13, 1998

(3) The second paragraph under the heading ‘‘NATIONAL PARK
SERVICE’’ in the Act of July 31, 1953 (67 Stat. 261, 271), is repealed.
(c) ANILCA.—Nothing in this title amends, supersedes, or
otherwise affects any provision of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to revenueproducing visitor services.
SEC. 416. PROMOTION OF THE SALE OF INDIAN, ALASKA NATIVE,
NATIVE SAMOAN, AND NATIVE HAWAIIAN HANDICRAFTS.

(a) IN GENERAL.—Promoting the sale of authentic United States
Indian, Alaskan Native, Native Samoan, and Native Hawaiian
handicrafts relating to the cultural, historical, and geographic
characteristics of units of the National Park System is encouraged,
and the Secretary shall ensure that there is a continuing effort
to enhance the handicraft trade where it exists and establish the
trade in appropriate areas where such trade currently does not
exist.
(b) EXEMPTION FROM FRANCHISE FEE.—In furtherance of these
purposes, the revenue derived from the sale of United States Indian,
Alaska Native, Native Samoan, and Native Hawaiian handicrafts
shall be exempt from any franchise fee payments under this title.
16 USC 5965.

SEC. 417. REGULATIONS.

As soon as practicable after the effective date of this title,
the Secretary shall promulgate regulations appropriate for its
implementation. Among other matters, such regulations shall
include appropriate provisions to ensure that concession services
and facilities to be provided in a unit of the National Park System
are not segmented or otherwise split into separate concessions
contracts for the purposes of seeking to reduce anticipated annual
gross receipts of a concessions contract below $500,000. The Secretary shall also promulgate regulations which further define the
term ‘‘United States Indian, Alaskan Native, and Native Hawaiian
handicrafts’’ for the purposes of this title.
16 USC 5966.

SEC. 418. COMMERCIAL USE AUTHORIZATIONS.

(a) IN GENERAL.—To the extent specified in this section, the
Secretary, upon request, may authorize a private person, corporation, or other entity to provide services to visitors to units of
the National Park System through a commercial use authorization.
Such authorizations shall not be considered as concessions contracts
pursuant to this title nor shall other sections of this title be
applicable to such authorizations except where expressly so stated.
(b) CRITERIA FOR ISSUANCE OF AUTHORIZATIONS.—
(1) REQUIRED DETERMINATIONS.—The authority of this section may be used only to authorize provision of services that
the Secretary determines will have minimal impact on resources
and values of the unit of the National Park System and are
consistent with the purpose for which the unit was established
and with all applicable management plans and park policies
and regulations.
(2) ELEMENTS OF AUTHORIZATION.—The Secretary shall—
(A) require payment of a reasonable fee for issuance
of an authorization under this section, such fees to remain
available without further appropriation to be used, at a
minimum, to recover associated management and administrative costs;

PUBLIC LAW 105–391—NOV. 13, 1998

112 STAT. 3517

(B) require that the provision of services under such
an authorization be accomplished in a manner consistent
to the highest practicable degree with the preservation
and conservation of park resources and values;
(C) take appropriate steps to limit the liability of the
United States arising from the provision of services under
such an authorization; and
(D) have no authority under this section to issue more
authorizations than are consistent with the preservation
and proper management of park resources and values,
and shall establish such other conditions for issuance of
such an authorization as the Secretary determines appropriate for the protection of visitors, provision of adequate
and appropriate visitor services, and protection and proper
management of the resources and values of the park.
(c) LIMITATIONS.—Any authorization issued under this section
shall be limited to—
(1) commercial operations with annual gross receipts of
not more than $25,000 resulting from services originating and
provided solely within a unit of the National Park System
pursuant to such authorization;
(2) the incidental use of resources of the unit by commercial
operations which provide services originating and terminating
outside of the boundaries of the unit; or
(3) such uses by organized children’s camps, outdoor clubs
and nonprofit institutions (including back country use) and
such other uses as the Secretary determines appropriate.
Nonprofit institutions are not required to obtain commercial use
authorizations unless taxable income is derived by the institution
from the authorized use.
(d) PROHIBITION ON CONSTRUCTION.—An authorization issued
under this section shall not provide for the construction of any
structure, fixture, or improvement on federally-owned lands within
the boundaries of a unit of the National Park System.
(e) DURATION.—The term of any authorization issued under
this section shall not exceed 2 years. No preferential right of renewal
or similar provisions for renewal shall be granted by the Secretary.
(f) OTHER CONTRACTS.—A person, corporation, or other entity
seeking or obtaining an authorization pursuant to this section shall
not be precluded from also submitting proposals for concessions
contracts.
SEC. 419. SAVINGS PROVISION.

(a) TREATMENT OF GLACIER BAY CONCESSION PERMITS PROSPECTUS.—Nothing contained in this title shall authorize or require
the Secretary to withdraw, revise, amend, modify, or reissue the
February 19, 1998, Prospectus Under Which Concession Permits
Will be Open for Competition for the Operation of Cruise Ship
Services Within Glacier Bay National Park and Preserve (in this
section referred to as the ‘‘1998 Glacier Bay Prospectus’’). The
award of concession permits pursuant to the 1998 Glacier Bay
Prospectus shall be under provisions of existing law at the time
the 1998 Glacier Bay Prospectus was issued.
(b) PREFERENTIAL RIGHT OF RENEWAL.—Notwithstanding any
provision of this title, 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 the effective

16 USC 5951
note.

112 STAT. 3518

Expiration date.

PUBLIC LAW 105–391—NOV. 13, 1998

date of this title, shall provide for such cruise ship entries a preferential right of renewal, as described in subparagraphs (C) and
(D) of section 403(7). Any Glacier Bay concession permit awarded
under the authority contained in this subsection shall expire by
December 31, 2009.

TITLE V—FEES FOR USE OF NATIONAL
PARK SYSTEM
16 USC 5981.

SEC. 501. FEES.

Notwithstanding any other provision of law, where the National
Park Service or an entity under a service contract with the National
Park Service provides transportation to all or a portion of any
unit of the National Park System, the Secretary may impose a
reasonable and appropriate charge to the public for the use of
such transportation services in addition to any admission fee
required to be paid. Collection of both the transportation and admission fees may occur at the transportation staging area or any
other reasonably convenient location determined by the Secretary.
The Secretary may enter into agreements with public or private
entities, who qualify to the Secretary’s satisfaction, to collect the
transportation and admission fee. Such transportation fees collected
as per this section shall be retained by the unit of the National
Park System at which the transportation fee was collected and
the amount retained shall be expended only for costs associated
with the transportation systems at the unit where the charge was
imposed.
Contracts
16 USC 5982.

SEC. 502. DISTRIBUTION OF GOLDEN EAGLE PASSPORT SALES.

Not later than 6 months after the date of enactment of this
title, the Secretary of the Interior and the Secretary of Agriculture
shall 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. Such proceeds shall be apportioned 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
16 USC 5991.

SEC. 601. PURPOSES.

The purposes of this title are—
(1) to develop a national park passport that includes a
collectible stamp to be used for admission to units of the
National Park System; and
(2) to generate revenue for support of the National Park
System.

PUBLIC LAW 105–391—NOV. 13, 1998

112 STAT. 3519

SEC. 602. NATIONAL PARK PASSPORT PROGRAM.

16 USC 5992.

(a) PROGRAM.—The Secretary shall establish a national park
passport program. A national park passport shall include a collectible stamp providing the holder admission to all units of the
National Park System.
(b) EFFECTIVE PERIOD.—A national park passport stamp shall
be effective for a period of 12 months from the date of purchase.
(c) TRANSFERABILITY.—A national park passport and stamp
shall not be transferable.
SEC. 603. ADMINISTRATION.

16 USC 5993.

(a) STAMP DESIGN COMPETITION.—(1) The Secretary shall hold
an annual competition for the design of the collectible stamp to
be affixed to the national park passport.
(2) Each competition shall be open to the public and shall
be a means to educate the American people about the National
Park System.
(b) SALE OF PASSPORTS AND STAMPS.—(1) National park passports and stamps shall be sold through the National Park Service
and may be sold by private vendors on consignment in accordance
with guidelines established by the Secretary.
(2) A private vendor may be allowed to collect a commission
on each national park passport (including stamp) sold, as determined by the Secretary.
(3) The Secretary may limit the number of private vendors
of national park passports (including stamps).
(c) USE OF PROCEEDS.—
(1) The Secretary may use not more than 10 percent of
the revenues derived from the sale of national park passports
(including stamps) to administer and promote the national park
passport program and the National Park System.
(2) Net proceeds from the sale of national park passports
shall be deposited in a special account in the Treasury of
the United States and shall remain available until expended,
without further appropriation, for high priority visitor service
or resource management projects throughout the National Park
System.
(d) AGREEMENTS.—The Secretary may enter into cooperative
agreements with the National Park Foundation and other interested
parties to provide for the development and implementation of the
national park passport program and the Secretary shall take such
actions as are appropriate to actively market national park passports and stamps.
(e) FEE.—The fee for a national park passport and stamp shall
be $50.
SEC. 604. FOREIGN SALES OF GOLDEN EAGLE PASSPORTS.

The Secretary of Interior shall—
(1) make Golden Eagle Passports issued under section
4(a)(1)(A) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–6a(a)(1)(A)) or the Recreational Fee Demonstration Program authorized by section 315 of the Department of the Interior and Related Agencies Appropriations Act,
1996 (section 101(c) of Public Law 104–134; 16 U.S.C. 460l–
6a note), available to foreign visitors to the United States;
and

16 USC 5994.

112 STAT. 3520

PUBLIC LAW 105–391—NOV. 13, 1998
(2) make such Golden Eagle Passports available for purchase outside the United States, through commercial tourism
channels and consulates or other offices of the United States.

16 USC 5995.

SEC. 605. EFFECT ON OTHER LAWS AND PROGRAMS.

(a) PARK PASSPORT NOT REQUIRED.—A national park passport
shall not be required for—
(1) a single visit to a national park that charges a single
visit admission fee under section 4(a)(2) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(a)(2)) or
the Recreational Fee Demonstration Program authorized by
section 315 of the Department of the Interior and Related
Agencies Appropriations Act, 1996 (section 101(c) of Public
Law 104–134; 16 U.S.C. 460l–6a note); or
(2) an individual who has obtained a Golden Age or Golden
Access Passport under paragraph (4) or (5) of section 4(a)
of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–6a(a)).
(b) GOLDEN EAGLE PASSPORTS.—A Golden Eagle Passport
issued under section 4(a)(1)(A) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–6a(a)(1)(A)) or such Recreational
Fee Demonstration Program (16 U.S.C. 460l–6a note) shall be honored for admission to each unit of the National Park System.
(c) ACCESS.—A national park passport shall provide access to
each unit of the National Park System under the same conditions,
rules, and regulations as apply to access with a Golden Eagle
Passport as of the date of enactment of this title.
(d) LIMITATIONS.—A national park passport may not be used
to obtain access to other Federal recreation fee areas outside of
the National Park System.
(e) EXEMPTIONS AND FEES.—A national park passport does not
exempt the holder from or provide the holder any discount on
any recreation use fee imposed under section 4(b) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(b))
or such Recreational Fee Demonstration Program (16 U.S.C. 460l–
6a note).

TITLE VII—NATIONAL PARK
FOUNDATION SUPPORT
SEC. 701. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

Public Law 90–209 (commonly known as the National Park
Foundation Act; 16 U.S.C. 19 et seq.) is amended by adding at
the end the following new section:
16 USC 19o.

‘‘SEC. 11. PROMOTION OF LOCAL FUNDRAISING SUPPORT.

‘‘(a) ESTABLISHMENT.—The Foundation shall design and implement a comprehensive program to assist and promote philanthropic
programs of support at the individual national park unit level.
‘‘(b) IMPLEMENTATION.—The program under subsection (a) shall
be implemented to—
‘‘(1) assist in the creation of local nonprofit support
organizations; and
‘‘(2) provide support, national consistency, and management-improving suggestions for local nonprofit support
organizations.

PUBLIC LAW 105–391—NOV. 13, 1998

112 STAT. 3521

‘‘(c) PROGRAM.—The program under subsection (a) shall include
the greatest number of national park units as is practicable.
‘‘(d) REQUIREMENTS.—The program under subsection (a) shall
include, at a minimum—
‘‘(1) a standard adaptable organizational design format to
establish and sustain responsible management of a local nonprofit support organization for support of a national park unit;
‘‘(2) standard and legally tenable bylaws and recommended
money-handling procedures that can easily be adapted as
applied to individual national park units; and
‘‘(3) a standard training curriculum to orient and expand
the operating expertise of personnel employed by local nonprofit
support organizations.
‘‘(e) ANNUAL REPORT.—The Foundation shall report the progress
of the program under subsection (a) in the annual report of the
Foundation.
‘‘(f) AFFILIATIONS.—
‘‘(1) CHARTER OR CORPORATE BYLAWS.—Nothing in this section requires—
‘‘(A) a nonprofit support organization or friends group
to modify current practices or to affiliate with the Foundation; or
‘‘(B) a local nonprofit support organization, established
as a result of this section, to be bound through its charter
or corporate bylaws to be permanently affiliated with the
Foundation.
‘‘(2) ESTABLISHMENT.—An affiliation with the Foundation
shall be established only at the discretion of the governing
board of a nonprofit organization.’’.

TITLE VIII—MISCELLANEOUS
PROVISIONS
SEC. 801. UNITED STATES PARK POLICE.

(a) APPOINTMENT OF TASK FORCE.—Not later than 60 days
after the date of enactment of this title, the Secretary shall appoint
a multidisciplinary task force to fully evaluate the shortfalls, needs,
and requirements of law enforcement programs in the National
Park Service, including a separate analysis for the United States
Park Police, which shall include a review of facility repair,
rehabilitation, equipment, and communication needs.
(b) SUBMISSION OF REPORT.—Not later than one year after
the date of enactment of this title, the Secretary shall submit
to the Committees on Energy and Natural Resources and Appropriations of the United States Senate and the Committees on Resources
and Appropriations of the United States House of Representatives
a report that includes—
(1) the findings and recommendations of the task force;
(2) complete justifications for any recommendations made;
and
(3) a complete description of any adverse impacts that
would occur if any need identified in the report is not met.

16 USC 6011.

Deadline.

112 STAT. 3522

PUBLIC LAW 105–391—NOV. 13, 1998

SEC. 802. LEASES AND COOPERATIVE MANAGEMENT AGREEMENTS.

Procedures.

(a) IN GENERAL.—Section 3 of Public Law 91–383 (commonly
known as the National Park System General Authorities Act; 16
U.S.C. 1a–2) is amended by adding at the end the following:
‘‘(k) LEASES.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2)
and subject to paragraph (3), the Secretary may 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 National Park System.
‘‘(2) PROHIBITED ACTIVITIES.—The Secretary may not use
a lease under paragraph (1) to authorize the lessee to engage
in activities that are subject to authorization by the Secretary
through a concessions contract, commercial use authorization,
or similar instrument.
‘‘(3) USE.—Buildings and associated property leased under
paragraph (1)—
‘‘(A) shall be used for an activity that is consistent
with the purposes established by law for the unit in which
the building is located;
‘‘(B) shall not result in degradation of the purposes
and values of the unit; and
‘‘(C) shall be compatible with National Park Service
programs.
‘‘(4) RENTAL AMOUNTS.—
‘‘(A) IN GENERAL.—With respect to a lease under paragraph (1)—
‘‘(i) payment of fair market value rental shall be
required; and
‘‘(ii) section 321 of the Act of June 30, 1932 (47
Stat. 412, chapter 314; 40 U.S.C. 303b) shall not apply.
‘‘(B) ADJUSTMENT.—The Secretary may adjust the
rental amount as appropriate to take into account any
amounts to be expended by the lessee for preservation,
maintenance, restoration, improvement, or repair and
related expenses.
‘‘(C) REGULATION.—The Secretary shall promulgate
regulations implementing this subsection that includes
provisions to encourage and facilitate competition in the
leasing process and provide for timely and adequate public
comment.
‘‘(5) SPECIAL ACCOUNT.—
‘‘(A) DEPOSITS.—Rental payments under a lease under
paragraph (1) shall be deposited in a special account in
the Treasury of the United States.
‘‘(B) AVAILABILITY.—Amounts in the special account
shall be available until expended, without further appropriation, for infrastructure needs at units of the National
Park System, including—
‘‘(i) facility refurbishment;
‘‘(ii) repair and replacement;
‘‘(iii) infrastructure projects associated with park
resource protection; and
‘‘(iv) direct maintenance of the leased buildings
and associated properties.
‘‘(C) ACCOUNTABILITY AND RESULTS.—The Secretary
shall develop procedures for the use of the special account

PUBLIC LAW 105–391—NOV. 13, 1998

112 STAT. 3523

that ensure accountability and demonstrated results
consistent with this Act.
‘‘(l) COOPERATIVE MANAGEMENT AGREEMENTS.—
‘‘(1) IN GENERAL.—Where a unit of the National Park System is located adjacent to or near a State or local park area,
and cooperative management between the National Park Service and a State or local government agency of a portion of
either park will allow for more effective and efficient management of the parks, the Secretary may enter into an agreement
with a State or local government agency to provide for the
cooperative management of the Federal and State or local park
areas. The Secretary may not transfer administration responsibilities for any unit of the National Park System under this
paragraph.
‘‘(2) PROVISION OF GOODS AND SERVICES.—Under a cooperative management agreement, the Secretary may acquire from
and provide to a State or local government agency goods and
services to be used by the Secretary and the State or local
governmental agency in the cooperative management of land.
‘‘(3) ASSIGNMENT.—An assignment arranged by the Secretary under section 3372 of title 5, United States Code, of
a Federal, State, or local employee for work in any Federal,
State, or local land or an extension of such an assignment
may be for any period of time determined by the Secretary
and the State or local agency to be mutually beneficial.’’.
(b) HISTORIC LEASE PROCESS SIMPLIFICATION.—The Secretary
is directed to simplify, to the maximum extent possible, the leasing
process for historic properties with the goal of leasing available
structures in a timely manner.
Approved November 13, 1998.

LEGISLATIVE HISTORY—S. 1693:
HOUSE REPORTS: No. 105–767 (Comm. on Resources).
SENATE REPORTS: No. 105–202 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
June 11, considered and passed Senate.
Oct. 13, considered and passed House, amended.
Oct. 14, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Nov. 13, Presidential statement.

Æ

16 USC 470h–3
note.