Problems Permeate the National Park Service's Most Iconic Parks from Coast to Coast

Commercial Visitor Services - Doing Business in the National Parks is Problematic Due to the Systemic Random and Arbitrary Actions by Senior National Park Service Managers Acting in their Official Capacities

Overview
On December 17, 2008, The Washington Post reported that then President-elect Barrack Obama nominated Senator Ken Salazar as the new Secretary of the Interior,

"In response to questions, Obama said the Interior Department has been 'deeply troubled' under the Bush administration and 'too often has been seen as an appendage of commercial interests as opposed to a place where the values and interests of the American people are served.'... 'I also want an Interior Department that, very frankly, cleans up its act,' Obama said. 'There have been too many problems and too much emphasis on big-time lobbyists in Washington and not enough emphasis on what’s good for the American people, and that’s going to change under Ken Salazar.'" (emphasis added)

Unfortunately, more than three years later, the Interior Department is still "deeply troubled" under the Obama Administration and not focused on "what's good for the American people," and no where is this more prevalent than with the management of the Interior Department's National Park Service bureau, including for example, at these iconic parks: 

1. Independence National Historical Park in Pennsylvania involving the dispute between the NPS and the NPS's agent - the Independence Visitor Center Corporation with The Constitutional Walking Tour of Philadelphia
2. Grand Teton National Park in Wyoming and the Triangle X Ranch
3. National Mall and Memorial Parks in Washington, D.C. with the Tourmobile
4. Point Reyes National Seashore in California with the Drakes Bay Oyster Farm
5. Mount Rainier National Park in Washington with Rainier Mountaineering Inc.
6. Grand Canyon in Arizona with The Coca-Cola Company

While the issues vary somewhat from one unit of the National Park Service to another unit, the common denominator across all of these national parks is that the NPS's random and arbitrary actions in terms of Commercial Visitor Services have adversely impacted the economy, jobs, small businesses, visitor experience, the environment, etc. For example, in the case with The Constitutional Walking Tour, the National Park Service has successfully argued that the Gateway Visitor Center Authorization Act trumps the National Parks Omnibus Management Act of 1988 (or Concessions Act), but in in the Triangle X case, the National Park Service has argued that the Concessions Act trumps the Grand Teton National Park Act of 1950.  As detailed below, it seems that the NPS cannot have it both ways. To these ends, the NPS's actions have amplified the need for Congressional oversight to address the unfettered discretion that manifests itself in terms of vast inconsistencies in NPS's policies across the United States.

National Park Service - Noble Cause Corruption with "The Case of the Indian Trader"

"Americans have grown accustomed to hearing about scandal and corruption in government. But few people are aware that such problems exist within the National Park Service." -- Paul Berkowitz, Retired Criminal Investigator, National Park Service

Overview
In April 2011, the University of New Mexico Press published Paul D. Berkowitz's new book, "The Case of the Indian Trader: Billy Malone and the National Park Service Investigation at Hubbell Trading Post."

This is the story of Billy Malone and the end of an era. Mr. Malone lived almost his entire life on the Navajo Reservation working as an Indian trader in Arizona; the last real Indian trader to operate the historic Hubbell Trading Post. In 2004, the National Park Service (NPS) launched an investigation targeting Mr. Malone, alleging a long list of crimes that seemed similar to Al Capone's criminal capers. In 2005, Federal agent Paul Berkowitz was assigned to take over the year-and-a-half-old case. Mr. Berkowtiz's investigation uncovered serious problems with the original allegations made by the NPS, raising questions about the integrity of his NPS supervisors and colleagues as well as high-level NPS managers.  In an intriguing account of whistle-blowing, Mr. Berkowitz tells how he bypassed his chain-of-command and delivered his shocking findings directly to the Office of the Inspector General at the U.S. Department of the Interior.

National Park Service Also Erroneously Claimed in Federal Court Filings that the Long-Term Operating Agreement Between the National Park Service and the Independence Visitor Center Corporation Existed Five Months Before the Actual Agreement Was Executed

The Great Conundrum: Did the Long-Term Operating Agreement Exist Between the National Park Service and Independence Visitor Center Corporation as of November 23, 2009?

The answer is no! As of November 23, 2009, a Long-Term Cooperative Operating Agreement ("Operating Agreement") did not exist between the United States Department of the Interior - National Park Service ("NPS") and the Independence Visitor Center Corporation ("IVCC") regarding the operation of the Independence Visitor Center ("IVC") in Philadelphia. The NPS and the IVCC only entered into this Operating Agreement on April 26, 2010, "for the purposes of establishing roles and relating to the funding, operation, use and maintenance of the Independence Visitor Center..." (Operating Agreement, Page 1).

National Park Service Erroneously Claimed in Federal Court Filings that National Park Service Officials Have Never Served on the Board of Directors of the Independence Visitor Center Corporation, a Private Corporation

The Paper Trail and Money Trail Show That Senior National Park Service Managers Have Served in Their Official Capacities on the Board of Directors of the Independence Visitor Center Corporation

On November 23, 2009, Michael Levy, Margaret Hutchinson, and Viveca Parker, the United States Attorneys representing the National Park Service ("NPS") defendants in the lawsuit brought by The Constitutional Walking Tour of Philadelphia ("The Constitutional"), erroneously argued in the NPS's Motion to Dismiss filed in the U.S. District Court for the Eastern District of Pennsylvania that NPS officials do not serve, and moreover have never served, on the Independence Visitor Center Corporation's ("IVCC") Board of Directors,

"Mr. [Dennis] Reidenbach and Ms. [Cynthia] MacLeod are not IVCC board members, and never have been, but they attend board meetings as representatives of the [Independence National Historical] Park and NPS. See current IVCC Board of Directors, and page 1 of June 18, 2009 minutes of Board meeting, attached hereto." (Defs. Reply, p. 9) (emphasis added)

10th Anniversary of the National Park Service's Independence Visitor Center - Spotlight on Fact that Concessions Award Process is Followed in All Other National Parks Across the U.S., Except in Philadelphia

The Independence Visitor Center Corporation's (IVCC) Expenses Have Grown Substantially Over Time, The IVCC's Expenses Have Vastly Exceeded Congressional Budget Office Estimates, and The IVCC Has Failed Over a Prolonged Period of Time to Be Economically Self-Sufficient from Revenue Generating Activities

At the nearly 400 national parks across the country where commercial visitor services occur (i.e., Yellowstone, Yosemite), the concessions award process is followed - however, that is not the case in Philadelphia. As the National Park Service (“NPS”) and Independence Visitor Center Corporation mark the 10th anniversary of the Independence Visitor Center on November 10th, it is time for Congress and the Courts to ensure that all commercial contracts at Independence National Historical Park (“INHP”), including at the Federally owned and funded Independence Visitor Center, are issued fairly, subject to existing laws governing the NPS.

Media Alert - Summary of the Matter Pending in Front of the United States Court of Appeals for the Third Circuit: Oral Argument Scheduled for December 6, 2011

Media Alert

Who
The Constitutional Guided Walking Tours, LLC, Jonathan Bari and Leslie Bari (Plaintiffs-Appellants) vs. Independence Visitor Center Corporation, William W. Moore, National Park Service, Dennis Reidenbach, Cynthia MacLeod and Darla Sidles (Defendants-Appellees)

What
Lawsuit pending with the United States Court of Appeals for the Third Circuit (Case Documents can be found here)

When
December 6, 2011 - Oral Argument scheduled (time to be determined)

Where

Federal Court in Philadelphia, Pennsylvania with the literal and figurative backdrop of Independence National Historical Park (a unit of the NPS) featuring Independence Hall and the Liberty Bell – America’s Birthplace 

Why
This is a David v. Goliath fight between a small business - The Constitutional Walking Tour vs. the National Park Service and its agent, the Independence Visitor Center Corp. This story focuses on backroom deals, pay to play politics, crony capitalism, heavy hand of government, random and arbitrary government regulations, etc. At the nearly 400 national parks across the country where commercial visitor services occur (i.e., Yellowstone, Yosemite), the concessions award process is followed - however, that is not the case in Philadelphia.

Case Documents - In the Matter of The Constitutional Guided Walking Tours, LLC, Jonathan Bari and Leslie Bari (Plaintiffs) vs. Independence Visitor Center Corporation, William W. Moore, National Park Service, Dennis Reidenbach, Cynthia MacLeod and Darla Sidles (Defendants)

Following are the Case Documents in the Matter of The Constitutional Guided Walking Tours, LLC, Jonathan Bari and Leslie Bari (Plaintiffs) vs. Independence Visitor Center Corporation, William W. Moore, National Park Service, Dennis Reidenbach, Cynthia MacLeod and Darla Sidles (Defendants).

The Case Documents include those filed in the following Federal Courts:

• United States District Court for the Eastern District of Pennsylvania - Case Number: 2-09-cv-03083 Note: Oral Argument in the United States Court of Appeals for the Third Circuit Court in Philadelphia is scheduled for December 6, 2011.
• United States Court of Appeals for the Third Circuit Court- Case Number: 11-2146

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
 
I. COMPLAINT
Original Complaint - The Constitutional Walking Tour
July 10, 2009
The Constitutional Guided Walking Tours, LLC, Jonathan Bari and Leslie Bari (Plaintiffs) vs. Independence Visitor Center Corporation, William W. Moore, National Park Service, Dennis Reidenbach, Cynthia MacLeod and Darla Sidles (Defendants); United States District Court for the Eastern District of Pennsylvania at No. 09-cv-03083; July 10, 2009.