§ 5955. — Reasonableness of rates.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5955]
TITLE 16--CONSERVATION
CHAPTER 79--NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
Sec. 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, Sec. 406, Nov. 13, 1998, 112 Stat. 3510.)
