54 U.S.C. § 101919 — National Park Service Concessions

Page 54 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101918 unit under concession contracts. The funds credited to the subaccount for a System unit shall be available for expenditure by the Sec- retary, without further appropriation, for use at the System unit for visitor services and for purposes of funding high-priority and urgently necessary resource management programs and operations. The funds credited to a subaccount shall remain available until expended. (3) REDUCTION.—The Secretary may reduce the percentage allocation otherwise applicable under paragraph (2) to a unit or area of the National Park Service for a fiscal year if the Secretary determines that the revenues col- lected at the unit or area exceed the reason- able needs of the unit or area for which ex- penditures may be made for that fiscal year. In no event may a percentage allocation be re- duced below 60 percent. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3146; Pub. L. 118–42, div. E, title I, § 121, Mar. 9, 2024, 138 Stat. 249.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101917 ......... 16 U.S.C. 5956. Pub. L. 105–391, title IV, § 407, Nov. 13, 1998, 112 Stat. 3511. Editorial Notes AMENDMENTS 2024—Subsec. (c)(3). Pub. L. 118–42 added par. (3). § 101918. Transfer or conveyance of concession contracts or leasehold surrender interests (a) APPROVAL OF SECRETARY.—No concession contract or leasehold surrender interest may be transferred, assigned, sold, or otherwise con- veyed or pledged by a concessioner without prior written notification to, and approval by, the Secretary. (b) CONDITIONS.—The Secretary shall approve a transfer or conveyance described in subsection (a) unless the Secretary finds that— (1) the individual, corporation, or other enti- ty seeking to acquire a concession contract is not qualified or able to satisfy the terms and conditions of the concession contract; (2) the transfer or conveyance would have an adverse impact on— (A) the protection, conservation, or preser- vation of the resources of the System unit; or (B) the provision of necessary and appro- priate facilities and services to visitors at reasonable rates and charges; and (3) the terms of the transfer or conveyance are likely, directly or indirectly, to— (A) reduce the concessioner’s opportunity for a reasonable profit over the remaining term of the concession contract; (B) adversely affect the quality of facili- ties and services provided by the conces- sioner; or (C) result in a need for increased rates and charges to the public to maintain the qual- ity of the facilities and services. (c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and conditions of any con- cession contract under this section shall not be subject to modification or open to renegotiation by the Secretary because of a transfer or con- veyance described in subsection (a) unless the transfer or conveyance would have an adverse impact as described in subsection (b)(2). (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3147.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101918 ......... 16 U.S.C. 5957. Pub. L. 105–391, title IV, § 408, Nov. 13, 1998, 112 Stat. 3512. In subsection (b)(1), the word ‘‘other’’ is added for consistency in the subchapter. See section 101926 of the revised title. § 101919. National Park Service Concessions Management Advisory Board (a) ESTABLISHMENT AND PURPOSE.—There is a National Park Service Concessions Management Advisory Board whose purpose shall be to advise the Secretary and Service on matters relating to management of concessions in the System. (b) DUTIES.— (1) ADVICE.—The Advisory Board shall advise on each of the following: (A) Policies and procedures intended to en- sure that services and facilities provided by concessioners— (i) are necessary and appropriate; (ii) meet acceptable standards at reason- able rates with a minimum of impact on System unit resources and values; and (iii) provide the concessioners with a reasonable opportunity to make a profit. (B) Ways to make Service concession pro- grams and procedures more cost effective, more process efficient, less burdensome, and timelier. (2) RECOMMENDATIONS.—The Advisory Board shall make recommendations to the Secretary regarding each of the following: (A) The Service contracting with the pri- vate sector to conduct appropriate elements of concession management. (B) Ways to make the review or approval of concessioner rates and charges to the pub- lic more efficient, less burdensome, and timelier. (C) The nature and scope of products that qualify as Indian, Alaska Native, and Native Hawaiian handicrafts within the meaning of this subchapter. (D) The allocation of concession fees. (3) ANNUAL REPORT.—The Advisory Board shall provide an annual report on its activities to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Sen- ate. (c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory Board shall be appointed on a stag- gered basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary. The Advisory Board shall be com- prised of not more than 7 individuals appointed Page 55 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101921 from among citizens of the United States not in the employment of the Federal Government and not in the employment of or having an interest in a Service concession. Of the 7 members of the Advisory Board— (1) one member shall be privately employed in the hospitality industry and have both broad knowledge of hotel or food service man- agement and experience in the parks and recreation concession business; (2) one member shall be privately employed in the tourism industry; (3) one member shall be privately employed in the accounting industry; (4) one member shall be privately employed in the outfitting and guide industry; (5) one member shall be a State government employee with expertise in park concession management; (6) one member shall be active in promotion of traditional arts and crafts; and (7) one member shall be active in a nonprofit conservation organization involved in parks and recreation programs. (d) SERVICE ON ADVISORY BOARD.—Service of an individual as a member of the Advisory Board shall not be deemed to be service or em- ployment bringing the individual within the provisions of any Federal law relating to con- flicts of interest or otherwise imposing restric- tions, requirements, or penalties in relation to the employment of individuals, the performance of services, or the payment or receipt of com- pensation in connection with claims, pro- ceedings, or matters involving the United States. Service as a member of the Advisory Board shall not be deemed service in an appoint- ive or elective position in the Federal Govern- ment for purposes of section 8344 of title 5 or other comparable provisions of Federal law. (e) TERMINATION.—The Advisory Board shall continue to exist until December 31, 2009. In all other respects, it shall be subject to chapter 10 of title 5. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3147; Pub. L. 117–286, § 4(a)(329), Dec. 27, 2022, 136 Stat. 4342.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101919(a) through (c). 16 U.S.C. 5958(a) through (c). Pub. L. 105–391, title IV, § 409, Nov. 13, 1998, 112 Stat. 3512; Pub. L. 111–11, subtitle VII, subtitle E, § 7403, 123 Stat. 1219. 101919(d) ..... 16 U.S.C. 5958(e). 101919(e) ..... 16 U.S.C. 5958(d). In subsection (b)(2), the text of 16 U.S.C. 5958(b)(2) (last sentence) is omitted as obsolete. In subsection (b)(3), the words ‘‘commencing with the first anniversary of its initial meeting’’ are omitted as obsolete. In subsection (d), the word ‘‘deemed’’ is substituted for ‘‘considered as’’ for consistency in this title and with other titles of the United States Code. Editorial Notes AMENDMENTS 2022—Subsec. (e). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ § 101920. Contracting for services (a) CONTRACTING AUTHORIZED.— (1) MANAGEMENT ELEMENTS FOR WHICH CON- TRACT REQUIRED TO MAXIMUM EXTENT PRAC- TICABLE.—To the maximum extent prac- ticable, the Secretary shall contract with pri- vate entities to conduct or assist in elements of the management of the Service concession program considered by the Secretary to be suitable for non-Federal performance. Those management elements shall include each of the following: (A) Health and safety inspections. (B) Quality control of concession oper- ations and facilities. (C) Strategic capital planning for conces- sion facilities. (D) Analysis of rates and charges to the public. (2) MANAGEMENT ELEMENTS FOR WHICH CON- TRACT ALLOWED.—The Secretary may also con- tract with private entities to assist the Sec- retary with each of the following: (A) Preparation of the financial aspects of prospectuses for Service concession con- tracts. (B) Development of guidelines for a Sys- tem capital improvement and maintenance program for all concession occupied facili- ties. (C) Making recommendations to the Direc- tor regarding the conduct of annual audits of concession fee expenditures. (b) OTHER MANAGEMENT ELEMENTS.—The Sec- retary shall consider, taking into account the recommendations of the Advisory Board, con- tracting out other elements of the concessions management program, as appropriate. (c) AUTHORITY OF SECRETARY NOT DIMIN- ISHED.—Nothing in this section shall diminish the governmental responsibilities and authority of the Secretary to administer concession con- tracts and activities pursuant to this subchapter and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of this title. The Secretary reserves the right to make the final decision or contract approval on con- tracting services dealing with the management of the Service concessions program under this section. (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) 101920 ......... 16 U.S.C. 5959. Pub. L. 105–391, title IV, § 410, Nov. 13, 1998, 112 Stat. 3514. § 101921. Multiple contracts within a System unit If multiple concession contracts are awarded to authorize concessioners to provide the same or similar outfitting, guiding, river running, or other similar services at the same approximate location or resource within a System unit, the Secretary shall establish a comparable franchise fee structure for those contracts or similar con- tracts, except that the terms and conditions of any existing concession contract shall not be