§ 5966. — Commercial use authorizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5966]
TITLE 16--CONSERVATION
CHAPTER 79--NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
Sec. 5966. Commercial use authorizations
(a) In general
To the extent specified in this section, the Secretary, upon
request, may authorize a private person, corporation, or other entity to
provide services to visitors to units of the National Park System
through a commercial use authorization. Such authorizations shall not be
considered as concessions contracts pursuant to this subchapter nor
shall other sections of this subchapter be applicable to such
authorizations except where expressly so stated.
(b) Criteria for issuance of authorizations
(1) Required determinations
The authority of this section may be used only to authorize
provision of services that the Secretary determines will have
minimal impact on resources and values of the unit of the National
Park System and are consistent with the purpose for which the unit
was established and with all applicable management plans and park
policies and regulations.
(2) Elements of authorization
The Secretary shall--
(A) require payment of a reasonable fee for issuance of an
authorization under this section, such fees to remain available
without further appropriation to be used, at a minimum, to
recover associated management and administrative costs;
(B) require that the provision of services under such an
authorization be accomplished in a manner consistent to the
highest practicable degree with the preservation and
conservation of park resources and values;
(C) take appropriate steps to limit the liability of the
United States arising from the provision of services under such
an authorization; and
(D) have no authority under this section to issue more
authorizations than are consistent with the preservation and
proper management of park resources and values, and shall
establish such other conditions for issuance of such an
authorization as the Secretary determines appropriate for the
protection of visitors, provision of adequate and appropriate
visitor services, and protection and proper management of the
resources and values of the park.
(c) Limitations
Any authorization issued under this section shall be limited to--
(1) commercial operations with annual gross receipts of not more
than $25,000 resulting from services originating and provided solely
within a unit of the National Park System pursuant to such
authorization;
(2) the incidental use of resources of the unit by commercial
operations which provide services originating and terminating
outside of the boundaries of the unit; or
(3) such uses by organized children's camps, outdoor clubs and
nonprofit institutions (including back country use) and such other
uses as the Secretary determines appropriate.
Nonprofit institutions are not required to obtain commercial use
authorizations unless taxable income is derived by the institution from
the authorized use.
(d) Prohibition on construction
An authorization issued under this section shall not provide for the
construction of any structure, fixture, or improvement on federally-
owned lands within the boundaries of a unit of the National Park System.
(e) Duration
The term of any authorization issued under this section shall not
exceed 2 years. No preferential right of renewal or similar provisions
for renewal shall be granted by the Secretary.
(f) Other contracts
A person, corporation, or other entity seeking or obtaining an
authorization pursuant to this section shall not be precluded from also
submitting proposals for concessions contracts.
(Pub. L. 105-391, title IV, Sec. 418, Nov. 13, 1998, 112 Stat. 3516.)
