dreamproit/uscode huggingface dataset:
16 U.S.C. § 5912 (CONSERVATION)
§ 5912. National Park Service employee training
The Secretary shall develop a comprehensive training program for employees in all professional careers in the work force of the National Park Service for the purpose of assuring that the work force has available the best, up-to-date knowledge, skills and abilities with which to manage, interpret and protect the resources of the National Park System.
(Pub. L. 105–391, title I, § 102, Nov. 13, 1998, 112 Stat. 3498.)
16 U.S.C. § 5913 (CONSERVATION)
§ 5913. Management development and training
Within 2 years after November 13, 1998, the Secretary shall develop a clear plan for management training and development, whereby career, professional National Park Service employees from any appropriate academic field may obtain sufficient training, experience, and advancement opportunity to enable those qualified to move into park management positions, including explicitly the position of superintendent of a unit of the National Park System.
(Pub. L. 105–391, title I, § 103, Nov. 13, 1998, 112 Stat. 3498.)
16 U.S.C. § 5914 (CONSERVATION)
§ 5914. Park budgets and accountability
(a) Strategic and performance plans for each unit
Each unit of the National Park System shall prepare and make available to the public a 5-year strategic plan and an annual performance plan. Such plans shall reflect the National Park Service policies, goals, and outcomes represented in the Service-wide Strategic Plan, prepared pursuant to the provisions of the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285).
(b) Annual budget for each unit
As a part of the annual performance plan for a unit of the National Park System prepared pursuant to subsection (a) of this section, following receipt of the appropriation for the unit from the Operations of the National Park System account (but no later than January 1 of each year), the superintendent of the unit shall develop and make available to the public the budget for the current fiscal year for that unit. The budget shall include, at a minimum, funding allocations for resource preservation (including resource management), visitor services (including maintenance, interpretation, law enforcement, and search and rescue) and administration. The budget shall also include allocations into each of the above categories of all funds retained from fees collected for that year, including (but not limited to) special use permits, concession franchise fees, and recreation use and entrance fees.
(Pub. L. 105–391, title I, § 104, Nov. 13, 1998, 112 Stat. 3499.)
heading: References in Text
text: The Government Performance and Results Act of 1993, referred to in subsec. (a), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, section 306 of Title 5, Government Organization and Employees, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.
16 U.S.C. § 5931 (CONSERVATION)
§ 5931. Purposes
The purposes of this subchapter are—
(1) to more effectively achieve the mission of the National Park Service;
(2) to enhance management and protection of national park resources by providing clear authority and direction for the conduct of scientific study in the National Park System and to use the information gathered for management purposes;
(3) to ensure appropriate documentation of resource conditions in the National Park System;
(4) to encourage others to use the National Park System for study to the benefit of park management as well as broader scientific value, where such study is consistent with sections 1, 2, 3, and 4 of this title; and
(5) to encourage the publication and dissemination of information derived from studies in the National Park System.
(Pub. L. 105–391, title II, § 201, Nov. 13, 1998, 112 Stat. 3499.)
16 U.S.C. § 5932 (CONSERVATION)
§ 5932. Research mandate
The Secretary is authorized and directed to assure that management of units of the National Park System is enhanced by the availability and utilization of a broad program of the highest quality science and information.
(Pub. L. 105–391, title II, § 202, Nov. 13, 1998, 112 Stat. 3499.)
16 U.S.C. § 5933 (CONSERVATION)
§ 5933. Cooperative agreements
(a) Cooperative study units
The Secretary is authorized and directed to enter into cooperative agreements with colleges and universities, including but not limited to land grant schools, in partnership with other Federal and State agencies, to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the resources of the National Park System, or the larger region of which parks are a part.
(b) Report
Within one year of November 13, 1998, the Secretary shall report to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the House of Representatives on progress in the establishment of a comprehensive network of such college and university based cooperative study units as will provide full geographic and topical coverage for research on the resources contained in units of the National Park System and their larger regions.
(Pub. L. 105–391, title II, § 203, Nov. 13, 1998, 112 Stat. 3500.)
heading: Change of Name
text: Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
16 U.S.C. § 5934 (CONSERVATION)
§ 5934. Inventory and monitoring program
The Secretary shall undertake a program of inventory and monitoring of National Park System resources to establish baseline information and to provide information on the long-term trends in the condition of National Park System resources. The monitoring program shall be developed in cooperation with other Federal monitoring and information collection efforts to ensure a cost-effective approach.
(Pub. L. 105–391, title II, § 204, Nov. 13, 1998, 112 Stat. 3500.)
16 U.S.C. § 5935 (CONSERVATION)
§ 5935. Availability for scientific study
(a) In general
The Secretary may solicit, receive, and consider requests from Federal or non-Federal public or private agencies, organizations, individuals, or other entities for the use of any unit of the National Park System for purposes of scientific study.
(b) Criteria
A request for use of a unit of the National Park System under subsection (a) of this section may only be approved if the Secretary determines that the proposed study—
(1) is consistent with applicable laws and National Park Service management policies; and
(2) will be conducted in a manner as to pose no threat to park resources or public enjoyment derived from those resources.
(c) Fee waiver
The Secretary may waive any park admission or recreational use fee in order to facilitate the conduct of scientific study under this section.
(d) Negotiations
The Secretary may enter into negotiations with the research community and private industry for equitable, efficient benefits-sharing arrangements.
(Pub. L. 105–391, title II, § 205, Nov. 13, 1998, 112 Stat. 3500.)
16 U.S.C. § 5936 (CONSERVATION)
§ 5936. Integration of study results into management decisions
The Secretary shall take such measures as are necessary to assure the full and proper utilization of the results of scientific study for park management decisions. In each case in which an action undertaken by the National Park Service may cause a significant adverse effect on a park resource, the administrative record shall reflect the manner in which unit resource studies have been considered. The trend in the condition of resources of the National Park System shall be a significant factor in the annual performance evaluation of each superintendent of a unit of the National Park System.
(Pub. L. 105–391, title II, § 206, Nov. 13, 1998, 112 Stat. 3500.)
16 U.S.C. § 5937 (CONSERVATION)
§ 5937. Confidentiality of information
Information concerning the nature and specific location of a National Park System resource which is endangered, threatened, rare, or commercially valuable, of mineral or paleontological objects within units of the National Park System, or of objects of cultural patrimony within units of the National Park System, may be withheld from the public in response to a request under section 552 of title 5, unless the Secretary determines that—
(1) disclosure of the information would further the purposes of the unit of the National Park System in which the resource or object is located and would not create an unreasonable risk of harm, theft, or destruction of the resource or object, including individual organic or inorganic specimens; and
(2) disclosure is consistent with other applicable laws protecting the resource or object.
(Pub. L. 105–391, title II, § 207, Nov. 13, 1998, 112 Stat. 3501.)
16 U.S.C. § 5953 (CONSERVATION)
§ 5953. Term of concessions contracts
A concessions contract entered into pursuant to this subchapter shall generally be awarded for a term of 10 years or less. However, 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.
(Pub. L. 105–391, title IV, § 404, Nov. 13, 1998, 112 Stat. 3508; Pub. L. 106–176, title III, § 311, Mar. 10, 2000, 114 Stat. 34.)
heading: Amendments
text: 2000—Pub. L. 106–176, which directed the substitution of “contract terms and conditions,” for “conract terms and conditions,”, could not be executed because the words ”conract terms and conditions,” did not appear.
16 U.S.C. § 5955 (CONSERVATION)
§ 5955. Reasonableness of rates
(a) In general
Each concessions 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) of this section.
(b) Approval by Secretary required
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 reasonableness 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 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: length of season, peakloads, average percentage of occupancy, accessibility, availability and costs of labor and materials, and type of patronage. Such 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 the preceding sentence.
(c) Implementation of recommendations
Not later than 6 months after receiving recommendations from the Advisory Board established under section 5958(a) of this title regarding concessioner rates and charges to the public, the Secretary shall implement the recommendations or report to the Congress the reasons for not implementing the recommendations.
(Pub. L. 105–391, title IV, § 406, Nov. 13, 1998, 112 Stat. 3510.)
16 U.S.C. § 5956 (CONSERVATION)
§ 5956. Franchise fees
(a) In general
A concessions contract shall provide for payment to the government of a franchise fee or such other monetary consideration as determined by the Secretary, upon consideration of the probable value to the concessioner of the privileges granted by the particular contract involved. Such probable value shall be based upon a reasonable opportunity for net profit in relation to capital invested and the obligations of the contract. Consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving park areas and of providing necessary and appropriate services for visitors at reasonable rates.
(b) Amount of franchise fee
The amount of the franchise fee or other monetary consideration paid to the United States for the term of the concessions contract shall be specified in the concessions contract and may only be modified to reflect extraordinary unanticipated changes from the conditions anticipated as of the effective date of the contract. The Secretary shall include in concessions contracts with a term of more than 5 years a provision which allows reconsideration of the franchise fee at the request of the Secretary or the concessioner in the event of such extraordinary unanticipated changes. Such provision shall provide for binding arbitration in the event that the Secretary and the concessioner are unable to agree upon an adjustment to the franchise fee in these circumstances.
(c) Special account
All franchise fees (and other monetary consideration) paid to the United States pursuant to concessions contracts shall be deposited into a special account established in the Treasury of the United States. Twenty percent of the funds deposited in the special account shall be available for expenditure by the Secretary, without further appropriation, to support activities throughout the National Park System regardless of the unit of the National Park System in which the funds were collected. The funds deposited into the special account shall remain available until expended.
(d) Subaccount for each unit
There shall be established within the special account required under subsection (c) of this section a subaccount for each unit of the National Park System. Each subaccount shall be credited with 80 percent of the franchise fees (and other monetary consideration) collected at a single unit of the National Park System under concessions contracts. The funds credited to the subaccount for a unit of the National Park System shall be available for expenditure by the Secretary, without further appropriation, for use at the unit for visitor services and for purposes of funding high-priority and urgently necessary resource management programs and operations. The funds credited to a subaccount shall remain available until expended.
(Pub. L. 105–391, title IV, § 407, Nov. 13, 1998, 112 Stat. 3511.)
16 U.S.C. § 5957 (CONSERVATION)
§ 5957. Transfer of concessions contracts
(a) Approval of Secretary
No concessions contract or leasehold surrender interest may be transferred, assigned, sold, or otherwise conveyed or 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) of this section unless the Secretary finds that—
(1) the individual, corporation or entity seeking to acquire a concessions contract is not qualified or able to satisfy the terms and conditions of the concessions contract;
(2) such transfer or conveyance would have an adverse impact on (A) the protection, conservation, or preservation of the resources of the unit of the National Park System or (B) the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and
(3) the terms of such transfer or conveyance are likely, directly or indirectly, to reduce the concessioner’s opportunity for a reasonable profit over the remaining term of the contract, adversely affect the quality of facilities and services provided by the concessioner, or result in a need for increased rates and charges to the public to maintain the quality of such facilities and services.
(c) Transfer terms
The terms and conditions of any 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) of this section, unless such transfer or conveyance would have an adverse impact as described in paragraph (2) of subsection (b) of this section.
(Pub. L. 105–391, title IV, § 408, Nov. 13, 1998, 112 Stat. 3512.)
16 U.S.C. § 5959 (CONSERVATION)
§ 5959. Contracting for services
(a) Contracting authorized
(1) To the maximum extent practicable, the Secretary shall contract with private entities to conduct or assist in those elements of the management of the National Park Service concessions program considered by the Secretary to be suitable for non-Federal performance. Such management elements 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) 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 National Park Service concessions contracts.
(B) Development of guidelines for a national park system capital improvement and maintenance program for all concession occupied facilities.
(C) Making recommendations to the Director of the National Park Service regarding the conduct of annual audits of concession fee expenditures.
(b) Other management elements
The Secretary shall also consider, taking into account the recommendations of the Advisory Board, contracting out other elements of the concessions management program, as appropriate.
(c) Condition
Nothing in this section shall diminish the governmental responsibilities and authority of the Secretary to administer concessions contracts and activities pursuant to this subchapter and sections 1, 2, 3, and 4 of this title. The Secretary reserves the right to make the final decision or contract approval on contracting services dealing with the management of the National Park Service concessions program under this section.
(Pub. L. 105–391, title IV, § 410, Nov. 13, 1998, 112 Stat. 3514.)
16 U.S.C. § 5960 (CONSERVATION)
§ 5960. Multiple contracts within park
If multiple concessions 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 specific national park, the Secretary shall establish a comparable franchise fee structure for all such same or similar contracts, except that the terms and conditions of any existing concessions 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.
(Pub. L. 105–391, title IV, § 411, Nov. 13, 1998, 112 Stat. 3514.)
16 U.S.C. § 5961 (CONSERVATION)
§ 5961. Special rule for transportation contracting services
(a) In general
Notwithstanding any other provision of law, a service contract entered into by the Secretary for the provision solely of transportation services in a unit of the National Park System shall be no more than 10 years in length, including a base period of 5 years and annual extensions for an additional 5-year period based on satisfactory performance and approval by the Secretary.
(b) Obligation of funds
Notwithstanding any other provision of law, with respect to a service contract for the provision solely of transportation services at Zion National Park, the Secretary may obligate the expenditure of fees received in fiscal year 2002 under section 5981 of this title before the fees are received.
(Pub. L. 105–391, title IV, § 412, Nov. 13, 1998, 112 Stat. 3515; Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 143], Nov. 29, 1999, 113 Stat. 1535, 1501A–171; Pub. L. 106–291, title I, § 139, Oct. 11, 2000, 114 Stat. 949; Pub. L. 107–63, title I, § 122, Nov. 5, 2001, 115 Stat. 440.)
heading: Amendments
text: 2001—Subsec. (b). Pub. L. 107–63 substituted “2002” for “2001”.
2000—Subsec. (b). Pub. L. 106–291 substituted “2001” for “2000”.
1999—Pub. L. 106–113 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
16 U.S.C. § 5962 (CONSERVATION)
§ 5962. Use of nonmonetary consideration in concessions contracts
Section 1302 of title 40, relating to the leasing of buildings and properties of the United States, shall not apply to contracts awarded by the Secretary pursuant to this subchapter.
(Pub. L. 105–391, title IV, § 413, Nov. 13, 1998, 112 Stat. 3515.)
heading: Codification
text: “Section 1302 of title 40” substituted in text for “Section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
16 U.S.C. § 5963 (CONSERVATION)
§ 5963. Recordkeeping requirements
(a) In general
Each concessioner shall keep such records as the Secretary may prescribe to enable the Secretary to determine that all terms of the concessions contract have been and are being faithfully performed, and the Secretary and any duly authorized representative of the Secretary shall, for the purpose of audit and examination, have access to such records and to other books, documents, and papers of the concessioner pertinent to the contract and all terms and conditions thereof.
(b) Access to records
The Comptroller General or any duly 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 examine any pertinent books, papers, documents and records of the concessioner or subconcessioner related to the contract or contracts involved.
(Pub. L. 105–391, title IV, § 414, Nov. 13, 1998, 112 Stat. 3515.)
16 U.S.C. § 5964 (CONSERVATION)
§ 5964. 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 units of the National Park System 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 such trade currently does not exist.
(b) Exemption from franchise fee
In furtherance of these purposes, 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.
(Pub. L. 105–391, title IV, § 416, Nov. 13, 1998, 112 Stat. 3516.)
16 U.S.C. § 5965 (CONSERVATION)
§ 5965. Regulations
As soon as practicable after the effective date of this subchapter, the Secretary shall promulgate regulations appropriate for its implementation. Among other matters, such regulations shall include appropriate provisions to ensure that concession services and facilities to be provided in a unit of the National Park System are not segmented or otherwise split into separate concessions contracts for the purposes of seeking to reduce anticipated annual gross receipts of a concessions contract below $500,000. The Secretary shall also promulgate regulations which further define the term “United States Indian, Alaskan Native, and Native Hawaiian handicrafts” for the purposes of this subchapter.
(Pub. L. 105–391, title IV, § 417, Nov. 13, 1998, 112 Stat. 3516.)
heading: References in Text
text: The effective date of this subchapter, referred to in text, probably means the date of enactment of this subchapter, which was approved Nov. 13, 1998.