Some of the major changes in the 1998 Act include: Reduced preferential right … Here are the steps for Status of Legislation: Title I: National Park Service Career Development, Training, Title II: National Park System Resource Inventory and, Title III: Study Regarding Addition of New, Title IV: National Park Service Concessions Management, Title V: Fees for Use of National Park System, Title VI: National Park Passport Program, Title VII: National Park Foundation Support. [chamberOfAction] => Senate National Parks Omnibus Management Act of 1998 - Title I: National Park Service Career Development, Training, and Management - Requires the Secretary of the Interior to continually improve the ability of the National Park Service to provide state-of-the-art management, protection, and interpretation of, and research on, the National Park System (NPS) resources. of Interior, 538 U.S. 803 (2003). Sec. The National Park Service Concessions Management Improvement Act of 1998, referred to in text, is title IV of Pub. Prohibits any such study from being initiated after this Act's enactment, except with congressional authorization. 45 through 59) System Unit Resource Protection Act (SURPA) National Parks Omnibus Management Act of 1998 – 54 USC 100701 et seq. Title V: Fees for Use of National Park System - Authorizes the Secretary to impose a charge to the public for the use of transportation services provided by the Service or a contractor to any NPS unit in addition to any required admission fee. (Sec. ( (the 1998 Act). 411. L. 105-391, title IV, Nov. 13, 1998, 112 Stat. The 1965 Concessions Act and the 1998 Concessions Act are described more fully below. (Sec. [externalActionCode] => 20500 (Sec. by Topic...Administrative Records and FOIAAsset ManagementAuthorities and DelegationsCommercial Use AuthorizationsConcessions ContractingEnvironmental ManagementFinancial ManagementFranchise FeesLeasingOperationsPublic HealthRate AdministrationRisk Management and InsuranceStandards and Evaluations [description] => Passed Senate 409. [actionDate] => 1998-10-13 In that event, the rules and requirements set out in the NPS Concessions Management Improvement Act of 1998 as well as NPS’s existing concession regulations would not apply. (Sec. 5911. Includes under the program a collectible stamp providing the holder admission to all NPS units. (Sec. 410. 413) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to the leasing of U.S. buildings and properties. The prospectus will be prepared by the NPS in compliance with the Concessions Management Improvement Act of 1998. The panel operated under the provisions of the 1998 National Park Service Concessions Management Improvement Act, and applied the selection factors described in detail in the prospectus. Special rule for transportation contracting services. Pub. Title IV: National Park Service Concessions Management - National Park Service Concessions Management Improvement Act of 1998 - Directs the Secretary to utilize concessions contracts to authorizepersons, corporations, or other entities to provide accommodations, facilities and services to visitors to NPS units. Makes 20 percent of account funds available to support activities throughout the NPS regardless of the unit in which the funds were collected. On November 13, 1998, the President signed the National Park Service Concessions Management Improvement Act of 1998, Public Law 105-91, which repealed the 1965 Concessions Policy Act but did not affect the validity of any concession contract or permit entered into under the 1965 Act. DOI IG audits on concessions management (2005), franchise fees (2003), concessioner special accounts (2002), concession contracting (1999), and concessioner improvement accounts (1998). Title II: National Park System Resource Inventory and Management - Authorizes and directs the Secretary to: (1) assure that management of NPS units is enhanced by the availability and utilization of a broad program of the highest quality science and information; and (2) in partnership with other Federal and State agencies, enter into cooperative agreements with colleges and universities (including land grant schools) to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the NPS resources or the larger region of which parks are a part. Regulations for implementing the National Park Service Concessions Management Improvement Act of 1998 weren’t finalized until 2000, according to National Park Service Concessions … (Sec. Nov. 13, 1998 [S. 1693] (Sec. ), Blog – In Custodia Legis: Law Librarians of Congress, Senate - Energy and Natural Resources | House - Resources, 11/13/1998 Became Public Law No: 105-391. [chamberOfAction] => House National parks around the country are scrambling to fill expired concession contracts. National Parks Omnibus Management Act of 1998. (Sec. Requires concessions contracts to be awarded to the entity submitting the best proposal as determined by the Secretary through a competitive selection process. ), Array Commercial Park Uses Commercial use authorizations (CUAs) may be issued pursuant to section 418 of the National Park Service Concessions Management Improvement Act of 1998 (16 USC 5966). [externalActionCode] => 17000 409) Establishes a National Park Service Concessions Management Advisory Board to advise the Secretary and Service on matters relating to management of concessions in NPS areas. (. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) renew concessions contracts or any other form of preference to such contracts, with exceptions; and (2) provide new or additional services at an NPS unit. ( [actionDate] => 1998-11-03 Limits such authorization to: (1) commercial operations with annual gross receipts of not more than $25,000 resulting from services originating and provided solely within an NPS unit pursuant to such authorization; (2) the incidental use of unit resources by commercial operations which provide services originating and terminating outside of unit boundaries; or (3) uses by organized children's camps, outdoor clubs, and nonprofit institutions and other appropriate uses. Whether correctly interpreting the National Park Concessions Management Improvement Act of 1998, navigating the concession contracting process or determining where the Federal Tort Claims Act comes into play, legal counsel must be well versed in the nuances of the National Park Service (NPS) concession industry. 414) Outlines concessioner recordkeeping requirements. As stated in the Concessions Management Improvement Act of 1998, concession operations "are consistent to the highest practicable degree with the preservation and conservation of resources and values of the park unit." 405) Sets forth provisions concerning: (1) leasehold surrender interest under new concessions contracts; (2) a special rule for existing possessory interest; (3) transition to a successor concessioner; (4) Federal title to capital improvements by a concessioner on federally-owned land in an NPS unit; and (5) concessioners' rates and charges to the public. [description] => Introduced Requires a report from the Secretary to specified congressional committees on findings and recommendations. Allows such preferential rights to be granted for certain outfitter and guide contracts and certain contracts with annual gross receipts of under $500,000. H. Rept. [chamberOfAction] => L. 105–391, title IV, §401, Nov. 13, 1998, 112 Stat. Regulations which cover concession contracts can be found at 36 CFR 51 which address: Download the official NPS app before your next visit, Contract Solicitation, Selection and Award Procedures, Right of Preference to a New Concession Contract and Determining a Preferred Offeror, Leasehold Surrender Interest and Possessory Interest, Assignment or Encumbrance of Concession Contracts. Concessioners have used private funds to build most of the lodges and key visitor facilities in the national parks. [description] => Resolving Differences The 1965 Concession Policy Act (Public Law 89-249) historically governed concession contracts and operations. (Sec. (Sec. The Concessions Management Improvement Act of 1998 defines the asset management responsibilities for concession facilities. ), Array 418) Allows the Secretary, upon request, to authorize a private entity to provide services to visitors to NPS units through a commercial use authorization. In 2016, the Park Service managed 488 concessions contracts , and such 206) Requires: (1) the Secretary to take necessary measures to assure the full and proper utilization of the study results for park management decisions; and (2) in each case in which a park resource may be adversely affected by an action undertaken by the Service, the administrative record to reflect the manner in which unit resource studies have been considered. The 1998 Concessions Management Improvement Act governs concessions services at national parks. Other News Concessioners fill a vital role with helping the National Park Service (NPS) carry out its mission. 412. Allows the Secretary, without public solicitation, to award: (1) a temporary concessions contract or to extend an existing one for a term not to exceed three years in order to avoid interruption of services to the public at an NPS unit; and (2) a concessions contract in extraordinary circumstances where compelling and equitable considerations require awarding of such contract to a particular party in the public interest. Title VII: National Park Foundation Support - Amends the National Park Foundation Act to direct the National Park Foundation to: (1) design and implement a comprehensive program to assist and promote philanthropic programs of support at the individual national park unit level; and (2) include information on the program's progress in a required annual report. § 101911 et seq. ( Requires the Secretary, before awarding a new concessions contract (including renewals or extensions of existing ones) to publicly solicit proposals for the contract and, in connection with such solicitation, to prepare and publish a prospectus providing notice of its availability. 3503 (1998) (codified as amended at 16 U.S.C. Title III: Study Regarding Addition of New National Park System Areas - National Park System New Areas Studies Act - Amends the National Park System General Authorities Act to direct the Secretary to submit to specified congressional committees a list of areas recommended for study for potential inclusion in the NPS. Title IV: National Park Service Concessions Management - National Park Service Concessions Management Improvement Act of 1998 - Directs the Secretary to utilize concessions contracts to authorizepersons, corporations, or other entities to provide accommodations, facilities and services to visitors to NPS units. (Sec. Congress enacted the 1998 Concessions Management Improvement Act (Public Law 105-391) with the objective of improving concessions and increasing competition of contracts. [externalActionCode] => 36000 In support, your letter cites to the legislative history of the NPS Concessions Management Improvement Act of 1998, 16 U.S.C. Array The Interior Department is advocating the change saying that the Concessions Management Improvement Act of 1998, which governs concession agreements, … [actionDate] => 1998-11-13 (Sec. §§ 5951–66 (2006)). Limits authorizations to two-year terms. [displayText] => Resolving differences -- Senate actions: Senate agreed to the House amendment by Unanimous Consent. Since 1998, with the passage of an act reforming concessions management, issuance of most concession contracts generally became subject to … (Sec. (begins on p. 12) Volunteers in the Parks Act of 1969 – 54 USC 102301 (pp. [actionDate] => 1998-10-14 105-767. [description] => Passed House 404) Establishes a maximum ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years if determined necessary. This law authorized numerous policies and procedures regarding concessions operations. 411) Directs the Secretary, if multiple concessions contracts are awarded to provide similar outfitting, guiding, river running, or other similar services at the same approximate location or resource within a national park, to establish a comparable franchise fee structure for all such contracts. Sec. (consideration: CR S12494-12502) 3503. 94-I-121 l), issued in September 1994, recommended that the Park Service obtain a legal opinion on the establishment and use of concessioner improvement accounts Provides that the Comptroller General shall, until the expiration of five calendar years after the close of the business year for each concessioner, have access to and the right to examine any pertinent books, documents, papers, and records of the concessioner related to the contracts. Mr. Chairman and members of the committee, thank you for the opportunity to provide an update on the implementation of the National Park Service Concessions Management Improvement Act, Title IV of the National Parks Omnibus Management Act of 1998 (Public Law 105-391). 102) Directs the Secretary to develop: (1) a comprehensive training program for employees in all professional careers in the Service's workforce to assure that it has the best, up-to-date knowledge, skills, and abilities with which to manage, interpret, and protect NPS resources; and (2) a clear management development and training program to enable qualified Service employees from any appropriate academic field to move into park management positions, including the position of NPS unit superintendent. The National Park Service complies with the requirements of the Concessions Management Improvement Act of 1998 and its applicable regulations when developing concessions contracts for providing commercial visitor services in units of the National Park System. [chamberOfAction] => House Outlines lease requirements. 100101note L. 105–391, Nov. 13, 1998, 112 Stat. L. No. [displayText] => Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent. The 1998 Concessions Management Improvement Act governs concessions services at national parks. National Park Service Concessions Management Improvement Act of 1998 – 54 USC 101911 through 101926 (pp. 415) Repeals the National Park Service Concessions Policy Act. Requires the Secretary to also consider contracting out other elements of the concessions management program as appropriate. Sets forth congressional reporting requirements for the Board. 502) Requires the Secretary and the Secretary of Agriculture to 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. - The Office of Inspector General report “Concessions Management, National Park Service” (No. 603) Outlines program administrative provisions and requirements, including provisions governing the sale of stamps and passports and the use of passport proceeds for NPS projects. (Sec. Makes subaccount funds available for visitor services and for funding high priority resource management programs. ( Terminates permits awarded under this section by December 31, 2009. 5951 et seq., and a brief filed by the Solicitor General in the case of National Park Hospitality Ass’n v. Dept. ), Array Exempts revenue derived from such sales from any franchise fee payment. Asset management responsibilities start with contract development and continue throughout the contract term to ensure: Concession facilities are maintained to the satisfaction of the Director Establishes subaccounts for each unit within the special account and credits each subaccount with 80 percent of the franchise fees and other monetary consideration collected at a single NPS unit under concessions contracts. Sec. 205) Authorizes the Secretary to solicit, receive, and consider requests from Federal or non-Federal public or private agencies, organizations, individuals, or other entities for the use of NPS units for purposes of scientific study. Requires such fees or considerations to be deposited into a special Treasury account. Requires congressional notification of any proposed contract with anticipated gross receipts exceeding $5 million or a duration of more than ten years. The National Park Service proposes to revise regulations that govern the solicitation, award, and administration of concession contracts to provide commercial visitor services at National Park Service units under the authority granted through the Concessions Management Improvement Act of 1998 and the National Park Service Centennial Act. After Congress enacted the 1998 Act, NPS created regulations to implement the statute, which are set out at 36 The 1998 Concessions Management Improvement Act governs concessions services at national parks. [displayText] => Presented to President. 410) Requires the Secretary to contract with private entities to conduct those elements of Service concessions management suitable for non-Federal performance, including: (1) health and safety inspections; (2) quality control of concessions operations and facilities; (3) strategic capital planning; and (4) analysis of rates and charges to the public. Your browser is not supported by Congress.gov. 3503 Short title, see 54 U.S.C. [chamberOfAction] => Senate ( Start Preamble SUMMARY: Pursuant to the National Park Service Concessions Management Improvement Act of 1998, notice is hereby given that the National Park Service intends to extend the concession contract with Crater Lake Lodge, Inc., authorizing continuation of visitor services which include lodging, food service, campground, gasoline service, retail merchandise, and … The statutory authority specifically controls which National Park Service (NPS) concessions is the National Park Service Concessions Management Improvement Act of 1998 which is set out at 54 U.S.C. National Park Service Concessions Management Improvement Act of 1998 National Park Service Concessions Management Improvement Act of 1998 Pub. We do not find these materials to be dispositive. Program processes and procedures to implement the policy contained in Management Policies can be found in the Commercial Services Guide. 407) Sets forth criteria for determining franchise fees or other monetary considerations. The public may also refer to these policies to understand how the NPS will meet its park management responsibilities under the 1916 NPS Organic Act. The proposals were analyzed by a panel of NPS concession specialists and industry subject matter experts. The NPS Concessions program has been defined by two major laws – The Concessions Policy Act of 1965 (Public Law 89-249) and the National Park Service Concessions Management Improvement Act of 1998 (Public Law 105-391). 419) Requires 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 this title's effective date, to provide such right of renewal pursuant to this Act. Sets at $50 the fee for the park passport and stamp. Permits amounts collected to be expended only for costs associated with transportation systems at the unit where the charge was imposed. ), Array The Concessions Management Improvement Act of 1998, which governs these concession agreements, has not been substantively revised since the implementing regulations were first promulgated in April 2000. Prohibits an existing contract's terms from being modified or open to renegotiation because of an award of a new contract at the same location or resource. Approximately 18 months before the These policies are an indispensable tool to help NPS employees manage parks responsibly and make rational, well-informed decisions. 207) Provides for the confidentiality of information concerning the nature and location of NPS resource which is endangered, threatened, rare, or commercially valuable, or of mineral or paleontological objects or objects of cultural patrimony within NPS units. (Sec. (Sec. Prohibits the Secretary from granting a preferential right of renewal for such authorization or similar provisions for such renewal. 60 through 61) Requires the trend in the condition of NPS resources to be a significant factor in the annual performance evaluation of each NPS unit superintendent. Directs the Secretary to: (1) report to specified congressional committees 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 NPS units and their larger regions; and (2) undertake a program of inventory and monitoring of NPS resources to establish baseline information and to provide information on the long-term trends in their condition. [externalActionCode] => 8000 412) Limits contracts for the provision of transportation services in an NPS unit to a maximum of ten years. ), Array 16 USC 5901 note. 604) Directs the Secretary to make Golden Eagle Passports available to foreign visitors to the United States and available for purchase outside the United States. [displayText] => Became Public Law No: 105-391. Specifies criteria for approval of requests for such use and waiver of park admission or recreational use fees in order to conduct such studies. Permits entities seeking or obtaining an authorization to submit proposals for concessions contracts also. Apportions such proceeds 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. (Sec. 3503, provided that: "This title [see Tables for classification] may be cited as the 'National Park Service Concessions Management Improvement Act of 1998'." view all records. 105-391, Title IV, 112 Stat. Protection, interpretation, and research in National Park System Recognizing the ever increasing societal pressures being placed upon America's unique natural and cultural resources contained in the National Park System, the Secretary shall continually improve the Chapter 10 of NPS Management Policies provides management guidance specific to commercial visitor services. Congress enacted the 1998 Concessions Management Improvement Act (Public Law 105-391) with the objective of improving concessions and increasing competition of contracts. [displayText] => Reported (Amended) by the Committee on Resources. Specifies criteria for issuance of such authorizations such as a reasonable fee to recover associated management and administrative costs. Outlines factors to be included in such studies, including whether the area possesses nationally significant natural or cultural resources. Requires each such study to be completed within three years after funds are made available for it. [description] => Became Law It is from this original law that the NPS Commercial Services Program evolved. Prohibits the authorization from being considered a concessions contract and exempts such authorization from provisions of this Act, except where expressly so stated. National Park Service: Concessions Program Has Made Changes in Several Areas, but Challenges Remain. Pub. [displayText] => Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. Contracting for services. [externalActionCode] => 28000 But the National Park Service Concessions Management Improvement Act of 1998 was designed specifically to discourage companies from … (Sec. L. 105–391, title IV, §401, Nov. 13, 1998, 112 Stat. [actionDate] => 1998-10-02 416) Encourages the Secretary to promote the sale of authentic Indian, Alaska Native, and Native Hawaiian and Samoan handicrafts relating to the cultural, historical, and geographic characteristics of NPS units. Because of this potential problem, the specific relationship between the draft legislation and the NPS Concessions Management Improvement Act of 1998 needs to be clarified. Makes such passports nontransferable. Sec. In 2016, the Park Service managed 488 concessions contracts, and such contracts generated about $1.4 billion in gross revenues in the prior year. 802) Amends the National Park System General Authorities Act to authorize the Secretary to enter into: (1) a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the NPS (other than for activities related to concessions contracts or commercial use authorizations); and (2) an agreement, under specified conditions and where an NPS unit is located near a State or local park area, with a State or local government agency for the cooperative management of the Federal and State or local park areas. For complete classification of this Act to the Code, see Short Title of 1998 Act note set … National Park Service Concessions Management Advisory Board. Title VI: National Park Passport Program - Directs the Secretary to establish a national park passport program. Multiple contracts within a park. 408) Prohibits concessions contracts or leasehold surrender interests from being transferred, assigned, sold, or otherwise conveyed or pledged by a concessioner without prior written notification to, and approval by, the Secretary under specified conditions. The Contract Disputes Act of 1978 (CDA) established rules governing disputes arising out of certain federal government contracts. Directs the Secretary to submit to specified congressional committees lists of areas previously studied that contain primarily historical or natural resources, in numerical order of priority for addition to the NPS. 104) Requires: (1) each NPS unit to prepare and make public a five-year strategic plan and an annual performance plan to reflect the Service's 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; and (2) each NPS unit superintendent, as part of each unit's annual performance plan, to develop and make public the budget for the current fiscal year for that unit. Click above to access the latest public health information related to concession management during the COVID-19 pandemic. `National Park Service Concessions Management Improvement Act of 1998'.'' Sec. (Sec. 3503, provided that: "This title [see Tables for classification] may be cited as the 'National Park Service Concessions Management Improvement Act of 1998'." ( In 1916, the passage of the National Park Service Organic Act established the National Park Service (NPS). Concurrently, the NPS has prepared an Environmental Assessment (EA) and subsequent Finding of No Significant Impact (FONSI) analyzing potential new construction and facility improvements that may be included in the prospectus. Title VIII: Miscellaneous Provisions - Directs the Secretary to appoint a multidisciplinary task force to fully evaluate the shortfalls, needs, and requirements of law enforcement programs in the Service and a separate analysis for the U.S. Park Police, including a review of facility repair, rehabilitation, equipment, and communication needs.
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