§ 5959. — Contracting for services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5959]
TITLE 16--CONSERVATION
CHAPTER 79--NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
Sec. 5959. Contracting for services
(a) Contracting authorized
(1) To the maximum extent practicable, the Secretary shall contract
with private entities to conduct or assist in those elements of the
management of the National Park Service concessions program considered
by the Secretary to be suitable for non-Federal performance. Such
management elements include each of the following:
(A) Health and safety inspections.
(B) Quality control of concessions operations and facilities.
(C) Strategic capital planning for concessions facilities.
(D) Analysis of rates and charges to the public.
(2) 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
National Park Service concessions contracts.
(B) Development of guidelines for a national park system capital
improvement and maintenance program for all concession occupied
facilities.
(C) Making recommendations to the Director of the National Park
Service regarding the conduct of annual audits of concession fee
expenditures.
(b) Other management elements
The Secretary shall also consider, taking into account the
recommendations of the Advisory Board, contracting out other elements of
the concessions management program, as appropriate.
(c) Condition
Nothing in this section shall diminish the governmental
responsibilities and authority of the Secretary to administer
concessions contracts and activities pursuant to this subchapter and
sections 1, 2, 3, and 4 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 National Park Service concessions
program under this section.
(Pub. L. 105-391, title IV, Sec. 410, Nov. 13, 1998, 112 Stat. 3514.)