§ 5951. — Congressional findings and statement of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5951]
TITLE 16--CONSERVATION
CHAPTER 79--NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
Sec. 5951. Congressional findings and statement of policy
(a) Findings
In furtherance of 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, the Congress hereby finds that the preservation
and conservation of park resources and values requires that such public
accommodations, facilities, and services as have to be provided within
such units should be provided only under carefully controlled safeguards
against unregulated and indiscriminate use, so that--
(1) visitation will not unduly impair these resources and
values; and
(2) development of public accommodations, facilities, and
services within such 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 such units.
(b) Policy
It is the policy of the Congress that the development of public
accommodations, facilities, and services in units of the National Park
System shall be limited to those accommodations, facilities, and
services that--
(1) are necessary and appropriate for public use and enjoyment
of the unit of the National Park System 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
unit.
(Pub. L. 105-391, title IV, Sec. 402, Nov. 13, 1998, 112 Stat. 3503.)
Short Title
For short title of this subchapter as the ``National Park Service
Concessions Management Improvement Act of 1998'', see section 401 of
Pub. L. 105-391, set out as a note under section 5901 of this title.
Savings Provision
Pub. L. 105-391, title IV, Sec. 419, Nov. 13, 1998, 112 Stat. 3517,
provided that:
``(a) Treatment of Glacier Bay Concession Permits Prospectus.--
Nothing contained in this title [see Short Title note set out under
section 5901 of this title] shall authorize or require the Secretary to
withdraw, revise, amend, modify, or reissue the February 19, 1998,
Prospectus Under Which Concession Permits Will be Open for Competition
for the Operation of Cruise Ship Services Within Glacier Bay National
Park and Preserve (in this section referred to as the `1998 Glacier Bay
Prospectus'). The award of concession permits pursuant to the 1998
Glacier Bay Prospectus shall be under provisions of existing law at the
time the 1998 Glacier Bay Prospectus was issued.
``(b) Preferential Right of Renewal.--Notwithstanding any provision
of this title, the Secretary, in awarding future Glacier Bay cruise ship
concession permits covering cruise ship entries for which a preferential
right of renewal existed prior to the effective date of this title
[probably means the date of enactment of title IV of Pub. L. 105-391,
which was approved Nov. 13, 1998], shall provide for such cruise ship
entries a preferential right of renewal, as described in subparagraphs
(C) and (D) of section 403(7) [16 U.S.C. 5952(7)(C), (D)]. Any Glacier
Bay concession permit awarded under the authority contained in this
subsection shall expire by December 31, 2009.''
Alaska National Interest Lands Conservation Act
Pub. L. 105-391, title IV, Sec. 415(c), Nov. 13, 1998, 112 Stat.
3516, provided that: ``Nothing in this title [see Short Title note set
out under section 5901 of this title] amends, supersedes, or otherwise
affects any provision of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3101 et seq.) relating to revenue-producing visitor
services.''
Section Referred to in Other Sections
This section is referred to in section 5952 of this title.