54 U.S.C. § 101911 — Definitions

Page 47 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101911 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101703 ......... 16 U.S.C. 1a–2 (mat- ter before (a)). Pub. L. 91–383, § 3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. 16 U.S.C. 1a–2(l). Pub. L. 91–383, § 3(l), as added Pub. L. 105–391, title VIII, § 802(a), Nov. 13, 1998, 112 Stat. 3523. Editorial Notes AMENDMENTS 2025—Pub. L. 118–234 amended section generally. Prior to amendment, section related to cooperative manage- ment agreements. Statutory Notes and Related Subsidiaries AUTHORIZING COOPERATIVE MANAGEMENT AGREEMENTS BETWEEN THE DISTRICT OF COLUMBIA AND THE SEC- RETARY OF THE INTERIOR Pub. L. 116–9, title II, § 2403, Mar. 12, 2019, 133 Stat. 747, provided that: ‘‘The Secretary [of the Interior] may enter into a cooperative management agreement with the District of Columbia in accordance with section 101703 of title 54, United States Code.’’ § 101704. Reimbursable agreements (a) IN GENERAL.—In carrying out work under reimbursable agreements with any State, local, or tribal government, the Secretary, without re- gard to any provision of law or a regulation— (1) may record obligations against accounts receivable from those governments; and (2) shall credit amounts received from those governments to the appropriate account. (b) WHEN AMOUNTS SHALL BE CREDITED.— Amounts shall be credited within 90 days of the date of the original request by the Service for payment. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3137.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101704 ......... 16 U.S.C. 1i. Pub. L. 108–7, div. F, title I (proviso in last undesig- nated par. under heading ‘‘ADMINISTRATIVE PROVI- SIONS’’ under heading ‘‘NATIONAL PARK SERV- ICE’’), Feb. 20, 2003, 117 Stat. 227. The words ‘‘Heretofore and hereafter’’ and ‘‘section 1341 of title 31 or’’ are omitted as unnecessary CHAPTER 1019—CONCESSIONS AND COMMERCIAL USE AUTHORIZATIONS SUBCHAPTER I—AUTHORITY OF SECRETARY Sec. 101901. Utility services. SUBCHAPTER II—COMMERCIAL VISITOR SERVICES 101911. Definitions. 101912. Findings and declaration of policy. 101913. Award of concession contracts. 101914. Term of concession contracts. 101915. Protection of concessioner investment. 101916. Reasonableness of rates and charges. 101917. Franchise fees. 101918. Transfer or conveyance of concession con- tracts or leasehold surrender interests. Sec. 101919. National Park Service Concessions Manage- ment Advisory Board. 101920. Contracting for services. 101921. Multiple contracts within a System unit. 101922. Use of nonmonetary consideration in conces- sion contracts. 101923. Recordkeeping requirements. 101924. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts. 101925. Commercial use authorizations. 101926. Regulations. Editorial Notes CODIFICATION Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1492, added subchapter III of this chapter without cor- responding amendment of chapter analysis. For anal- ysis of subchapter III, see table of sections set out pre- ceding section 101931 of this title. SUBCHAPTER I—AUTHORITY OF SECRETARY § 101901. Utility services To facilitate the administration of the Sys- tem, the Secretary, under such terms and condi- tions as the Secretary considers advisable, may furnish, on a reimbursement of appropriation basis, all types of utility services to conces- sioners, contractors, permittees, or other users of the services, within the System. The reim- bursements for cost of the services may be cred- ited to the appropriation current at the time re- imbursements are received. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3137.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101901 ......... 16 U.S.C. 1b (matter before (1)). Aug. 8, 1953, ch. 384, § 1 (mat- ter before (1)), (4), 67 Stat. 495; Pub. L. 91–383, § 2(a), Aug. 18, 1970, 84 Stat. 826. 16 U.S.C. 1b(4). The words ‘‘and he may use applicable appropriations for the aforesaid system for the following purposes’’ are omitted as unnecessary. SUBCHAPTER II—COMMERCIAL VISITOR SERVICES § 101911. Definitions In this subchapter: (1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the National Park Service Con- cessions Management Advisory Board estab- lished under section 101919 of this title. (2) PREFERENTIAL RIGHT OF RENEWAL.—The term ‘‘preferential right of renewal’’ means the right of a concessioner, subject to a deter- mination by the Secretary that the facilities or services authorized by a prior contract con- tinue to be necessary and appropriate within the meaning of section 101912 of this title, to match the terms and conditions of any com- peting proposal that the Secretary determines to be the best proposal for a proposed new con- cession contract that authorizes the continu- ation of the facilities and services provided by the concessioner under its prior contract. Page 48 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101912 (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3138.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101911(1) ..... no source. 101911(2) ..... 16 U.S.C. 5952(7)(C). Pub. L. 105–391, title IV, § 403(7)(C), Nov. 13, 1998, 112 Stat. 3506. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 105–391, title IV, § 419, Nov. 13, 1998, 112 Stat. 3517, provided that: ‘‘(a) TREATMENT OF GLACIER BAY CONCESSION PERMITS PROSPECTUS.—Nothing contained in this title [enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in sections 101911 et seq. and 101524 of this title, amending former sections 1a–7 and 3 of Title 16, repealing section 17b–1 and sub- chapter IV of chapter 1 of Title 16, and enacting provi- sions set out as notes under this section and sections 100101 and 101912 of this title] shall authorize or require the Secretary to withdraw, revise, amend, modify, or reissue the February 19, 1998, Prospectus Under Which Concession Permits Will be Open for Competition for the Operation of Cruise Ship Services Within Glacier Bay National Park and Preserve (in this section re- ferred to as the ‘1998 Glacier Bay Prospectus’). The award of concession permits pursuant to the 1998 Gla- cier Bay Prospectus shall be under provisions of exist- ing law at the time the 1998 Glacier Bay Prospectus was issued. ‘‘(b) PREFERENTIAL RIGHT OF RENEWAL.—Notwith- standing any provision of this title, the Secretary, in awarding future Glacier Bay cruise ship concession per- mits covering cruise ship entries for which a pref- erential right of renewal existed prior to the effective date of this title [probably means the date of enact- ment of title IV of Pub. L. 105–391, which was approved Nov. 13, 1998], shall provide for such cruise ship entries a preferential right of renewal, as described in subpara- graphs (C) and (D) of section 403(7) [see 54 U.S.C. 101911(2), 101913(7)(C)]. Any Glacier Bay concession per- mit awarded under the authority contained in this sub- section shall expire by December 31, 2009.’’ ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT Pub. L. 105–391, title IV, § 415(c), Nov. 13, 1998, 112 Stat. 3516, provided that: ‘‘Nothing in this title [enact- ing former sections 5951 to 5966 of Title 16, Conserva- tion, which were repealed and restated in sections 101911 et seq. and 101524 of this title, amending former sections 1a–7 and 3 of Title 16, repealing section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and sec- tions 100101 and 101912 of this title] amends, supersedes, or otherwise affects any provision of the Alaska Na- tional Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to revenue-producing visitor services.’’ § 101912. Findings and declaration of policy (a) FINDINGS.—In furtherance of section 100101(a), Congress finds that the preservation and conservation of System unit resources and values requires that public accommodations, fa- cilities, and services that have to be provided within those System units should be provided only under carefully controlled safeguards against unregulated and indiscriminate use, so that— (1) visitation will not unduly impair those resources and values; and (2) development of public accommodations, facilities, and services within System units can best be limited to locations that are con- sistent to the highest practicable degree with the preservation and conservation of the re- sources and values of the System units. (b) DECLARATION OF POLICY.—It is the policy of Congress that the development of public accom- modations, facilities, and services in System units shall be limited to accommodations, facili- ties, and services that— (1) are necessary and appropriate for public use and enjoyment of the System unit in which they are located; and (2) are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System unit. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3138.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101912 ......... 16 U.S.C. 5951. Pub. L. 105–391, title IV, § 402, Nov. 13, 1998, 112 Stat. 3503. In subsection (a), the words ‘‘section 100101(a)’’ are substituted for ‘‘sections 1, 2, 3, and 4 of this title, which directs the Secretary to administer units of the National Park System in accordance with the funda- mental purpose of conserving their scenery, wildlife, and natural and historic objects, and providing for their enjoyment in a manner that will leave them unimpaired for the enjoyment of future generations’’ to give a more precise cross reference because section 100101(a) of the new title is where that direction to the Secretary is restated. Statutory Notes and Related Subsidiaries REPEAL OF NATIONAL PARK SERVICE CONCESSIONS POLICY ACT; SAVINGS PROVISION Pub. L. 105–391, title IV, § 415(a), Nov. 13, 1998, 112 Stat. 3515, provided that: ‘‘Public Law 89–249 (com- monly known as the National Park Service Concessions Policy Act; 16 U.S.C. 20 et seq.) is repealed. The repeal of such Act shall not affect the validity of any conces- sions contract or permit entered into under such Act, but the provisions of this title [enacting former sec- tions 5951 to 5966 of Title 16, Conservation, which were repealed and restated in sections 101911 et seq. and 101524 of this title, amending former sections 1a–7 and 3 of Title 16, repealing section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and sections 100101 and 101911 of this title] shall apply to any such contract or permit except to the extent such provisions are incon- sistent with the terms and conditions of any such con- tract or permit. References in this title to concessions contracts awarded under authority of such Act also apply to concessions permits awarded under such au- thority.’’ § 101913. Award of concession contracts In furtherance of the findings and policy stat- ed in section 101912 of this title, and except as provided by this subchapter or otherwise author- ized by law, the Secretary shall utilize conces- sion contracts to authorize a person, corpora- tion, or other entity to provide accommoda- tions, facilities, and services to visitors to Sys- tem units. Concession contracts shall be award- ed as follows: (1) COMPETITIVE SELECTION PROCESS.—Except as otherwise provided in this section, all pro- posed concession contracts shall be awarded