PlainBillCongress, translated.Legislation. Context. Public interest.Message on House action received in Senate and at the desk: House amendment to Senate bill.
Congressional Research Service
Version 17 · Reported to House with amendment(s) · Jun 30, 1994
National Park Service Concessions Policy Reform Act of 1994 - Repeals the Concessions Policy Act of 1965 and establishes new provisions governing concessions policies of the National Park Service (NPS). (Sec. 5) Authorizes the Secretary of the Interior to: (1) award concessions contracts that authorize private persons, corporations, or other entities to provide necessary and appropriate services to national park visitors and utilize park facilities consistent with applicable law and the management and concessions plans for the relevant park; and (2) upon request, to authorize by other means the provision of services, provided such authorization will have minimal impact on park resources and values and will be consistent with the purposes of, and management plans for, the park. (Sec. 6) Requires concessions contract to be awarded through a competitive selection process to the person submitting the best proposal, except that the Secretary may award a temporary contract on a noncompetitive basis in order to avoid an interruption of services. Directs the Secretary, before soliciting contract proposals, to prepare, and publish notice of availability of, a prospectus that shall include minimum contract requirements, contract terms services to be provided by the Secretary to the concessioner. Sets forth criteria for rejecting proposals and for selecting the best proposal. Specifies that the proposed franchise fee shall be subordinate to protecting and preserving park resources and providing appropriate facilities or services to the public at reasonable rates. Requires the Secretary to notify specified congressional committees regarding any proposed contract with anticipated annual gross receipts exceeding $1 million or with a duration exceeding ten years. Permits the Secretary to grant a preferential right to a concessioner to renew a contract only where: (1) estimated annual gross receipts are less than $500,000; (2) the concessioner has operated satisfactorily; and (3) the concessioner has submitted a responsive proposal for a new contract satisfying minimum requirements. Prohibits the Secretary from granting a preferential right to a concessioner to provide new or additional services at a park, except for incidental or closely related services that would enhance park safety or enjoyment or the protection of resources. (Sec. 7) Requires each minimum franchise fee to be determined in a manner that will provide the concessioner with a reasonable opportunity to realize a profit. (Sec. 8) Requires receipts under this Act to be: (1) covered into a special account in the Treasury and to be allocated among NPS units for resource management and protection, maintenance, interpretation; or (2) deposited into a Park Improvement Fund, to be established at the Secretary's discretion, from which expenditures shall be made for park activities and projects. (Sec. 9) Establishes a maximum: (1) ten-year duration for a concessions contract, provided that the Secretary may award a contract for up to 20 years; and (2) two-year duration for a temporary contract. (Sec. 10) Requires the approval of the Secretary and congressional notification before a concessions contract can be transferred, assigned, sold, or conveyed and sets forth conditions that preclude such conveyance. (Sec. 11) Grants possessory interest to: (1) concessioners who have commenced acquisition or construction of any structure on Federal land within a park before the enactment of this Act; and (2) concessioners who construct or acquire an improvement on U.S. land within a Park pursuant to a concessions contract, after enactment of this Act, less depreciation. (Sec. 12) Specifies criteria for judging the reasonableness of a concessioner's rates and charges to the public. (Sec. 13) Directs the Secretary to: (1) periodically evaluate the performance of each concessioner under contract; (2) terminate a contract if a concessioner fails, within the prescribed time, to meet minimum requirements identified in a notice of unsatisfactory performance; and (3) notify specified congressional committees of each unsatisfactory rating and each contract terminated. (Sec. 14) Provides that the Comptroller General of the United States 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 (including those related to any Park Improvement Fund). (Sec. 15) Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to leasing of U.S. buildings and properties. (Sec. 17) Requires the Inspector General of the Department of the Interior to biennially audit the Secretary's implementation of this Act and the award and management of such concession contracts and authorizations; and (2) the Secretary and the Inspector to submit biannual reports to specified congressional committees on the implementation of this Act and its effect on facilities operated and services provided pursuant to concession contracts.
People & committees
Sen. Bumpers, Dale [D-AR] · D–AR
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Message on House action received in Senate and at the desk: House amendment to Senate bill.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by the Yeas and Nays: 386 - 30, 1 Present (Roll no. 363).
House roll call 363 · Individual votesPassed/agreed to in House: On passage Passed by the Yeas and Nays: 386 - 30, 1 Present (Roll no. 363).
House roll call 363 · Individual votesThe House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report S. 208.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The Speaker designated the Honorable Michael R. McNulty to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 492 and Rule XXIII.
Rule provides for consideration of S. 208 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit. Providing for the consideration of the bill in the Committee of the Whole. Points of order against consideration of the bill for failure to comply with provisions of the Budget Act shall be waived. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment under the five minute rule the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, as modified by the amendment printed in the report accompanying this resolution. Each section of the committee amendment in the nature of a substitute, as modified, shall be considered as read. Points of order against the committee amendment, as modified, for failure to comply with clause 5(a) of rule XXI shall ...
Considered under the provisions of rule H. Res. 492. (consideration: CR H6413-6430)
Rule H. Res. 492 passed House.
Rules Committee Resolution H. Res. 492 Reported to House. Rule provides for consideration of S. 208 with 1 hour of general debate. Previous question shall be considered as ordered except motion to recommit. Providing for the consideration of the bill in the Committee of the Whole. Points of order against consideration of the bill for failure to comply with provisions of the Budget Act shall be waived. Bill is open to amendments. It shall be in order to consider as an original bill for the purpose of amendment under the five minute rule the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, as modified by the amendment printed in the report accompanying this resolution. Each section of the committee amendment in the nature of a substitute, as modified, shall be considered as read. Points of order against the committee amendment, as modified, for failure to comply with clause 5(a) of rule XXI shall ...
Placed on the Union Calendar, Calendar No. 317.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 103-571.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 103-571.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
See Subcommittee Action Prior to Referral.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Subcommittee Consideration and Mark-up Session Held and Forwarded to Full Committee Amended by Voice Vote Prior to Referral by the Subcommittee on National Parks and Public Lands.
Message on Senate action sent to the House.
Referred to the House Committee on Natural Resources.
Received in the House.
Passed Senate with an amendment by Yea-Nay Vote. 90-9. Record Vote No: 63. (consideration: CR S3416-3418)
Senate roll call 63 · Individual votesPassed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 90-9. Record Vote No: 63.(consideration: CR S3416-3418)
Senate roll call 63 · Individual votesThe committee substitute as amended agreed to by Voice Vote.
Measure laid before Senate by unanimous consent. (consideration: CR S3285-3288, S3311-3327)
Placed on Senate Legislative Calendar under General Orders. Calendar No. 369.
Committee on Energy and Natural Resources. Reported to Senate by Senator Johnston with an amendment in the nature of a substitute. With written report No. 103-226. Minority views filed.
Committee on Energy and Natural Resources. Reported to Senate by Senator Johnston with an amendment in the nature of a substitute. With written report No. 103-226. Minority views filed.
Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Energy and Natural Resources. Committee consideration and Mark Up Session held.
Subcommittee on Public Lands, National Parks. Hearings held.
Committee on Energy and Natural Resources requested executive comment from Department of the Interior, OMB.
Referred to Subcommittee on Public Lands, National Parks.
Read twice and referred to the Committee on Energy and Natural Resources.
Sponsor introductory remarks on measure. (CR S718-719)
Introduced in Senate
Primary sources
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