Bills · S. 2498 · Text
Engrossed in Senate
Confirmed from the official record
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2498 Engrossed in Senate (ES)]
<DOC>
119th CONGRESS
2d Session
S. 2498
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to extend certain leases
within units of the National Park System without opening the lease to
bidding.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park System Long-Term Lease
Investment Act''.
SEC. 2. AUTHORIZATION TO EXTEND CERTAIN LEASES.
(a) In General.--Subject to subsections (b) and (c), the Secretary
of the Interior (acting through the Director of the National Park
Service) (referred to in this Act as the ``Secretary'') may extend a
lease entered into under part 18 of title 36, Code of Federal
Regulations (as in effect on January 3, 2025), without complying with
the requirements of section 18.7, 18.8, or 18.10 of that part, if--
(1) the lessee--
(A) entered into the lease not less than 5 years
before the date on which the extension takes effect;
and
(B) is in compliance with the terms and conditions
of the lease; and
(2) the Secretary determines that extending the lease is in
the best interests of the administration of the applicable unit
of the National Park System.
(b) Requirement.--Before extending a lease under subsection (a),
the Secretary shall--
(1) publish a notice, for a period of not less than 60
days, inviting letters of interest from other qualified
entities to operate the lease on expiration;
(2) evaluate any competing letter of interest received
under paragraph (1) as compared to the terms offered, planned
capital investment, and quality of visitor services provided by
the incumbent lessee; and
(3) if the Secretary determines that a competing letter of
interest would provide better terms than the continued
operation of the incumbent lease--
(A) decline to extend the lease under subsection
(a); and
(B) in lieu of such an extension, offer the lease
for competitive bidding in accordance with sections
18.7 and 18.8 of title 36, Code of Federal Regulations
(or successor regulations).
(c) Congressional Notification Required for Certain Lease
Extensions.--In the case of a proposed lease extension under subsection
(a) for a duration of more than 10 years, the Secretary may not grant
the proposed lease extension until the date that is not less than 30
days after the date on which the Secretary submits to the Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives the proposed lease extension.
(d) Mid-term Compliance Review.--
(1) In general.--Not later than the date that is the
midpoint of the term of a lease extended under subsection (a),
the Director of the National Park Service shall prepare and
submit to the Secretary of the Interior a report evaluating the
compliance by the lessee with the terms and conditions of the
extended lease, including with respect to rent, maintenance,
insurance, and permitted-use requirements under the lease and
part 18 of title 36, Code of Federal Regulations (or successor
regulations).
(2) Review and determination.--Not later than 60 days after
receiving a report under paragraph (1), the Secretary of the
Interior shall--
(A) review the report; and
(B) based on the findings included in the report,
determine whether the lessee that is the subject of the
report remains in compliance with the terms and
conditions of the applicable extended lease.
(3) Termination for noncompliance.--If the Secretary of the
Interior determines under paragraph (2) that a lessee is not in
compliance with the terms and conditions of an extended lease
under this section, the Secretary of the Interior may--
(A) terminate the lease extension in accordance
with the termination-for-cause or default provisions
required under section 18.12(a) of title 36, Code of
Federal Regulations (or a successor regulation); and
(B) after such termination, make the applicable
property available for lease through a request for bids
or a request for proposals under section 18.7 or 18.8,
respectively, of that title (or successor regulations).
(4) Rule of construction.--Nothing in this subsection
limits any other right of the Secretary of the Interior to
terminate a lease for cause or default in accordance with the
terms of the lease or applicable law.
SEC. 3. AUTHORIZATION TO ENTER INTO LONG-TERM LEASES.
(a) In General.--Notwithstanding the second sentence of section
18.10 of title 36, Code of Federal Regulations (as in effect on January
3, 2025), the Secretary may enter into a lease under part 18 of that
title with a lease term of not more than 99 years for the redevelopment
of National Park Service property, the redevelopment costs of which are
expected to exceed $100,000,000, if the Secretary has determined that
entering into the lease is in the best financial needs and interests of
the administration of the applicable unit of the National Park System.
(b) Congressional Notification Required for Certain Leases.--In the
case of a proposed lease under subsection (a) for a duration of more
than 60 years, the Secretary may not enter into the proposed lease
until the date that is not less than 60 days after the date on which
the Secretary submits to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the House of
Representatives the proposed lease.
SEC. 4. CONFORMING REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall revise part 18 of title 36, Code of Federal
Regulations, to reflect the authority granted under sections 2 and 3.
Passed the Senate September 30, 2026.
Attest:
Secretary.
119th CONGRESS
2d Session
S. 2498
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to extend certain leases
within units of the National Park System without opening the lease to
bidding.