
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: 16USC5955]

 
                         TITLE 16--CONSERVATION
 
              CHAPTER 79--NATIONAL PARK SERVICE MANAGEMENT
 
      SUBCHAPTER III--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
 
Sec. 5955. Reasonableness of rates


(a) In general

    Each concessions contract shall permit the concessioner to set 
reasonable and appropriate rates and charges for facilities, goods, and 
services provided to the public, subject to approval under subsection 
(b) of this section.

(b) Approval by Secretary required

    A concessioner's rates and charges to the public shall be subject to 
approval by the Secretary. The approval process utilized by the 
Secretary shall be as prompt and as unburdensome to the concessioner as 
possible and shall rely on market forces to establish reasonableness of 
rates and charges to the maximum extent practicable. The Secretary shall 
approve rates and charges that the Secretary determines to be reasonable 
and appropriate. Unless otherwise provided in the contract, the 
reasonableness and appropriateness of rates and charges shall be 
determined primarily by comparison with those rates and charges for 
facilities, goods, and services of comparable character under similar 
conditions, with due consideration to the following factors and other 
factors deemed relevant by the Secretary: length of season, peakloads, 
average percentage of occupancy, accessibility, availability and costs 
of labor and materials, and type of patronage. Such rates and charges 
may not exceed the market rates and charges for comparable facilities, 
goods, and services, after taking into account the factors referred to 
in the preceding sentence.

(c) Implementation of recommendations

    Not later than 6 months after receiving recommendations from the 
Advisory Board established under section 5958(a) of this title regarding 
concessioner rates and charges to the public, the Secretary shall 
implement the recommendations or report to the Congress the reasons for 
not implementing the recommendations.

(Pub. L. 105-391, title IV, Sec. 406, Nov. 13, 1998, 112 Stat. 3510.)
