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54 U.S.C. § 101531 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101531. Fee for use of transportation services
Notwithstanding any other provision of law, where the Service or an entity under a service contract, cooperative agreement, or other contractual agreement with the Service provides transportation to all or a portion of any System unit, the Secretary may impose a reasonable and appropriate charge to the public for the use of the transportation services in addition to any admission fee required to be paid. Collection of the transportation and admission fees may occur at the transportation staging area or any other reasonably convenient location determined by the Secretary. The Secretary may enter into agreements, with public or private entities that qualify to the Secretary’s satisfaction, to collect the transportation and admission fee. Transportation fees collected pursuant to this section shall be retained by the System unit at which the transportation fee was collected, and the amount retained shall be expended only for costs associated with the transportation systems at the System unit where the charge was imposed.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3134.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101531
16 U.S.C. 5981
Pub. L. 105–391, title IV, § 501, Nov. 13, 1998, 112 Stat. 3518; Pub. L. 109–131, title I, § 102(b), Dec. 20, 2005, 119 Stat. 2568.
54 U.S.C. § 101701 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101701. Challenge cost-share agreement authority
(a) Definitions.—
In this section:
(1) Challenge cost-share agreement.—
The term “challenge cost-share agreement” means any agreement entered into between the Secretary and any cooperator for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary with respect to any System unit or System program, any affiliated area, or any designated national scenic trail or national historic trail.
(2) Cooperator.—
The term “cooperator” means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity.
(b) Authority To Enter Into Challenge Cost-Share Agreements.—
The Secretary may negotiate and enter into challenge cost-share agreements with cooperators.
(c) Source of Federal Share.—
In carrying out challenge cost-share agreements, the Secretary may provide the Federal funding share from any funds available to the Service.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3134.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101701
16 U.S.C. 1f
Pub. L. 104–333, div. I, title VIII, § 814(g), Nov. 12, 1996, 110 Stat. 4199.
54 U.S.C. § 101703 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 advisable, may enter into an agreement with a State or local government agency 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 management 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 Secretary 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 assignment may be for any period of time determined by the Secretary and the State or local agency to be mutually beneficial.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3136.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101703
16 U.S.C. 1a–2 (matter before (a))
Pub. L. 91–383, § 3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826.
16 U.S.C. 1a–2(l)
Pub. L. 91–383, § 3(l), as added Pub. L. 105–391, title VIII, § 802(a), Nov. 13, 1998, 112 Stat. 3523.
54 U.S.C. § 101704 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 appropriate 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 payment.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3137.)
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Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101704
16 U.S.C. 1i
Pub. L. 108–7, div. F, title I (proviso in last undesignated par. under heading “administrative provisions” under heading “National Park Service”), Feb. 20, 2003, 117 Stat. 227.
The words “Heretofore and hereafter” and “section 1341 of title 31 or” are omitted as unnecessary
54 U.S.C. § 101901 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 concessioners, 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3137.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101901
16 U.S.C. 1b (matter before (1))
Aug. 8, 1953, ch. 384, § 1 (matter before (1)), (4), 67 Stat. 495; Pub. L. 91–383, § 2(a), Aug. 18, 1970, 84 Stat. 826.
16 U.S.C. 1b(4)
The words “and he may use applicable appropriations for the aforesaid system for the following purposes” are omitted as unnecessary.
54 U.S.C. § 101911 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101911. Definitions
In this subchapter:
(1) Advisory board.—
The term “Advisory Board” means the National Park Service Concessions Management Advisory Board established 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 determination 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 conditions of any competing proposal that the Secretary determines to be the best proposal for a proposed new concession contract that authorizes the continuation of the facilities and services provided by the concessioner under its prior contract.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3138.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101911(1)
no source
101911(2)
16 U.S.C. 5952(7)(C)
Pub. L. 105–391, title IV, § 403(7)(C), Nov. 13, 1998, 112 Stat. 3506.
54 U.S.C. § 101912 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 requires 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.
(b) Declaration of Policy.—
It is the policy of Congress that the development 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 preservation and conservation of the resources and values of the System unit.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3138.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101912
16 U.S.C. 5951
Pub. L. 105–391, title IV, § 402, Nov. 13, 1998, 112 Stat. 3503.
In subsection (a), the words “section 100101(a)” are substituted for “sections 1, 2, 3, and 4 of this title, which directs the Secretary to administer units of the National Park System in accordance with the fundamental purpose of conserving their scenery, wildlife, and natural and historic objects, and providing for their enjoyment in a manner that will leave them unimpaired for the enjoyment of future generations” to give a more precise cross reference because section 100101(a) of the new title is where that direction to the Secretary is restated.
54 U.S.C. § 101914 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101914. Term of concession contracts
A concession contract entered into pursuant to this subchapter shall generally 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3142.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101914
16 U.S.C. 5953
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.
54 U.S.C. § 101916 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 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 concession 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 concessioner rates and charges to the public, the Secretary shall implement the recommendations or report to Congress the reasons for not implementing the recommendations.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3145.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101916
16 U.S.C. 5955
Pub. L. 105–391, title IV, § 406, Nov. 13, 1998, 112 Stat. 3510.
54 U.S.C. § 101917 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 determined by the Secretary, on consideration of the probable value to the concessioner of the privileges granted by the particular contract involved. Probable value shall be based on a reasonable opportunity for net profit in relation to capital invested and the obligations of the concession contract. Consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving System units and of providing necessary and appropriate services for visitors at reasonable rates.
(b) Provisions To Be Specified in Contract.—
The amount of the franchise 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 contract. 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 monetary consideration) paid to the United States pursuant to concession contracts shall be deposited in a special account established in the Treasury. 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 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 subaccount shall be credited with 80 percent of the franchise fees (and other monetary consideration) collected at a single System unit under concession contracts. The funds credited to the subaccount for a System unit shall be available for expenditure by the Secretary, without further appropriation, for use at the System 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. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3146.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101917
16 U.S.C. 5956
Pub. L. 105–391, title IV, § 407, Nov. 13, 1998, 112 Stat. 3511.
54 U.S.C. § 101918 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101918. Transfer or conveyance of concession contracts or leasehold surrender interests
(a) Approval of Secretary.—
No concession 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) 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 indirectly, 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 conditions 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).
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3147.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101918
16 U.S.C. 5957
Pub. L. 105–391, title IV, § 408, Nov. 13, 1998, 112 Stat. 3512.
In subsection (b)(1), the word “other” is added for consistency in the subchapter. See section 101926 of the revised title.
54 U.S.C. § 101920 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 management 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 Service 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 conduct 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 section 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), 100752, 100753, and 102101 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 Service concessions program under this section.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3149.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101920
16 U.S.C. 5959
Pub. L. 105–391, title IV, § 410, Nov. 13, 1998, 112 Stat. 3514.
54 U.S.C. § 101921 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3149.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101921
16 U.S.C. 5960
Pub. L. 105–391, title IV, § 411, Nov. 13, 1998, 112 Stat. 3514.
54 U.S.C. § 101922 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3150.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101922
16 U.S.C. 5962
Pub. L. 105–391, title IV, § 413, Nov. 13, 1998, 112 Stat. 3515.
The words relating to the leasing of buildings and properties of the United States” are omitted as unnecessary.
54 U.S.C. § 101923 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 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 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 examine any pertinent records described in subsection (a) of the concessioner or subconcessioner related to the contract involved.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3150.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101923
16 U.S.C. 5963
Pub. L. 105–391, title IV, § 414, Nov. 13, 1998, 112 Stat. 3515.
In this section, the word “duly” is omitted as unnecessary.
In subsection (a), the words “and any subconcessioner” and “or subconcessioner” are added for clarity. See 36 CFR 51.98. The word “records” is substituted for “books, documents, and papers” for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words “books, papers, documents” are omitted as included in “records”. The words “described in subsection (a)” are added for clarity.