An Act relating to the establishment of concession policies in the areas administered by National Park Service and for other purposes
PL 89-249 (H.R.2091), enacted 10/09/1965

79 STAT. ] 
PUBLIC LAW 89-249-OCT. 9, 1965 
969 
of which may be an automatic typewriter", and by striking out "four 
electric typewriters" and inserting in lieu thereof "five electric type-
writers, one of which may be an automatic typewriter". 
Approved October 9, 1965, 6:32 a.m. 
Public Law 89-249 
A N A C T 
October 9, 1965 
[H. R. 2091] 
National Park 
Service, 
Relating to the establishment of concession policies in the areas administered 
by National Park Service and for other purposes. 
Be it enacted hy the Senate and House of Representatwes 
of the 
United States of America in Congress assembled^ That in furtherance 
of the Act of August 25,1916 (39 Stat. 535), as amended (16 U.S.C. 1), "^c'oncession 
which directs the Secretary of the Interior to administer national park poii^^i^s. 
system areas in accordance with the fundamental purpose of conserv-
ing their scenery, wildlife, natural and historic objects, and providing 
for their enjoyment in a manner that wdll leave them unimpaired for 
the enjoyment of future generations, the Congress hereby finds that 
the preservation of park values requires that such public accommoda-
tions, facilities, and services as have to be provided within those areas 
should be provided only under carefully controlled safeguards against 
unregulated and indiscriminate use, so that the heavy visitation will 
not unduly impair these values and so that development of such facili-
ties can best be limited to locations where the least damage to park 
values will be caused. It is the policy of the Congress that such 
development shall be limited to those that are necessary and appro-
priate for public use and enjoyment of the national park area in which 
they are located and that are consistent to the highest practicable 
degree with the preservation and conservation of the areas. 
SEC. 2. Subject to the findings and policy stated in section 1 of this 
"Concessioners." 
Act, the Secretary of the Interior shall take such action as may be 
appropriate to encourage and enable private persons and corporations 
(hereinafter referred to as "concessioners") to provide and operate 
facilities and services which he deems desirable for the accommodation 
of visitors in areas administered by the National Park Service. 
SEC. 3. (a) Without limitation of the foregoing, the Secretary may contracts. 
include in contracts for the providing of facilities and services such 
terms and conditions as, in his judgment, are required to assure the con-
cessioner of adequate protection against loss of investment in struc-
tures, fixtures, improvements, equipment, supplies, and other tangible 
property provided by him for the purposes of the contract (but not 
against loss of anticipated profits) resulting from discretionary acts, 
policies, or decisions of the Secretary occurring after the contract has 
become effective under which acts, policies, or decisions the concession-
er's authority to conduct some or all of his authorized operations under 
the contract ceases or his structures, fixtures, and improvements, or any 
of them, are required to be transferred to another party or to be aban-
doned, removed, or demolished. 
Such terms and conditions may 
include an obligation of the United States to compensate the conces-
sioner for loss of investment, as aforesaid. 
(b) The Secretary shall exercise his authority in a manner consistent 
Pi-ofits. 
with a reasonable opportunity for the concessioner to realize a profit 
on his operation as a whole commensurate with the capital invested 
and the obligations assumed. 
(c) The reasonableness of a concessioner's rates and charges to the ^^tes, 
public shall, unless otherwise provided in the contract, be judged 
primarily by comparison with those current for facilities and services 
49-850 0-66—64 
970 
PUBLIC LAW 89-249-OCT. 9, 1965 
[79 STAT. 
of comparable character under similar conditions, with due considera-
tion for length of season, provision for peakloads, average percentage 
of occupancy, accessibility, availability and costs of labor and 
materials, type of patronage, and other factors deemed significant by 
the Secretary. 
Franchise fees. 
((J) Frauchisc fces, however stated, shall be determined upon con-
sideration of the probable value to the concessioner of the privileges 
granted by the particular contract or permit involved. Such value is 
the opportunity for net profit in relation to both gross receipts and 
capital invested. Consideration of revenue to the United States shall 
be subordinate to the objectives of protecting and j>reserving the areas 
and of providing adequate and appropriate services for visitors at 
reasonable rates. Appropriate provisions shall be made for recon-
sideration of franchise fees at least every five years unless the contract 
is for a lesser period of time. 
Contracts, ex. 
gj,^^ ^ rpj^g Secretarv may authorize the operation of all accommoda-
tension, renewals, 
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tions, facilities, and services for visitors, or oi all such accommodations, 
facilities, and services of generally similar character, in each area, or 
portion thereof, administered by the National Park Service by one 
responsible concessioner and may grant to such concessioner a pref-
erential right to provide such new or additional accommodations, 
facilities, or services as the Secretary may consider necessary or desir-
able for the accommodation and convenience of the public. The Secre-
tary may, in his discretion, grant extensions, renewals, or new contracts 
to present concessioners, other than the concessioner holding a 
preferential right, for operations substantially similar in character 
and extent to those authorized by their current contracts or permits. 
SEC. 5. The Secretary shall encourage continuity of operation and 
facilities and services by giving preference in the renewal of contracts 
or permits and in the negotiation of new contracts or permits to the 
concessioners who have performed their obligations under prior con-
tracts or permits to the satisfaction of the Secretary. 
To this end, 
the Secretary, at any time in his discretion, may extend or renew a 
contract or permit, or may grant a new contract or permit to the same 
concessioner upon the termination or surrender before expiration of a 
prior contract or permit. Before doing so, however, and before grant-
ing extensions, renewals or new contracts pursuant to the last sentence 
of section 4 of this Act, the Secretary shall give reasonable public 
notice of his intention so to do and shall consider and evaluate all 
proposals received as a result thereof. 
Possessory 
gj,Q g ^ coucessiouer who has heretofore acquired or constructed or 
who hereatter acquires or constructs, pursuant to a contract and with 
the approval of the Secretary, any structure, fixture, or improvement 
upon land owned by the United States within an area administered 
by the National Park Service shall have a possessory interest therein, 
which shall consist of all incidents of ownership except legal title, and 
except as hereinafter provided, which title shall be vested in the United 
States. 
Such possessory interest shall not be construed to include or 
imply any authority, privilege, or right to operate or engage in any 
business or other activity, and the use or enjoyment of any structure, 
fixture, or improvement in which the concessioner has a possessory 
interest shall be wholly subject to the applicable provisions of the 
contract and of laws and regulations relating to the area. 
The said 
possessory interest shall not be extinguished by the expiration or other 
termination of the contract and may not be taken for public use with-
out just compensation. The said possessory interest may be assigned, 
transferred, encumbered, or relinquished. 
Unless otherwise provided 
by agreement of the parties, just compensation shall be an amount 
equal to the sound value of such structure, fixture, or improvement at 
the time of taking by the United States determined upon the basis of 
reconstruction cost less depreciation evidenced by its condition and 
interest. 
79 STAT. ] 
PUBLIC LAW 89-250-OCT. 9, 1965 
971 
prospective serviceability in comparison with a new unit of like kind, 
but not to exceed fair market value. The provisions of this section 
sliall not apply to concessioners whose current contracts do not include 
recognition of a possessory interest, unless in a particular case the 
Secretary determines that equitable considerations warrant recognition 
of such interest. 
SEC. 7. The provisions of section 321 of the Act of June 30, 1932 
(47 Stat. 412; 40 U.S.C. 3()3(b)), relating to the leasing of buildings 
and properties of the United States, shall not apply to privileges, 
leases, permits, and contracts granted by the Secretary of the Interior 
for the use of lands and improvements thereon, in areas administered 
by the National Park Service, for the purpose of providing accom-
modations, facilities, and services for visitors thereto, pursuant to the 
Act of August 25, 1916 (39 Stat. 535), as amended, or the Act of 
le use i. 
August 21, 1935, chapter 593 (49 Stat. 666; 16 U.S.C. 461-467), as 
amended. 
SEC. 8. Subsection (h) of section 2 of the Act of August 21, 1935, 
the Historical Sites, Buildings, and Antiquities Act (49 Stat. 666; 16 
U.S.C. 462(h)), is amended by changing the proviso therein to read 
as follows: ''''Provided^ That the Secretary may grant such concessions, 
leases, or permits and enter into contracts relating to the same with 
responsible persons, firms, or corporations without advertising and 
without securing competitive bids." 
SEC. 9. Each concessioner shall keep such records as the Secretary 
Records. 
may prescribe to enable the Secretary to determine that all terms of 
the concession contract have been and are being faithfully performed, 
and the Secretary and his duly authorized representatives shall, for 
the purpose of audit and examination, have access to said records and 
to other books, documents, and papers of the concessioner pertinent 
to the contract and all the terms and conditions thereof. 
The Comptroller General of the United States or any of his duly 
Avaiiabinty. 
authorized representatives shall, until the expiration of five (5) calen-
dar years after the close of the business year of each concessioner or 
subconcessioner have access to and the right to examine any pertinent 
books, documents, papers, and records of the concessioner or sub-
concessioner related to the negotiated contract or contracts involved. 
Approved October 9, 1965, 6:35 a.m. 
Public Law 89-250 
A N A C T 
October 9, 1965 
To revise the boundary of Jewel Cave National Monument in the State of South 
[H. R. 9417] 
Dakota, and for other purposes. 
Jewel Cave 
National Monu-
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That, for the pur- ^
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pose of including within the Jewel Cave National Monument signif- ment°X oTk 
leant caverns and other geological features beneath lands within the 
Black Hills National Forest adjacent to the national monument, the 
boundary of said monument is hereby revised in accordance with 
drawing numbered N.M.-J.C.-7100, dated June 10, 1964, j)repared by 
the National Park Service of the Department of the Interior. Lands 
within the revised monument shall hereafter be administered in 
accordance with the Act of Congress entitled "An Act to establish a 
National Park Service, and for other purposes," approved August 25, 
1916 (39 Stat. 535), as amended and supplemented. Lands excluded 
1
6 use 
from the monument pursuant to this Act shall remain and be admin- ^^'^' 
istered as a part of the Black Hills National Forest. 
Approved October 9, 1965, 6:35 a.m.