[Senate Report 113-301]
[From the U.S. Government Publishing Office]
Calendar No. 641
113th Congress Report
SENATE
2d Session 113-301
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NATIONAL PARK SYSTEM DONOR ACKNOWLEDGMENT ACT
_______
December 10, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2873]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2873) to authorize the Secretary of the
Interior to acknowledge contributions at units of the National
Park System, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park System Donor
Acknowledgment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Donor acknowledgment.--The term ``donor acknowledgment''
means an appropriate statement or credit acknowledging a
donation.
(2) National park system.--The term ``National Park System''
includes each program and individual unit of the National Park
System.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. DONOR ACKNOWLEDGMENTS IN UNITS OF NATIONAL PARK SYSTEM.
(a) In General.--The Secretary may authorize a donor acknowledgment
to recognize a donation to--
(1) the National Park Service; or
(2) the National Park System.
(b) Restrictions.--A donor acknowledgment shall not be used to state
or imply--
(1) recognition of the donor or any product or service of the
donor as an official sponsor, or any similar form of
recognition, of the National Park Service or the National Park
System;
(2) a National Park Service endorsement of the donor or any
product or service of the donor; or
(3) naming rights to any unit of the National Park System or
a National Park System facility, including a visitor center.
(c) Requirements.--
(1) Display.--A donor acknowledgment shall be displayed--
(A) in a manner that is approved by the Secretary;
and
(B) for a period of time, as determined by the
Secretary, that is commensurate with the amount of the
contribution and the life of the structure.
(2) Guidelines.--The Secretary shall establish donor
acknowledgment guidelines that take into account the unique
requirements of individual units and programs of the National
Park System.
(3) Use of slogans prohibited.--A donor acknowledgment shall
not permit the use of--
(A) an advertising slogan; or
(B) a statement or credit promoting or opposing a
political candidate or issue.
(d) Placement.--
(1) Visitor and administrative facilities.--A donor
acknowledgment may be located on or inside a visitor center or
administrative facility of the National Park System (including
in a specific room or section) or any other appropriate
location, such as on a donor recognition wall or plaque.
(2) Outside.--A donor acknowledgment may be located in an
area outside of a visitor or administrative facility described
in paragraph (1), including a bench, brick, pathway, area of
landscaping, or plaza.
(3) Projects.--A donor acknowledgment may be located near a
park construction or restoration project, if the donation
directly relates to the project.
(4) Vehicles.--A donor acknowledgment may be placed on a
National Park Service vehicle, if the donation directly relates
to the vehicle.
(5) Limitation.--Any donor acknowledgment associated with a
historic structure or placed outside a park restoration
project--
(A) shall be freestanding; and
(B) shall not obstruct a natural or historical site
or view.
(e) Printed, Digital, and Media Platforms.--The Secretary may
authorize the use of donor acknowledgments under this section to
include donor acknowledgments on printed, digital, and media platforms,
including brochures or Internet websites relating to a specific unit of
the National Park System.
SEC. 4. COMMEMORATIVE WORKS ACT AMENDMENTS.
Section 8905 of title 40, United States Code, is amended--
(1) in subsection (b), by striking paragraph (7); and
(2) by adding at the end the following:
``(c) Donor Contributions.--
``(1) Acknowledgment of donor contribution.--Except as
otherwise provided in this subsection, the Secretary of the
Interior or Administrator of General Services, as applicable,
may permit a sponsor to acknowledge donor contributions at the
commemorative work.
``(2) Requirements.--An acknowledgment under paragraph (1)
shall--
``(A) be displayed--
``(i) inside an ancillary structure
associated with the commemorative work; or
``(ii) as part of a manmade landscape feature
at the commemorative work; and
``(B) conform to applicable National Park Service or
General Services Administration guidelines for donor
recognition, as applicable.
``(3) Limitations.--An acknowledgment under paragraph (1)
shall--
``(A) be limited to an appropriate statement or
credit recognizing the contribution;
``(B) be displayed in a form in accordance with
National Park Service and General Services
Administration guidelines;
``(C) be displayed for a period of up to 10 years,
with the display period to be commensurate with the
level of the contribution, as determined in accordance
with the plan and guidelines described in subparagraph
(B);
``(D) be freestanding; and
``(E) not be affixed to--
``(i) any landscape feature at the
commemorative work; or
``(ii) any object in a museum collection.
``(4) Cost.--The sponsor shall bear all expenses related to
the display of donor acknowledgments under paragraph (1).
``(5) Applicability.--This subsection shall apply to any
commemorative work dedicated after January 1, 2010.''.
SEC. 5. EFFECT OF ACT.
Nothing in this Act or an amendment made by this Act--
(1) requires the Secretary to accept a donation; or
(2) modifies section 145 of Public Law 108-108 (16 U.S.C. 1a-
1 note; 117 Stat. 1280).
Purpose
The purpose of S. 2873 is to authorize the Secretary of the
Interior to acknowledge contributions at units of the National
Park System.
Background and Need
The National Park Service (NPS) consists of 401 units
throughout the United States. In addition to appropriated
funds, National Park managers rely upon donations to help
accomplish the preservation and education mission of the NPS.
Traditionally, NPS policy has been restrictive on
acknowledgments of donors in an attempt to avoid
commercialization of the National Park System. Recognizing the
importance of donor recognition, the National Park Service is
clarifying its policy to include more apparent recognition of
these donors.
Legislation is needed to authorize the Secretary of the
Interior to provide appropriate recognition for donations to
the National Park Service or the National Park System.
Legislative History
S. 2873 was introduced by Senators Coburn, Enzi and Warner
on September 18, 2014.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on November 13, 2014, by a voice vote of
a quorum present, recommends that the Senate pass S. 2873, if
amended as described herein.
Committee Amendment
During its consideration of S. 398, the Committee adopted
an amendment in the nature of a substitute. The amendment
changes the definition of donor acknowledgment. The amendment
also provides more specific guidance about intent for
protecting the National Park System from endorsement or
commercialization. It also provides clarification on how donor
recognition should be handled at commemorative works. The
committee amendment is explained in detail in the section-by-
section analysis below.
Section-by-Section Analysis
Section 1 provides the short title, the ``National Park
System Donor Acknowledgment Act.''
Section 2 contains definitions of the terms ``Donor
Acknowledgment'', ``National Park System'', and ``Secretary''.
Section 3 authorizes the Secretary of the Interior to
recognize a donation to the National Park Service or National
Park System.
Subsection (b) contains the prohibition of donor
acknowledgment recognizing a donor, or any product or service
of the donor, as an official sponsor of the National Park
Service or the National Park System. Additionally, donor
recognition should not imply National Park Service endorsement,
nor allow for naming rights to a unity of the National Park
System or a facility.
Subsection (c) provides requirement on how donor
acknowledgment can be displayed. It requires the Secretary to
develop guidelines for donor acknowledgment. Use of advertising
slogans, or political statements are prohibited.
Subsection (d) provides guidance of placement of donor
acknowledgment.
Subsection (e) allows the Secretary to use donor
recognition on printed, digital, and media platforms.
Section 4 amends the Commemorative Works Act to allow the
Secretary to acknowledge donations at Commemorative Works.
Section 5 articulates that the Secretary is not required to
accept a donation. Additionally, it clarifies that this act
does not modify law governing use of the National Mall in
Washington, DC.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the Internet
at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2873.
The Act is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2873, as ordered reported.
Congressionally Directed Spending
S. 2873, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined in rule XLIV of the Standing Rules
of the Senate.
Executive Communications
The Committee did not request Administration views on S.
2873.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
bill S. 2873, as ordered reported are shown as follow (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
* * * * * * *
Subtitle II--Public Buildings and Works
* * * * * * *
PART D--PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF
COLUMBIA
* * * * * * *
CHAPTER 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS
* * * * * * *
Sec. 8905. Site and design approval
* * * * * * *
(b) Decision Criteria.--In considering site and design
proposals, the Commission of Fine Arts, National Capital
Planning Commission, and the Secretary or Administrator (as
appropriate) shall be guided by, but not limited by, the
following criteria:
(1) Surroundings.--To the maximum extent possible, a
commemorative work shall be located in surroundings
that are relevant to the subject of the work.
(2) Location.--A commemorative work shall be located
so that--
(A) it does not interfere with, or encroach
on, an existing commemorative work; and
(B) to the maximum extent practicable, it
protects open space, existing public use, and
cultural and natural resources.
(3) Material.--A commemorative work shall be
constructed of durable material suitable to the outdoor
environment.
(4) Landscape features.--Landscape features of
commemorative works shall be compatible with the
climate.
(5) Museums.--No commemorative work primarily
designed as a museum may be located on lands under the
jurisdiction of the Secretary in Area I or in East
Potomac Park as depicted on the map referenced in
section 8902(2).\1\
(6) Site-specific guidelines.--The National Capital
Planning Commission and the Commission of Fine Arts may
develop such criteria or guidelines specific to each
site that are mutually agreed upon to ensure that the
design of the commemorative work carries out the
purposes of this chapter.
[(7) Donor contributions.--Donor contributions to
commemorative works shall not be acknowledged in any
manner as part of the commemorative work or its site.]
(c) Donor Contributions.--
(1) Acknowledgment of donor contribution.--Except as
otherwise provided in this subsection, the Secretary of
the Interior or Administrator of General Services, as
applicable, may permit a sponsor to acknowledge donor
contributions at the commemorative work
(2) Requirements.--An acknowledgment under paragraph
(1) shall--
(A) be displayed--
(i) inside an ancillary structure
associated with the commemorative work;
or
(ii) as part of a manmade landscape
feature at the commemorative work; and
(B) conform to applicable National Park
Service or General Services Administration
guidelines for donor recognition, as
applicable.
(3) Limitations.--An acknowledgment under paragraph
(1) shall--
(A) be limited to an appropriate statement or
credit recognizing the contribution;
(B) be displayed in a form in accordance with
National Park Service and General Services
Administration guidelines;
(C) be displayed for a period of up to 10
years, with the display period to be
commensurate with the level of the
contribution, as determined in accordance with
the plan and guidelines described in
subparagraph (B);
(D) be freestanding; and
(E) not be affixed to--
(i) any landscape feature at the
commemorative work; or
(ii) any object in a museum
collection.
(4) Cost.--The sponsor shall bear all expenses
related to the display of donor acknowledgments under
paragraph (1).
(5) Applicability.--This subsection shall apply to
any commemorative work dedicated after January 1, 2010.
* * * * * * *