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54 U.S.C. § 101925 — Commercial use authorizations

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

54 U.S.C. § 101925 — Commercial use authorizations

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Page 56 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101922 subject to modification or open to renegotiation by the Secretary because of an award of a new contract at the same approximate location or resource. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3149.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101921 ......... 16 U.S.C. 5960. Pub. L. 105–391, title IV, § 411, Nov. 13, 1998, 112 Stat. 3514. § 101922. Use of nonmonetary consideration in concession contracts Section 1302 of title 40 shall not apply to con- cession contracts awarded by the Secretary pur- suant to this subchapter. (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) 101922 ......... 16 U.S.C. 5962. Pub. L. 105–391, title IV, § 413, Nov. 13, 1998, 112 Stat. 3515. The words relating to the leasing of buildings and properties of the United States’’ are omitted as unnec- essary. § 101923. Recordkeeping requirements (a) IN GENERAL.—A concessioner and any sub- concessioner shall keep such records as the Sec- retary may prescribe to enable the Secretary to determine that all terms of a concession con- tract have been and are being faithfully per- formed. The Secretary and any authorized rep- resentative of the Secretary shall, for the pur- pose of audit and examination, have access to those records and to other records of the conces- sioner or subconcessioner pertinent to the con- cession contract and all terms and conditions of the concession contract. (b) ACCESS TO RECORDS BY COMPTROLLER GEN- ERAL.—The Comptroller General and any au- thorized representative of the Comptroller Gen- eral shall, until the expiration of 5 calendar years after the close of the business year of each concessioner or subconcessioner, have access to and the right to examine any pertinent records described in subsection (a) of the concessioner or subconcessioner related to the contract in- volved. (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) 101923 ......... 16 U.S.C. 5963. Pub. L. 105–391, title IV, § 414, Nov. 13, 1998, 112 Stat. 3515. In this section, the word ‘‘duly’’ is omitted as unnec- essary. In subsection (a), the words ‘‘and any subconces- sioner’’ and ‘‘or subconcessioner’’ are added for clarity. See 36 CFR 51.98. The word ‘‘records’’ is substituted for ‘‘books, documents, and papers’’ for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words ‘‘books, papers, docu- ments’’ are omitted as included in ‘‘records’’. The words ‘‘described in subsection (a)’’ are added for clar- ity. § 101924. Promotion of sale of Indian, Alaska Na- tive, Native Samoan, and Native Hawaiian handicrafts (a) IN GENERAL.—Promoting the sale of au- thentic United States Indian, Alaskan Native, Native Samoan, and Native Hawaiian handi- crafts relating to the cultural, historical, and geographic characteristics of System units is encouraged, and the Secretary shall ensure that there is a continuing effort to enhance the hand- icraft trade where it exists and establish the trade in appropriate areas where the trade does not exist. (b) EXEMPTION FROM FRANCHISE FEE.—In fur- therance of the purposes of subsection (a), the revenue derived from the sale of United States Indian, Alaska Native, Native Samoan, and Na- tive Hawaiian handicrafts shall be exempt from any franchise fee payments under this sub- chapter. (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) 101924 ......... 16 U.S.C. 5964. Pub. L. 105–391, title IV, § 416, Nov. 13, 1998, 112 Stat. 3516. § 101925. Commercial use authorizations (a) IN GENERAL.—To the extent specified in this section, the Secretary, on request, may au- thorize a private person, corporation, or other entity to provide services to visitors to System units through a commercial use authorization. A commercial use authorization shall not be considered to be a concession contract under this subchapter and no other section of this sub- chapter shall be applicable to a commercial use authorization except where expressly stated. (b) CRITERIA FOR ISSUANCE OF COMMERCIAL USE AUTHORIZATIONS.— (1) REQUIRED DETERMINATIONS.—The author- ity of this section may be used only to author- ize provision of services that the Secretary de- termines— (A) will have minimal impact on resources and values of a System unit; and (B) are consistent with the purpose for which the System unit was established and with all applicable management plans and Service policies and regulations. (2) ELEMENTS OF COMMERCIAL USE AUTHORIZA- TION.—The Secretary shall— (A) require payment of a reasonable fee for issuance of a commercial use authorization, the fees to remain available without further appropriation to be used, at a minimum, to recover associated management and admin- istrative costs; (B) require that the provision of services under a commercial use authorization be ac- complished in a manner consistent to the highest practicable degree with the preser- vation and conservation of System unit re- sources and values; 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. § 5960 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101920&num=0&edition=prelim), National Park Service and Related Programs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5960

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

16 U.S.C. § 5960 — 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. § 5960

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

16 U.S.C. § 5962 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes 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, title I, § 139, Oct. 11, 2000, 114 Stat. 949; Pub. L. 107–63, title I, § 122, Nov. 5, 2001, 115 Stat. 440, related to special rule for transportation contracting services. Subsec. (a) was repealed and restated in [section 101524 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101524&num=0&edition=prelim), National Park Service and Related Programs. Subsec. (b), relating to obligation of funds received in fiscal year 2002, was repealed as obsolete.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5962

Stored review status: release_metadata_unconfirmed. The source passage cites 16 U.S.C. § 5962. This identifies an authority to review, not proof of applicability.

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

16 U.S.C. § 5962 — Repealed. Pub. L. 113–287, § 7, Dec. 19,

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5962

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

16 U.S.C. § 5963 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 105–391, title IV, § 413, Nov. 13, 1998, 112 Stat. 3515, related to use of nonmonetary consideration in concessions contracts. See [section 101922 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101922&num=0&edition=prelim), National Park Service and Related Programs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5963

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

16 U.S.C. § 5963 — Repealed. Pub. L. 113–287, § 7, Dec. 19,

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5963

Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 5963. This identifies an authority to review, not proof of applicability.

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

16 U.S.C. § 5964 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 105–391, title IV, § 414, Nov. 13, 1998, 112 Stat. 3515, related to recordkeeping requirements. See [section 101923 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101923&num=0&edition=prelim), National Park Service and Related Programs.

Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5964

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

16 U.S.C. § 5964 — Repealed. Pub. L. 113–287, § 7, Dec. 19,

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 5964

Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 5964. This identifies an authority to review, not proof of applicability.