(C) DEVELOPMENT OF REGULATIONS.—In developing regulations 
to implement this subchapter, the Secretary shall consider the extent 
to which plans for employment of Indians (including Native Alas-
kans) 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 con-
cession contract with anticipated annual gross receipts in excess 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 Com-
mittee on Energy and Natural Resources of the Senate. 
(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 Committees. 
(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 concessioner 
that successfully exercises a preferential right of renewal in accord-
ance with the requirements of this subchapter shall be entitled to 
award of the proposed new concession contract to which the pref-
erence 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 en-
joyable experience for visitors who otherwise may not have the 
skills and equipment to engage in that activity. 
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(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. 
(ii) WHEN ENTITLED TO PREFERENTIAL RIGHT.—An outfit-
ting and guide concessioner is entitled to a preferential right 
of renewal under this subchapter only if— 
(I) the contract with the outfitting and guide conces-
sioner does not grant the concessioner any interest, includ-
ing any leasehold surrender interest or possessory interest, 
in capital improvements on land owned by the United 
States within a System unit, other than a capital im-
provement constructed by a concessioner pursuant to the 
terms of a concession contract prior to November 13, 1998, 
or constructed or owned by a concessioner or the conces-
sioner’s predecessor before the subject land was incor-
porated into the System; 
(II) the Secretary determines that the concessioner has 
operated satisfactorily during the term of the contract (in-
cluding any extension); and 
(III) the concessioner has submitted a responsive pro-
posal for a proposed new concession contract that satisfies 
the minimum requirements established by the Secretary 
pursuant to paragraph (4). 
(C) CONTRACT WITH ESTIMATED GROSS RECEIPTS OF LESS THAN 
$500,000.—A concessioner that holds a concession contract that the 
Secretary estimates will result in gross annual receipts of less than 
$500,000 if renewed shall be entitled to a preferential right of re-
newal under this subchapter if— 
(i) the Secretary has determined that the concessioner has 
operated satisfactorily during the term of the contract (includ-
ing any extension); and 
(ii) the concessioner has submitted a responsive proposal for 
a proposed new concession contract that satisfies the minimum 
requirements established by the Secretary pursuant to para-
graph (4). 
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(9) NEW OR ADDITIONAL SERVICES.—The Secretary shall not grant a 
preferential right to a concessioner to provide new or additional services 
in a System unit. 
(10) AUTHORITY OF SECRETARY NOT LIMITED.—Nothing in this sub-
chapter shall be construed as limiting the authority of the Secretary to 
determine whether to issue a concession contract or to establish its terms 
and conditions in furtherance of the policies expressed in this subchapter. 
(11) EXCEPTIONS.—Notwithstanding this section, the Secretary may 
award, without public solicitation, the following: 
(A) TEMPORARY CONTRACT.—To avoid interruption of services to 
the public at a System unit, the Secretary may award a temporary 
concession contract or an extension of an existing concessions con-
tract for a term not to exceed 3 years, except that prior to making 
the award, the Secretary shall take all reasonable and appropriate 
steps to consider alternatives to avoid the interruption. 
(B) CONTRACT IN EXTRAORDINARY CIRCUMSTANCES.—The Sec-
retary may award a concession contract in extraordinary cir-
cumstances where compelling and equitable considerations require 
the award of a concession contract to a particular party in the pub-
lic interest. Award of a concession contract under this subparagraph 
shall not be made by the Secretary until at least 30 days after— 
(i) publication in the Federal Register of notice of the Sec-
retary’s intention to award the contract and the reasons for the 
action; and 
(ii) submission of notice to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives. 
§ 101914. Term of concession contracts 
A concession contract entered into pursuant to this subchapter shall gen-
erally be awarded for a term of 10 years or less. The Secretary may award 
a contract for a term of up to 20 years if the Secretary determines that the 
contract terms and conditions, including the required construction of capital 
improvements, warrant a longer term. 
§ 101915. Protection of concessioner investment 
(a) DEFINITIONS.—In this section: 
(1) CAPITAL IMPROVEMENT.—The term ‘‘capital improvement’’ means 
a structure, a fixture, or nonremovable equipment provided by a conces-
sioner pursuant to the terms of a concession contract and located on land 
of the United States within a System unit. 
(2) CONSUMER
PRICE
INDEX.—The term ‘‘Consumer Price Index’’ 
means— 
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(A) the ‘‘Consumer Price Index—All Urban Consumers’’ pub-
lished by the Bureau of Labor Statistics of the Department of 
Labor; or 
(B) if the Index is not published, another regularly published 
cost-of-living index approximating the Consumer Price Index. 
(b) LEASEHOLD SURRENDER INTEREST IN CAPITAL IMPROVEMENTS.—A 
concessioner that constructs a capital improvement on land owned by the 
United States within a System unit pursuant to a concession contract shall 
have a leasehold surrender interest in the capital improvement subject to the 
following terms and conditions: 
(1) IN GENERAL.—A concessioner shall have a leasehold surrender in-
terest in each capital improvement constructed by a concessioner under 
a concession contract, consisting solely of a right to compensation for the 
capital improvement to the extent of the value of the concessioner’s lease-
hold surrender interest in the capital improvement. 
(2) PLEDGE AS SECURITY.—A leasehold surrender interest may be 
pledged as security for financing of a capital improvement or the acqui-
sition of a concession contract when approved by the Secretary pursuant 
to this subchapter. 
(3) TRANSFER AND RELINQUISHMENT OR WAIVER OF INTEREST.—A 
leasehold surrender interest shall be transferred by the concessioner in 
connection with any transfer of the concession contract and may be re-
linquished or waived by the concessioner. 
(4) LIMIT ON EXTINGUISHING OR TAKING INTEREST.—A leasehold sur-
render interest shall not be extinguished by the expiration or other termi-
nation of a concession contract and may not be taken for public use ex-
cept on payment of just compensation. 
(5) VALUE OF INTEREST.—The value of a leasehold surrender interest 
in a capital improvement shall be an amount equal to the initial value 
(construction cost of the capital improvement), increased (or decreased) 
by the same percentage increase (or decrease) as the percentage increase 
(or decrease) in the Consumer Price Index, from the date of making the 
investment in the capital improvement by the concessioner to the date 
of payment of the value of the leasehold surrender interest, less deprecia-
tion of the capital improvement as evidenced by the condition and pro-
spective serviceability in comparison with a new unit of like kind. 
(6) VALUE OF INTEREST IN CERTAIN NEW CONCESSION CONTRACTS.— 
(A) HOW VALUE IS DETERMINED.—The Secretary may provide, 
in any new concession contract that the Secretary estimates will 
have a leasehold surrender interest of more than $10,000,000, that 
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the value of any leasehold surrender interest in a capital improve-
ment shall be based on— 
(i) a reduction on an annual basis, in equal portions, over 
the same number of years as the time period associated with 
the straight line depreciation of the initial value (construction 
cost of the capital improvement), as provided by applicable 
Federal income tax laws and regulations in effect on November 
12, 1998; or 
(ii) an alternative formula that is consistent with the objec-
tives of this subchapter. 
(B) WHEN
ALTERNATIVE
FORMULA
MAY
BE
USED.—The Sec-
retary may use an alternative formula under subparagraph (A)(ii) 
only if the Secretary determines, after scrutiny of the financial and 
other circumstances involved in the particular concession contract 
(including providing notice in the Federal Register and opportunity 
for comment), that the alternative formula is, compared to the 
standard method of determining value provided for in paragraph 
(5), necessary to provide a fair return to the Federal Government 
and to foster competition for the new contract by providing a rea-
sonable opportunity to make a profit under the new contract. If no 
responsive offers are received in response to a solicitation that in-
cludes the alternative formula, the concession opportunity shall be 
resolicited with the leasehold surrender interest value as described 
in paragraph (5). 
(7) INCREASE IN VALUE OF INTEREST.—Where a concessioner, pursu-
ant to the terms of a concession contract, makes a capital improvement 
to an existing capital improvement in which the concessioner has a lease-
hold surrender interest, the cost of the additional capital improvement 
shall be added to the then-current value of the concessioner’s leasehold 
surrender interest. 
(c) SPECIAL RULE FOR POSSESSORY INTEREST EXISTING BEFORE NOVEM-
BER 13, 1998.— 
(1) IN GENERAL.—A concessioner that has obtained a possessory inter-
est (as defined pursuant to the Act of October 9, 1965 (known as the Na-
tional Park Service Concessions Policy Act; Public Law 89–249, 79 Stat. 
969), as in effect on November 12, 1998) under the terms of a concession 
contract entered into before November 13, 1998, shall, on the expiration 
or termination of the concession contract, be entitled to receive compensa-
tion for the possessory interest improvements in the amount and manner 
as described by the concession contract. Where that possessory interest is 
not described in the existing concession contract, compensation of 
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possessory interest shall be determined in accordance with the laws in 
effect on November 12, 1998. 
(2) EXISTING CONCESSIONER AWARDED A NEW CONTRACT.—A conces-
sioner awarded a new concession contract to replace an existing conces-
sion contract after November 13, 1998, instead of directly receiving the 
possessory interest compensation, shall have a leasehold surrender inter-
est in its existing possessory interest improvements under the terms of 
the new concession contract and shall carry over as the initial value of 
the leasehold surrender interest (instead of construction cost) an amount 
equal to the value of the existing possessory interest as of the termination 
date of the previous concession contract. In the event of a dispute between 
the concessioner and the Secretary as to the value of the possessory inter-
est, the matter shall be resolved through binding arbitration. 
(3) NEW CONCESSIONER AWARDED A CONTRACT.—A new concessioner 
awarded a concession contract and required to pay a prior concessioner 
for possessory interest in prior improvements shall have a leasehold sur-
render interest in the prior improvements. The initial value in the lease-
hold surrender interest (instead of construction cost) shall be an amount 
equal to the value of the existing possessory interest as of the termination 
date of the previous concession contract. 
(4) DE NOVO REVIEW OF VALUE DETERMINATION.—If the Secretary, 
or either party to a value determination proceeding conducted under a 
Service concession contract issued before November 13, 1998, considers 
that the value determination decision issued pursuant to the proceeding 
misinterprets or misapplies relevant contractual requirements or their 
underlying legal authority, the Secretary or either party may seek, with-
in 180 days after the date of the decision, de novo review of the value 
determination decision by the United States Court of Federal Claims. 
The Court of Federal Claims may make an order affirming, vacating, 
modifying or correcting the determination decision. 
(d) TRANSITION TO SUCCESSOR CONCESSIONER.—On expiration or termi-
nation of a concession contract entered into after November 13, 1998, a con-
cessioner shall be entitled under the terms of the concession contract to receive 
from the United States or a successor concessioner the value of any leasehold 
surrender interest in a capital improvement as of the date of the expiration 
or termination. A successor concessioner shall have a leasehold surrender in-
terest in the capital improvement under the terms of a new concession con-
tract and the initial value of the leasehold surrender interest in the capital 
improvement (instead of construction cost) shall be the amount of money the 
new concessioner is required to pay the prior concessioner for its leasehold 
surrender interest under the terms of the prior concession contract. 
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(e) TITLE TO IMPROVEMENTS.—Title to any capital improvement con-
structed by a concessioner on land owned by the United States in a System 
unit shall be vested in the United States. 
§ 101916. Reasonableness of rates and charges 
(a) IN GENERAL.—A concession contract shall permit the concessioner to 
set reasonable and appropriate rates and charges for facilities, goods, and 
services provided to the public, subject to approval under subsection (b). 
(b) APPROVAL BY SECRETARY REQUIRED.— 
(1) FACTORS TO CONSIDER.—A concessioner’s rates and charges to the 
public shall be subject to approval by the Secretary. The approval process 
utilized by the Secretary shall be as prompt and as unburdensome to the 
concessioner as possible and shall rely on market forces to establish rea-
sonableness of rates and charges to the maximum extent practicable. The 
Secretary shall approve rates and charges that the Secretary determines 
to be reasonable and appropriate. Unless otherwise provided in the con-
cession contract, the reasonableness and appropriateness of rates and 
charges shall be determined primarily by comparison with those rates 
and charges for facilities, goods, and services of comparable character 
under similar conditions, with due consideration to the following factors 
and other factors deemed relevant by the Secretary: 
(A) Length of season. 
(B) Peakloads. 
(C) Average percentage of occupancy. 
(D) Accessibility. 
(E) Availability and costs of labor and materials. 
(F) Type of patronage. 
(2) RATES
AND
CHARGES
NOT
TO
EXCEED
MARKET
RATES
AND 
CHARGES.—Rates and charges may not exceed the market rates and 
charges for comparable facilities, goods, and services, after taking into 
account the factors referred to in paragraph (1). 
(c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 6 months 
after receiving recommendations from the Advisory Board regarding conces-
sioner rates and charges to the public, the Secretary shall implement the rec-
ommendations or report to Congress the reasons for not implementing the rec-
ommendations. 
§ 101917. Franchise fees 
(a) IN GENERAL.—A concession contract shall provide for payment to the 
Federal Government of a franchise fee or other monetary consideration as de-
termined by the Secretary, on consideration of the probable value to the con-
cessioner of the privileges granted by the particular contract involved. Prob-
able value shall be based on a reasonable opportunity for net profit in relation 
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to capital invested and the obligations of the concession contract. Consider-
ation of revenue to the United States shall be subordinate to the objectives of 
protecting and preserving System units and of providing necessary and ap-
propriate services for visitors at reasonable rates. 
(b) PROVISIONS TO BE SPECIFIED IN CONTRACT.—The amount of the fran-
chise fee or other monetary consideration paid to the United States for the 
term of the concession contract shall be specified in the concession contract 
and may be modified only to reflect extraordinary unanticipated changes 
from the conditions anticipated as of the effective date of the concession con-
tract. The Secretary shall include in concession contracts with a term of more 
than 5 years a provision that allows reconsideration of the franchise fee at 
the request of the Secretary or the concessioner in the event of extraordinary 
unanticipated changes. The provision shall provide for binding arbitration in 
the event that the Secretary and the concessioner are unable to agree on an 
adjustment to the franchise fee in those circumstances. 
(c) SPECIAL ACCOUNT IN TREASURY.— 
(1) DEPOSIT AND AVAILABILITY.—All franchise fees (and other mone-
tary consideration) paid to the United States pursuant to concession 
contracts shall be deposited in a special account established in the Treas-
ury. Twenty percent of the funds deposited in the special account shall 
be available for expenditure by the Secretary, without further appropria-
tion, to support activities throughout the System regardless of the System 
unit in which the funds were collected. The funds deposited in the special 
account shall remain available until expended. 
(2) SUBACCOUNT FOR EACH SYSTEM UNIT.—There shall be established 
within the special account a subaccount for each System unit. Each sub-
account shall be credited with 80 percent of the franchise fees (and other 
monetary consideration) collected at a single System unit under conces-
sion contracts. The funds credited to the subaccount for a System unit 
shall be available for expenditure by the Secretary, without further ap-
propriation, for use at the System unit for visitor services and for pur-
poses of funding high-priority and urgently necessary resource manage-
ment programs and operations. The funds credited to a subaccount shall 
remain available until expended. 
§ 101918. Transfer or conveyance of concession contracts or 
leasehold surrender interests 
(a) APPROVAL OF SECRETARY.—No concession contract or leasehold sur-
render interest may be transferred, assigned, sold, or otherwise conveyed or 
pledged by a concessioner without prior written notification to, and approval 
by, the Secretary. 
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(b) CONDITIONS.—The Secretary shall approve a transfer or conveyance de-
scribed 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 con-
ditions 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 indi-
rectly, 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 provided 
by the concessioner; or 
(C) result in a need for increased rates and charges to the public 
to maintain the quality of the facilities and services. 
(c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and condi-
tions 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 opportunity 
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 ap-
propriate 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 Re-
sources 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 Advisory Board 
shall be comprised of not more than 7 individuals appointed from among citi-
zens of the United States not in the employment of the Federal 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 industry 
and have both broad knowledge of hotel or food service management 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 member 
of the Advisory Board shall not be deemed to be service or employment bring-
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ing the individual within the provisions of any Federal law relating to con-
flicts of interest or otherwise imposing restrictions, requirements, or penalties 
in relation to the employment of individuals, the performance of services, or 
the payment or receipt of compensation in connection with claims, pro-
ceedings, or matters involving the United States. Service as a member of the 
Advisory Board shall not be deemed service in an appointive or elective posi-
tion 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 Advi-
sory 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 practicable, 
the Secretary shall contract with private entities to conduct or assist in 
elements of the management of the Service concession program considered 
by the Secretary to be suitable for non-Federal performance. Those man-
agement elements shall include each of the following: 
(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 Secretary 
with each of the following: 
(A) Preparation of the financial aspects of prospectuses for Serv-
ice concession contracts. 
(B) Development of guidelines for a System capital improvement 
and maintenance program for all concession occupied facilities. 
(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, tak-
ing 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 section 
shall diminish the governmental responsibilities and authority of the Sec-
retary to administer concession contracts and activities pursuant to this sub-
chapter and section 100101(a), chapter 1003, and sections 100751(a), 100752, 
100753, and 102101 of this title. The Secretary reserves the right to make the 
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final decision or contract approval on contracting services dealing with the 
management 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 simi-
lar services at the same approximate location or resource within a System 
unit, the Secretary shall establish a comparable franchise fee structure for 
those contracts or similar contracts, except that the terms and conditions 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 contract 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 determine 
that all terms of a concession contract have been and are being faithfully per-
formed. 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 concession 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 exam-
ine 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 ap-
propriate 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 ex-
empt from any franchise fee payments under this subchapter. 
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§ 101925. 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 pro-
vide services to visitors to System units through a commercial use authoriza-
tion. A commercial use authorization shall not be considered to be a conces-
sion 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 Secretary 
shall— 
(A) require payment of a reasonable fee for issuance of a commer-
cial use authorization, the fees to remain available without further 
appropriation to be used, at a minimum, to recover associated man-
agement 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 appropriate 
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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(1) commercial operations with annual gross receipts of not more than 
$25,000 resulting from services originating and provided solely within 
a System unit pursuant to the commercial use authorization; 
(2) the incidental use of resources of the System unit by commercial 
operations that provide services originating and terminating outside the 
boundaries of the System unit; or 
(3)(A) uses by organized children’s camps, outdoor clubs, and non-
profit institutions (including back country use); and 
(B) other uses, as the Secretary determines to be appropriate. 
(d) NONPROFIT INSTITUTIONS.—Nonprofit institutions are not required to 
obtain commercial use authorizations unless taxable income is derived by the 
institution from the authorized use. 
(e) PROHIBITION
ON CONSTRUCTION.—A commercial use authorization 
shall not provide for the construction of any structure, fixture, or improve-
ment on federally-owned land within the boundaries of a System unit. 
(f) DURATION.—The term of any commercial use authorization shall not 
exceed 2 years. No preferential right of renewal or similar provisions for re-
newal shall be granted by the Secretary. 
(g) OTHER CONTRACTS.—A person, corporation, or other entity seeking or 
obtaining a commercial use authorization shall not be precluded from submit-
ting a proposal for concession contracts. 
§ 101926. Regulations 
(a) IN GENERAL.—The Secretary shall prescribe regulations appropriate 
for the implementation of this subchapter. 
(b) CONTENTS.—The regulations— 
(1) shall include appropriate provisions to ensure that concession serv-
ices and facilities to be provided in a System unit are not segmented 
or otherwise split into separate concession contracts for the purposes of 
seeking to reduce anticipated annual gross receipts of a concession con-
tract below $500,000; and 
(2) shall further define the term ‘‘United States Indian, Alaskan Na-
tive, and Native Hawaiian handicrafts’’ for the purposes of this sub-
chapter. 
Chapter 1021—Privileges and Leases 
Sec. 
102101.
General provisions. 
102102.
Authority of Secretary to enter into lease for buildings and associated property. 
§ 102101. General provisions 
(a) LIMITATION.— 
(1) NO LEASE OR GRANT OF A PRIVILEGE THAT INTERFERES WITH 
FREE ACCESS.—No natural curiosity, wonder, or object of interest shall 
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