,,ii #aacth ,,congress #b;d ,session ,s4 #beij ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aj1 #bjad ,mr4 ,tester 7for himself and ,mr4 ,walsh7 introduced the following bill2 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 ,center1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,lewis and ,clark ,national ,historic ,trail ,interpretive ,center ,act of #bjad4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to provide for a pilot program of public-private partnership regarding the operation of the ,lewis and ,clark ,national ,historic ,trail ,interpretive ,center2 7#b7 to promote the use and development of the ,interpretive ,center by the ,lewis ,clark ,foundation1 in support of the purposes of ,public ,law #ajj-eeb 7#ajb ,stat4 #bgff72 7#c7 to allow and promote use of the ,interpretive ,center1 with the goal of achieving financial self-sustainability2 and 7#d7 to authorize the ,secretary of ,agriculture to participate and cooperate in the operation of the ,interpretive ,center as necessary or desirable to promote-- 7,a7 the conservation and management of ,united ,states public land2 7,b7 the use1 understanding1 and enjoyment of-- 7i7 the ,interpretive ,center2 and 7ii7 natural resources and natural history2 and 7,c7 interpretation of the historical events associated with-- 7i7 the ,lewis and ,clark ,expedition2 7ii7 ,native ,americans2 and 7iii7 the ,american ,west4 #c4 ,definitions ,in this ,act3 7#a7 ,foundation ,the term ,foundation means the ,lewis ,clark ,foundation1 a nonprofit corporation existing under the laws of the ,state 7or any successor in interest to that foundation74 7#b7 ,grant ,deed ,the term ,grant ,deed means the instrument that-- 7,a7 conveys to the ,united ,states from the ,montana ,department of ,fish1 ,wildlife and ,parks a parcel of land comprising #bg4bi acres1 as depicted on the ,map and located in ,cascade ,county1 ,montana2 7,b7 comprises #h pages recorded in the land records of ,cascade ,county as document numbered ,r#jjdjehi2 and 7,c7 is dated ,june #f1 #bjjb4 7#c7 ,interpretive ,center 7,a7 ,in general ,the term ,interpretive ,center means the ,lewis and ,clark ,national ,historic ,trail ,interpretive ,center1 located in ,great ,falls1 ,montana4 7,b7 ,inclusions ,the term ,interpretive ,center includes all land1 buildings1 and fixtures associated with the center described in subparagraph 7,a74 7#d7 ,map ,the term ,map means the map entitled ,lewis and ,clark ,interpretive ,center1 ,tract ,no4 #a of the ,certificate of ,survey #cidb1 filed on ,april #ah1 #bjjb1 in the offices of the ,clerk and ,recorder1 ,cascade ,county1 ,montana4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#f7 ,state ,the term ,state means the ,state of ,montana4 #d4 ,amendments ,public ,law #ajj-eeb 7#af ,u4,s4,c4 #abdd note2 #ajb ,stat4 #bgff7 is amended-- 7#a7 in section #b-- 7,a7 in subsection 7b71 in the first sentence1 by striking donated and inserting conveyed2 and 7,b7 by striking subsection 7c72 and 7#b7 in section #c7;a71 by striking the second sentence4 #e4 ,ratification of prior conveyance ,notwithstanding section #b of ,public ,law #ajj-eeb 7#af ,u4,s4,c4 #abdd note2 #ajb ,stat4 #bgff71 the ,grant ,deed is ratified in accordance with the terms of the ,grant ,deed4 #f4 ,conveyance by lease 7a7 ,pilot project 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 without further administrative procedures1 reviews1 or analyses and subject to valid existing rights of record1 the ,secretary shall carry out a pilot project under which the ,secretary shall offer to lease to the ,foundation1 for no consideration1 the land and improvements comprising the ,federal interest in the ,interpretive ,center1 including the real property depicted on the ,map and conveyed by the ,grant ,deed4 7#b7 ,timing ,at any time1 the ,secretary and the ,foundation may agree to the lease of all or any portion of the property described in paragraph 7#a7-- 7,a7 at #a time2 or 7,b7 in phases over time4 7#c7 ,personal property conveyance ,the ,secretary may convey1 by deed of gift or lease to the ,foundation1 for no consideration1 such furniture1 equipment1 and other personal property as the ,secretary and the ,foundation agree to be appropriate1 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 ,act4 7b7 ,terms and conditions 7#a7 ,term ,the lease under subsection 7a7 shall be-- 7,a7 for a primary term of not more than #dj years2 and 7,b7 renewable for additional terms of not more than #dj years each1 in accordance with such terms and conditions as the ,secretary and the ,foundation agree to be appropriate4 7#b7 ,condition ,the ,secretary-- 7,a7 shall lease any real or personal property pursuant to this section in the existing condition of the property2 and 7,b7 has no obligation to repair or replace any such property or improvement4 7#c7 ,requirements 7,a7 ,in general ,the terms of any lease1 lease modification1 or lease renewal under this section shall be consistent with the requirements of this ,act4 7,b7 ,other terms and conditions ,the lease may contain such other terms and conditions including provisions relating to-- 7i7 the partial occupancy and use at reduced or no charges by the ,forest ,service1 other ,federal departments or agencies1 and any other entities referred to in ,public ,law #ajj-eeb 7#af ,u4,s4,c4 #abdd note2 #ajb ,stat4 #bgff72 7ii7 capital improvements made by the ,foundation1 the title to which shall vest in the ,united ,states on termination of the lease1 unless otherwise agreed to by the ,secretary and the ,foundation2 and 7iii7 the upkeep and maintenance of any appropriate facilities by the ,foundation4 7#d7 ,modifications ,the lease may be modified from time to time by mutual written agreement of the ,secretary and the ,foundation4 7#e7 ,termination ,the lease under subsection 7a7 shall be terminable by the ,secretary in any case in which the ,secretary determines that the ,interpretive ,center is-- 7,a7 destroyed by fire or act of ,god such that the ,interpretive ,center cannot continue operating1 and the ,foundation has elected not to construct or reconstruct any necessary improvements2 7,b7 attempted to be sold1 mortgaged1 or used as security for indebtedness2 7,c7 abandoned or ceases to be used for the purposes of the lease for a consecutive period of #a year1 unless otherwise agreed to by the ,foundation and the ,secretary2 or 7,d7 used in a manner that is inconsistent with the terms of the lease4 7c7 ,administrative actions ,the ,regional ,forester1 ,northern ,region1 of the ,forest ,service may act on behalf of the ,secretary in carrying out this ,act4 7d7 ,reservation of rights in ,united ,states 7#a7 ,in general ,at all times1 the ,united ,states shall reserve the right to locate1 develop1 and use the ,interpretive ,center for other uses by the ,federal ,government that are compatible with the purposes and operation of ,interpretive ,center4 7#b7 ,consultation required ,the ,foundation shall be consulted prior to any development or use under paragraph 7#a74 7e7 ,insurance 7#a7 ,in general ,the ,foundation shall maintain general liability insurance for the duration of the lease under this section1 in such amount as is agreed to by the ,secretary and the ,foundation4 7#b7 ,requirement ,the ,united ,states shall be named as an additional insured under the policy4 #g4 ,use by ,foundation ,the lease under this ,act-- 7#a7 shall permit the ,foundation to assume stewardship responsibilities for the ,interpretive ,center1 including through-- 7,a7 the sale of souvenirs and merchandise2 7,b7 the provision of food and visitor services2 7,c7 the rental of facilities for short-term events2 and 7,d7 the assessment of admission and use fees in an amount determined by the ,foundation2 and 7#b7 may permit the ,foundation1 with prior written approval of the ,secretary-- 7,a7 to construct or renovate any applicable improvements2 and 7,b7 to sublet any space or facility for any use that is compatible with the purposes of the ,interpretive ,center4 #h4 ,monetary provisions 7a7 ,admission and use fees ,the ,foundation shall have sole discretion to establish and charge admission and use fees for the ,interpretive ,center4 7b7 ,receipts ,the ,foundation may retain and use all amounts generated from the operation of the ,interpretive ,center1 including through-- 7#a7 the sale of merchandise2 and 7#b7 the assessment of admission and use fees4 7c7 ,accounts 7#a7 ,in general ,the ,foundation shall maintain documents and accounts that are-- 7,a7 prepared by an accountant certified or licensed by a ,state regulatory authority2 and 7,b7 prepared in accordance with generally accepted accounting principles4 7#b7 ,inspection ,all documents and accounts of the ,foundation shall be open to inspection by-- 7,a7 the ,secretary2 and 7,b7 other appropriate ,federal officials4 7d7 ,state and local taxes 7#a7 ,in general ,the ,interpretive ,center shall be considered to be ,federal property for purposes of taxation by the ,state government and units of local government4 7#b7 ,effect of ,act ,nothing in this ,act exempts the ,foundation or the ,interpretive ,center from the collection and payment of any sales or excise tax4 7e7 ,federal assistance 7#a7 ,in general ,subject to the availability of appropriated funds1 the ,secretary may provide to the ,foundation 7including through a cooperative agreement under section #i7 such sums as the ,secretary determines to be appropriate for-- 7,a7 startup costs2 and 7,b7 subsequent maintenance and operational expenses4 7#b7 ,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 eligible1 notwithstanding the status of the ,foundation as a lessee of1 or cooperator with1 the ,united ,states4 #i4 ,cooperative agreements 7a7 ,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-- 7#a7 the use of ,forest ,service employees for interpretive or educational services2 7#b7 the use of equipment2 7#c7 the training of staff and volunteers2 7#d7 the provision of interpretive services1 including displays1 educational programs1 and similar information2 7#e7 maintenance and operational expenses2 and 7#f7 any other activity that the ,foundation and the ,secretary determine to be in support of the purposes of ,public ,law #ajj-eeb 7#af ,u4,s4,c4 #abdd note2 #ajb ,stat4 #bgff7 and this ,act4 7b7 ,effect of ,act ,nothing in this ,act precludes the use of other cooperative authorities of the ,secretary1 including the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abda et seq474 #aj4 ,relationship to other laws 7a7 ,public ,law #ajj-eeb 7#a7 ,in general ,except as provided in section #d1 ,public ,law #ajj-eeb 7#af ,u4,s4,c4 #abdd note2 #ajb ,stat4 #bgff7 shall remain in force and effect4 7#b7 ,conflicts ,if a conflict arises between ,public ,law #ajj-eeb 7#af ,u4,s4,c4 #abdd note2 #ajb ,stat4 #bgff7 and any provision of this ,act1 the provision of this ,act shall prevail4 7b7 ,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 7#af ,u4,s4,c4 #fhja et seq47 or any other law relating to the charging of admission or use fees on ,federal land or facilities4 7c7 ,federal laws and regulations 7#a7 ,in general ,notwithstanding the lease under this ,act1 the ,interpretive ,center shall continue to be subject to the laws and regulations relating to the ,national ,forest ,system1 unless any such law or regulation is inconsistent with ,public ,law #ajj-eeb 7#af ,u4,s4,c4 #abdd note2 #ajb ,stat4 #bgff7 or this ,act4 7#b7 ,regulations ,no provision contained in subpart ,b of part #bea of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 shall apply to the lease authorized by this ,act1 unless such a provision is incorporated in the lease by agreement of the ,secretary and the ,foundation4 #aa4 ,reports to ,congress 7a7 ,in general ,the ,secretary and the ,foundation each may submit to ,congress1 from time to time1 reports regarding the status of the pilot project authorized by this ,act1 including-- 7#a7 an assessment of the lease under the pilot project2 and 7#b7 such recommendations as the ,secretary or the ,foundation determine to be necessary or appropriate for the continued management of the ,interpretive ,center4 7b7 ,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 ,system4 #ab4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out-- 7#a7 this ,act2 and 7#b7 ,public ,law #ajj-eeb 7#af ,u4,s4,c4 #abdd note2 #ajb ,stat4 #bgff74