S. 2590 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2590 IN THE SENATE OF THE UNITED STATES July 10, 2014 Mr. Tester (for himself and Mr. Walsh) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To advance the purposes of the Lewis and Clark National Historic Trail Interpretive Center, and for other purposes. 1. Short title This Act may be cited as the Lewis and Clark National Historic Trail Interpretive Center Act of 2014. 2. Purposes The purposes of this Act are— (1) to provide for a pilot program of public-private partnership regarding the operation of the Lewis and Clark National Historic Trail Interpretive Center; (2) to promote the use and development of the Interpretive Center by the Lewis & Clark Foundation, in support of the purposes of Public Law 100–552 (102 Stat. 2766); (3) to allow and promote use of the Interpretive Center, with the goal of achieving financial self-sustainability; and (4) to authorize the Secretary of Agriculture to participate and cooperate in the operation of the Interpretive Center as necessary or desirable to promote— (A) the conservation and management of United States public land; (B) the use, understanding, and enjoyment of— (i) the Interpretive Center; and (ii) natural resources and natural history; and (C) interpretation of the historical events associated with— (i) the Lewis and Clark Expedition; (ii) Native Americans; and (iii) the American West. 3. Definitions In this Act: (1) Foundation The term Foundation means the Lewis & Clark Foundation, a nonprofit corporation existing under the laws of the State (or any successor in interest to that foundation). (2) Grant Deed The term Grant Deed means the instrument that— (A) conveys to the United States from the Montana Department of Fish, Wildlife and Parks a parcel of land comprising 27.29 acres, as depicted on the Map and located in Cascade County, Montana; (B) comprises 8 pages recorded in the land records of Cascade County as document numbered R0040589; and (C) is dated June 6, 2002. (3) Interpretive Center (A) In general The term Interpretive Center means the Lewis and Clark National Historic Trail Interpretive Center, located in Great Falls, Montana. (B) Inclusions The term Interpretive Center includes all land, buildings, and fixtures associated with the center described in subparagraph (A). (4) Map The term Map means the map entitled Lewis and Clark Interpretive Center, Tract No. 1 of the Certificate of Survey #3942, filed on April 18, 2002, in the offices of the Clerk and Recorder, Cascade County, Montana. (5) Secretary The term Secretary means the Secretary of Agriculture. (6) State The term State means the State of Montana. 4. Amendments Public Law 100–552 (16 U.S.C. 1244 note; 102 Stat. 2766) is amended— (1) in section 2— (A) in subsection (b), in the first sentence, by striking donated and inserting conveyed; and (B) by striking subsection (c); and (2) in section 3(a), by striking the second sentence. 5. Ratification of prior conveyance Notwithstanding section 2 of Public Law 100–552 (16 U.S.C. 1244 note; 102 Stat. 2766), the Grant Deed is ratified in accordance with the terms of the Grant Deed. 6. Conveyance by lease (a) Pilot project (1) In general Not later than 180 days after the date of enactment of this Act, without further administrative procedures, reviews, or analyses and subject to valid existing rights of record, the Secretary shall carry out a pilot project under which the Secretary shall offer to lease to the Foundation, for no consideration, the land and improvements comprising the Federal interest in the Interpretive Center, including the real property depicted on the Map and conveyed by the Grant Deed. (2) Timing At any time, the Secretary and the Foundation may agree to the lease of all or any portion of the property described in paragraph (1)— (A) at 1 time; or (B) in phases over time. (3) Personal property conveyance The Secretary may convey, by deed of gift or lease to the Foundation, for no consideration, such furniture, equipment, and other personal property as the Secretary and the Foundation agree to be appropriate, including any property that has been used in connection with the operation and maintenance of the Interpretive Center on or before the date of enactment of this Act. (b) Terms and conditions (1) Term The lease under subsection (a) shall be— (A) for a primary term of not more than 40 years; and (B) renewable for additional terms of not more than 40 years each, in accordance with such terms and conditions as the Secretary and the Foundation agree to be appropriate. (2) Condition The Secretary— (A) shall lease any real or personal property pursuant to this section in the existing condition of the property; and (B) has no obligation to repair or replace any such property or improvement. (3) Requirements (A) In general The terms of any lease, lease modification, or lease renewal under this section shall be consistent with the requirements of this Act. (B) Other terms and conditions The lease may contain such other terms and conditions including provisions relating to— (i) the partial occupancy and use at reduced or no charges by the Forest Service, other Federal departments or agencies, and any other entities referred to in Public Law 100–552 (16 U.S.C. 1244 note; 102 Stat. 2766); (ii) capital improvements made by the Foundation, the title to which shall vest in the United States on termination of the lease, unless otherwise agreed to by the Secretary and the Foundation; and (iii) the upkeep and maintenance of any appropriate facilities by the Foundation. (4) Modifications The lease may be modified from time to time by mutual written agreement of the Secretary and the Foundation. (5) Termination The lease under subsection (a) shall be terminable by the Secretary in any case in which the Secretary determines that the Interpretive Center is— (A) destroyed by fire or act of God such that the Interpretive Center cannot continue operating, and the Foundation has elected not to construct or reconstruct any necessary improvements; (B) attempted to be sold, mortgaged, or used as security for indebtedness; (C) abandoned or ceases to be used for the purposes of the lease for a consecutive period of 1 year, unless otherwise agreed to by the Foundation and the Secretary; or (D) used in a manner that is inconsistent with the terms of the lease. (c) Administrative actions The Regional Forester, Northern Region, of the Forest Service may act on behalf of the Secretary in carrying out this Act. (d) Reservation of rights in United States (1) In general At all times, the United States shall reserve the right to locate, develop, and use the Interpretive Center for other uses by the Federal Government that are compatible with the purposes and operation of Interpretive Center. (2) Consultation required The Foundation shall be consulted prior to any development or use under paragraph (1). (e) Insurance (1) In general The Foundation shall maintain general liability insurance for the duration of the lease under this section, in such amount as is agreed to by the Secretary and the Foundation. (2) Requirement The United States shall be named as an additional insured under the policy. 7. Use by Foundation The lease under this Act— (1) shall permit the Foundation to assume stewardship responsibilities for the Interpretive Center, including through— (A) the sale of souvenirs and merchandise; (B) the provision of food and visitor services; (C) the rental of facilities for short-term events; and (D) the assessment of admission and use fees in an amount determined by the Foundation; and (2) may permit the Foundation, with prior written approval of the Secretary— (A) to construct or renovate any applicable improvements; and (B) to sublet any space or facility for any use that is compatible with the purposes of the Interpretive Center. 8. Monetary provisions (a) Admission and use fees The Foundation shall have sole discretion to establish and charge admission and use fees for the Interpretive Center. (b) Receipts The Foundation may retain and use all amounts generated from the operation of the Interpretive Center, including through— (1) the sale of merchandise; and (2) the assessment of admission and use fees. (c) Accounts (1) In general The Foundation shall maintain documents and accounts that are— (A) prepared by an accountant certified or licensed by a State regulatory authority; and (B) prepared in accordance with generally accepted accounting principles. (2) Inspection All documents and accounts of the Foundation shall be open to inspection by— (A) the Secretary; and (B) other appropriate Federal officials. (d) State and local taxes (1) In general The Interpretive Center shall be considered to be Federal property for purposes of taxation by the State government and units of local government. (2) Effect of Act Nothing in this Act exempts the Foundation or the Interpretive Center from the collection and payment of any sales or excise tax. (e) Federal assistance (1) In general Subject to the availability of appropriated funds, the Secretary may provide to the Foundation (including through a cooperative agreement under section 9) such sums as the Secretary determines to be appropriate for— (A) startup costs; and (B) subsequent maintenance and operational expenses. (2) Other Federal assistance The Foundation may apply for and receive any Federal grant or other form of Federal assistance for which the Foundation is otherwise eligible, notwithstanding the status of the Foundation as a lessee of, or cooperator with, the United States. 9. Cooperative agreements (a) In general The Secretary and the Foundation at any time may enter into any cooperative agreement to provide Federal financial or other assistance at the Interpretive Center relating to— (1) the use of Forest Service employees for interpretive or educational services; (2) the use of equipment; (3) the training of staff and volunteers; (4) the provision of interpretive services, including displays, educational programs, and similar information; (5) maintenance and operational expenses; and (6) any other activity that the Foundation and the Secretary determine to be in support of the purposes of Public Law 100–552 (16 U.S.C. 1244 note; 102 Stat. 2766) and this Act. (b) Effect of Act Nothing in this Act precludes the use of other cooperative authorities of the Secretary, including the National Trails System Act (16 U.S.C. 1241 et seq.). 10. Relationship to other laws (a) Public Law 100–552 (1) In general Except as provided in section 4, Public Law 100–552 (16 U.S.C. 1244 note; 102 Stat. 2766) shall remain in force and effect. (2) Conflicts If a conflict arises between Public Law 100–552 (16 U.S.C. 1244 note; 102 Stat. 2766) and any provision of this Act, the provision of this Act shall prevail. (b) Fees and charges The Foundation and the operation of the Interpretive Center shall not be subject to the requirements of Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) or any other law relating to the charging of admission or use fees on Federal land or facilities. (c) Federal laws and regulations (1) In general Notwithstanding the lease under this Act, the Interpretive Center shall continue to be subject to the laws and regulations relating to the National Forest System, unless any such law or regulation is inconsistent with Public Law 100–552 (16 U.S.C. 1244 note; 102 Stat. 2766) or this Act. (2) Regulations No provision contained in subpart B of part 251 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), shall apply to the lease authorized by this Act, unless such a provision is incorporated in the lease by agreement of the Secretary and the Foundation. 11. Reports to Congress (a) In general The Secretary and the Foundation each may submit to Congress, from time to time, reports regarding the status of the pilot project authorized by this Act, including— (1) an assessment of the lease under the pilot project; and (2) such recommendations as the Secretary or the Foundation determine to be necessary or appropriate for the continued management of the Interpretive Center. (b) Applicability The Secretary may advise Congress with respect to the potential applicability of the pilot project under this Act to other interpretive centers within the National Forest System. 12. Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out— (1) this Act; and (2) Public Law 100–552 (16 U.S.C. 1244 note; 102 Stat. 2766).