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54 U.S.C. § 101926 — Regulations

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54 U.S.C. § 101926 — Regulations

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Stable record: federal_law:legal_authorities:usc2024-27ed471d6544cee2a8ba4b3c
Source file: Laws/federal/codes/united-states-code-2024/title-54/section-101926-regulations--92a7e63f38.md
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Source location: USCODE-2024-title54-subtitleI-divsnA-chap1019-subchapII-sec101926.pdf

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Page 57 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101931 1 Editorially supplied. (C) take appropriate steps to limit the li- ability of the United States arising from the provision of services under a commercial use authorization; (D) have no authority under this section to issue more commercial use authorizations than are consistent with the preservation and proper management of System unit re- sources and values; and (E) shall establish other conditions for issuance of a commercial use authorization that the Secretary determines to be appro- priate for the protection of visitors, provi- sion of adequate and appropriate visitor services, and protection and proper manage- ment of System unit resources and values. (c) LIMITATIONS.—Any commercial use author- ization 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 System unit pursuant to the commer- cial use authorization; (2) the incidental use of resources of the Sys- tem unit by commercial operations that pro- vide services originating and terminating out- side the boundaries of the System unit; or (3)(A) uses by organized children’s camps, outdoor clubs, and nonprofit institutions (in- cluding back country use); and (B) other uses, as the Secretary determines to be appropriate. (d) NONPROFIT INSTITUTIONS.—Nonprofit insti- tutions are not required to obtain commercial use authorizations unless taxable income is de- rived by the institution from the authorized use. (e) PROHIBITION ON CONSTRUCTION.—A commer- cial use authorization shall not provide for the construction of any structure, fixture, or im- provement on federally-owned land within the boundaries of a System unit. (f) DURATION.—The term of any commercial use authorization shall not exceed 2 years. No preferential right of renewal or similar provi- sions for renewal shall be granted by the Sec- retary. (g) OTHER CONTRACTS.—A person, corporation, or other entity seeking or obtaining a commer- cial use authorization shall not be precluded from submitting a proposal for concession con- tracts. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3150.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101925 ......... 16 U.S.C. 5966. Pub. L. 105–391, title IV, § 418, Nov. 13, 1998, 112 Stat. 3516. § 101926. Regulations (a) IN GENERAL.—The Secretary shall prescribe regulations appropriate for the implementation of this subchapter. (b) CONTENTS.—The regulations— (1) shall include appropriate provisions to ensure that concession services and facilities to be provided in a System unit are not seg- mented or otherwise split into separate con- cession contracts for the purposes of seeking to reduce anticipated annual gross receipts of a concession contract below $500,000; and (2) shall further define the term ‘‘United States Indian, Alaskan Native, and Native Ha- waiian handicrafts’’ for the purposes of this subchapter. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3151.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101926 ......... 16 U.S.C. 5965. Pub. L. 105–391, title IV, § 417, Nov. 13, 1998, 112 Stat. 3516. The words ‘‘As soon as practicable after the effective date of this subchapter’’ are omitted as obsolete. SUBCHAPTER III—COMMERCIAL SERVICES AUTHORIZATION Sec.1 101931. Contract authority. 101932. Award of commercial services contracts. 101933. Term of commercial services contracts. 101934. Capital improvements. 101935. Financial management. 101936. Regulations. 101937. Savings provision. 101938. Sunset. Editorial Notes CODIFICATION The table of sections for subchapter III is set out pre- ceding section 101931 as enacted by Pub. L. 114–289, and not as part of the chapter analysis preceding section 101901. § 101931. Contract authority (a) GENERAL AUTHORITY.—Notwithstanding subchapter II, the Secretary may award and ad- minister commercial services contracts (and re- lated professional services contracts) for the op- eration and expansion of commercial visitor fa- cilities and visitor services programs in System units. The commercial services contracts that may be awarded shall be limited to those that are necessary and appropriate for public use and enjoyment of the unit of the System in which they are located, and, that are consistent with the preservation and conservation of the re- sources and values of the unit. (b) ADDITIONAL AUTHORITY.—Contracts may be awarded under subsection (a) without regard to Federal laws and regulations governing procure- ment by Federal agencies, with the exception of laws and regulations related to Federal govern- ment contracts governing working conditions and wage rates, including the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), sections 3141–3144, 3146, and 3147 of title 40, United States Code (commonly known as the ‘‘Davis-Bacon Act’’), and any civil rights provi- sions otherwise applicable thereto. (c) USE OF COMMERCIAL SERVICES CONTRACTS.— (1) IN GENERAL.—The Secretary may issue a commercial services contract under this sub- chapter when the Secretary determines that the contract meets the objectives of expand-

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

16 U.S.C. § 3101 — Congressional statement of purpose

**(a) Establishment of units** In order to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife values, the units described in the following titles are hereby established. **(b) Preservation and protection of scenic, geological, etc., values** It is the intent of Congress in this Act to preserve unrivaled scenic and geological values associated with natural landscapes; to provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, including those species dependent on vast relatively undeveloped areas; to preserve in their natural state extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the resources related to subsistence needs; to protect and preserve historic and archeological sites, rivers, and lands, and to preserve wilderness resource values and related recreational opportunities including but not limited to hiking, canoeing, fishing, and sport hunting, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain opportunities for scientific research and undisturbed ecosystems. **(c) Subsistence way of life for rural residents** It is further the intent and purpose of this Act consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for which each conservation system unit is established, designated, or expanded by or pursuant to this Act, to provide the opportunity for rural residents engaged in a subsistence way

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3101

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

16 U.S.C. § 3101 — Congressional statement of purpose

Page 2231 TITLE 16—CONSERVATION § 3101 Sec. 3214. Alaska gas pipeline. 3215. Public land entries in Alaska. SUBCHAPTER VII—NATIONAL NEED MINERAL ACTIVITY RECOMMENDATION PROCESS 3231. Areas subject to national need recommenda- tion process. 3232. Recommendations of President to Congress. 3233. Expedited Congressional review. Executive Documents EX. ORD. NO. 13580. INTERAGENCY WORKING GROUP ON CO- ORDINATION OF DOMESTIC ENERGY DEVELOPMENT AND PERMITTING IN ALASKA Ex. Ord. No. 13580, July 12, 2011, 76 F.R. 41989, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish an interagency working group to coordinate the efforts of Federal agencies responsible for overseeing the safe and respon- sible development of onshore and offshore energy re- sources and associated infrastructure in Alaska and to help reduce our dependence on foreign oil, it is hereby ordered as follows: SECTION 1. Policy. Interagency coordination is impor- tant for the safe, responsible, and efficient development of oil and natural gas resources in Alaska, both onshore and on the Alaska Outer Continental Shelf (OCS), while protecting human health and the environment, as well as indigenous populations. A number of executive de- partments and agencies (agencies) are charged with en- suring that resource development projects in Alaska comply with health, safety, and environmental protec- tion standards. To formalize and promote ongoing interagency coordination, this order establishes a high- level, interagency working group that will facilitate coordinated and efficient domestic energy development and permitting in Alaska while ensuring that all appli- cable standards are fully met. SEC. 2

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3101

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

16 U.S.C. § 5965 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 105–391, title IV, § 416, Nov. 13, 1998, 112 Stat. 3516, related to promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts. See [section 101924 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101924&num=0&edition=prelim), National Park Service and Related Programs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5965

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

16 U.S.C. § 5965 — Repealed. Pub. L. 113–287, § 7, Dec. 19,

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. § 5965

Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 5965. This identifies an authority to review, not proof of applicability.

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

16 U.S.C. § 5966 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 105–391, title IV, § 417, Nov. 13, 1998, 112 Stat. 3516, related to regulations. See [section 101926 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101926&num=0&edition=prelim), National Park Service and Related Programs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5966

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

16 U.S.C. § 5966 — Repealed. Pub. L. 113–287, § 7, Dec. 19,

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5966

Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 5966. This identifies an authority to review, not proof of applicability.

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

54 U.S.C. § 101926 — Regulations

**(a) In General.—** The Secretary shall prescribe regulations appropriate for the implementation of this subchapter. **(b) Contents.—** The regulations— (1) shall include appropriate provisions to ensure that concession services and facilities to be provided in a System unit are not segmented or otherwise split into separate concession contracts for the purposes of seeking to reduce anticipated annual gross receipts of a concession contract below $500,000; and (2) shall further define the term “United States Indian, Alaskan Native, and Native Hawaiian handicrafts” for the purposes of this subchapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 54 U.S.C. § 101926

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