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essary are directed to assist the Secretary in the formulation and implementation of transportation projects.
(b) Within one hundred and eighty days from the enactment of this Act, the Secretary shall prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, a compilation of Federal statutes and programs providing authority for the planning, funding, or operation of transportation projects which might be utilized by the Secretary to carry out the purpose of this title. The Secretary shall revise the compilation thereafter as he deems necessary.
SEC. 304. (16 U.S.C. 2304] (a) The Secretary shall, during the formulation of any transportation plan authorized pursuant to section 302 of this title
(1) give public notice of intention to formulate such a plan by publication in the Federal Register and in a newspaper or periodical having general circulation in the vicinity of the affected unit of the national park system; 1
(2) following such notice hold a public meeting at a location or locations convenient to the affected unit of the National Park System.
(b) Prior to the implementation of any project developed pursuant to the transportation plan formulated pursuant to subsection (a) of this section, the Secretary shall
(1) establish procedures, including but not limited to public meetings, to give State and local governments and the public adequate notice and an opportunity to comment on the proposed transportation project; and
(2) submit, when the proposed project would involve an expenditure in excess of $100,000 in any fiscal year, a detailed report to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives. The Secretary may proceed with the implementation of such plan only after sixty days (not counting days on which the Senate or House of Representatives has adjourned for more than three consecutive days) have elapsed following submission of the plan.
SEC. 305. (16 U.S.C. 2305) The Secretary shall submit a report to the Congress within three years of the effective date of this Act. Tlie report shall include, but not be limited to, his findings and recommendations regarding
(a) preservation of natural resource values within units of the National Park System through access alternatives;
(b) effects of transportation projects on communities in close proximity to the units of the National Park System; and
(c) future transportation projects formulated pursuant to this title.
1 In section 304(a), paragraph (1) should end with “; and”.
SEC. 306. (16 U.S.C. 2306) In carrying out the purposes of this title, there is hereby authorized to be appropriated $1,000,000 for fiscal year 1979; $2,000,000 for fiscal year 1980; and $3,000,000 for fiscal year 1981, which shall remain available until expended. In a fiscal year when the amounts actually appropriated are less than the amounts listed above, the authorized but unappropriated amount shall continue to be available for appropriation in succeeding fiscal years.
P. NATIONAL PARK SERVICE CONCESSIONS
(Title IV of the National Parks Omnibus Management Act of 1998 (Public Law 105–
391; 112 Stat. 3503; 16 U.S.C. 5951 et seq.)
TITLE IV-NATIONAL PARK SERVICE
SEC. 401. (16 U.S.C. 5901 note) SHORT TITLE.
This title may be cited as the "National Park Service Concessions Management Improvement Act of 1998”. SEC. 402. (16 U.S.C. 5951) CONGRESSIONAL FINDINGS AND STATEMENT
OF POLICY. (a) FINDINGS.-In furtherance of the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), which directs the Secretary to administer units of the National Park System in accordance with the fundamental purpose of conserving their scenery, wildlife, and natural and historic objects, and providing for their enjoyment in a manner that will leave them unimpaired for the enjoyment of future generations, the Congress hereby finds that the preservation and conservation of park resources and values requires that such public accommodations, facilities, and services as have to be provided within such units should be provided only under carefully controlled safeguards against unregulated and indiscriminate use, so that
(1) visitation will not unduly impair these resources and values; and
(2) development of public accommodations, facilities, and services within such units can best be limited to locations that are consistent to the highest practicable degree with the preservation and conservation of the resources and values of such units.
(b) POLICY.--It is the policy of the Congress that the development of public accommodations, facilities, and services in units of the National Park System shall be limited to those accommodations, facilities, and services that,
(1) are necessary and appropriate for public use and enjoyment of the unit of the National Park System in which they are located; and
(2) are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the unit.
SEC. 403. (16 U.S.C. 5952) AWARD OF CONCESSIONS CONTRACTS.
In furtherance of the findings and policy stated in section 402, and except as provided by this title or otherwise authorized by law, the Secretary shall utilize concessions contracts to authorize a person, corporation, or other entity to provide accommodations, facilities, and services to visitors to units of the National Park System. Such concessions contracts shall be awarded as follows:
(1) COMPETITIVE SELECTION PROCESS.--Except as otherwise provided in this section, all proposed concessions contracts shall be awarded by the Secretary to the person, corporation, or other entity submitting the best proposal, as determined by the Secretary through a competitive selection process. Such competitive process shall include simplified procedures for small, individually-owned, concessions contracts.
(2) SOLICITATION OF PROPOSALS.-Except as otherwise provided in this section, prior to awarding a new concessions contract (including renewals or extensions of existing concessions contracts) the Secretary shall publicly solicit proposals for the concessions contract and, in connection with such solicitation, the Secretary shall prepare a prospectus and shall publish notice of its availability at least once in local or national newspapers or trade publications, and/or the Commerce Business Daily, as appropriate, and shall make the prospectus available upon request to all interested parties.
(3) PROSPECTUS.- The prospectus shall include the following information:
(A) The minimum requirements for such contract as set forth in paragraph (4).
(B) The terms and conditions of any existing concessions contract relating to the services and facilities to be provided, including all fees and other forms of compensation provided to the United States by the concessioner.
(C) Other authorized facilities or services which may be provided in a proposal.
(D) Facilities and services to be provided by the Secretary to the concessioner, if any, including public access, utilities, and buildings.
(E) An estimate of the amount of compensation, if any, due an existing concessioner from a new concessioner under the terms of a prior concessions contract.
(F) A statement as to the weight to be given to each selection factor identified in the prospectus and the relative importance of such factors in the selection process.
(G) Such other information related to the proposed concessions operation as is provided to the Secretary pursuant to a concessions contract or is otherwise available tə the Secretary, as the Secretary determines is necessary to allow for the submission of competitive proposals.
(H) Where applicable, a description of a preferential right to the renewal of the proposed concessions contract held by an existing concessioner as set forth in paragraph (7).
(4) MINIMUM REQUIREMENTS.(A) No proposal shall be considered which fails to meet the minimum requirements as determined by the Secretary. Such minimum requirements shall include the following:
(i) The minimum acceptable franchise fee or other forms of consideration to the Government.
(ii) Any facilities, services, or capital investment required to be provided by the concessioner.
(iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the unit of the National Park System.
(B) The Secretary shall reject any proposal, regardless of the franchise fee offered, if the Secretary determines that the person, corporation, or entity is not qualified, is not likely to provide satisfactory service, or that the proposal is not responsive to the objectives of protecting and preserving resources of the unit of the National Park System and of providing necessary and appropriate facilities and services to the public at reasonable rates.
(C) If all proposals submitted to the Secretary either fail to meet the minimum requirements or are rejected by the Secretary, the Secretary shall establish new minimum contract requirements and re-initiate the competitive selection process pursuant to this section.
(D) The Secretary may not execute a concessions contract which materially amends or does not incorporate the proposed terms and conditions of the concessions contract as set forth in the applicable prospectus. If proposed material amendments or changes are considered appropriate by the Secretary, the Secretary shall resolicit offers for the concessions contract incorporating such material amendments or changes.
(5) SELECTION OF THE BEST PROPOSAL. (A) In selecting the best proposal, the Secretary shall consider the following principal factors:
(i) The responsiveness of the proposal to the objectives of protecting, conserving, and preserving resources of the unit of the National Park System and of providing necessary and appropriate facilities and services to the public at reasonable rates.
(ii) The experience and related background of the person, corporation, or entity submitting the proposal, including the past performance and expertise of such person, corpcration or entity in providing the same or similar facilities or services.
(iii) The financial capability of the person, corporation, or entity submitting the proposal.
(iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate to the objectives of protecting, conserving, and preserving resources of the unit of the National Park System and of providing necessary and appropriate facilities to the public at reasonable rates.
(B) The Secretary may also consider such secondary factors as the Secretary deems appropriate.
(C) In developing regulations to implement this title, the Secretary shall consider the extent to which plans for employ