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appropriated funds to a State, local, or tribal government or other public 
entity, an educational institution, or a private nonprofit organization to 
carry out public purposes of a Service program is a cooperative agreement 
properly entered into under section 6305 of title 31. 
(b) COOPERATIVE RESEARCH AND TRAINING PROGRAMS.— 
(1) IN GENERAL.—To facilitate the administration of the System, 
the Secretary, under such terms and conditions as the Secretary may 
consider advisable, may— 
(A) enter into cooperative agreements with public or private 
educational institutions, States, and political subdivisions of States 
to develop adequate, coordinated, cooperative research and train-
ing programs concerning the resources of the System; and 
(B) pursuant to an agreement, accept from and make available 
to the cooperator technical and support staff, financial assistance 
for mutually agreed upon research projects, supplies and equip-
ment, facilities, and administrative services relating to cooperative 
research units that the Secretary considers appropriate. 
(2) EFFECT OF SUBSECTION.—This subsection does not waive any 
requirements for research projects that are subject to Federal procure-
ment regulations. 
(c) SALE OF PRODUCTS AND SERVICES PRODUCED IN THE CONDUCT OF 
LIVING EXHIBITS AND INTERPRETIVE DEMONSTRATIONS.—To facilitate the 
administration of the System, the Secretary, under such terms and condi-
tions as the Secretary considers advisable, may— 
(1) sell at fair market value, without regard to the requirements of 
chapters 1 to 11 of title 40 and division C (except sections 3302, 
3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 
41, products and services produced in the conduct of living exhibits and 
interpretive demonstrations in System units; 
(2) enter into contracts, including cooperative arrangements, with re-
spect to living exhibits and interpretive demonstrations in System 
units; and 
(3) credit the proceeds from those sales and contracts to the appro-
priation bearing the cost of the exhibits and demonstrations. 
(d) COOPERATIVE AGREEMENTS FOR SYSTEM UNIT NATURAL RESOURCE 
PROTECTION.— 
(1) IN GENERAL.—The Secretary may enter into cooperative agree-
ments with State, local, or tribal governments, other Federal agencies, 
other public entities, educational institutions, private nonprofit organi-
zations, or participating private landowners for the purpose of pro-
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HR 1068 IH 
tecting natural resources of System units through collaborative efforts 
on land inside and outside the System units. 
(2) TERMS AND CONDITIONS.—A cooperative agreement entered into 
under paragraph (1) shall provide clear and direct benefits to System 
unit natural resources and— 
(A) provide for— 
(i) the preservation, conservation, and restoration of coastal 
and riparian systems, watersheds, and wetlands; 
(ii) preventing, controlling, or eradicating invasive exotic 
species that are within a System unit or adjacent to a System 
unit; or 
(iii) restoration of natural resources, including native wild-
life habitat or ecosystems; 
(B) include a statement of purpose demonstrating how the 
agreement will— 
(i) enhance science-based natural resource stewardship at 
the System unit; and 
(ii) benefit the parties to the agreement; 
(C) specify any staff required and technical assistance to be pro-
vided by the Secretary or other parties to the agreement in sup-
port of activities inside and outside the System unit that will— 
(i) protect natural resources of the System unit; and 
(ii) benefit the parties to the agreement; 
(D) identify any materials, supplies, or equipment and any other 
resources that will be contributed by the parties to the agreement 
or by other Federal agencies; 
(E) describe any financial assistance to be provided by the Sec-
retary or the partners to implement the agreement; 
(F) ensure that any expenditure by the Secretary pursuant to 
the agreement is determined by the Secretary to support the pur-
poses of natural resource stewardship at a System unit; and 
(G) include such other terms and conditions as are agreed to 
by the Secretary and the other parties to the agreement. 
(3) LIMITATIONS.—The Secretary shall not use any funds associated 
with an agreement entered into under paragraph (1) for the purposes 
of land acquisition, regulatory activity, or the development, mainte-
nance, or operation of infrastructure, except for ancillary support facili-
ties that the Secretary determines to be necessary for the completion 
of projects or activities identified in the agreement. 
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§ 101703.
Cooperative management agreements 
(a) IN GENERAL.—To facilitate the administration of the System, the 
Secretary, under such terms and conditions as the Secretary considers ad-
visable, may enter into an agreement with a State or local government agen-
cy to provide for the cooperative management of the Federal and State or 
local park areas where a System unit is located adjacent to or near a State 
or local park area, and cooperative management between the Service and 
a State or local government agency of a portion of either the System unit 
or State or local park will allow for more effective and efficient management 
of the System unit and State or local park. The Secretary may not transfer 
administration responsibilities for any System unit under this paragraph. 
(b) PROVISION OF GOODS AND SERVICES.—Under a cooperative manage-
ment agreement, the Secretary may acquire from and provide to a State or 
local government agency goods and services to be used by the Secretary and 
the State or local governmental agency in the cooperative management of 
land. 
(c) ASSIGNMENT OF EMPLOYEE.—An assignment arranged by the Sec-
retary under section 3372 of title 5 of a Federal, State, or local employee 
for work on any Federal, State, or local land or an extension of the assign-
ment may be for any period of time determined by the Secretary and the 
State or local agency to be mutually beneficial. 
§ 101704. Reimbursable agreements 
(a) IN GENERAL.—In carrying out work under reimbursable agreements 
with any State, local, or tribal government, the Secretary, without regard 
to any provision of law or a regulation— 
(1) may record obligations against accounts receivable from those 
governments; and 
(2) shall credit amounts received from those governments to the ap-
propriate account. 
(b) WHEN AMOUNTS SHALL BE CREDITED.—Amounts shall be credited 
within 90 days of the date of the original request by the Service for pay-
ment. 
Chapter 1019—Concessions and 
Commercial Use Authorizations 
Subchapter I—Authority of Secretary 
Sec. 
101901.
Utility services. 
Subchapter II—Commercial Visitor Services 
101911.
Definitions. 
101912.
Findings and declaration of policy. 
101913.
Award of concession contracts. 
101914.
Term of concession contracts. 
101915.
Protection of concessioner investment. 
101916.
Reasonableness of rates and charges. 
101917.
Franchise fees. 
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101918.
Transfer or conveyance of concession contracts or leasehold surrender interests. 
101919.
National Park Service Concessions Management Advisory Board. 
101920.
Contracting for services. 
101921.
Multiple contracts within a System unit. 
101922.
Use of nonmonetary consideration in concession contracts. 
101923.
Recordkeeping requirements. 
101924.
Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian 
handicrafts. 
101925.
Commercial use authorizations. 
101926.
Regulations. 
Subchapter I—Authority of Secretary 
§ 101901. Utility services. 
To facilitate the administration of the System, the Secretary, under such 
terms and conditions as the Secretary considers advisable, may furnish, on 
a reimbursement of appropriation basis, all types of utility services to con-
cessioners, contractors, permittees, or other users of the services, within the 
System. The reimbursements for cost of the services may be credited to the 
appropriation current at the time reimbursements are received. 
Subchapter II—Commercial Visitor 
Services 
§ 101911. Definitions 
In this subchapter: 
(1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the Na-
tional Park Service Concessions Management Advisory Board estab-
lished under section 101919 of this title. 
(2) PREFERENTIAL RIGHT OF RENEWAL.—The term ‘‘preferential 
right of renewal’’ means the right of a concessioner, subject to a deter-
mination by the Secretary that the facilities or services authorized by 
a prior contract continue to be necessary and appropriate within the 
meaning of section 101912 of this title, to match the terms and condi-
tions of any competing proposal that the Secretary determines to be 
the best proposal for a proposed new concession contract that author-
izes the continuation of the facilities and services provided by the con-
cessioner under its prior contract. 
§ 101912. Findings and declaration of policy 
(a) FINDINGS.—In furtherance of section 100101(a), Congress finds that 
the preservation and conservation of System unit resources and values re-
quires that public accommodations, facilities, and services that have to be 
provided within those System units should be provided only under carefully 
controlled safeguards against unregulated and indiscriminate use, so that— 
(1) visitation will not unduly impair those resources and values; and 
(2) development of public accommodations, facilities, and services 
within System units can best be limited to locations that are consistent 
to the highest practicable degree with the preservation and conservation 
of the resources and values of the System units. 
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