
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: 16USC5966]

 
                         TITLE 16--CONSERVATION
 
              CHAPTER 79--NATIONAL PARK SERVICE MANAGEMENT
 
      SUBCHAPTER III--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
 
Sec. 5966. Commercial use authorizations


(a) In general

    To the extent specified in this section, the Secretary, upon 
request, may authorize a private person, corporation, or other entity to 
provide services to visitors to units of the National Park System 
through a commercial use authorization. Such authorizations shall not be 
considered as concessions contracts pursuant to this subchapter nor 
shall other sections of this subchapter be applicable to such 
authorizations except where expressly so stated.

(b) Criteria for issuance of authorizations

                     (1) Required determinations

        The authority of this section may be used only to authorize 
    provision of services that the Secretary determines will have 
    minimal impact on resources and values of the unit of the National 
    Park System and are consistent with the purpose for which the unit 
    was established and with all applicable management plans and park 
    policies and regulations.

                    (2) Elements of authorization

        The Secretary shall--
            (A) require payment of a reasonable fee for issuance of an 
        authorization under this section, such fees to remain available 
        without further appropriation to be used, at a minimum, to 
        recover associated management and administrative costs;
            (B) require that the provision of services under such an 
        authorization be accomplished in a manner consistent to the 
        highest practicable degree with the preservation and 
        conservation of park resources and values;
            (C) take appropriate steps to limit the liability of the 
        United States arising from the provision of services under such 
        an authorization; and
            (D) have no authority under this section to issue more 
        authorizations than are consistent with the preservation and 
        proper management of park resources and values, and shall 
        establish such other conditions for issuance of such an 
        authorization as the Secretary determines appropriate for the 
        protection of visitors, provision of adequate and appropriate 
        visitor services, and protection and proper management of the 
        resources and values of the park.

(c) Limitations

    Any authorization issued under this section shall be limited to--
        (1) commercial operations with annual gross receipts of not more 
    than $25,000 resulting from services originating and provided solely 
    within a unit of the National Park System pursuant to such 
    authorization;
        (2) the incidental use of resources of the unit by commercial 
    operations which provide services originating and terminating 
    outside of the boundaries of the unit; or
        (3) such uses by organized children's camps, outdoor clubs and 
    nonprofit institutions (including back country use) and such other 
    uses as the Secretary determines appropriate.

Nonprofit institutions are not required to obtain commercial use 
authorizations unless taxable income is derived by the institution from 
the authorized use.

(d) Prohibition on construction

    An authorization issued under this section shall not provide for the 
construction of any structure, fixture, or improvement on federally-
owned lands within the boundaries of a unit of the National Park System.

(e) Duration

    The term of any authorization issued under this section shall not 
exceed 2 years. No preferential right of renewal or similar provisions 
for renewal shall be granted by the Secretary.

(f) Other contracts

    A person, corporation, or other entity seeking or obtaining an 
authorization pursuant to this section shall not be precluded from also 
submitting proposals for concessions contracts.

(Pub. L. 105-391, title IV, Sec. 418, Nov. 13, 1998, 112 Stat. 3516.)
