(C) The nature and scope of products that qualify as Indian, 
Alaska Native, and Native Hawaiian handicrafts within the mean-
ing of this subchapter. 
(D) The allocation of concession fees. 
(3) ANNUAL REPORT.—The Advisory Board shall provide an annual 
report on its activities to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate. 
(c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory Board 
shall be appointed on a staggered basis by the Secretary for a term not to 
exceed 4 years and shall serve at the pleasure of the Secretary. The Advi-
sory Board shall be comprised of not more than 7 individuals appointed 
from among citizens of the United States not in the employment of the Fed-
eral Government and not in the employment of or having an interest in a 
Service concession. Of the 7 members of the Advisory Board— 
(1) one member shall be privately employed in the hospitality indus-
try and have both broad knowledge of hotel or food service manage-
ment and experience in the parks and recreation concession business; 
(2) one member shall be privately employed in the tourism industry; 
(3) one member shall be privately employed in the accounting indus-
try; 
(4) one member shall be privately employed in the outfitting and 
guide industry; 
(5) one member shall be a State government employee with expertise 
in park concession management; 
(6) one member shall be active in promotion of traditional arts and 
crafts; and 
(7) one member shall be active in a nonprofit conservation organiza-
tion involved in parks and recreation programs. 
(d) SERVICE ON ADVISORY BOARD.—Service of an individual as a mem-
ber of the Advisory Board shall not be deemed to be service or employment 
bringing the individual within the provisions of any Federal law relating to 
conflicts of interest or otherwise imposing restrictions, requirements, or pen-
alties in relation to the employment of individuals, the performance of serv-
ices, or the payment or receipt of compensation in connection with claims, 
proceedings, or matters involving the United States. Service as a member 
of the Advisory Board shall not be deemed service in an appointive or elec-
tive position in the Federal Government for purposes of section 8344 of title 
5 or other comparable provisions of Federal law. 
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(e) TERMINATION.—The Advisory Board shall continue to exist until De-
cember 31, 2009. In all other respects, it shall be subject to the Federal 
Advisory Committee Act (5 U.S.C. App.). 
§ 101920. Contracting for services 
(a) CONTRACTING AUTHORIZED.— 
(1) MANAGEMENT ELEMENTS FOR WHICH CONTRACT REQUIRED.— 
To the maximum extent practicable, the Secretary shall contract with 
private entities to conduct or assist in elements of the management of 
the Service concessions program considered by the Secretary to be suit-
able for non-Federal performance. Those management elements shall 
include each of the following: 
(A) Health and safety inspections. 
(B) Quality control of concessions operations and facilities. 
(C) Strategic capital planning for concessions facilities. 
(D) Analysis of rates and charges to the public. 
(2) MANAGEMENT ELEMENTS FOR WHICH CONTRACT ALLOWED.— 
The Secretary may also contract with private entities to assist the Sec-
retary with each of the following: 
(A) Preparation of the financial aspects of prospectuses for 
Service concession contracts. 
(B) Development of guidelines for a System capital improve-
ment and maintenance program for all concession occupied facili-
ties. 
(C) Making recommendations to the Director regarding the con-
duct of annual audits of concession fee expenditures. 
(b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall consider, 
taking into account the recommendations of the Advisory Board, contracting 
out other elements of the concessions management program, as appropriate. 
(c) AUTHORITY OF SECRETARY NOT DIMINISHED.—Nothing in this sec-
tion shall diminish the governmental responsibilities and authority of the 
Secretary to administer concession contracts and activities pursuant to this 
subchapter and chapter 1003 and sections 100901(a), 100906, 102101, and 
102102 of this title. The Secretary reserves the right to make the final deci-
sion or contract approval on contracting services dealing with the manage-
ment of the Service concessions program under this section. 
§ 101921. Multiple contracts within a System unit 
If multiple concession contracts are awarded to authorize concessioners 
to provide the same or similar outfitting, guiding, river running, or other 
similar services at the same approximate location or resource within a Sys-
tem unit, the Secretary shall establish a comparable franchise fee structure 
for those contracts or similar contracts, except that the terms and condi-
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tions of any existing concession contract shall not be subject to modification 
or open to renegotiation by the Secretary because of an award of a new con-
tract at the same approximate location or resource. 
§ 101922. Special rule for service contract to provide trans-
portation services 
Notwithstanding any other provision of law, a service contract entered 
into by the Secretary for the provision solely of transportation services in 
a System unit shall be not more than 10 years in length, including a base 
period of 5 years and an annual extension for an additional 5-year period 
based on satisfactory performance and approval by the Secretary. 
§ 101923. Use of nonmonetary consideration in concession 
contracts 
Section 1302 of title 40 shall not apply to concession contracts awarded 
by the Secretary pursuant to this subchapter. 
§ 101924. Recordkeeping requirements 
(a) IN GENERAL.—A concessioner and any subconcessioner shall keep 
such records as the Secretary may prescribe to enable the Secretary to de-
termine that all terms of a concession contract have been and are being 
faithfully performed. The Secretary and any authorized representative of the 
Secretary shall, for the purpose of audit and examination, have access to 
those records and to other records of the concessioner or subconcessioner 
pertinent to the concession contract and all terms and conditions of the con-
cession contract. 
(b) ACCESS TO RECORDS BY COMPTROLLER GENERAL.—The Comptroller 
General and any authorized representative of the Comptroller General shall, 
until the expiration of 5 calendar years after the close of the business year 
of each concessioner or subconcessioner, have access to and the right to ex-
amine any pertinent records described in subsection (a) of the concessioner 
or subconcessioner related to the contract involved. 
§ 101925. Promotion of sale of Indian, Alaska Native, Native 
Samoan, and Native Hawaiian handicrafts 
(a) IN GENERAL.—Promoting the sale of authentic United States Indian, 
Alaskan Native, Native Samoan, and Native Hawaiian handicrafts relating 
to the cultural, historical, and geographic characteristics of System units is 
encouraged, and the Secretary shall ensure that there is a continuing effort 
to enhance the handicraft trade where it exists and establish the trade in 
appropriate areas where the trade does not exist. 
(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. 
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§ 101926. 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-
priate visitor services, and protection and proper management of 
System unit resources and values. 
(c) LIMITATIONS.—Any commercial use authorization shall be limited 
to— 
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