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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(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 entities seeking award of a 
concession contract. 
(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. 
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(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-
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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-
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