
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC5952]

 
                         TITLE 16--CONSERVATION
 
              CHAPTER 79--NATIONAL PARK SERVICE MANAGEMENT
 
      SUBCHAPTER III--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
 
Sec. 5952. Award of concessions contracts

    In furtherance of the findings and policy stated in section 5951 of 
this title, and except as provided by this subchapter or otherwise 
authorized by law, the Secretary shall utilize concessions contracts to 
authorize a person, corporation, or other entity to provide 
accommodations, facilities, and services to visitors to units of the 
National Park System. Such concessions contracts shall be awarded as 
follows:

                  (1) Competitive selection process

        Except as otherwise provided in this section, all proposed 
    concessions contracts shall be awarded by the Secretary to the 
    person, corporation, or other entity submitting the best proposal, 
    as determined by the Secretary through a competitive selection 
    process. Such competitive process shall include simplified 
    procedures for small, individually-owned, concessions contracts.

                    (2) Solicitation of proposals

        Except as otherwise provided in this section, prior to awarding 
    a new concessions contract (including renewals or extensions of 
    existing concessions contracts) the Secretary shall publicly solicit 
    proposals for the concessions contract and, in connection with such 
    solicitation, the Secretary shall prepare a prospectus and shall 
    publish notice of its availability at least once in local or 
    national newspapers or trade publications, and/or the Commerce 
    Business Daily, as appropriate, and shall make the prospectus 
    available upon request to all interested parties.

                           (3) Prospectus

        The prospectus shall include the following information:
            (A) The minimum requirements for such contract as set forth 
        in paragraph (4).
            (B) The terms and conditions of any existing concessions 
        contract relating to the services and facilities to be provided, 
        including all fees and other forms of compensation provided to 
        the United States by the concessioner.
            (C) Other authorized facilities or services which may be 
        provided in a proposal.
            (D) Facilities and services to be provided by the Secretary 
        to the concessioner, if any, including public access, utilities, 
        and buildings.
            (E) An estimate of the amount of compensation, if any, due 
        an existing concessioner from a new concessioner under the terms 
        of a prior concessions contract.
            (F) A statement as to the weight to be given to each 
        selection factor identified in the prospectus and the relative 
        importance of such factors in the selection process.
            (G) Such other information related to the proposed 
        concessions operation as is provided to the Secretary pursuant 
        to a concessions contract or is otherwise available to the 
        Secretary, as the Secretary determines is necessary to allow for 
        the submission of competitive proposals.
            (H) Where applicable, a description of a preferential right 
        to the renewal of the proposed concessions contract held by an 
        existing concessioner as set forth in paragraph (7).

                      (4) Minimum requirements

        (A) No proposal shall be considered which fails to meet the 
    minimum requirements as determined by the Secretary. Such minimum 
    requirements shall include the following:
            (i) The minimum acceptable franchise fee or other forms of 
        consideration to the Government.
            (ii) Any facilities, services, or capital investment 
        required to be provided by the concessioner.
            (iii) Measures necessary to ensure the protection, 
        conservation, and preservation of resources of the unit of the 
        National Park System.

        (B) The Secretary shall reject any proposal, regardless of the 
    franchise fee offered, if the Secretary determines that the person, 
    corporation, or entity is not qualified, is not likely to provide 
    satisfactory service, or that the proposal is not responsive to the 
    objectives of protecting and preserving resources of the unit of the 
    National Park System and of providing necessary and appropriate 
    facilities and services to the public at reasonable rates.
        (C) If all proposals submitted to the Secretary either fail to 
    meet the minimum requirements or are rejected by the Secretary, the 
    Secretary shall establish new minimum contract requirements and re-
    initiate the competitive selection process pursuant to this section.
        (D) The Secretary may not execute a concessions contract which 
    materially amends or does not incorporate the proposed terms and 
    conditions of the concessions contract as set forth in the 
    applicable prospectus. If proposed material amendments or changes 
    are considered appropriate by the Secretary, the Secretary shall 
    resolicit offers for the concessions contract incorporating such 
    material amendments or changes.

                 (5) Selection of the best proposal

        (A) In selecting the best proposal, the Secretary shall consider 
    the following principal factors:
            (i) The responsiveness of the proposal to the objectives of 
        protecting, conserving, and preserving resources of the unit of 
        the National Park System and of providing necessary and 
        appropriate facilities and services to the public at reasonable 
        rates.
            (ii) The experience and related background of the person, 
        corporation, or entity submitting the proposal, including the 
        past performance and expertise of such person, corporation or 
        entity in providing the same or similar facilities or services.
            (iii) The financial capability of the person, corporation, 
        or entity submitting the proposal.
            (iv) The proposed franchise fee, except that consideration 
        of revenue to the United States shall be subordinate to the 
        objectives of protecting, conserving, and preserving resources 
        of the unit of the National Park System and of providing 
        necessary and appropriate facilities to the public at reasonable 
        rates.

        (B) The Secretary may also consider such secondary factors as 
    the Secretary deems appropriate.
        (C) In developing regulations to implement this subchapter, the 
    Secretary shall consider the extent to which plans for employment of 
    Indians (including Native Alaskans) and involvement of businesses 
    owned by Indians, Indian tribes, or Native Alaskans in the operation 
    of a concession, contracts should be identified as a factor in the 
    selection of a best proposal under this section.

                   (6) Congressional notification

        The Secretary shall submit any proposed concessions contract 
    with anticipated annual gross receipts in excess of $5,000,000 or a 
    duration of more than 10 years to the Committee on Resources of the 
    House of Representatives and the Committee on Energy and Natural 
    Resources of the Senate. The Secretary shall not award any such 
    proposed contract until at least 60 days subsequent to the 
    notification of both committees.

                  (7) Preferential right of renewal

        (A) Except as provided in subparagraph (B), the Secretary shall 
    not grant a concessioner a preferential right to renew a concessions 
    contract, or any other form of preference to a concessions contract.
        (B) The Secretary shall grant a preferential right of renewal to 
    an existing concessioner with respect to proposed renewals of the 
    categories of concessions contracts described by paragraph (8), 
    subject to the requirements of that paragraph.
        (C) As used in this subchapter, the term ``preferential right of 
    renewal'' means that the Secretary, subject to a determination by 
    the Secretary that the facilities or services authorized by a prior 
    contract continue to be necessary and appropriate within the meaning 
    of section 5951 of this title, shall allow a concessioner qualifying 
    for a preferential right of renewal the opportunity to match the 
    terms and conditions of any competing proposal which the Secretary 
    determines to be the best proposal for a proposed new concessions 
    contract which authorizes the continuation of the facilities and 
    services provided by the concessioner under its prior contract.
        (D) A concessioner which successfully exercises a preferential 
    right of renewal in accordance with the requirements of this 
    subchapter shall be entitled to award of the proposed new 
    concessions contract to which such preference applies.

        (8) Outfitter and guide services and small contracts

        (A) The provisions of paragraph (7) shall apply only to the 
    following:
            (i) Subject to subparagraph (B), outfitting and guide 
        concessions contracts.
            (ii) Subject to subparagraph (C), concessions contracts with 
        anticipated annual gross receipts under $500,000.

        (B) For the purposes of this subchapter, an ``outfitting and 
    guide concessions contract'' means a concessions contract which 
    solely authorizes the provision of specialized backcountry outdoor 
    recreation guide services which require the employment of specially 
    trained and experienced guides to accompany park visitors in the 
    backcountry so as to provide a safe and enjoyable experience for 
    visitors who otherwise may not have the skills and equipment to 
    engage in such activity. Outfitting and guide concessioners, where 
    otherwise qualified, include concessioners which provide guided 
    river running, hunting, fishing, horseback, camping, and 
    mountaineering experiences. An outfitting and guide concessioner is 
    entitled to a preferential right of renewal under this subchapter 
    only if--
            (i) the contract with the outfitting and guide concessioner 
        does not grant the concessioner any interest, including any 
        leasehold surrender interest or possessory interest, in capital 
        improvements on lands owned by the United States within a unit 
        of the National Park System, other than a capital improvement 
        constructed by a concessioner pursuant to the terms of a 
        concessions contract prior to November 13, 1998, or constructed 
        or owned by a concessioner or his or her predecessor before the 
        subject land was incorporated into the National Park System;
            (ii) the Secretary determines that the concessioner has 
        operated satisfactorily during the term of the contract 
        (including any extension thereof); and
            (iii) the concessioner has submitted a responsive proposal 
        for a proposed new contract which satisfies the minimum 
        requirements established by the Secretary pursuant to paragraph 
        (4).

        (C) A concessioner that holds a concessions contract that the 
    Secretary estimates will result in gross annual receipts of less 
    than $500,000 if renewed shall be entitled to a preferential right 
    of renewal under this subchapter if--
            (i) the Secretary has determined that the concessioner has 
        operated satisfactorily during the term of the contract 
        (including any extension thereof); and
            (ii) the concessioner has submitted a responsive proposal 
        for a proposed new concessions contract which satisfies the 
        minimum requirements established by the Secretary pursuant to 
        paragraph (4).

                   (9) New or additional services

        The Secretary shall not grant a preferential right to a 
    concessioner to provide new or additional services in a unit of the 
    National Park System.

                     (10) Secretarial authority

        Nothing in this subchapter shall be construed as limiting the 
    authority of the Secretary to determine whether to issue a 
    concessions contract or to establish its terms and conditions in 
    furtherance of the policies expressed in this subchapter.

                           (11) Exceptions

        Notwithstanding the provisions of this section, the Secretary 
    may award, without public solicitation, the following:
            (A) A temporary concessions contract or an extension of an 
        existing concessions contract for a term not to exceed 3 years 
        in order to avoid interruption of services to the public at a 
        unit of the National Park System, except that prior to making 
        such an award, the Secretary shall take all reasonable and 
        appropriate steps to consider alternatives to avoid such 
        interruption.
            (B) A concessions contract in extraordinary circumstances 
        where compelling and equitable considerations require the award 
        of a concessions contract to a particular party in the public 
        interest. Such award of a concessions contract shall not be made 
        by the Secretary until at least 30 days after publication in the 
        Federal Register of notice of the Secretary's intention to do so 
        and the reasons for such action, and submission of notice to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Resources of the House of Representatives.

(Pub. L. 105-391, title IV, Sec. 403, Nov. 13, 1998, 112 Stat. 3504.)

                       References in Text

    This subchapter, referred to in text, was in the original ``this 
title'', meaning title IV of Pub. L. 105-391, Nov. 13, 1998, 112 Stat. 
3503, which is classified principally to this subchapter. For complete 
classification of title IV to the Code, see Short Title note set out 
under section 5901 of this title and Tables.
