54 U.S.C. § 101921 — Multiple contracts within a System unit

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 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;