H.R. 4680 — what changed
National Park Service Centennial Act
From Reported in House to Engrossed in House. 10 sections amended, 5 added, and 4 removed between Reported in House and Engrossed in House.
Sec. 2 Definitions
changed
It is the purpose of In this Act to establish a fund in the Treasury to finance signature projects and programs to enhance the National Park System as it approaches its centennial in 2016 and to prepare the parks for another century of conservation, preservation, and enjoyment.Act:
added
Challenge fund— The term Challenge Fund means the National Park Centennial Challenge Fund established in title I.
added
Director— The term Director means the Director of the National Park Service.
added
Endowment— The term Endowment means the Second Century Endowment for the National Park Service established by title II.
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Signature project or program— The term signature project or program means any project or program identified by the Secretary as one that will help prepare the national parks for another century of conservation, preservation, and visitor enjoyment.
Sec. 3 Definitions
removed
removed
In this Act:
removed
Challenge fund— The term Challenge Fund means the National Park Centennial Challenge Fund established in title I.
removed
Director— The term Director means the Director of the National Park Service.
removed
Endowment— The term Endowment means the Second Century Endowment for the National Park Service established by title II.
removed
Secretary— The term Secretary means the Secretary of the Interior.
removed
Signature project or program— The term signature project or program means any project or program identified by the Secretary as one that will help prepare the national parks for another century of conservation, preservation, and enjoyment.
removed
Qualified donation— The term qualified donation means a cash donation, or the binding pledge of a cash donation that is guaranteed by an irrevocable letter of credit, to the National Park Service that the Director certifies shall be used for a signature project or program.
Sec. 101 National Park Centennial Challenge Fund
changed
Establishment—In general— There Title 54, United States Code, is hereby established in the Treasury a fund to be known as amended by inserting after chapter 1033 the “National Park Centennial Challenge Fund”. The Challenge Fund shall consist of—following:
added “1035 National Park Centennial Challenge Fund
added “103501. Establishment
added “(a) In general—There is established in the Treasury an account to be known as the National Park Centennial Challenge Fund.
added “(b) Deposits—All amounts received by the United States each fiscal year from sales by the National Park Service of National Parks and Federal Recreational Lands Passes under section 805(b)(1) of the Federal Lands Recreation Enhancement Act that are in excess of $10,000,000 shall be deposited into the National Park Centennial Challenge Fund as offsetting collections and shall remain available to the Secretary until expended.
added “(c) Use of funds—Funds collected and deposited into the National Park Centennial Challenge Fund—
added “(1) shall be used for projects or programs approved by the Secretary to further the mission of the Service and to enhance the visitor experience in System units;
added “(2) may not be used to acquire lands or interest in lands; and
added “(3) may only be used if matched, on at least a 1-to-1 basis, by non-Federal donations (including funds and fairly valued durable goods and materials) to the Service for signature projects or programs.
added “(d) Limitation on source of funds for matching—Amounts derived from the Second Century Endowment for the National Park Service shall not be treated as non-Federal donations for purposes of subsection (c)(3).
added “103502. Signature projects and programs
added “(a) List—The Secretary shall—
added “(1) develop a list of signature projects and programs eligible for funding from the National Park Centennial Challenge Fund;
added “(2) submit the list developed pursuant to paragraph (1) to the Committees on Appropriations and Energy and Natural Resources in the United States Senate, and to the Committees on Appropriations and Natural Resources in the House of Representatives; and
added “(3) prioritize deferred maintenance projects, physical improvements to visitor services facilities and trail maintenance.
added “(b) Updates—The Secretary may, from time to time, as the Secretary finds appropriate, add any signature project or program to the list and provide notice of such addition as required by subsection (a).
added “103503. Summary to Congress
added “The Secretary shall provide with the submission of the President’s annual budget a summary of the status and funding of signature projects and programs.”
removed
qualified donations that are transferred from the National Park Service donation account in accordance with section 104(a); and
removed
hereafter, an amount equal to the qualified donations received under section 104(a), not to exceed amounts accumulated under section 102, including any carryover from previous fiscal years.
changed
Availability—Conforming amendment— All amounts transferred or appropriated to the Challenge Fund shall be available to The table of sections of title 54, United States Code, is amended by inserting after chapter 1033 the Secretary for signature projects and programs, without further appropriation, until expended.following:
Sec. 102 Comparable pass cost for seniors
The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801, Public Law 108–447, division J, title VIII) is amended in section 805(b)(1)—
changed
by striking “The Secretary” and inserting “(A) The Secretary”;inserting:
added “(A) The Secretary”
by striking “, at a cost of $10.00,”;
by striking “shall be valid for the lifetime of the pass holder.” and inserting the following:
“(i) for a period of 12 months from the date of the issuance, at a cost of $20; and
“(ii) for the lifetime of the passholder, at a cost equal to the cost of the National Parks and Federal Recreational Lands Pass purchased under subsection (a).”
by adding at the end the following:
changed
“(B) Amounts in excess of $10 that are charged The Secretary shall issue a pass under subparagraph (A)(ii), for no additional cost, to any individual who provides evidence, under policies and guidelines determined by the National Park Service for Secretary, that the individual has purchased a pass under subparagraph (A)(i) shall be deposited in the National Park Centennial Challenge Fund established under section 101(a) for each of the National Park Service Centennial Act.”4 years prior to being issued a pass under this subparagraph.”
Sec. 103 Signature projects and programs
removed
removed
List— The Secretary shall—
removed
develop a list of signature projects and programs eligible for funding from the Challenge Fund; and
removed
submit the list developed under paragraph (1) (and updated under subsection (b)) to the Committees on Appropriations and Natural Resources of the House of Representatives and the Committees on Appropriations and Energy and Natural Resources of the Senate.
removed
Updates— The Secretary may, from time to time as the Secretary finds appropriate, add any signature project or program to the list and provide notice of such addition as required by subsection (a).
Sec. 104 Donations
removed
removed
Qualified donations— The Secretary may transfer to the Challenge Fund any qualified donation received by the National Park Service.
removed
Solicitation— Nothing in this title shall be construed to expand the authority of the National Park Service and its employees to receive or solicit donations.
Sec. 105 Summary to Congress
removed
removed
The Secretary shall provide with the submission of the President’s budget a summary of the status and funding of the signature projects and programs.
Sec. 202 Second Century Endowment for the National Park Service
Second century endowment— Chapter 1011 of title 54, United States Code, is amended by inserting at the end the following:
“101121. Second Century Endowment for the National Park Service
“(a) Second century endowment—To further the mission of the Service, the National Park Foundation shall establish a special account to be known as the “Second Century Endowment for the National Park Service”.
changed
“(1) Funds for the endowmentendowment—The following shall apply to the Endowment:
changed
“(A) The Endowment shall consist of any gifts, devises, or bequests that are provided to From amounts received by the United States each fiscal year from sales by the National Park Foundation for such purpose.Service of Federal Recreational Lands Passes under section 805(b)(1) of the Federal Lands Recreational Enhancement Act, $10,000,000 shall be deposited into the Endowment.
changed
“(B) The National Park Foundation shall deposit any funds received for In addition to deposits otherwise authorized, the Endowment in a federally insured interest-bearing account shall consist of any gifts, devises, or may invest funds in appropriate security obligations, as directed by bequests that are provided to the Board of Directors.National Park Foundation for such purpose.
changed
“(C)“(C) The National Park Foundation shall deposit any funds received for the Endowment in a federally insured interest-bearing account or may invest funds in appropriate security obligations, as directed by the Board of Directors.
removed
“(i) The Secretary shall, either directly or through a concessions contract, lease, or similar instrument, impose a fee in a System unit in addition to the daily cost of lodging in facilities in that System unit. Amounts collected under this clause shall be deposited into the Endowment.
removed
“(ii) The Secretary shall ensure that a fee imposed under this subparagraph in a System unit does not raise the aggregate amount of fees imposed by local, State, and Federal governments to more than 5 percent of the base daily cost of lodging in facilities in that System unit.
removed
“(iii) No fees may be charged under this subparagraph within a unit of the National Park System for—
removed
“(I) employees of the National Park System, including seasonal employees or employees of concessioners, who live in housing provided in a national park due to their employment and house guests of such employees;
removed
“(II) persons engaged in residential educational and interpretive programs who are lodged in national park facilities while participating in these programs; and
removed
“(III) lodging on private property within a unit of the National Park System.
“(D) Any accrued interest or dividends earned on funds received for the Endowment shall be added to the principal and form a part of the Endowment.
“(2) Use of funds
added “(A) Except as provided in subparagraph (B), funds in the Endowment shall be available to the National Park Foundation as offsetting collections for projects and activities approved by the Secretary that further the mission and purposes of the Service.
added “(B) Gifts, devises, or bequests in the endowment under paragraph (1)(A), and any accrued interest or dividends earned thereon, shall be available to the National Park Foundation for projects and activities approved by the Secretary that further the mission and purposes of the Service.
added “(C) In administering the Endowment each fiscal year, the National Park Foundation shall be guided by the District of Columbia Uniform Prudent Management of Institutional Funds Act of 2007 (D.C. Code § 44–1631 et seq.), including section 44–1633 on expenditures.
added “(D) No Federal funds received for the Endowment may be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses.
removed
“(A) The National Park Foundation shall use funds deposited in the Endowment for projects and activities approved by the Secretary that further the mission and purposes of the Service.
removed
“(B) In administering the Endowment each fiscal year, the National Park Foundation shall be guided by the District of Columbia Uniform Prudent Management of Institutional Funds Act of 2007 (D.C. Code § 44–1631 et seq.), including section 44–1633 on expenditures.
removed
“(C) No funds received for the Endowment shall be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses.
“(b) Summary—Beginning 2 years after the date of the enactment of this section, the National Park Foundation shall include with its annual report a summary of the status of the Endowment. The summary shall include—
“(1) a statement of the amounts deposited in the Endowment during the fiscal year;
“(2) the amount of the balance remaining in the Endowment at the end of the fiscal year; and
“(3) a description of the sums and purposes of the expenditures made from the Endowment for the fiscal year.”
Conforming amendment— The table of sections for chapter 1011 of title 54, United States Code, is amended by inserting at the end the following:
Sec. 301 National Park Service interpretation and education
In general— Title 54, United States Code, is amended by inserting after chapter 1007 the following:
“1008 Education and Interpretation
changed
“100801. PurposesDefinitions
removed
“The purposes of this chapter are—
removed
“(1) to more effectively achieve the mission of the Service by providing clear authority and direction for interpretation and education programs that are carried out by the Service under separate authorities;
removed
“(2) to ensure that the public encounters a variety of interpretive and educational opportunities and services during their visits to our System units;
removed
“(3) to recognize that the Service provides lifelong learning opportunities and contributes to interdisciplinary learning in traditional and non-traditional educational settings; and
removed
“(4) to provide opportunities for all people to find relevance in the System and to strengthen public understanding of our natural and cultural heritage.
removed
“100802. Definitions
“As used in this chapter:
“(1) Interpretation—The term interpretation—
“(A) means providing opportunities for people to form intellectual and emotional connections to gain awareness, appreciation, and understanding of the resources of the System; and
“(B) may refer to the professional career field of Service employees, volunteers, and partners who interpret the resources of the System.
“(2) Education—The term education means enhancing public awareness, understanding, and appreciation of the resources of the System through learner-centered, place-based materials, programs, and activities that achieve specific learning objectives as identified in a curriculum.
“(3) Related areas—The term related areas means—
“(A) national wild and scenic rivers and national trails;
“(B) national heritage areas; and
“(C) affiliated areas administered in connection with the System.
added “100802. Interpretation and education authority
removed
“100803. Interpretation and education authority
“The Secretary shall ensure that management of System units and related areas is enhanced by the availability and use of a broad program of the highest quality interpretation and education.
added “100803. Interpretation and education evaluation and quality improvement
removed
“100804. Interpretation and education evaluation and quality improvement
“The Secretary may undertake a program of regular evaluation of interpretation and education programs to ensure that they—
“(1) adjust to how people learn and engage with the natural world and shared heritage as embodied in the System;
“(2) reflect different cultural backgrounds, ages, education, gender, abilities, ethnicity, and needs;
“(3) demonstrate innovative approaches to management and appropriately incorporate emerging learning and communications technology; and
“(4) reflect current scientific and academic research, content, methods, and audience analysis.
added “100804. Improved use of partners and volunteers in interpretation and education
removed
“100805. Improved use of partners and volunteers in interpretation and education
“The Secretary may—
“(1) coordinate with park partners and volunteers in the delivery of quality programs and services to supplement those provided by the Service as part of a park’s Long Range Interpretive Plan;
“(2) support interpretive partners by providing opportunities to participate in interpretive training; and
“(3) collaborate with other Federal and non-Federal public or private agencies, organizations, or institutions for the purposes of developing, promoting, and making available educational opportunities related to resources of the System and programs.”
Conforming amendment— The table of chapters at the beginning of title 54, United States Code, is amended by inserting after the item relating to chapter 1007 the following new item:
Sec. 302 Public Land Corps amendments
changed
The Public Lands Corps Act of 1993 (Public Law 103–82; 91–378, as amended; 16 U.S.C. 1721) 1721 et seq.) is amended—
changed
in section 203(10)(A), 203(10)(A) (16 U.S.C. 1722(10)(A)), by striking “25” and inserting “30”;
changed
in section 204(b), 204(b) (16 U.S.C. 1723(b)), by striking “25” and inserting “30”; and
changed
in section 207(c)(2), 207(c)(2) (16 U.S.C. 1726(c)(2)), by striking “120 days” and inserting “2 years”.
Sec. 303 Volunteers in the parks
changed
Section Subject to the availability of appropriations, section 102301(d) of title 54, United States Code, is amended by striking “not more than $7,000,000” and inserting “not more than $10,000,000”.$9,000,000”.
Sec. 401 Board of directors
Chapter 1011 of title 54, United States Code, is amended—
in section 101112—
by amending subsection (a) to read as follows:
changed
“(a) Membership—The National Park Foundation shall consist of a Board having as members no fewer than 6 six private citizens of the United States appointed by the Secretary. The Secretary and the Director shall be non-voting members of the Board, ex officio.”
by amending subsection (c) to read as follows:
changed
“(c) Chairman—The Chairman shall be elected by the Board from its members for a two-year 2-year term.”
in section 101113(a)—
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
“(2) Coordination with service—Activities of the National Park Foundation under paragraph (1) shall be undertaken after consultation with the Director to ensure that those activities are consistent with the programs and policies of the Service.”
Sec. 402 Authorization of appropriations; use of funds
changed
Authorization of appropriations—appropriations; use of funds— Chapter 1011 of title 54, United States Code, is further amended by adding after section 101121 the following:
changed
“101122. Authorization of appropriationsappropriations; use of funds
changed
“(a) In general—There Authorization of appropriations—There are authorized to be appropriated to carry out this subchapter $25,000,000 $5,000,000 for each of fiscal years 2017 through 2023.
changed
“(b) Requirement Use of advance payment—The amount funds—Funds made available for a fiscal year under subsection (a) shall be provided to the National Park Foundation in an advance payment of the entire amount on October 1 of the fiscal year, or as soon as practicable thereafter.(a)—
changed
“(c) Use of appropriated funds—Amounts made available under subsection (a) shall “(1) may be provided advanced each fiscal year to the National Park Foundation for use for matching, on a 1-to-1 basis, contributions (whether in currency, services, or property) made a lump sum without regard to the Foundation.when expenses are incurred;
changed
“(d) Prohibition use for administrative expenses—No Federal funds made available under subsection (a) “(2) shall be used by provided to the National Park Foundation for administrative expenses of use to match contributions (whether in currency, services, or property) made to the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses.Foundation;
changed
“(e) Prohibition use for investment—The “(3) may not be used by the National Park Foundation shall not place Federal funds made available under subsection (a) into any fund that will be invested or earn interest in any way.”for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses; and
added “(4) may not be deposited by the National Park Foundation into any fund that will be invested or earn interest in any way.”
Conforming amendment— The table of sections for chapter 1011 of title 54, United States Code, is amended by inserting at the end the following:
Sec. 501 National Historic Preservation Act
Additional member— Section 304101(a) of title 54, United States Code, is amended—
by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (9), (10), (11), and (12), respectively; and
by inserting after paragraph (7) the following:
“(8) The General Chairman of the National Association of Tribal Historic Preservation Officers.”
Full-Time chairman— Section 304101 of title 54, United States Code, is further amended—
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
by inserting after subsection (d) the following:
“(e) Chairman
“(1) After January 20, 2017, the Chairman shall—
changed
“(A) be appointed by the President;President, by and with the advice and consent of the Senate;
“(B) serve at the will of the President;
“(C) serve full time; and
changed
“(D) be compensated at the rate provided for Level V of the Executive Schedule Pay Rates (5 U.S.C. 5316).under section 5316 of title 5.
“(2) The Chairman shall serve for a term of 4 years and may be reappointed once, for a total of not more than 8 years of service as Chairman, except that a Chairman whose appointment has expired under this paragraph shall serve until his or her successor has been appointed. The term of a Chairman shall start (regardless of actual appointment date) on January 20 after each general Presidential election. The first Chairman appointed after the date of enactment of this paragraph shall have a first term commencing on January 20, 2017, and ending on January 19, 2021.
“(3) The Chairmen before the first appointment of a Chairman in accordance with paragraph (1) of this subsection shall receive $100 per diem when engaged in the performance of the duties of the Council, and shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council.”
changed
in subsection (f) (as so redesignated), by striking “may act in place” and inserting “shall perform the functions”.
Conforming changes—
Section 304101 of title 54, United States Code, is further amended—
in subsection (b), by striking “, (7), and (8)” and inserting “and (7) through (9)”;
in subsection (c)—
by striking “under paragraphs (1) and (9) to (11)” and inserting “under paragraphs (10) through (12)”; and
changed
by striking “An appointed member may not serve more than 2 terms” terms.” and inserting “An appointed member, other than the Chairman of the Council, may not serve more than 2 terms”;terms.”;
changed
in subsection (f) (as so redesignated), by striking “paragraph (5), (6), (9), or (10)” and inserting “paragraph (5), (6), (10), or (11)”; and
changed
in subsection (g) (as so redesignated), by striking “Twelve members” and inserting “Thirteen members”.
Section 304104 of title 54, United States Code, is amended by inserting after the first sentence the following: “The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101.”.
Section 304105(a) of title 54, United States Code, is amended—
by striking “report directly to the Council” and inserting “report directly to the Chairman”; and
by striking “duties as the Council may prescribe” and inserting “duties as the Chairman may prescribe”.
changed
Section 5316 of title 5, United States Code, is amended by adding at the end the following new item: “Chairman of the Advisory Council on Historic Preservation.”.item:
Clarification— Subsection (b) and subsection (d) of section 311103 of title 54, United States Code, are amended by striking “Council” each place it appears and inserting “Chairman of the Council”.
Sec. 502 Award of concession contracts
addedadded Section 101913(9) of title 54, United States Code, is amended to read as follows:
added “(9) New or additional services—The Secretary may propose to amend the applicable terms of an existing concessions contract to provide new and additional services where the Secretary determines the services are necessary and appropriate for public use and enjoyment of the unit of the National Park System in which they are located and are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the unit. Such new and additional services shall not represent a material change to the required and authorized services as set forth in the applicable prospectus or contract.”
Sec. 601 Technical corrections to national park and program laws
added
added
Apostle islands national lakeshore— Section 3030 of title XXX of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3766) is amended in the section heading by striking “National Seashore.” and inserting “National Lakeshore.”.
added
Baltimore national heritage area— Title VIII of the Omnibus Public Land Management Act of 2009 (Public Law 111–11, 16 U.S.C. 461 note) is amended—
added
in sections 8005(b)(3) and 8005(b)(4) by striking “Baltimore Heritage Area Association” and inserting “Baltimore City Heritage Area Association”; and
added
in section 8005(i) by striking “Effectiveness” and inserting “Financial assistance”.
added
Cumberland island national seashore— Section 6(b) of the Act entitled “An Act to establish the Cumberland Island National Seashore in the State of Georgia, and for other purposes” (Public Law 92–536; 16 U.S.C. 459i–5) is amended by striking “physiographic conditions not prevailing” and inserting “physiographic conditions now prevailing”.
added
Harriet Tubman national historical park, new york— Section 3036(d)(4)(B) of title XXX of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3780) is amended by striking “section 2(b)(1)” and inserting “section 3035”.
added
Harriet Tubman underground railroad national historical park, maryland— Section 3035(d)(4)(B) of title XXX of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3778) is amended by striking “section 3(b)(1)(A)” and inserting “section 3036”.
added
Historic preservation standards and guidelines— Section 306131(a)(3) of title 54, United States Code, is amended by striking “Office of Management and Budget” and inserting “Office of Personnel Management”.
added
Lava beds national monument— The first section of the Act of October 13, 1972 (Public Law 92–493; 86 Stat. 811) is amended in the first sentence—
added
by striking “That, in” and inserting “Section 1. In”; and
added
by striking “ten thousand acres” and all that follows through the remainder of the sentence and inserting “10,431 acres, as depicted within the proposed wilderness boundary on the map entitled “Lava Beds National Monument, Proposed Wilderness Boundary Adjustment”, numbered 147/80,015, and dated September 2005, and those lands within the area generally known as the Schonchin Lava Flow comprising about 18,029 acres, as depicted within the proposed wilderness boundary on the map, are designated as wilderness.”.
added
Muscle shoals national heritage area— Section 8009(j) of title VIII of the Omnibus Public Land Management Act of 2009 (Public Law 111–11, 16 U.S.C. 461 note) is amended by striking “Effectiveness” and inserting “Financial assistance”.
added
Paterson great falls national historical park— Section 3037(a)(1)(c) of title XXX of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3780) is amended by striking “numbered T03/120,155, and dated April 2014” and insert “numbered T03/120,155A, and dated August 2015”.
added
Snake river headwaters— Section 5002(c)(1) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11, 123 Stat. 1148, 1149) is amended by striking “paragraph (205) of section 3(a)” each place it appears and inserting “paragraph (206) of section 3(a)”.
added
Taunton river— Section 5003(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11, 123 Stat. 1152, 1153) is amended by striking “section 3(a)(206)” each place it appears and inserting “section 3(a)(207)”.
added
World War I Centennial Commission Act— Section 4(e)(3)(c) of the World War I Centennial Commission Act (Public Law 112–272; 126 Stat. 2449) is amended by striking “National Parks Service.” and inserting “National Park Service.”.
Sec. 701 Visitor experience improvements authority
addedadded Chapter 1019 of title 54, United States Code, is amended by inserting at the end the following:
added “III Commercial Services Authorization
added “101931. Contract authority
added “(a) General authority—Notwithstanding subchapter II, the Secretary may award and administer commercial services contracts (and related professional services contracts) for the operation and expansion of commercial visitor facilities and visitor services programs in System units. The commercial services contracts that may be awarded shall be limited to those that are necessary and appropriate for public use and enjoyment of the unit of the System in which they are located, and, that are consistent with the preservation and conservation of the resources and values of the unit.
added “(b) Additional authority—Contracts may be awarded under subsection (a) without regard to Federal laws and regulations governing procurement by Federal agencies, with the exception of laws and regulations related to Federal government contracts governing working conditions and wage rates, including the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), sections 3141–3144, 3146, and 3147 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), and any civil rights provisions otherwise applicable thereto.
added “(c) Use of commercial services contracts
added “(1) In general—The Secretary may issue a commercial services contract under this subchapter when the Secretary determines that the contract meets the objectives of expanding, modernizing, and improving the condition of commercial visitor facilities and the services provided to visitors.
added “(2) Exceptions—No contracts may be awarded under this subchapter—
added “(A) for the provision of outfitter and guide services described in section 101913(8); or
added “(B) to authorize the provision of facilities or services for which the Secretary has granted to an existing concessioner a preferential right of renewal as defined in sections 101911 and 101913.
added “101932. Award of commercial services contracts
added “(a) Competitive selection process—Except as provided in subsection (c), commercial services contracts shall be awarded by the Secretary through a competitive selection process.
added “(b) Solicitation of proposals—Before awarding a new commercial services contract, the Secretary shall publicly solicit proposals for the contract, except as provided in subsection (c). In connection with such solicitation, the Secretary shall prepare a request for proposals and shall publish notice of its availability.
added “101933. Term of commercial services contracts
added “A commercial services contract entered into pursuant to this title shall be awarded for a term not to exceed 10 years.
added “101934. Capital improvements
added “A person or entity awarded a contract under this subchapter shall receive no leasehold surrender interest, as defined in section 101915, in capital improvements constructed under the terms of the contract.
added “101935. Financial management
added “(a) Revolving fund—There is established a revolving fund that shall be available to the Secretary without fiscal year limitation for—
added “(1) expenses necessary for the management, improvement, enhancement, operation, construction, and maintenance of commercial visitor services and facilities; and
added “(2) payment of possessory interest and leasehold surrender interest.
added “(b) Collection of funds
added “(1) Funds collected by the Secretary pursuant to the contracts awarded under this subchapter shall be credited to the revolving fund.
added “(2) The Secretary is authorized to transfer to the revolving fund, without reimbursement, any additional funds or revenue in connection with the functions to be carried out under this subchapter.
added “(c) Use of funds—Amounts in the revolving fund shall be used by the Secretary in furtherance of the purposes of this title. No funds from this account may be used to decrease the availability of services and programs to the public.
added “101936. Regulations
added “As soon as practicable after the effective date of this subchapter, the Secretary shall promulgate regulations appropriate for its implementation.
added “101937. Savings provision
added “Nothing in this subchapter shall modify the terms or conditions of any concessions contracts awarded under subchapter II or the ability of the National Park Service to enter into concessions contracts under the National Park Service Concessions Management Improvement Act of 1998 (title IV of Public Law 105–391) including the use of leaseholder surrender interest.
added “101938. Sunset
added “The authority given to the Secretary under this subchapter shall expire 7 years after the date of the enactment of this subchapter.”
Sec. 801 Short title
addedadded This title may be cited as the “National Historic Preservation Amendments Act”.
Sec. 802 Reauthorization of the Historic Preservation Fund
added
added
In general— Section 303102 of title 54, United States Code, is amended by striking “2015” and inserting “2023”.
added
Federal nominations— Section 302104 of such title is amended—
added
in subsections (a) and (b), by striking “subsection (c)” and inserting “subsection (d)”;
added
by inserting after subsection (b), the following new subsection:
added “(c) Nomination by Federal agency—Subject to the requirements of section 302107 of this title, the regulations promulgated under section 302103 of this title, and appeal under subsection (d) of this section, the Secretary may accept a nomination directly by a Federal agency for inclusion of property on the National Register only if—
added “(1) completed nominations are sent to the State Historic Preservation Officer for review and comment regarding the adequacy of the nomination, the significance of the property and its eligibility for the National Register;
added “(2) within 45 days of receiving the completed nomination, the State Historic Preservation Officer has made a recommendation regarding the nomination to the Federal Preservation Officer, except that failure to meet this deadline shall constitute a recommendation to not support the nomination;
added “(3) the chief elected officials of the county (or equivalent governmental unit) and municipal political jurisdiction in which the property is located are notified and given 45 days in which to comment;
added “(4) the Federal Preservation Officer forwards it to the Keeper of the National Register of Historic Places after determining that all procedural requirements have been met, including those in paragraphs (1) through (3) above; the nomination is adequately documented; the nomination is technically and professionally correct and sufficient; and may include an opinion as to whether the property meets the National Register criteria for evaluation;
added “(5) notice is provided in the Federal Register that the nominated property is being considered for listing on the National Register that includes any comments and the recommendation of the State Historic Preservation Officer and a declaration whether the State Historic Preservation Officer has responded within the 45 day-period of review provided in paragraph (2); and
added “(6) the Secretary addresses in the Federal Register any comments from the State Historic Preservation Officer that do not support the nomination of the property on the National Register before the property is included in the National Register.”
added
by redesignating subsection (c) as subsection (d).
added
Technical amendments—
added
Section 303102 of such title is amended by striking “Contents” in the heading thereof and inserting “Funding”.
added
The table of sections for chapter 3031 of such title is amended by striking the item relating to section 303102 and inserting the following new item: