US (United States) Code. Title 16. Chapter 79: National Park Service management

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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publicidad

-CITE-

16 USC CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

.

-HEAD-

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

-MISC1-

Sec.

5901. ''Secretary'' defined.

SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,

AND MANAGEMENT

5911. Protection, interpretation, and research in National Park

System.

5912. National Park Service employee training.

5913. Management development and training.

5914. Park budgets and accountability.

(a) Strategic and performance plans for each unit.

(b) Annual budget for each unit.

SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

5931. Purposes.

5932. Research mandate.

5933. Cooperative agreements.

(a) Cooperative study units.

(b) Report.

5934. Inventory and monitoring program.

5935. Availability for scientific study.

(a) In general.

(b) Criteria.

(c) Fee waiver.

(d) Negotiations.

5936. Integration of study results into management decisions.

5937. Confidentiality of information.

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

5951. Congressional findings and statement of policy.

(a) Findings.

(b) Policy.

5952. Award of concessions contracts.

5953. Term of concessions contracts.

5954. Protection of concessioner investment.

(a) Leasehold surrender interest under new

concessions contracts.

(b) Special rule for existing possessory interest.

(c) Transition to successor concessioner.

(d) Title to improvements.

(e) Definitions.

(f) Special reporting requirement.

5955. Reasonableness of rates.

(a) In general.

(b) Approval by Secretary required.

(c) Implementation of recommendations.

5956. Franchise fees.

(a) In general.

(b) Amount of franchise fee.

(c) Special account.

(d) Subaccount for each unit.

5957. Transfer of concessions contracts.

(a) Approval of Secretary.

(b) Conditions.

(c) Transfer terms.

5958. National Park Service Concessions Management Advisory Board.

(a) Establishment.

(b) Duties.

(c) Advisory Board membership.

(d) Termination.

(e) Service on Advisory Board.

5959. Contracting for services.

(a) Contracting authorized.

(b) Other management elements.

(c) Condition.

5960. Multiple contracts within park.

5961. Special rule for transportation contracting services.

(a) In general.

(b) Obligation of funds.

5962. Use of nonmonetary consideration in concessions contracts.

5963. Recordkeeping requirements.

(a) In general.

(b) Access to records.

5964. Promotion of sale of Indian, Alaska Native, Native Samoan,

and Native Hawaiian handicrafts.

(a) In general.

(b) Exemption from franchise fee.

5965. Regulations.

5966. Commercial use authorizations.

(a) In general.

(b) Criteria for issuance of authorizations.

(c) Limitations.

(d) Prohibition on construction.

(e) Duration.

(f) Other contracts.

SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK SYSTEM

5981. Fees.

5982. Distribution of Golden Eagle Passport sales.

SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM

5991. Purposes.

5992. National park passport program.

(a) Program.

(b) Effective period.

(c) Transferability.

5993. Administration.

(a) Stamp design competition.

(b) Sale of passports and stamps.

(c) Use of proceeds.

(d) Agreements.

(e) Fee.

5994. Foreign sales of Golden Eagle Passports.

5995. Effect on other laws and programs.

(a) Park passport not required.

(b) Golden Eagle Passports.

(c) Access.

(d) Limitations.

(e) Exemptions and fees.

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

6011. United States Park Police.

(a) Appointment of task force.

(b) Submission of report.

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16 USC Sec. 5901 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

-HEAD-

Sec. 5901. ''Secretary'' defined

-STATUTE-

As used in this chapter, the term ''Secretary'' means the

Secretary of the Interior, except as otherwise specifically

provided.

-SOURCE-

(Pub. L. 105-391, Sec. 2, Nov. 13, 1998, 112 Stat. 3498.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 105-391, Nov. 13, 1998, 112 Stat. 3497,

known as the National Parks Omnibus Management Act of 1998. For

complete classification of this Act to the Code, see Short Title

note below and Tables.

-MISC2-

SHORT TITLE

Pub. L. 105-391, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3497,

provided that: ''This Act (enacting this chapter and section 19o of

this title, amending sections 1a-2, 1a-5, 1a-7, and 3 of this

title, repealing section 17b-1 and subchapter IV of chapter 1 of

this title, and enacting provisions set out as notes under this

section and sections 1, 1a-5, 20, 470h-3, and 5951 of this title)

may be cited as the 'National Parks Omnibus Management Act of

1998'.''

Pub. L. 105-391, title IV, Sec. 401, Nov. 13, 1998, 112 Stat.

3503, provided that: ''This title (enacting subchapter III of this

chapter, amending sections 1a-7 and 3 of this title, repealing

section 17b-1 and subchapter IV of chapter 1 of this title, and

enacting provisions set out as a note under section 20 of this

title) may be cited as the 'National Park Service Concessions

Management Improvement Act of 1998'.''

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16 USC SUBCHAPTER I - NATIONAL PARK SERVICE CAREER

DEVELOPMENT, TRAINING, AND MANAGEMENT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,

AND MANAGEMENT

.

-HEAD-

SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,

AND MANAGEMENT

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16 USC Sec. 5911 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,

AND MANAGEMENT

-HEAD-

Sec. 5911. Protection, interpretation, and research in National

Park System

-STATUTE-

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.

-SOURCE-

(Pub. L. 105-391, title I, Sec. 101, Nov. 13, 1998, 112 Stat.

3498.)

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16 USC Sec. 5912 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,

AND MANAGEMENT

-HEAD-

Sec. 5912. National Park Service employee training

-STATUTE-

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.

-SOURCE-

(Pub. L. 105-391, title I, Sec. 102, Nov. 13, 1998, 112 Stat.

3498.)

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16 USC Sec. 5913 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,

AND MANAGEMENT

-HEAD-

Sec. 5913. Management development and training

-STATUTE-

Within 2 years after November 13, 1998, 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.

-SOURCE-

(Pub. L. 105-391, title I, Sec. 103, Nov. 13, 1998, 112 Stat.

3498.)

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16 USC Sec. 5914 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,

AND MANAGEMENT

-HEAD-

Sec. 5914. Park budgets and accountability

-STATUTE-

(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) of this

section, 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.

-SOURCE-

(Pub. L. 105-391, title I, Sec. 104, Nov. 13, 1998, 112 Stat.

3499.)

-REFTEXT-

REFERENCES IN TEXT

The Government Performance and Results Act of 1993, referred to

in subsec. (a), is Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285,

which enacted sections 1115 to 1119, 9703, and 9704 of Title 31,

Money and Finance, section 306 of Title 5, Government Organization

and Employees, and sections 2801 to 2805 of Title 39, Postal

Service, amended section 1105 of Title 31, and enacted provisions

set out as notes under sections 1101 and 1115 of Title 31. For

complete classification of this Act to the Code, see Short Title of

1993 Amendment note set out under section 1101 of Title 31 and

Tables.

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16 USC SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE

INVENTORY AND MANAGEMENT 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

.

-HEAD-

SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

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16 USC Sec. 5931 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

-HEAD-

Sec. 5931. Purposes

-STATUTE-

The purposes of this subchapter 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 sections 1,

2, 3, and 4 of this title; and

(5) to encourage the publication and dissemination of

information derived from studies in the National Park System.

-SOURCE-

(Pub. L. 105-391, title II, Sec. 201, Nov. 13, 1998, 112 Stat.

3499.)

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16 USC Sec. 5932 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

-HEAD-

Sec. 5932. Research mandate

-STATUTE-

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.

-SOURCE-

(Pub. L. 105-391, title II, Sec. 202, Nov. 13, 1998, 112 Stat.

3499.)

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16 USC Sec. 5933 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

-HEAD-

Sec. 5933. Cooperative agreements

-STATUTE-

(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 November 13, 1998, 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.

-SOURCE-

(Pub. L. 105-391, title II, Sec. 203, Nov. 13, 1998, 112 Stat.

3500.)

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16 USC Sec. 5934 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

-HEAD-

Sec. 5934. Inventory and monitoring program

-STATUTE-

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.

-SOURCE-

(Pub. L. 105-391, title II, Sec. 204, Nov. 13, 1998, 112 Stat.

3500.)

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16 USC Sec. 5935 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

-HEAD-

Sec. 5935. Availability for scientific study

-STATUTE-

(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) of this section 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.

-SOURCE-

(Pub. L. 105-391, title II, Sec. 205, Nov. 13, 1998, 112 Stat.

3500.)

-CITE-

16 USC Sec. 5936 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

-HEAD-

Sec. 5936. Integration of study results into management decisions

-STATUTE-

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.

-SOURCE-

(Pub. L. 105-391, title II, Sec. 206, Nov. 13, 1998, 112 Stat.

3500.)

-CITE-

16 USC Sec. 5937 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND

MANAGEMENT

-HEAD-

Sec. 5937. Confidentiality of information

-STATUTE-

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, 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.

-SOURCE-

(Pub. L. 105-391, title II, Sec. 207, Nov. 13, 1998, 112 Stat.

3501.)

-CITE-

16 USC SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS

MANAGEMENT 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

.

-HEAD-

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-CITE-

16 USC Sec. 5951 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5951. Congressional findings and statement of policy

-STATUTE-

(a) Findings

In furtherance of sections 1, 2, 3, and 4 of this title, 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

(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.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 402, Nov. 13, 1998, 112 Stat.

3503.)

-MISC1-

SHORT TITLE

For short title of this subchapter as the ''National Park Service

Concessions Management Improvement Act of 1998'', see section 401

of Pub. L. 105-391, set out as a note under section 5901 of this

title.

SAVINGS PROVISION

Pub. L. 105-391, title IV, Sec. 419, Nov. 13, 1998, 112 Stat.

3517, provided that:

''(a) Treatment of Glacier Bay Concession Permits Prospectus. -

Nothing contained in this title (see Short Title note set out under

section 5901 of 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 date of this title (probably means the date of enactment

of title IV of Pub. L. 105-391, which was approved Nov. 13, 1998),

shall provide for such cruise ship entries a preferential right of

renewal, as described in subparagraphs (C) and (D) of section

403(7) (16 U.S.C. 5952(7)(C), (D)). Any Glacier Bay concession

permit awarded under the authority contained in this subsection

shall expire by December 31, 2009.''

ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT

Pub. L. 105-391, title IV, Sec. 415(c), Nov. 13, 1998, 112 Stat.

3516, provided that: ''Nothing in this title (see Short Title note

set out under section 5901 of 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

revenue-producing visitor services.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5952 of this title.

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16 USC Sec. 5952 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5952. Award of concessions contracts

-STATUTE-

In furtherance of the findings and policy stated in section 5951

of this title, and except as provided by this subchapter 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.

(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.

(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 subchapter, 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 subchapter, 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 5951 of this title, 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

subchapter 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 subchapter, an ''outfitting and

guide concessions contract'' means a concessions contract which

solely 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 subchapter 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 November 13, 1998, 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 subchapter 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 subchapter 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 subchapter.

(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 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.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 403, Nov. 13, 1998, 112 Stat.

3504.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

title'', meaning title IV of Pub. L. 105-391, Nov. 13, 1998, 112

Stat. 3503, which is classified principally to this subchapter.

For complete classification of title IV to the Code, see Short

Title note set out under section 5901 of this title and Tables.

-CITE-

16 USC Sec. 5953 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5953. Term of concessions contracts

-STATUTE-

A concessions contract entered into pursuant to this subchapter

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 contract terms and

conditions, including the required construction of capital

improvements, warrant a longer term.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 404, Nov. 13, 1998, 112 Stat.

3508; Pub. L. 106-176, title III, Sec. 311, Mar. 10, 2000, 114

Stat. 34.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-176, which directed the substitution of

''contract terms and conditions,'' for ''conract terms and

conditions,'', could not be executed because the words ''conract

terms and conditions,'' did not appear.

-CITE-

16 USC Sec. 5954 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5954. Protection of concessioner investment

-STATUTE-

(a) Leasehold surrender interest under new concessions contracts

On or after November 13, 1998, 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 subchapter;

(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 November 13, 1998, the Secretary

may provide, in any particular new 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 November 13,

1998, or (B) such alternative formula that is consistent with the

objectives of this subchapter. 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 November 13, 1998, under the

terms of a concessions contract entered into before November 13,

1998, 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 November 13, 1998.

(2) In the event such prior concessioner is awarded a new

concessions contract after the effective date of this subchapter

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.

(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 subchapter, 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 November 13, 1998, 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 subchapter.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 405, Nov. 13, 1998, 112 Stat.

3508.)

-REFTEXT-

REFERENCES IN TEXT

The Federal income tax laws, referred to in subsec. (a)(4), are

classified generally to Title 26, Internal Revenue Code.

The National Park Service Concessions Policy Act, referred to in

subsec. (b)(1), is Pub. L. 89-249, Oct. 9, 1965, 79 Stat. 969,

which was classified generally to subchapter IV (Sec. 20 et seq.)

of chapter 1 of this title prior to repeal by Pub. L. 105-391,

title IV, Sec. 415(a), Nov. 13, 1998, 112 Stat. 3515.

The effective date of this subchapter, referred to in subsecs.

(b)(2) and (c), probably means the date of enactment of this

subchapter, which was approved Nov. 13, 1998.

-CITE-

16 USC Sec. 5955 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5955. Reasonableness of rates

-STATUTE-

(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) of this section.

(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 5958(a) of this title

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.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 406, Nov. 13, 1998, 112 Stat.

3510.)

-CITE-

16 USC Sec. 5956 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5956. Franchise fees

-STATUTE-

(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 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) of this section 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.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 407, Nov. 13, 1998, 112 Stat.

3511.)

-CITE-

16 USC Sec. 5957 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5957. Transfer of concessions contracts

-STATUTE-

(a) Approval of 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) of this section 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) of this section, unless such transfer or conveyance

would have an adverse impact as described in paragraph (2) of

subsection (b) of this section.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 408, Nov. 13, 1998, 112 Stat.

3512.)

-CITE-

16 USC Sec. 5958 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5958. National Park Service Concessions Management Advisory

Board

-STATUTE-

(a) Establishment

There is hereby established a National Park Service Concessions

Management Advisory Board (in this subchapter 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:

(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

(FOOTNOTE 1) meaning of this subchapter.

(FOOTNOTE 1) So in original. Probably should be ''the''.

(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.

(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 or other

comparable provisions of Federal law.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 409, Nov. 13, 1998, 112 Stat.

3512.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (d),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5955 of this title.

-CITE-

16 USC Sec. 5959 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5959. Contracting for services

-STATUTE-

(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 subchapter

and sections 1, 2, 3, and 4 of this title. 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.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 410, Nov. 13, 1998, 112 Stat.

3514.)

-CITE-

16 USC Sec. 5960 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5960. Multiple contracts within park

-STATUTE-

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 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.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 411, Nov. 13, 1998, 112 Stat.

3514.)

-CITE-

16 USC Sec. 5961 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5961. Special rule for transportation contracting services

-STATUTE-

(a) In general

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.

(b) Obligation of funds

Notwithstanding any other provision of law, with respect to a

service contract for the provision solely of transportation

services at Zion National Park, the Secretary may obligate the

expenditure of fees received in fiscal year 2002 under section 5981

of this title before the fees are received.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 412, Nov. 13, 1998, 112 Stat.

3515; Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title I, Sec.

143), Nov. 29, 1999, 113 Stat. 1535, 1501A-171; Pub. L. 106-291,

title I, Sec. 139, Oct. 11, 2000, 114 Stat. 949; Pub. L. 107-63,

title I, Sec. 122, Nov. 5, 2001, 115 Stat. 440.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b). Pub. L. 107-63 substituted ''2002'' for

''2001''.

2000 - Subsec. (b). Pub. L. 106-291 substituted ''2001'' for

''2000''.

1999 - Pub. L. 106-113 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

-CITE-

16 USC Sec. 5962 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5962. Use of nonmonetary consideration in concessions

contracts

-STATUTE-

Section 1302 of title 40, relating to the leasing of buildings

and properties of the United States, shall not apply to contracts

awarded by the Secretary pursuant to this subchapter.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 413, Nov. 13, 1998, 112 Stat.

3515.)

-COD-

CODIFICATION

''Section 1302 of title 40'' substituted in text for ''Section

321 of the Act of June 30, 1932 (40 U.S.C. 303b)'' on authority of

Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the

first section of which enacted Title 40, Public Buildings,

Property, and Works.

-CITE-

16 USC Sec. 5963 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5963. Recordkeeping requirements

-STATUTE-

(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.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 414, Nov. 13, 1998, 112 Stat.

3515.)

-CITE-

16 USC Sec. 5964 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5964. Promotion of sale of Indian, Alaska Native, Native

Samoan, and Native Hawaiian handicrafts

-STATUTE-

(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 subchapter.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 416, Nov. 13, 1998, 112 Stat.

3516.)

-CITE-

16 USC Sec. 5965 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5965. Regulations

-STATUTE-

As soon as practicable after the effective date of this

subchapter, 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 subchapter.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 417, Nov. 13, 1998, 112 Stat.

3516.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this subchapter, referred to in text,

probably means the date of enactment of this subchapter, which was

approved Nov. 13, 1998.

-CITE-

16 USC Sec. 5966 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT

-HEAD-

Sec. 5966. Commercial use authorizations

-STATUTE-

(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 subchapter nor shall other sections of this

subchapter 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;

(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.

-SOURCE-

(Pub. L. 105-391, title IV, Sec. 418, Nov. 13, 1998, 112 Stat.

3516.)

-CITE-

16 USC SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK

SYSTEM 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK SYSTEM

.

-HEAD-

SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK SYSTEM

-CITE-

16 USC Sec. 5981 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK SYSTEM

-HEAD-

Sec. 5981. Fees

-STATUTE-

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.

-SOURCE-

(Pub. L. 105-391, title V, Sec. 501, Nov. 13, 1998, 112 Stat.

3518.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5961 of this title.

-CITE-

16 USC Sec. 5982 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK SYSTEM

-HEAD-

Sec. 5982. Distribution of Golden Eagle Passport sales

-STATUTE-

Not later than 6 months after November 13, 1998, 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.

-SOURCE-

(Pub. L. 105-391, title V, Sec. 502, Nov. 13, 1998, 112 Stat.

3518.)

-CITE-

16 USC SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM

.

-HEAD-

SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM

-CITE-

16 USC Sec. 5991 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM

-HEAD-

Sec. 5991. Purposes

-STATUTE-

The purposes of this subchapter 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.

-SOURCE-

(Pub. L. 105-391, title VI, Sec. 601, Nov. 13, 1998, 112 Stat.

3518.)

-CITE-

16 USC Sec. 5992 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM

-HEAD-

Sec. 5992. National park passport program

-STATUTE-

(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.

-SOURCE-

(Pub. L. 105-391, title VI, Sec. 602, Nov. 13, 1998, 112 Stat.

3519.)

-CITE-

16 USC Sec. 5993 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM

-HEAD-

Sec. 5993. Administration

-STATUTE-

(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 15 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.

-SOURCE-

(Pub. L. 105-391, title VI, Sec. 603, Nov. 13, 1998, 112 Stat.

3519; Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title I, Sec.

145), Nov. 29, 1999, 113 Stat. 1535, 1501A-171; Pub. L. 106-176,

title III, Sec. 306, Mar. 10, 2000, 114 Stat. 33.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(1). Pub. L. 106-176 directed amendment

identical to amendment by Pub. L. 106-113. See 1999 Amendment note

below.

1999 - Subsec. (c)(1). Pub. L. 106-113 substituted ''15 percent''

for ''10 percent''.

-CITE-

16 USC Sec. 5994 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM

-HEAD-

Sec. 5994. Foreign sales of Golden Eagle Passports

-STATUTE-

The Secretary of Interior shall -

(1) make Golden Eagle Passports issued under section

460l-6a(a)(1)(A) of this title 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

(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.

-SOURCE-

(Pub. L. 105-391, title VI, Sec. 604, Nov. 13, 1998, 112 Stat.

3519.)

-REFTEXT-

REFERENCES IN TEXT

Section 315 of the Department of the Interior and Related

Agencies Appropriations Act, 1996, referred to in par. (1), is Pub.

L. 104-134, title I, Sec. 101(c) (title III, Sec. 315), Apr. 26,

1996, 110 Stat. 1321-156, 1321-200, as amended, which is set out as

a note under section 460l-6a of this title.

-CITE-

16 USC Sec. 5995 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM

-HEAD-

Sec. 5995. Effect on other laws and programs

-STATUTE-

(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 460l-6a(a)(2) of this title 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 460l-6a(a)

of this title.

(b) Golden Eagle Passports

A Golden Eagle Passport issued under section 460l-6a(a)(1)(A) of

this title 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

November 13, 1998.

(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 460l-6a(b) of this title or such Recreational Fee

Demonstration Program (16 U.S.C. 460l-6a note).

-SOURCE-

(Pub. L. 105-391, title VI, Sec. 605, Nov. 13, 1998, 112 Stat.

3520.)

-REFTEXT-

REFERENCES IN TEXT

Section 315 of the Department of the Interior and Related

Agencies Appropriations Act, 1996, referred to in subsec. (a)(1),

is Pub. L. 104-134, title I, Sec. 101(c) (title III, Sec. 315),

Apr. 26, 1996, 110 Stat. 1321-156, 1321-200, as amended, which is

set out as a note under section 460l-6a of this title.

-CITE-

16 USC SUBCHAPTER VI - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

.

-HEAD-

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-CITE-

16 USC Sec. 6011 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT

SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6011. United States Park Police

-STATUTE-

(a) Appointment of task force

Not later than 60 days after November 13, 1998, 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 November 13, 1998, 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.

-SOURCE-

(Pub. L. 105-391, title VIII, Sec. 801, Nov. 13, 1998, 112 Stat.

3521.)

-CITE-