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54 U.S.C. § 101916 — Reasonableness of rates and charges

Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 101916 — Reasonableness of rates and charges

**(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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Source location: Title 54, Chapter 1019, § 101916; chapter-1019-chapter-1019.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5955 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 105–391, title IV, § 405, Nov. 13, 1998, 112 Stat. 3508, related to protection of concessioner investment. Subsecs. (a) to (e) were repealed and restated in [section 101915 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101915&num=0&edition=prelim), National Park Service and Related Programs. Subsec. (f), requiring the Secretary to submit a report to Congress not later than 7 years after Nov. 13, 1998, was repealed as obsolete. #### De Novo Review of Value Determination Decisions by United States Court of Federal Claims Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2107, which provided for de novo review by the United States Court of Federal Claims of certain value determination decisions, was repealed and restated as subsec. (c)(4) of [section 101915 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101915&num=0&edition=prelim), National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3145, 3272, which Act enacted Title 54.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5956 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### 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

54 U.S.C. § 101916 — Reasonableness of rates and charges

Page 53 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101917 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101915(a) ..... 16 U.S.C. 5954(e). Pub. L. 105–391, title IV, § 405(a) through (e), Nov. 13, 1998, 112 Stat. 3508. 101915(b) ..... 16 U.S.C. 5954(a). 101915(c)(1) through (3). 16 U.S.C. 5954(b). 101915(c)(4) 16 U.S.C. 5954 note. Pub. L. 110–161, div. F, title I (1st paragraph under heading ‘‘ADMINISTRATIVE PROVISIONS’’ under head- ing ‘‘NATIONAL PARK SERVICE’’), Dec. 26, 2007, 121 Stat. 2107. 101915(d), (e). 16 U.S.C. 5954(c), (d). In subsection (b), before paragraph (1), the words ‘‘On and after November 13, 1998’’ are omitted as obsolete. In paragraph (6)(A), the words ‘‘Effective 9 years after No- vember 13, 1998’’ are omitted as obsolete. In subsection (c)(4), the words ‘‘For fiscal years 2008 and hereafter’’ are omitted as obsolete. Editorial Notes REFERENCES IN TEXT The Act of October 9, 1965, known as the National Park Service Concessions Policy Act, referred to in subsec. (c)(1), is Pub. L. 89–249, Oct. 9, 1965, 79 Stat. 969, which enacted subchapter IV (§ 20 et seq.) of chapter 1 of Title 16, Conservation, and amended section 462 of Title 16, prior to being repealed by Pub. L. 105–391, title IV, § 415(a), Nov. 13, 1998, 112 Stat. 3515. § 101916. Reasonableness of rates and charges (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, sub- ject 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 sub- ject to approval by the Secretary. The a

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