54 U.S.C. § 101923 — Recordkeeping requirements

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;