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16 U.S.C. § 5956 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 105–391, title IV, § 406, Nov. 13, 1998, 112 Stat. 3510, related to reasonableness of rates. See [section 101916 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101916&num=0&edition=prelim), National Park Service and Related Programs.
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Source location: Title 16, Chapter 79, § 5956; chapter-079-national-park-service-management.md
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### Statutory Notes
Section, Pub. L. 105–391, title IV, § 406, Nov. 13, 1998, 112 Stat. 3510, related to reasonableness of rates. See [section 101916 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101916&num=0&edition=prelim), National Park Service and Related Programs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A concession 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).
**(b) Approval by Secretary Required.—**
(1) **Factors to consider.—** — 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 concession 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:
(A) Length of season.
(B) Peakloads.
(C) Average percentage of occupancy.
(D) Accessibility.
(E) Availability and costs of labor and materials.
(F) Type of patronage.
(2) **Rates and charges not to exceed market rates and charges.—** — 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 paragraph (1).
**(c) Implementation of Recommendations.—** Not later than 6 months after receiving recommendations from the Advisory Board regarding concessioner rates and charges to the public, the Secretary shall implement the recommendations or report to Congress
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A concession contract shall provide for payment to the Federal Government of a franchise fee or other monetary consideration as determined by the Secretary, on consideration of the probable value to the concessioner of the privileges granted by the particular contract involved. Probable value shall be based on a reasonable opportunity for net profit in relation to capital invested and the obligations of the concession contract. Consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving System units and of providing necessary and appropriate services for visitors at reasonable rates.
**(b) Provisions To Be Specified in Contract.—** The amount of the franchise fee or other monetary consideration paid to the United States for the term of the concession contract shall be specified in the concession contract and may be modified only to reflect extraordinary unanticipated changes from the conditions anticipated as of the effective date of the concession contract. The Secretary shall include in concession contracts with a term of more than 5 years a provision that allows reconsideration of the franchise fee at the request of the Secretary or the concessioner in the event of extraordinary unanticipated changes. The provision shall provide for binding arbitration in the event that the Secretary and the concessioner are unable to agree on an adjustment to the franchise fee in those circumstances.
**(c) Special Account in Treasury.—**
(1) **Deposit and availability.—** — All franchise fees (and other monetary consideration) paid to the United States pursuant to concession contracts shall be deposited in a special account established in the Treasury. Twenty percent of the funds deposited in the special a
Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 101917
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Federal law — U.S. Code and appendices · legal_authorities
Page 2562
TITLE 16—CONSERVATION
§ 5956
section 101916 of Title 54, National Park Service and
Related Programs.
§ 5956. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 105–391, title IV, § 407, Nov. 13, 1998,
112 Stat. 3511, related to franchise fees. See section
101917 of Title 54, National Park Service and Related
Programs.
§ 5957. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 105–391, title IV, § 408, Nov. 13, 1998,
112 Stat. 3512, related to transfer of concessions con-
tracts. See section 101918 of Title 54, National Park
Service and Related Programs.
§ 5958. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 105–391, title IV, § 409, Nov. 13, 1998,
112 Stat. 3512; Pub. L. 111–11, title VII, § 7403, Mar. 30,
2009, 123 Stat. 1219, related to National Park Service
Concessions Management Advisory Board. See section
101919 of Title 54, National Park Service and Related
Programs.
§ 5959. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 105–391, title IV, § 410, Nov. 13, 1998,
112 Stat. 3514, related to contracting for services. See
section 101920 of Title 54, National Park Service and
Related Programs.
§ 5960. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 105–391, title IV, § 411, Nov. 13, 1998,
112 Stat. 3514, related to multiple contracts within a
park. See section 101921 of Title 54, National Park Serv-
ice and Related Programs.
§ 5961. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 105–391, title IV, § 412, Nov. 13, 1998,
112 Stat. 3515; Pub. L. 106–113, div. B, § 1000(a)(3) [title I,
§ 143], Nov. 29, 1999, 113 Stat. 1535, 1501A–171; Pub. L.
106–291, ti
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5956
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