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S. 1693 (es) To provide for improved management and increased accountability for certain National Park Service programs, and for other purposes. ...


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        S.1693

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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.

    TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT

Sec. 201. Purposes.
Sec. 202. Research mandate.
Sec. 203. Cooperative agreements.
Sec. 204. Inventory and monitoring program.
Sec. 205. Availability for scientific study.
Sec. 206. Integration of study results into management decisions.
Sec. 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.

         TITLE IV--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

Sec. 401. Short title.
Sec. 402. Congressional findings and statement of policy.
Sec. 403. Award of concessions contracts.
Sec. 404. Term of concessions contracts.
Sec. 405. Protection of concessioner investment.
Sec. 406. Reasonableness of rates.
Sec. 407. Franchise fees.
Sec. 408. Transfer of concessions contracts.
Sec. 409. National Park Service Concessions Management Advisory Board.
Sec. 410. Contracting for services.
Sec. 411. Multiple contracts within a park.
Sec. 412. Special rule for transportation contracting services.
Sec. 413. Use of nonmonetary consideration in concessions contracts.
Sec. 414. Recordkeeping requirements.
Sec. 415. Repeal of National Park Service Concessions Policy Act.
Sec. 416. 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.

                TITLE VI--NATIONAL PARK PASSPORT PROGRAM

Sec. 601. Purposes.
Sec. 602. National Park passport program.
Sec. 603. Administration.
Sec. 604. Foreign sales of Golden Eagle Passports.
Sec. 605. 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.

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

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 state-of-the-art 
management, protection, and interpretation of and research on the 
resources of the National Park System.

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.

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.

SEC. 104. PARK BUDGETS AND ACCOUNTABILITY.

    (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.

    TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT

SEC. 201. PURPOSES.

    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.

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.

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.

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 evaluation of each 
superintendent of a unit of the National Park System.

SEC. 207. CONFIDENTIALITY OF INFORMATION.

    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

SEC. 301. SHORT TITLE.

    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.

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 

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