(b) EXEMPTION FROM FRANCHISE FEE.—In furtherance of the purposes 
of subsection (a), the revenue derived from the sale of United States Indian, 
Alaska Native, Native Samoan, and Native Hawaiian handicrafts shall be 
exempt from any franchise fee payments under this subchapter. 
§ 101925. Commercial use authorizations 
(a) IN GENERAL.—To the extent specified in this section, the Secretary, 
on request, may authorize a private person, corporation, or other entity to 
provide services to visitors to System units through a commercial use au-
thorization. A commercial use authorization shall not be considered to be 
a concession contract under this subchapter and no other section of this 
subchapter shall be applicable to a commercial use authorization except 
where expressly stated. 
(b) CRITERIA FOR ISSUANCE OF COMMERCIAL USE AUTHORIZATIONS.— 
(1) REQUIRED DETERMINATIONS.—The authority of this section may 
be used only to authorize provision of services that the Secretary deter-
mines— 
(A) will have minimal impact on resources and values of a Sys-
tem unit; and 
(B) are consistent with the purpose for which the System unit 
was established and with all applicable management plans and 
Service policies and regulations. 
(2) ELEMENTS OF COMMERCIAL USE AUTHORIZATION.—The Sec-
retary shall— 
(A) require payment of a reasonable fee for issuance of a com-
mercial use authorization, the fees to remain available without fur-
ther appropriation to be used, at a minimum, to recover associated 
management and administrative costs; 
(B) require that the provision of services under a commercial 
use authorization be accomplished in a manner consistent to the 
highest practicable degree with the preservation and conservation 
of System unit resources and values; 
(C) take appropriate steps to limit the liability of the United 
States arising from the provision of services under a commercial 
use authorization; 
(D) have no authority under this section to issue more commer-
cial use authorizations than are consistent with the preservation 
and proper management of System unit resources and values; and 
(E) shall establish other conditions for issuance of a commercial 
use authorization that the Secretary determines to be appropriate 
for the protection of visitors, provision of adequate and appro-
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priate visitor services, and protection and proper management of 
System unit resources and values. 
(c) LIMITATIONS.—Any commercial use authorization shall be limited 
to— 
(1) commercial operations with annual gross receipts of not more 
than $25,000 resulting from services originating and provided solely 
within a System unit pursuant to the commercial use authorization; 
(2) the incidental use of resources of the System unit by commercial 
operations that provide services originating and terminating outside the 
boundaries of the System unit; or 
(3)(A) uses by organized children’s camps, outdoor clubs, and non-
profit institutions (including back country use); and 
(B) other uses, as the Secretary determines to be appropriate. 
(d) NONPROFIT INSTITUTIONS.—Nonprofit institutions are not required 
to obtain commercial use authorizations unless taxable income is derived by 
the institution from the authorized use. 
(e) PROHIBITION ON CONSTRUCTION.—A commercial use authorization 
shall not provide for the construction of any structure, fixture, or improve-
ment on federally-owned land within the boundaries of a System unit. 
(f) DURATION.—The term of any commercial use authorization shall not 
exceed 2 years. No preferential right of renewal or similar provisions for re-
newal shall be granted by the Secretary. 
(g) OTHER CONTRACTS.—A person, corporation, or other entity seeking 
or obtaining a commercial use authorization shall not be precluded from 
submitting a proposal for concession contracts. 
§ 101926. Regulations 
(a) IN GENERAL.—The Secretary shall prescribe regulations appropriate 
for the implementation of this subchapter. 
(b) CONTENTS.—The regulations— 
(1) shall include appropriate provisions to ensure that concession 
services and facilities to be provided in a System unit are not seg-
mented or otherwise split into separate concession contracts for the 
purposes of seeking to reduce anticipated annual gross receipts of a 
concession contract below $500,000; and 
(2) shall further define the term ‘‘United States Indian, Alaskan Na-
tive, and Native Hawaiian handicrafts’’ for the purposes of this sub-
chapter. 
Chapter 1021—Privileges and Leases 
Sec. 
102101.
General provisions. 
102102.
Authority of Secretary to enter into lease for buildings and associated property. 
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§ 102101. General provisions 
(a) LIMITATION.— 
(1) NO LEASE OR GRANT OF A PRIVILEGE THAT INTERFERES WITH 
FREE ACCESS.—No natural curiosity, wonder, or object of interest shall 
be leased or granted to anyone on such terms as to interfere with free 
access by the public to any System unit. 
(2) EXCEPTION FOR GRAZING LIVESTOCK.—The Secretary, under 
such regulations and on such terms as the Secretary may prescribe, 
may grant the privilege to graze livestock within a System unit when, 
in the Secretary’s judgment, the use is not detrimental to the primary 
purpose for which the System unit was created. This paragraph does 
not apply to Yellowstone National Park. 
(b) ADVERTISING AND COMPETITIVE BIDS NOT REQUIRED.—The Sec-
retary may grant privileges and enter into leases described in subsection (a), 
and enter into related contracts with responsible persons, firms, or corpora-
tions, without advertising and without securing competitive bids. 
(c) ASSIGNMENT OR TRANSFER.— No contract, lease, or privilege de-
scribed in subsection (a) or (b) that is entered into or granted shall be as-
signed or transferred by the grantee, lessee, or licensee without the prior 
written approval of the Secretary. 
§ 102102. Authority of Secretary to enter into lease for 
buildings and associated property 
(a) IN GENERAL.—To facilitate the administration of the System, the 
Secretary, under such terms and conditions as the Secretary may consider 
advisable, and except as provided in subsection (b) and subject to subsection 
(c), may enter into a lease with any person or government entity for the 
use of buildings and associated property administered by the Secretary as 
part of the System. 
(b) PROHIBITED ACTIVITIES.—The Secretary may not use a lease under 
subsection (a) to authorize the lessee to engage in activities that are subject 
to authorization by the Secretary through a concession contract, commercial 
use authorization, or similar instrument. 
(c) USE.—Buildings and associated property leased under subsection 
(a)— 
(1) shall be used for an activity that is consistent with the purposes 
established by law for the System unit in which the building is located; 
(2) shall not result in degradation of the purposes and values of the 
System unit; and 
(3) shall be compatible with Service programs. 
(d) RENTAL AMOUNTS.— 
(1) IN GENERAL.—With respect to a lease under subsection (a)— 
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(A) payment of fair market value rental shall be required; and 
(B) section 1302 of title 40 shall not apply. 
(2) ADJUSTMENT.—The Secretary may adjust the rental amount as 
appropriate to take into account any amounts to be expended by the 
lessee for preservation, maintenance, restoration, improvement, or re-
pair and related expenses. 
(e) SPECIAL ACCOUNT.— 
(1) DEPOSITS.—Rental payments under a lease under subsection (a) 
shall be deposited in a special account in the Treasury. 
(2) AVAILABILITY.—Amounts in the special account shall be avail-
able until expended, without further appropriation, for infrastructure 
needs at System units, including— 
(A) facility refurbishment; 
(B) repair and replacement; 
(C) infrastructure projects associated with System unit resource 
protection; and 
(D) direct maintenance of the leased buildings and associated 
property. 
(3) ACCOUNTABILITY AND RESULTS.—The Secretary shall develop 
procedures for the use of the special account that ensure accountability 
and demonstrated results consistent with this section and sections 
100101(b), 100502, 100507, 100751(b), 100754, 100901(b) and (c), 
100906(a) and (d), 101302(b)(1) and (c) to (e), 101306, 101702(b) 
and (c), 101901, 102701, and 102702 of this title. 
(f) REGULATIONS.—The Secretary shall prescribe regulations imple-
menting this section that include provisions to encourage and facilitate com-
petition in the leasing process and provide for timely and adequate public 
comment. 
Chapter 1023—Programs and 
Organizations 
Sec. 
102301.
Volunteers in parks program. 
102302.
National Capital region arts and cultural affairs. 
102303.
National Park System Advisory Board. 
102304.
National Park Service Advisory Council. 
§ 102301. Volunteers in parks program 
(a) ESTABLISHMENT.—The Secretary may recruit, train, and accept, 
without regard to chapter 51 and subchapter III of chapter 53 of title 5 
or regulations prescribed under that chapter or subchapter, the services of 
individuals without compensation as volunteers for or in aid of interpretive 
functions or other visitor services or activities in and related to System units 
and related areas. In accepting those services, the Secretary shall not permit 
the use of volunteers in hazardous duty or law enforcement work or in pol-
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