§ 5958. — National Park Service Concessions Management Advisory Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5958]
TITLE 16--CONSERVATION
CHAPTER 79--NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
Sec. 5958. National Park Service Concessions Management Advisory
Board
(a) Establishment
There is hereby established a National Park Service Concessions
Management Advisory Board (in this subchapter referred to as the
``Advisory Board'') whose purpose shall be to advise the Secretary and
National Park Service on matters relating to management of concessions
in the National Park System.
(b) Duties
(1) Advice
The Advisory Board shall advise on each of the following:
(A) Policies and procedures intended to assure that services
and facilities provided by concessioners are necessary and
appropriate, meet acceptable standards at reasonable rates with
a minimum of impact on park resources and values, and provide
the concessioners with a reasonable opportunity to make a
profit.
(B) Ways to make National Park Service concessions programs
and procedures more cost effective, more process efficient, less
burdensome, and timelier.
(2) Recommendations
The Advisory Board shall make recommendations to the Secretary
regarding each of the following:
(A) National Park Service contracting with the private
sector to conduct appropriate elements of concessions management
and providing recommendations to make more efficient, less
burdensome, and timelier the review or approval of concessioner
rates and charges to the public.
(B) The nature and scope of products which qualify as
Indian, Alaska Native, and Native Hawaiian handicrafts within
this \1\ meaning of this subchapter.
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\1\ So in original. Probably should be ``the''.
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(C) The allocation of concession fees.
The initial recommendations under subparagraph (A) relating to rates
and charges shall be submitted to the Secretary not later than one
year after the first meeting of the Board.
(3) Annual report
The Advisory Board, commencing with the first anniversary of its
initial meeting, shall provide an annual report on its activities to
the Committee on Resources of the United States House of
Representatives and the Committee on Energy and Natural Resources of
the United States Senate.
(c) Advisory Board membership
Members of the Advisory Board shall be appointed on a staggered
basis by the Secretary for a term not to exceed 4 years and shall serve
at the pleasure of the Secretary. The Advisory Board shall be comprised
of not more than seven individuals appointed from among citizens of the
United States not in the employment of the Federal Government and not in
the employment of or having an interest in a National Park Service
concession. Of the seven members of the Advisory Board--
(1) one member shall be privately employed in the hospitality
industry and have both broad knowledge of hotel or food service
management and experience in the parks and recreation concessions
business;
(2) one member shall be privately employed in the tourism
industry;
(3) one member shall be privately employed in the accounting
industry;
(4) one member shall be privately employed in the outfitting and
guide industry;
(5) one member shall be a State government employee with
expertise in park concession management;
(6) one member shall be active in promotion of traditional arts
and crafts; and
(7) one member shall be active in a nonprofit conservation
organization involved in parks and recreation programs.
(d) Termination
The Advisory Board shall continue to exist until December 31, 2008.
In all other respects, it shall be subject to the provisions of the
Federal Advisory Committee Act.
(e) Service on Advisory Board
Service of an individual as a member of the Advisory Board shall not
be considered as service or employment bringing such individual within
the provisions of any Federal law relating to conflicts of interest or
otherwise imposing restrictions, requirements, or penalties in relation
to the employment of persons, the performance of services, or the
payment or receipt of compensation in connection with claims,
proceedings, or matters involving the United States. Service as a member
of the Advisory Board shall not be considered service in an appointive
or elective position in the Government for purposes of section 8344 of
title 5 or other comparable provisions of Federal law.
(Pub. L. 105-391, title IV, Sec. 409, Nov. 13, 1998, 112 Stat. 3512.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (d), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 5955 of this title.
