SEC. 13. RATES AND CHARGES TO PUBLIC.
The reasonableness of a concessioner’s rates and
charges to the public shall, unless otherwise provided in
the bid specifications and contract, be judged primarily
by comparison with those rates and charges for facilities
and services of comparable character under similar condi-
tions, with due consideration for length of season, seasonal
variance, average percentage of occupancy, accessibility,
availability and costs of labor and materials, type of pa-
tronage, and other factors deemed significant by the Sec-
retary.
SEC. 14. CONCESSIONER PERFORMANCE EVALUATION.
(a) REGULATIONS.—As soon as practicable after the
date of enactment of this Act, the Secretary shall publish,
after an appropriate period for public comment, regula-
tions establishing standards and criteria for evaluating the
performance of concessions operating within parks.
(b) PERIODIC EVALUATION.—(1) The Secretary shall
periodically conduct an evaluation of each concessioner op-
erating under a concession contract pursuant to this Act,
as appropriate, to determine whether such concessioner
has performed satisfactorily. In evaluating a conces-
sioner’s performance, the Secretary shall seek and con-
sider applicable reports and comments from appropriate
Federal, State, and local regulatory agencies, and shall
seek and consider the applicable views of park visitors and
concession customers. If the Secretary’s performance eval-
uation results in an unsatisfactory rating of the conces-
sioner’s overall operation, the Secretary shall provide the
concessioner with a list of the minimum requirements nec-
essary for the operation to be rated satisfactory, and shall
so notify the concessioner in writing.
(2) The Secretary may terminate a concession con-
tract if the concessioner fails to meet the minimum oper-
ational requirements identified by the Secretary within the
time limitations established by the Secretary at the time
notice of the unsatisfactory rating is provided to the con-
cessioner.
(3) If the Secretary terminates a concession contract
pursuant to this section, the Secretary shall solicit propos-
als for a new contract consistent with the provisions of
this Act.
SEC. 15. RECORDKEEPING REQUIREMENTS.
(a) IN GENERAL.—Each concessioner shall keep such
records as the Secretary may prescribe to enable the Sec-
retary to determine that all terms of the concessioner’s
contract have been, and are being faithfully performed,
and the Secretary or any of the Secretary’s duly author-
ized representatives shall, for the purpose of audit and ex-
amination, have access to such records and to other books,
documents, and papers of the concessioner pertinent to the
contract and all the terms and conditions thereof as the
Secretary deems necessary.
(b) GENERAL ACCOUNTING OFFICE REVIEW.—The
Comptroller General of the United States or any of his
or her duly authorized representatives shall, until the expi-
ration of five calendar years after the close of the business
year for each concessioner, have access to and the right
to examine any pertinent books, documents, papers, and
records of the concessioner related to the contracts or con-
tracts involved.
SEC. 16. EXEMPTION FROM CERTAIN LEASE REQUIRE-
MENTS.
The provisions of section 321 of the Act of June 30,
1932 (47 Stat. 412; 40 U.S.C. 303b), relating to the leas-
ing of buildings and properties of the United States, shall
not apply to contracts awarded by the Secretary pursuant
to this Act.
SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as
may be necessary to carry out this Act.
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