national park service concessions management improvement act of 1998
[description] => Passed House Sec. This law authorized numerous policies and procedures regarding concessions operations. by Topic...Administrative Records and FOIAAsset ManagementAuthorities and DelegationsCommercial Use AuthorizationsConcessions ContractingEnvironmental ManagementFinancial ManagementFranchise FeesLeasingOperationsPublic HealthRate AdministrationRisk Management and InsuranceStandards and Evaluations 410. [displayText] => Reported (Amended) by the Committee on Resources. 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. (begins on p. 12) Volunteers in the Parks Act of 1969 – 54 USC 102301 (pp. [chamberOfAction] => House These policies are an indispensable tool to help NPS employees manage parks responsibly and make rational, well-informed decisions. Other News Concessioners fill a vital role with helping the National Park Service (NPS) carry out its mission. (Sec. The Contract Disputes Act of 1978 (CDA) established rules governing disputes arising out of certain federal government contracts. Allows such preferential rights to be granted for certain outfitter and guide contracts and certain contracts with annual gross receipts of under $500,000. 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 (Sec. 45 through 59) System Unit Resource Protection Act (SURPA) National Parks Omnibus Management Act of 1998 – 54 USC 100701 et seq. 100101note [actionDate] => 1998-10-02 413) 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. 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the President signed the National Park Service Concessions Management Improvement Act of 1998, Public Law 105-91, which repealed the 1965 Concessions Policy Act but did not affect the validity of any concession contract or permit entered into under the 1965 Act. [actionDate] => 1998-06-11 National Parks Omnibus Management Act of 1998. 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. Specifies criteria for issuance of such authorizations such as a reasonable fee to recover associated management and administrative costs. Makes 20 percent of account funds available to support activities throughout the NPS regardless of the unit in which the funds were collected. (Sec. 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. [displayText] => Became Public Law No: 105-391. Some of the major changes in the 1998 Act include: In order to implement the requirements of law and regulation, the NPS has a specific set of Management Policies that guide agency operations. (Sec. 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. ( ), Array [chamberOfAction] => Senate Sec. Prohibits the authorization from being considered a concessions contract and exempts such authorization from provisions of this Act, except where expressly so stated. [description] => Resolving Differences 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. concessions contract or the National Park Service Concessions Management Improvement Act of 1998 (the 1998 Concessions Act), Pub. ( 418) Allows the Secretary, upon request, to authorize a private entity to provide services to visitors to NPS units through a commercial use authorization. [description] => Introduced Your browser is not supported by Congress.gov. The 1965 Concession Policy Act (Public Law 89-249) historically governed concession contracts and operations. 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. (Sec. [chamberOfAction] => The 1998 Concessions Management Improvement Act governs concessions services at national parks. Requires concessions contracts to be awarded to the entity submitting the best proposal as determined by the Secretary through a competitive selection process. Title VI: National Park Passport Program - Directs the Secretary to establish a national park passport program. 3503 (1998) (codified as amended at 16 U.S.C. But the National Park Service Concessions Management Improvement Act of 1998 was designed specifically to discourage companies from … [externalActionCode] => 5000 (Sec. L. No. 5951 et seq., and a brief filed by the Solicitor General in the case of National Park Hospitality Ass’n v. Dept. Sec. (Sec. Outlines factors to be included in such studies, including whether the area possesses nationally significant natural or cultural resources. Permits entities seeking or obtaining an authorization to submit proposals for concessions contracts also. Outlines lease requirements. 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). 411. 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. L. 105–391, title IV, §401, Nov. 13, 1998, 112 Stat. Chapter 10 of NPS Management Policies provides management guidance specific to commercial visitor services. (the 1998 Act). Since 1998, with the passage of an act reforming concessions management, issuance of most concession contracts generally became subject to … view all records. [description] => To President In 2016, the Park Service managed 488 concessions contracts, and such contracts generated about $1.4 billion in gross revenues in the prior year. Includes under the program a collectible stamp providing the holder admission to all NPS units. L. 105-391, title IV, Nov. 13, 1998, 112 Stat. (Sec. H. Rept. 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. - The Office of Inspector General report “Concessions Management, National Park Service” (No. [displayText] => Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent. 3503. Requires each such study to be completed within three years after funds are made available for it. 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. (consideration: CR S12494-12502) (. 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). National Park Service Concessions Management Advisory Board. [chamberOfAction] => Sec. [actionDate] => 1998-11-13 105-391, Title IV, 112 Stat. In 2016, the Park Service managed 488 concessions contracts, and such contracts generated about $1.4 billion in gross revenues in the prior year. 415) Repeals the National Park Service Concessions Policy Act. [actionDate] => 1998-10-13 ( ), Array 3503 Short title, see 54 U.S.C. 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 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. After Congress enacted the National Parks Omnibus Management Act of 1998, which established a comprehensive concession management program for national parks, the National Park Service (NPS) issued 36 CFR section 51.3, which purported to … 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. L. 105–391, Nov. 13, 1998, 112 Stat. 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. The National Park Service has proposed to revise its regulations that govern the solicitation, award, and administration of concession contracts to provide commercial visitor services in national parks under the Concessions Management Improvement Act of 1998 and the National Park Service Centennial Act. Requires the trend in the condition of NPS resources to be a significant factor in the annual performance evaluation of each NPS unit superintendent. 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. 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. (Sec. [externalActionCode] => 36000 [actionDate] => 1998-10-14 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. ), Array [externalActionCode] => 17000 National Park Service Concessions Management Improvement Act of 1998 National Park Service Concessions Management Improvement Act of 1998 Pub. Pub. Sets forth congressional reporting requirements for the Board. (Sec. Requires the Secretary to also consider contracting out other elements of the concessions management program as appropriate. Prohibits the Secretary from granting a preferential right of renewal for such authorization or similar provisions for such renewal. by Format...Law or RegulationMemorandumOtherReference Manual Makes subaccount funds available for visitor services and for funding high priority resource management programs. The Interior Department is advocating the change saying that the Concessions Management Improvement Act of 1998, which governs concession agreements, … 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. 60 through 61) 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. (Sec. ( Contracting for services. The 1965 Concessions Act and the 1998 Concessions Act are described more fully below. National Park Service: Concessions Program Has Made Changes in Several Areas, but Challenges Remain. Click above to access the latest public health information related to concession management during the COVID-19 pandemic. 412) Limits contracts for the provision of transportation services in an NPS unit to a maximum of ten years. (Sec. Pub. 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. 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. 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. 5911. 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. 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. 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. It is from this original law that the NPS Commercial Services Program evolved. Congress enacted the 1998 Concessions Management Improvement Act (Public Law 105-391) with the objective of improving concessions and increasing competition of contracts. The Concessions Management Improvement Act of 1998 defines the asset management responsibilities for concession facilities. 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. DOI IG audits on concessions management (2005), franchise fees (2003), concessioner special accounts (2002), concession contracting (1999), and concessioner improvement accounts (1998). National Park Service Concessions Management Improvement Act of 1998 – 54 USC 101911 through 101926 (pp. 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. The National Park Service Concessions Management Improvement Act of 1998, referred to in text, is title IV of Pub. Exempts revenue derived from such sales from any franchise fee payment. Specifies criteria for approval of requests for such use and waiver of park admission or recreational use fees in order to conduct such studies. ), Array [displayText] => Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. The prospectus will be prepared by the NPS in compliance with the Concessions Management Improvement Act of 1998. 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.