National Park Revitalization Act

National Park Revitalization Act - Amends the National Park Service Concessions Policy Act (the Act) to limit the period of a concession contract in a National Park System unit to ten years to a maximum of 15 years if the Secretary of the Interior (the Secretary) finds that a longer period is necessary for the acquisition of possessory interest.

Sets forth certain requirements of such contracts.

Repeals provisions of the Act to release the United States from any obligation to compensate concessioners for loss of specified investments.

Provides that franchise fees shall be based on annual gross receipts from the concession and shall not be less than a specified percentage of such receipts.

Makes the concessioner responsible for all utility costs incurred in the operation of the concession under such contracts.

Amends Federal law to prohibit the Secretary from reimbursing concessioners for utility services in the National Park System.

Prohibits the Secretary from granting preferential rights to concessioners with respect to additional contracts, and renewal of contracts or permits.

Vests in the United States all right, title, and interest to any structure, fixture, or improvement acquired or constructed on federally-owned land within an area administered by the National Park Service.

Directs the Secretary to acquire any possessory interest relating to concession contracts established before the enactment of this Act.

Prohibits the Secretary from approving the direct or indirect transfer of the possessory interest to a contract subject to the National Park Revitilization Act, except under certain circumstances.

Requires that a record of each audit under the National Park Service Concessions Policy Act be available to the public in a way that prevents revealing trade secrets and commercial or financial information that is privileged or confidential.

Specifies allocations, at the end of a fiscal year, of such franchise fees deposited into a special account established in the U.S. Treasury, during that year.

 
HR 943 IH
102d CONGRESS
1st Session
 H. R. 943
To amend the National Park Service Concessions Policy Act to foster competition
among concessioners, to improve management of concessions consistent with
the preservation of resources and the purposes of the National Park System,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 6, 1991
Mr. SYNAR introduced the following bill; which was referred to the Committee
on Interior and Insular Affairs
A BILL
To amend the National Park Service Concessions Policy Act to foster competition
among concessioners, to improve management of concessions consistent with
the preservation of resources and the purposes of the National Park System,
and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE AND DEFINITION.
  (a) SHORT TITLE- This Act may be cited as the `National Park Revitalization
  Act'.
  (b) DEFINITION- As used in this Act, the term `National Park Service
  Concessions Policy Act' means the Act entitled `An Act relating to the
  establishment of concession policies in the areas administered by National
  Park Service and for other purposes' (16 U.S.C. 20-20g).
SEC. 2. CONTRACTS.
  (a) MAXIMUM PERIOD; REQUIREMENTS- Section 3(a) of the National Park Service
  Concessions Policy Act (16 U.S.C. 20b(a)) is amended--
  (1) by inserting `(1)' after `(a)';
  (2) in paragraph (1) (as designated by paragraph (1) of this subsection),
  by inserting after the first sentence the following: `Except as provided
  in paragraph (3), the period of a contract entered into under this Act
  may not exceed 10 years.'; and
  (3) by adding at the end the following new paragraphs:
  `(2) Contracts entered into under this Act after the date of enactment of
  this paragraph shall--
  `(A) be consistent with the laws relating to the National Park System and
  the unit concerned;
  `(B) be implemented in accordance with the purposes of the National Park
  System and the general management plan for the unit of the National Park
  System concerned;
  `(C) to the maximum extent practicable, contain similar terms and conditions
  in order to facilitate administration;
  `(D) to the extent applicable, provide for acquisition of the possessory
  interest of a concessioner in a manner consistent with the objective of
  section 6(c); and
  `(E) shall be transferable or assignable only upon the consent of the
  Secretary after reconsideration and possible redetermination of the contract
  terms, including the franchise fee.
  `(3) The period of a contract may be for a period greater than 10 years if
  the Secretary finds that a longer period is necessary for the acquisition
  of possessory interest under section 6(c); except that in no event may
  the period be greater than 15 years.
  `(4) In entering contracts under this Act, consideration of revenue to
  the United States shall be subordinate to the objectives of protecting and
  preserving areas administered by the National Park Service and of providing
  adequate and appropriate services for visitors at reasonable rates.'.
  (b) REPEAL OF OBLIGATION OF UNITED STATES TO COMPENSATE FOR LOSS OF
  INVESTMENT- Paragraph (1) of section 3(a) of the National Park Service
  Concessions Policy Act (16 U.S.C. 20b(a)) (as amended by subsection (a)) is
  further amended by striking the last sentence and inserting the following:
  `Effective with respect to contracts entered into, renewed, transferred,
  assigned, or renegotiated under this Act after the date of enactment of
  this sentence, the United States shall not be obligated to compensate the
  concessioner for such structures, fixtures, or improvements.'.
  (c) FRANCHISE FEES- Section 3(d) of the National Park Service Concessions
  Policy Act (16 U.S.C. 20b(d)) is amended to read as follows:
  `(d) Franchise fees, however stated, shall be based on annual gross
  receipts from the concession and shall not be less than 22.5 percent of
  the annual gross receipts from that concession. Provision shall be made
  for reconsideration and possible readjustment of franchise fees at least
  every 5 years unless the contract period is for a lesser period of time.'.
  (d) UTILITY COSTS- (1) Section 3 of the National Park Service Concessions
  Policy Act (16 U.S.C. 20b) is amended by adding at the end the following:
  `(e) The concessioner shall be responsible for all utility costs incurred
  by the concessioner in the operation of the concession under contracts
  entered into, renewed, transferred, assigned, or renegotiated under this
  Act after the date of enactment of this subsection.'.
  (2) Paragraph 4 of the first section of the Act entitled `An Act to
  facilitate the management of the National Park System and miscellaneous
  areas administered in connection with that System, and for other purposes'
  (16 U.S.C. 1b(4)) is amended by striking `concessioners,'.
SEC. 3. REPEAL OF PREFERENTIAL RIGHTS AND POSSESSORY INTEREST.
  (a) ADDITIONAL CONTRACTS- Section 4 of the National Park Service
  Concessions Policy Act (16 U.S.C. 20c) is amended by striking `and may
  grant to such concessioner a preferential right to provide such new or
  additional accommodations, facilities, or services'.
  (b) RENEWAL OF CONTRACTS- (1) The first sentence of section 5 of the
  National Park Service Concessions Policy Act is amended by striking `giving
  preference in the renewal of contracts or permits and in the negotiation
  of new contracts or permits to the'.
  (2) Section 5 of the National Park Service Concessions Policy Act is
  amended by adding at the end the following: `The Secretary may not give
  a preference in the renewal of contracts or permits under this Act.'.
  (c) POSSESSORY INTERESTS- Section 6 of the National Park Service Concessions
  Policy Act is amended--
  (1) by inserting `(a)' after `SEC. 6';
  (2) by inserting at the end of subsection (a) (as designated by paragraph
  (1)) the following: `This subsection shall not apply to contracts entered
  into, renewed, transferred, assigned, or renegotiated after the date of
  enactment of this sentence.'; and
  (3) by adding at the end the following:
  `(b) Effective with respect to contracts entered into, renewed, transferred,
  assigned, or renegotiated under this Act after the date of enactment of
  this subsection, all right, title, and interest to any structure, fixture,
  or improvement acquired or constructed on land owned by the United States
  within an area administered by the National Park Service shall vest in
  the United States.
  `(c) The Secretary shall acquire any possessory interest established before
  the date of enactment of this subsection relating to any contract subject
  to subsection (a) with funds made available by section 10(2). Possessory
  interests relating to a concession shall be acquired before the end of
  the first contract period beginning after the date of enactment of this
  subsection that relates to that concession.
  `(d) Except as provided in section 11 of the Act entitled `An Act to
  establish the National Park Foundation', approved December 18, 1967, the
  Secretary may not approve the direct or indirect transfer of the possessory
  interest relating to a contract subject to this Act.'.
SEC. 4. AVAILABILITY OF AUDIT INFORMATION.
  The first undesignated paragraph of section 9 of the National Park Service
  Concessions Policy Act (16 U.S.C. 20g) is amended by adding at the end the
  following: `A record of each audit under this section shall be available
  to the public in a manner that does not reveal trade secrets and commercial
  or financial information that is privileged or confidential.'.
SEC. 5. USE OF FRANCHISE FEES.
  (a) IN GENERAL- The National Park Service Concessions Policy Act is amended
  by adding at the end the following new section:
`SEC. 10. USE OF FRANCHISE FEES.
  `All receipts from franchise fees, however stated, collected pursuant to
  this Act after September 30, 1991, shall be covered into a special account
  established in the Treasury of the United States. Amounts covered into the
  account in a fiscal year shall be available without further appropriation
  after the end of the fiscal year as follows:
  `(1) 2.5 percent of such receipts shall be available for the purposes of
  section 3 of the National Park System Visitor Facilities Fund Act.
  `(2) 77.5 percent of the receipts shall be allocated among the units of
  the National Park System in the same proportion as franchise fees from a
  unit bears to the total amount collected from all units under this section
  and shall be for capital and resource management, interpretation, and
  conservation needs and acquisition of possessory interest under section 6.
  `(3) The remaining 20 percent shall be allocated among the units of the
  National Park System on the basis of capital and resource management,
  interpretation, and conservation need as determined by the Director.'.
  (b) CONFORMING AMENDMENT- Section 3 of the National Park System Visitor
  Facilities Fund Act (16 U.S.C. 19bb) is amended by striking `all National
  Park System concession fees, including franchise fees and building user
  fees,' and inserting `2.5 percent of all National Park System concession
  franchise fees and all National Park System concession building user fees'.
  (c) NATIONAL PARK FOUNDATION- The Act entitled `An Act to establish the
  National Park Foundation' (16 U.S.C. 19c-19n) is amended by adding at the
  end the following:
  `SEC. 11. The Foundation is authorized to acquire the possessory interest
  relating to a concession if that possessory interest, upon acquisition by
  the Foundation, is transferred to the United States. For the purpose of this
  section, the term `possessory interest' has the meaning given such term
  under section 6 of the Act entitled `An Act relating to the establishment
  of concession policies in the areas administered by National Park Service
  and for other purposes', approved October 9, 1965.'.