NATIONAL PARKS OMNIBUS MANAGEMENT ACT OF 1998Section 1. Short Title; Table of Contents. (a) SHORT TITLE.--This Act may be cited as the National Parks Omnibus Management Act of 1998. (b) TABLE OF CONTENTS.--The table of contents of this Act is as follows: TITLE I--NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING, AND MANAGEMENT Sec. 101. Protection, interpretation, and research in the National Park System. Sec. 102. National Park Service employee training. Sec. 103. Management development and training. Sec. 104. Park budgets and accountability. TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT Sec. 201. Purposes. Sec. 202. Research mandate. Sec. 203. Cooperative agreements. Sec. 204. Inventory and monitoring program. Sec. 205. Availability for scientific study. Sec. 206. Integration of study results into management decisions. Sec. 207. Confidentiality of information. TITLE III--STUDY REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS Sec. 301. Short title. Sec. 302. Purpose. Sec. 303. Study of addition of new National Park System areas. TITLE IV--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT Sec. 401. Short title. Sec. 402. Congressional findings and statement of policy. Sec. 403. Award of concessions contracts. Sec. 404. Term of concessions contracts. Sec. 405. Protection of concessioner investment. Sec. 406. Reasonableness of rates. Sec. 407. Franchise fees. Sec. 408. Transfer of concessions contacts. Sec. 409. National Park Service Concessions Management Advisory Board. Sec. 410. Contracting for services. Sec. 411. Multiple contracts within a park. Sec. 412. Special rule for transportation contracting services. Sec. 413. Use of nonmonetary consideration in concessions contracts. Sec. 414. Recordkeeping requirements. Sec. 415. Repeal of National Park Service Concessions Policy Act. Sec. 416. Promotion of the sale of Indian, Alaska Native, Native Samoan, and native Hawaiian handicrafts. Sec. 417. Regulations. Sec. 418. Commercial use authorizations. Sec. 419. Savings provision. TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM Sec. 501. Fees. Sec. 502. Distribution of golden eagle passport sales. TITLE VI--NATIONAL PARK PASSPORT PROGRAM Sec. 601. Purposes. Sec. 602. National Park passport program. Sec. 603. Administration. Sec. 604. Foreign sales of Golden Eagle Passports. Sec. 605. Effect on other laws and programs. TITLE VII--NATIONAL PARK FOUNDATION SUPPORT Sec. 701. Promotion of local fundraising support. TITLE VIII--MISCELLANEOUS PROVISIONS Sec. 801. United States Park Police. Sec. 802. Leases and cooperative management agreements. Section 2. Definition. As used in this Act, the term “Secretary" means the Secretary of the Interior, except as otherwise specifically provided. TITLE I--NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING, AND MANAGEMENT Sec. 101. Protection, interpretation, and research in the 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 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. Sec. 102. National Park Service Employee Training. 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. Sec. 103. Management Development and Training. Within 2 years after the enactment of this Act, 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. Sec. 104. Park Budgets and Accountability. (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), 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. TITLE II--NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT Sec. 201. Purposes. The purposes of this title 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 the act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 USC 1 et seq.); and (5) to encourage the publication and dissemination of information derived from studies in the National Park System. Sec. 202. Research Mandate. 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. Sec. 203. Cooperative Agreements. (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 the date of enactment of this title, 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. Sec. 204. Inventory and Monitoring Program. 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. Sec. 205. Availability for Scientific Study. (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) 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. Sec. 206. Integration of Study Results into Management Decisions. - 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 resouces 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. Sec. 207. Confidentiality of Information 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 USC, 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. TITLE III--STUDY REGARDING ADDITION OF NEW NATIONAL PARK SYSTEM AREAS . . . TITLE IV--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT . . . TITLE V--FEES FOR USE OF NATIONAL PARK SYSTEM Sec. 501. 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. Sec. 502. Distribution of Golden Eagle Passport Sales. Not later than 6 months after the date of enactment of this title, 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. TITLE VI--NATIONAL PARK PASSPORT PROGRAM Sec. 601. Purposes. The purposes of this title 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. Sec. 602. 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. Sec. 603. 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 aprk passports (including stamps). (c) USE OF PROCEEDS. (1) The Secretary may use not more than 10 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. Sec. 604. Foreign Sales of Golden Eagle Passports. . . . Sec. 605. Effect on Other Laws and Programs. . . . TITLE VII--NATIONAL PARK FOUNDATION SUPPORT Sec. 701. Promotion of Local Fundraising Support. (a) ESTABLISHMENT.--The Foundation shall design and implement a comprehensive program to assist and promote philanthropic programs of support at the individual national park unit level. (b) IMPLEMENTATION.--The program under subsection (a) shall be implemented to___ (1) Assist int he creation of local nonprofit support organizations; and (2) Provide support, national consistency, and management-improving suggestions for local nonprofit support organizations. (c) PROGRAM.--The program under subsection (a) shall include the greatest number of national park units as is practicable. (d) REQUIREMENTS.--The program under subsection (a) shall include, at a minimum___ (1) A standard adaptable organizational design format to establish and sustain responsible management of a local nonprofit support organization for support of a national park unit. (2) Standard and legally tenable bylaws and recommended money-handling procedures that can easily be adapted as applied to individual national park units; and (3) A standard training curriculum to orient and expand the operating expertise of personnel employed by local nonprofit support organizations. (e) ANNUAL REPORT.--The Foundation shall report the progress of the program under subsection (a) in the annual report of the Foundation. (f) AFFILIATIONS.-- (1) CHARTER OR CORPORATE BYLAWS.--Nothing in this section requires-- (A) A nonprofit support organization of friends group to modify current practices or to affiliate with the Foundation; pr (B) A local nonprofit support organization, established as a result of this section, to be bound through its charter or corporate bylaws to be permanently affiliated with the Foundation. (2) ESTABLISHMENT.--An affiliation with the Foundation shall be established only at the discretion of the governing board of a nonprofit organization. TITLE VIII--MISCELLANEOUS PROVISIONS Sec. 801. United States Park Police (a) APPOINTMENT OF TASK FORCE.--Not later than 60 days after the date of enactment of this title, 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.... (b) SUBMISSION OF REPORT.--Not later than one year after the date of enactment of this title, the Secretary shall submit tot he 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.... Sec. 802. Leases and Cooperative Management Agreements (a) IN GENERAL.--Section 3 of Public Law 91-383 (commonly known as the National Park System General Authorities Act; 16 USC 1a-2) is amended by adding at the end the following: “(k) LEASES.-- (1) IN GENERAL.--Except as provided in paragraph (2) and subject to paragraph (3), the Secretary may enter into a lease with any person or governmental entity for the use of buildings and associated property administered byt he Secretary as part of the National Park System. . . . “(l) COOPERATIVE MANAGEMENT AGREEMENTS.-- (1) IN GENERAL.--Where a unit of the National Park System is located adjacent to or near a State or local park area, and cooperative management between the National Park Service and a State or local government agency of a portion of either park will allow for more effective and efficient management of the parks, the Secretary may enter into an agreement with a State or local government agency to provide for the cooperative management of the Federal and State or local park areas. The Secretary may not transfer administration responsibilities for any unit of the National Park System under this paragraph. (2) PROVISION OF GOODS AND SERVICES.--Under a cooperative management agreement, the Secretary may acquire from and provide to a State or local government agency goods and services to be used by the Secretary and the State or local governmental agency in the cooperative management of land. (3) ASSIGNMENT.--An assignment, arranged by the Secretary under Section 3372 of Title 5 USC, of a Federal, State, or local employee for work in any Federal, State, or local land ... may be for any period of time determined by the Secretary and the State or local agency to be mutually beneficial.” (b) HISTORIC LEASE PROCESS SIMPLIFICATION.--The Secretary is directed to simplify, to the maximum extent possible, the leasing process for historic properties with the goal of leasing available structures in a timely manner.