A bill to amend the Act establishing the National Park Foundation.

Revises the purposes of the National Park Foundation to: (1) include developing and implementing means of securing funds from the private sector to enhance funding for the National Park System (NPS) without supplanting otherwise available appropriated funds; and (2) exclude accepting and administering private gifts on behalf of the National Park Service.

Grants the Foundation exclusive authority to license or authorize persons to use such trademarks, symbols, likenesses, or slogans that are adopted and owned by the Foundation and for which it has filed an application with the U.S. Patent and Trademark Office for the purpose of representing, promoting, or advertising for commercial purposes or pecuniary gain that an individual, company, or particular good service is an official sponsor or official supporter of the NPS or the Service.

Specifies conditions under which such license or authorization may be granted, such as subjecting the criteria and guidelines for the competitive issuance and the maintenance of a license or authorization to the prior written approval of the Secretary of the Interior. Authorizes the Foundation to license property.

Prohibits the Foundation, except as provided in this Act, from: (1) engaging in any business for pecuniary profit or gain; (2) operating any commercial establishment or enterprise within NPS units; or (3) engaging in any lobbying activities concerning NPS management.

Requires: (1) all of the Foundation's income, net of reasonable operating expenses, contributions to local government, and reserves determined necessary or appropriate by its Board to be provided for the Service's benefit; and (2) all net income derived from the licenses and authorizations under this Act to be expended in accordance with Service's policies and priorities on programs, projects, or activities that benefit the NPS or the Service as identified by the Secretary of the Interior in consultation with the Foundation.

Sets forth congressional reporting requirements.

Subjects persons to a civil suit and remedies for unlawful use of the Foundation's name, trademark, symbol, slogan, or any facsimile or simulation thereof to suggest falsely that an individual, company, or particular good or service is an official sponsor or official supporter of the NPS or the Service for commercial purposes.

Includes the Foundation as a private corporation established under Federal law for purposes of provisions concerning audits of federally chartered corporations.

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1703 Introduced in Senate (IS)]


104th CONGRESS
  2d Session
                                S. 1703

      To amend the Act establishing the National Park Foundation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 1996

    Mr. Murkowski (for himself, Mr. Johnston, Mr. Bennett, and Mr. 
  Kempthorne) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
      To amend the Act establishing the National Park Foundation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Act of 
December 18, 1967 (16 U.S.C. 19e-19n), entitled ``An Act to establish 
the National Park Foundation'', is amended:
            (1) in section 1--
                    (A) by striking ``therein'' and inserting in lieu 
                thereof ``therein, and to develop and implement means 
                of securing funds from the private sector,''; and
                    (B) by striking ``to accept and administer such 
                gifts'';
            (2) in section 3--
                            (i) by inserting ``(a)'' after ``Sec. 3.''; 
                        and
                            (ii) by inserting at the end thereof the 
                        following--
    ``(b) In furtherance of the purposes of this Act, the Foundation 
shall have exclusive authority to license or authorize persons to use 
any trademark, tradename, sign, symbol, emblem, insignia, logo, 
likeness or slogan to represent, promote, or advertise that an 
individual, company, or particular good or service is an official 
sponsor or supporter of the National Park System, National Park 
Service, or any unit of the National Park System: Provided, That any 
license or authorization referred to in this subsection shall be 
subject to the prior written approval of the Secretary of the Interior, 
who may not delegate this authority: Provided further, That except as 
provided in this Act, no person may use for commercial purposes any 
trademark, tradename, sign, symbol, emblem, insignia, slogan, or 
related artistic design belonging to the National Park Service.'';
            (3) in section 4--
                    (A) by inserting ``and section 8(b)'' between 
                ``transfer'' and the comma;
                    (B) by inserting ``license,'' between ``lease,'' 
                and ``invest''; and
                    (C) by striking ``any business, nor shall the 
                Foundation'' and inserting in lieu thereof ``business 
                for pecuniary profit or gain, except as provided in 
                section 8(b); operate any commercial establishment or 
                enterprise within any unit of the National Park System; 
                engage in any lobbying activities as defined in section 
                3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
                1602(7)) concerning the management of the National Park 
                System; or'';
            (4) in section 8--
                    (A) by inserting ``(a)'' after ``Sec. 8.''; and
                    (B) by inserting at the end the following:
    ``(b) All of the income in the Foundation, net of operating 
expenses, any contributions to local government pursuant to subsection 
(a), and reserves determined necessary or appropriate by the Board, 
shall be provided to or for the benefit of the National Park 
Service.''; and
            (5) at the end, by inserting the following:
    ``Sec. 11. Whoever, without the authorization of the Foundation, 
uses purposes of trade, to induce the sale of any good or service, or 
to promote any commercial activity, the name of the Foundation, or any 
trademark, tradename, sign, symbol, emblem, insignia, logo, likeness, 
or slogan referred to in section 3(b), or any facsimile or simulation 
thereof, shall be subject to suit in a civil action by the Foundation 
for the remedies provided in the Act of July 5, 1946 (15 U.S.C. 1051 et 
seq.) and, additionally, a civil penalty of $1,000 for each day of such 
unauthorized use.''.
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