to the highest practicable degree with the preservation and conservation 
of the resources and values of the System units. 
(b) DECLARATION OF POLICY.—It is the policy of Congress that the de-
velopment of public accommodations, facilities, and services in System units 
shall be limited to accommodations, facilities, and services that— 
(1) are necessary and appropriate for public use and enjoyment of 
the System unit in which they are located; and 
(2) are consistent to the highest practicable degree with the preser-
vation and conservation of the resources and values of the System unit. 
§ 101913. Award of concession contracts 
In furtherance of the findings and policy stated in section 101912 of this 
title, and except as provided by this subchapter or otherwise authorized by 
law, the Secretary shall utilize concession contracts to authorize a person, 
corporation, or other entity to provide accommodations, facilities, and serv-
ices to visitors to System units. Concession contracts shall be awarded as 
follows: 
(1) COMPETITIVE SELECTION PROCESS.—Except as otherwise pro-
vided in this section, all proposed concession contracts shall be awarded 
by the Secretary to the person, corporation, or other entity submitting 
the best proposal, as determined by the Secretary through a competi-
tive selection process. The competitive process shall include simplified 
procedures for small, individually-owned concession contractors. 
(2) SOLICITATION OF PROPOSALS.—Except as otherwise provided in 
this section, prior to awarding a new concession contract (including re-
newals or extensions of existing concession contracts) the Secretary— 
(A) shall publicly solicit proposals for the concession contract; 
and 
(B) in connection with the solicitation, shall— 
(i) prepare a prospectus and publish notice of its avail-
ability at least once in local or national newspapers or trade 
publications, by electronic means, or both, as appropriate; and 
(ii) make the prospectus available on request to all inter-
ested persons. 
(3) INFORMATION
TO
BE
INCLUDED
IN
PROSPECTUS.—The pro-
spectus shall include the following information: 
(A) The minimum requirements for the contract as set forth in 
paragraph (4). 
(B) The terms and conditions of any existing concession con-
tract relating to the services and facilities to be provided, including 
all fees and other forms of compensation provided to the United 
States by the concessioner. 
VerDate Mar 15 2010 
21:07 Sep 23, 2010
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6221
E:\BILLS\H6161.IH
H6161
hsrobinson on DSK69SOYB1PROD with BILLS
(C) Other authorized facilities or services that may be provided 
in a proposal. 
(D) Facilities and services to be provided by the Secretary to 
the concessioner, including public access, utilities, and buildings. 
(E) An estimate of the amount of compensation due an existing 
concessioner from a new concessioner under the terms of a prior 
concession contract. 
(F) A statement as to the weight to be given to each selection 
factor identified in the prospectus and the relative importance of 
those factors in the selection process. 
(G) Other information related to the proposed concession oper-
ation that is provided to the Secretary pursuant to a concession 
contract or is otherwise available to the Secretary, as the Sec-
retary determines is necessary to allow for the submission of com-
petitive proposals. 
(H) Where applicable, a description of a preferential right to 
the renewal of the proposed concession contract held by an exist-
ing concessioner as set forth in paragraph (7). 
(4) CONSIDERATION OF PROPOSALS.— 
(A) MINIMUM REQUIREMENTS.—No proposal shall be consid-
ered that fails to meet the minimum requirements as determined 
by the Secretary. The minimum requirements shall include the fol-
lowing: 
(i) The minimum acceptable franchise fee or other forms 
of consideration to the Federal Government. 
(ii) Any facilities, services, or capital investment required 
to be provided by the concessioner. 
(iii) Measures necessary to ensure the protection, conserva-
tion, and preservation of resources of the System unit. 
(B) REJECTION OF PROPOSAL.—The Secretary shall reject any 
proposal, regardless of the franchise fee offered, if the Secretary 
determines that— 
(i) the person, corporation, or entity is not qualified or is 
not likely to provide satisfactory service; or 
(ii) the proposal is not responsive to the objectives of pro-
tecting and preserving resources of the System unit and of 
providing necessary and appropriate facilities and services to 
the public at reasonable rates. 
(C) ALL PROPOSALS FAIL TO MEET MIMIMUM REQUIREMENTS 
OR ARE REJECTED.—If all proposals submitted to the Secretary 
fail to meet the minimum requirements or are rejected by the Sec-
VerDate Mar 15 2010 
21:07 Sep 23, 2010
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6221
E:\BILLS\H6161.IH
H6161
hsrobinson on DSK69SOYB1PROD with BILLS
retary, the Secretary shall establish new minimum contract re-
quirements and re-initiate the competitive selection process pursu-
ant to this section. 
(D) TERMS AND CONDITIONS MATERIALLY AMENDED OR NOT 
INCORPORATED IN CONTRACT.—The Secretary may not execute a 
concession contract that materially amends or does not incorporate 
the proposed terms and conditions of the concession contract as 
set forth in the applicable prospectus. If proposed material amend-
ments or changes are considered appropriate by the Secretary, the 
Secretary shall resolicit offers for the concession contract incor-
porating the material amendments or changes. 
(5) SELECTION OF THE BEST PROPOSAL.— 
(A) FACTORS IN SELECTION.—In selecting the best proposal, 
the Secretary shall consider the following principal factors: 
(i) The responsiveness of the proposal to the objectives of 
protecting, conserving, and preserving resources of the Sys-
tem unit and of providing necessary and appropriate facilities 
and services to the public at reasonable rates. 
(ii) The experience and related background of the person, 
corporation, or entity submitting the proposal, including the 
past performance and expertise of the person, corporation or 
entity in providing the same or similar facilities or services. 
(iii) The financial capability of the person, corporation, or 
entity submitting the proposal. 
(iv) The proposed franchise fee, except that consideration 
of revenue to the United States shall be subordinate to the 
objectives of protecting, conserving, and preserving resources 
of the System unit and of providing necessary and appro-
priate facilities to the public at reasonable rates. 
(B) SECONDARY FACTORS.—The Secretary may also consider 
such secondary factors as the Secretary considers appropriate. 
(C) DEVELOPMENT OF REGULATIONS.—In developing regula-
tions to implement this subchapter, the Secretary shall consider 
the extent to which plans for employment of Indians (including 
Native Alaskans) and involvement of businesses owned by Indians, 
Indian tribes, or Native Alaskans in the operation of a concession 
contract should be identified as a factor in the selection of a best 
proposal under this section. 
(6) CONGRESSIONAL NOTIFICATION.— 
(A) IN GENERAL.—The Secretary shall submit any proposed 
concession contract with anticipated annual gross receipts in ex-
VerDate Mar 15 2010 
21:07 Sep 23, 2010
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6221
E:\BILLS\H6161.IH
H6161
hsrobinson on DSK69SOYB1PROD with BILLS
cess of $5,000,000 or a duration of more than 10 years to the 
Committee on Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the Sen-
ate. 
(B) WAITING PERIOD.—The Secretary shall not award any pro-
posed concession contract to which subparagraph (A) applies until 
at least 60 days subsequent to the notification of both Commit-
tees. 
(7) PREFERENTIAL RIGHT OF RENEWAL.— 
(A) IN GENERAL.—Except as provided in subparagraph (B), the 
Secretary shall not grant a concessioner a preferential right to 
renew a concession contract, or any other form of preference to 
a concession contract. 
(B) EXCEPTION.—The Secretary shall grant a preferential right 
of renewal to an existing concessioner with respect to proposed re-
newals of the categories of concession contracts described by para-
graph (8), subject to the requirements of that paragraph. 
(C) ENTITLEMENT TO AWARD OF NEW CONTRACT.—A conces-
sioner that successfully exercises a preferential right of renewal in 
accordance with the requirements of this subchapter shall be enti-
tled to award of the proposed new concession contract to which 
the preference applies. 
(8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.— 
(A) APPLICATION.—Paragraph (7) shall apply only to the fol-
lowing: 
(i) Subject to subparagraph (B), concession contracts that 
solely authorize the provision of specialized backcountry out-
door recreation guide services that require the employment of 
specially trained and experienced guides to accompany System 
unit visitors in the backcountry so as to provide a safe and 
enjoyable experience for visitors who otherwise may not have 
the skills and equipment to engage in that activity. 
(ii) Subject to subparagraph (C), concession contracts with 
anticipated annual gross receipts under $500,000. 
(B) OUTFITTING AND GUIDE CONCESSIONERS.— 
(i) DESCRIPTION.—Outfitting and guide concessioners, 
where otherwise qualified, include concessioners that provide 
guided river running, hunting, fishing, horseback, camping, 
and mountaineering experiences. 
VerDate Mar 15 2010 
21:07 Sep 23, 2010
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6221
E:\BILLS\H6161.IH
H6161
hsrobinson on DSK69SOYB1PROD with BILLS