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(continued) (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.
(Pub. L. 105-391, title IV, Sec. 409, Nov. 13, 1998, 112 Stat. 3512.)
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.
Sec. 5959. Contracting for services
(a) Contracting authorized
(1) To the maximum extent practicable, the Secretary shall contract
with private entities to conduct or assist in those elements of the
management of the National Park Service concessions program considered
by the Secretary to be suitable for non-Federal performance. Such
management elements include each of the following:
(A) Health and safety inspections.
(B) Quality control of concessions operations and facilities.
(C) Strategic capital planning for concessions facilities.
(D) Analysis of rates and charges to the public.
(2) The Secretary may also contract with private entities to assist
the Secretary with each of the following:
(A) Preparation of the financial aspects of prospectuses for
National Park Service concessions contracts.
(B) Development of guidelines for a national park system capital
improvement and maintenance program for all concession occupied
facilities.
(C) Making recommendations to the Director of the National Park
Service regarding the conduct of annual audits of concession fee
expenditures.
(b) Other management elements
The Secretary shall also consider, taking into account the
recommendations of the Advisory Board, contracting out other elements of
the concessions management program, as appropriate.
(c) Condition
Nothing in this section shall diminish the governmental
responsibilities and authority of the Secretary to administer
concessions contracts and activities pursuant to this 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.
(Pub. L. 105-391, title IV, Sec. 410, Nov. 13, 1998, 112 Stat. 3514.)
Sec. 5960. Multiple contracts within park
If multiple concessions contracts are awarded to authorize
concessioners to provide the same or similar outfitting, guiding, river
running, or other similar services at the same approximate location or
resource within a specific national park, the Secretary shall establish
a comparable franchise fee structure for all such same or similar
contracts, except that the terms and conditions 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.
(Pub. L. 105-391, title IV, Sec. 411, Nov. 13, 1998, 112 Stat. 3514.)
Sec. 5961. Special rule for transportation contracting services
(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.
(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.)
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).
Sec. 5962. Use of nonmonetary consideration in concessions
contracts
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.
(Pub. L. 105-391, title IV, Sec. 413, Nov. 13, 1998, 112 Stat. 3515.)
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.
Sec. 5963. Recordkeeping requirements
(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.
(Pub. L. 105-391, title IV, Sec. 414, Nov. 13, 1998, 112 Stat. 3515.)
Sec. 5964. Promotion of sale of Indian, Alaska Native, Native
Samoan, and Native Hawaiian handicrafts
(a) In general
Promoting the sale of authentic United States Indian, Alaskan
Native, Native Samoan, and Native Hawaiian handicrafts relating to the
cultural, historical, and geographic characteristics of units of the
National Park System is encouraged, and the Secretary shall ensure that
there is a continuing effort to enhance the handicraft trade where it
exists and establish the trade in appropriate areas where such trade
currently does not exist.
(b) Exemption from franchise fee
In furtherance of these purposes, the revenue derived from the sale
of United States Indian, Alaska Native, Native Samoan, and Native
Hawaiian handicrafts shall be exempt from any franchise fee payments
under this subchapter.
(Pub. L. 105-391, title IV, Sec. 416, Nov. 13, 1998, 112 Stat. 3516.)
Sec. 5965. Regulations
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.
(Pub. L. 105-391, title IV, Sec. 417, Nov. 13, 1998, 112 Stat. 3516.)
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.
Sec. 5966. Commercial use authorizations
(a) In general
To the extent specified in this section, the Secretary, upon
request, may authorize a private person, corporation, or other entity to
provide services to visitors to units of the National Park System
through a commercial use authorization. Such authorizations shall not be
considered as concessions contracts pursuant to this 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.
(Pub. L. 105-391, title IV, Sec. 418, Nov. 13, 1998, 112 Stat. 3516.)
Sec. 5981. Fees
Notwithstanding any other provision of law, where the National Park
Service or an entity under a service contract with the National Park
Service provides transportation to all or a portion of any unit of the
National Park System, the Secretary may impose a reasonable and
appropriate charge to the public for the use of such transportation
services in addition to any admission fee required to be paid.
Collection of both the transportation and admission fees may occur at
the transportation staging area or any other reasonably convenient
location determined by the Secretary. The Secretary may enter into
agreements with public or private entities, who qualify to the
Secretary's satisfaction, to collect the transportation and admission
fee. Such transportation fees collected as per this section shall be
retained by the unit of the National Park System at which the
transportation fee was collected and the amount retained shall be
expended only for costs associated with the transportation systems at
the unit where the charge was imposed.
(Pub. L. 105-391, title V, Sec. 501, Nov. 13, 1998, 112 Stat. 3518.)
Sec. 5982. Distribution of Golden Eagle Passport sales
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.
(Pub. L. 105-391, title V, Sec. 502, Nov. 13, 1998, 112 Stat. 3518.)
Repeal of Section
Section repealed on the date the notice required by section
6804(a)(3) of this title is published in the Federal Register, see
section 6812(d)(1) of this title.
Sec. 5991. Purposes
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.
(Pub. L. 105-391, title VI, Sec. 601, Nov. 13, 1998, 112 Stat. 3518.)
Repeal of Section
Section repealed on the date the notice required by section
6804(a)(3) of this title is published in the Federal Register, see
section 6812(d)(2) of this title.
Sec. 5992. National park passport program
(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.
(Pub. L. 105-391, title VI, Sec. 602, Nov. 13, 1998, 112 Stat. 3519.)
Repeal of Section
Section repealed on the date the notice required by section
6804(a)(3) of this title is published in the Federal Register, see
section 6812(d)(2) of this title.
Sec. 5993. Administration
(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.
(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.)
Repeal of Section
Section repealed on the date the notice required by section
6804(a)(3) of this title is published in the Federal Register, see
section 6812(d)(2) of this title.
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''.
Sec. 5994. Foreign sales of Golden Eagle Passports
The Secretary of Interior shall--
(1) make Golden Eagle Passports issued under section 460l-
6a(a)(1)(A) \1\ 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
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\1\ See References in Text note below.
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(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.
(Pub. L. 105-391, title VI, Sec. 604, Nov. 13, 1998, 112 Stat. 3519.)
Repeal of Section
Section repealed on the date the notice required by section
6804(a)(3) of this title is published in the Federal Register, see
section 6812(d)(2) of this title.
References in Text
Section 460l-6a(a) of this title, referred to in par. (1), was
repealed by Pub. L. 108-447, div. J, title VIII, Sec. 813(a), Dec. 8,
2004, 118 Stat. 3390.
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 was set out as a note under
section 460l-6a of this title, prior to repeal by Pub. L. 108-447, div.
J, title VIII, Sec. 813(b), Dec. 8, 2004, 118 Stat. 3390.
Sec. 5995. Effect on other laws and programs
(a) Park passport not required
A national park passport shall not be required for--
(1) a single visit to a national park that charges a single
visit admission fee under section 460l-6a(a)(2) \1\ 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
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\1\ See References in Text note below.
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(2) an individual who has obtained a Golden Age or Golden Access
Passport under paragraph (4) or (5) of section 460l-6a(a) \1\ of
this title.
(b) Golden Eagle Passports
A Golden Eagle Passport issued under section 460l-6a(a)(1)(A) \1\ 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) \1\ of this title or such Recreational Fee Demonstration
Program (16 U.S.C. 460l-6a note).
(Pub. L. 105-391, title VI, Sec. 605, Nov. 13, 1998, 112 Stat. 3520.)
Repeal of Section
Section repealed on the date the notice required by section
6804(a)(3) of this title is published in the Federal Register, see
section 6812(d)(2) of this title.
References in Text
Section 460l-6a(a) and (b) of this title, referred to in subsecs.
(a), (b), and (e), was repealed by Pub. L. 108-447, div. J, title VIII,
Sec. 813(a), Dec. 8, 2004, 118 Stat. 3390.
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 was set out as a note under
section 460l-6a of this title, prior to repeal by Pub. L. 108-447, div.
J, title VIII, Sec. 813(b), Dec. 8, 2004, 118 Stat. 3390.
Sec. 6011. United States Park Police
(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.
(Pub. L. 105-391, title VIII, Sec. 801, Nov. 13, 1998, 112 Stat. 3521.)