pledged by a concessioner without prior written notification to, and approval 
by, the Secretary. 
(b) CONDITIONS.—The Secretary shall approve a transfer or conveyance 
described in subsection (a) unless the Secretary finds that— 
(1) the individual, corporation, or other entity seeking to acquire a 
concession contract is not qualified or able to satisfy the terms and 
conditions of the concession contract; 
(2) the transfer or conveyance would have an adverse impact on— 
(A) the protection, conservation, or preservation of the resources 
of the System unit; or 
(B) the provision of necessary and appropriate facilities and 
services to visitors at reasonable rates and charges; and 
(3) the terms of the transfer or conveyance are likely, directly or in-
directly, to— 
(A) reduce the concessioner’s opportunity for a reasonable profit 
over the remaining term of the concession contract; 
(B) adversely affect the quality of facilities and services pro-
vided by the concessioner; or 
(C) result in a need for increased rates and charges to the pub-
lic to maintain the quality of the facilities and services. 
(c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and con-
ditions of any concession contract under this section shall not be subject to 
modification or open to renegotiation by the Secretary because of a transfer 
or conveyance described in subsection (a) unless the transfer or conveyance 
would have an adverse impact as described in subsection (b)(2). 
§ 101919. National Park Service Concessions Management 
Advisory Board 
(a) ESTABLISHMENT AND PURPOSE.—There is a National Park Service 
Concessions Management Advisory Board whose purpose shall be to advise 
the Secretary and Service on matters relating to management of concessions 
in the System. 
(b) DUTIES.— 
(1) ADVICE.—The Advisory Board shall advise on each of the fol-
lowing: 
(A) Policies and procedures intended to ensure that services and 
facilities provided by concessioners— 
(i) are necessary and appropriate; 
(ii) meet acceptable standards at reasonable rates with a 
minimum of impact on System unit resources and values; and 
(iii) provide the concessioners with a reasonable oppor-
tunity to make a profit. 
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(B) Ways to make Service concession programs and procedures 
more cost effective, more process efficient, less burdensome, and 
timelier. 
(2) RECOMMENDATIONS.—The Advisory Board shall make rec-
ommendations to the Secretary regarding each of the following: 
(A) The Service contracting with the private sector to conduct 
appropriate elements of concession management. 
(B) Ways to make the review or approval of concessioner rates 
and charges to the public more efficient, less burdensome, and 
timelier. 
(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 
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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. 
(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 
MAXIMUM
EXTENT
PRACTICABLE.—To the maximum extent prac-
ticable, the Secretary shall contract with private entities to conduct or 
assist in elements of the management of the Service concession pro-
gram considered by the Secretary to be suitable for non-Federal per-
formance. Those management elements shall include each of the fol-
lowing: 
(A) Health and safety inspections. 
(B) Quality control of concession operations and facilities. 
(C) Strategic capital planning for concession 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 section 100101(a), chapter 1003, and sections 100751(a), 
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100752, 100753, and 102101 of this title. The Secretary reserves the right 
to make the final decision or contract approval on contracting services deal-
ing with the management of the Service concessions program under this sec-
tion. 
§ 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-
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. 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. 
§ 101923. 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. 
§ 101924. 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. 
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