Legislación
US (United States) Code. Title 16. Chapter 79: National Park Service management
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16 USC CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
.
-HEAD-
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
-MISC1-
Sec.
5901. ''Secretary'' defined.
SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,
AND MANAGEMENT
5911. Protection, interpretation, and research in National Park
System.
5912. National Park Service employee training.
5913. Management development and training.
5914. Park budgets and accountability.
(a) Strategic and performance plans for each unit.
(b) Annual budget for each unit.
SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
5931. Purposes.
5932. Research mandate.
5933. Cooperative agreements.
(a) Cooperative study units.
(b) Report.
5934. Inventory and monitoring program.
5935. Availability for scientific study.
(a) In general.
(b) Criteria.
(c) Fee waiver.
(d) Negotiations.
5936. Integration of study results into management decisions.
5937. Confidentiality of information.
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
5951. Congressional findings and statement of policy.
(a) Findings.
(b) Policy.
5952. Award of concessions contracts.
5953. Term of concessions contracts.
5954. Protection of concessioner investment.
(a) Leasehold surrender interest under new
concessions contracts.
(b) Special rule for existing possessory interest.
(c) Transition to successor concessioner.
(d) Title to improvements.
(e) Definitions.
(f) Special reporting requirement.
5955. Reasonableness of rates.
(a) In general.
(b) Approval by Secretary required.
(c) Implementation of recommendations.
5956. Franchise fees.
(a) In general.
(b) Amount of franchise fee.
(c) Special account.
(d) Subaccount for each unit.
5957. Transfer of concessions contracts.
(a) Approval of Secretary.
(b) Conditions.
(c) Transfer terms.
5958. National Park Service Concessions Management Advisory Board.
(a) Establishment.
(b) Duties.
(c) Advisory Board membership.
(d) Termination.
(e) Service on Advisory Board.
5959. Contracting for services.
(a) Contracting authorized.
(b) Other management elements.
(c) Condition.
5960. Multiple contracts within park.
5961. Special rule for transportation contracting services.
(a) In general.
(b) Obligation of funds.
5962. Use of nonmonetary consideration in concessions contracts.
5963. Recordkeeping requirements.
(a) In general.
(b) Access to records.
5964. Promotion of sale of Indian, Alaska Native, Native Samoan,
and Native Hawaiian handicrafts.
(a) In general.
(b) Exemption from franchise fee.
5965. Regulations.
5966. Commercial use authorizations.
(a) In general.
(b) Criteria for issuance of authorizations.
(c) Limitations.
(d) Prohibition on construction.
(e) Duration.
(f) Other contracts.
SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK SYSTEM
5981. Fees.
5982. Distribution of Golden Eagle Passport sales.
SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM
5991. Purposes.
5992. National park passport program.
(a) Program.
(b) Effective period.
(c) Transferability.
5993. Administration.
(a) Stamp design competition.
(b) Sale of passports and stamps.
(c) Use of proceeds.
(d) Agreements.
(e) Fee.
5994. Foreign sales of Golden Eagle Passports.
5995. Effect on other laws and programs.
(a) Park passport not required.
(b) Golden Eagle Passports.
(c) Access.
(d) Limitations.
(e) Exemptions and fees.
SUBCHAPTER VI - MISCELLANEOUS PROVISIONS
6011. United States Park Police.
(a) Appointment of task force.
(b) Submission of report.
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16 USC Sec. 5901 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
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Sec. 5901. ''Secretary'' defined
-STATUTE-
As used in this chapter, the term ''Secretary'' means the
Secretary of the Interior, except as otherwise specifically
provided.
-SOURCE-
(Pub. L. 105-391, Sec. 2, Nov. 13, 1998, 112 Stat. 3498.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original ''this
Act'', meaning Pub. L. 105-391, Nov. 13, 1998, 112 Stat. 3497,
known as the National Parks Omnibus Management Act of 1998. For
complete classification of this Act to the Code, see Short Title
note below and Tables.
-MISC2-
SHORT TITLE
Pub. L. 105-391, Sec. 1(a), Nov. 13, 1998, 112 Stat. 3497,
provided that: ''This Act (enacting this chapter and section 19o of
this title, amending sections 1a-2, 1a-5, 1a-7, and 3 of this
title, repealing section 17b-1 and subchapter IV of chapter 1 of
this title, and enacting provisions set out as notes under this
section and sections 1, 1a-5, 20, 470h-3, and 5951 of this title)
may be cited as the 'National Parks Omnibus Management Act of
1998'.''
Pub. L. 105-391, title IV, Sec. 401, Nov. 13, 1998, 112 Stat.
3503, provided that: ''This title (enacting subchapter III of this
chapter, amending sections 1a-7 and 3 of this title, repealing
section 17b-1 and subchapter IV of chapter 1 of this title, and
enacting provisions set out as a note under section 20 of this
title) may be cited as the 'National Park Service Concessions
Management Improvement Act of 1998'.''
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16 USC SUBCHAPTER I - NATIONAL PARK SERVICE CAREER
DEVELOPMENT, TRAINING, AND MANAGEMENT 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,
AND MANAGEMENT
.
-HEAD-
SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,
AND MANAGEMENT
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16 USC Sec. 5911 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,
AND MANAGEMENT
-HEAD-
Sec. 5911. Protection, interpretation, and research in National
Park System
-STATUTE-
Recognizing the ever increasing societal pressures being placed
upon America's unique natural and cultural resources contained in
the National Park System, the Secretary shall continually improve
the ability of the National Park Service to provide
state-of-the-art management, protection, and interpretation of and
research on the resources of the National Park System.
-SOURCE-
(Pub. L. 105-391, title I, Sec. 101, Nov. 13, 1998, 112 Stat.
3498.)
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16 USC Sec. 5912 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,
AND MANAGEMENT
-HEAD-
Sec. 5912. National Park Service employee training
-STATUTE-
The Secretary shall develop a comprehensive training program for
employees in all professional careers in the work force of the
National Park Service for the purpose of assuring that the work
force has available the best, up-to-date knowledge, skills and
abilities with which to manage, interpret and protect the resources
of the National Park System.
-SOURCE-
(Pub. L. 105-391, title I, Sec. 102, Nov. 13, 1998, 112 Stat.
3498.)
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16 USC Sec. 5913 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,
AND MANAGEMENT
-HEAD-
Sec. 5913. Management development and training
-STATUTE-
Within 2 years after November 13, 1998, the Secretary shall
develop a clear plan for management training and development,
whereby career, professional National Park Service employees from
any appropriate academic field may obtain sufficient training,
experience, and advancement opportunity to enable those qualified
to move into park management positions, including explicitly the
position of superintendent of a unit of the National Park System.
-SOURCE-
(Pub. L. 105-391, title I, Sec. 103, Nov. 13, 1998, 112 Stat.
3498.)
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16 USC Sec. 5914 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER I - NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING,
AND MANAGEMENT
-HEAD-
Sec. 5914. Park budgets and accountability
-STATUTE-
(a) Strategic and performance plans for each unit
Each unit of the National Park System shall prepare and make
available to the public a 5-year strategic plan and an annual
performance plan. Such plans shall reflect the National Park
Service policies, goals, and outcomes represented in the
Service-wide Strategic Plan, prepared pursuant to the provisions of
the Government Performance and Results Act of 1993 (Public Law
103-62; 107 Stat. 285).
(b) Annual budget for each unit
As a part of the annual performance plan for a unit of the
National Park System prepared pursuant to subsection (a) of this
section, following receipt of the appropriation for the unit from
the Operations of the National Park System account (but no later
than January 1 of each year), the superintendent of the unit shall
develop and make available to the public the budget for the current
fiscal year for that unit. The budget shall include, at a minimum,
funding allocations for resource preservation (including resource
management), visitor services (including maintenance,
interpretation, law enforcement, and search and rescue) and
administration. The budget shall also include allocations into
each of the above categories of all funds retained from fees
collected for that year, including (but not limited to) special use
permits, concession franchise fees, and recreation use and entrance
fees.
-SOURCE-
(Pub. L. 105-391, title I, Sec. 104, Nov. 13, 1998, 112 Stat.
3499.)
-REFTEXT-
REFERENCES IN TEXT
The Government Performance and Results Act of 1993, referred to
in subsec. (a), is Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285,
which enacted sections 1115 to 1119, 9703, and 9704 of Title 31,
Money and Finance, section 306 of Title 5, Government Organization
and Employees, and sections 2801 to 2805 of Title 39, Postal
Service, amended section 1105 of Title 31, and enacted provisions
set out as notes under sections 1101 and 1115 of Title 31. For
complete classification of this Act to the Code, see Short Title of
1993 Amendment note set out under section 1101 of Title 31 and
Tables.
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16 USC SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE
INVENTORY AND MANAGEMENT 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
.
-HEAD-
SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
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16 USC Sec. 5931 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
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Sec. 5931. Purposes
-STATUTE-
The purposes of this subchapter are -
(1) to more effectively achieve the mission of the National
Park Service;
(2) to enhance management and protection of national park
resources by providing clear authority and direction for the
conduct of scientific study in the National Park System and to
use the information gathered for management purposes;
(3) to ensure appropriate documentation of resource conditions
in the National Park System;
(4) to encourage others to use the National Park System for
study to the benefit of park management as well as broader
scientific value, where such study is consistent with sections 1,
2, 3, and 4 of this title; and
(5) to encourage the publication and dissemination of
information derived from studies in the National Park System.
-SOURCE-
(Pub. L. 105-391, title II, Sec. 201, Nov. 13, 1998, 112 Stat.
3499.)
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16 USC Sec. 5932 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
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Sec. 5932. Research mandate
-STATUTE-
The Secretary is authorized and directed to assure that
management of units of the National Park System is enhanced by the
availability and utilization of a broad program of the highest
quality science and information.
-SOURCE-
(Pub. L. 105-391, title II, Sec. 202, Nov. 13, 1998, 112 Stat.
3499.)
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16 USC Sec. 5933 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
-HEAD-
Sec. 5933. Cooperative agreements
-STATUTE-
(a) Cooperative study units
The Secretary is authorized and directed to enter into
cooperative agreements with colleges and universities, including
but not limited to land grant schools, in partnership with other
Federal and State agencies, to establish cooperative study units to
conduct multi-disciplinary research and develop integrated
information products on the resources of the National Park System,
or the larger region of which parks are a part.
(b) Report
Within one year of November 13, 1998, the Secretary shall report
to the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the House of
Representatives on progress in the establishment of a comprehensive
network of such college and university based cooperative study
units as will provide full geographic and topical coverage for
research on the resources contained in units of the National Park
System and their larger regions.
-SOURCE-
(Pub. L. 105-391, title II, Sec. 203, Nov. 13, 1998, 112 Stat.
3500.)
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16 USC Sec. 5934 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
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Sec. 5934. Inventory and monitoring program
-STATUTE-
The Secretary shall undertake a program of inventory and
monitoring of National Park System resources to establish baseline
information and to provide information on the long-term trends in
the condition of National Park System resources. The monitoring
program shall be developed in cooperation with other Federal
monitoring and information collection efforts to ensure a
cost-effective approach.
-SOURCE-
(Pub. L. 105-391, title II, Sec. 204, Nov. 13, 1998, 112 Stat.
3500.)
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16 USC Sec. 5935 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
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Sec. 5935. Availability for scientific study
-STATUTE-
(a) In general
The Secretary may solicit, receive, and consider requests from
Federal or non-Federal public or private agencies, organizations,
individuals, or other entities for the use of any unit of the
National Park System for purposes of scientific study.
(b) Criteria
A request for use of a unit of the National Park System under
subsection (a) of this section may only be approved if the
Secretary determines that the proposed study -
(1) is consistent with applicable laws and National Park
Service management policies; and
(2) will be conducted in a manner as to pose no threat to park
resources or public enjoyment derived from those resources.
(c) Fee waiver
The Secretary may waive any park admission or recreational use
fee in order to facilitate the conduct of scientific study under
this section.
(d) Negotiations
The Secretary may enter into negotiations with the research
community and private industry for equitable, efficient
benefits-sharing arrangements.
-SOURCE-
(Pub. L. 105-391, title II, Sec. 205, Nov. 13, 1998, 112 Stat.
3500.)
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16 USC Sec. 5936 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
-HEAD-
Sec. 5936. Integration of study results into management decisions
-STATUTE-
The Secretary shall take such measures as are necessary to assure
the full and proper utilization of the results of scientific study
for park management decisions. In each case in which an action
undertaken by the National Park Service may cause a significant
adverse effect on a park resource, the administrative record shall
reflect the manner in which unit resource studies have been
considered. The trend in the condition of resources of the
National Park System shall be a significant factor in the annual
performance evaluation of each superintendent of a unit of the
National Park System.
-SOURCE-
(Pub. L. 105-391, title II, Sec. 206, Nov. 13, 1998, 112 Stat.
3500.)
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16 USC Sec. 5937 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER II - NATIONAL PARK SYSTEM RESOURCE INVENTORY AND
MANAGEMENT
-HEAD-
Sec. 5937. Confidentiality of information
-STATUTE-
Information concerning the nature and specific location of a
National Park System resource which is endangered, threatened,
rare, or commercially valuable, of mineral or paleontological
objects within units of the National Park System, or of objects of
cultural patrimony within units of the National Park System, may be
withheld from the public in response to a request under section 552
of title 5, unless the Secretary determines that -
(1) disclosure of the information would further the purposes of
the unit of the National Park System in which the resource or
object is located and would not create an unreasonable risk of
harm, theft, or destruction of the resource or object, including
individual organic or inorganic specimens; and
(2) disclosure is consistent with other applicable laws
protecting the resource or object.
-SOURCE-
(Pub. L. 105-391, title II, Sec. 207, Nov. 13, 1998, 112 Stat.
3501.)
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16 USC SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS
MANAGEMENT 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
.
-HEAD-
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
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16 USC Sec. 5951 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5951. Congressional findings and statement of policy
-STATUTE-
(a) Findings
In furtherance of 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 fundamental 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, the Congress
hereby finds that the preservation and conservation of park
resources and values requires that such public accommodations,
facilities, and services as have to be provided within such units
should be provided only under carefully controlled safeguards
against unregulated and indiscriminate use, so that -
(1) visitation will not unduly impair these resources and
values; and
(2) development of public accommodations, facilities, and
services within such units can best be limited to locations that
are consistent to the highest practicable degree with the
preservation and conservation of the resources and values of such
units.
(b) Policy
It is the policy of the Congress that the development of public
accommodations, facilities, and services in units of the National
Park System shall be limited to those accommodations, facilities,
and services that -
(1) are necessary and appropriate for public use and enjoyment
of the unit of the National Park System 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
unit.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 402, Nov. 13, 1998, 112 Stat.
3503.)
-MISC1-
SHORT TITLE
For short title of this subchapter as the ''National Park Service
Concessions Management Improvement Act of 1998'', see section 401
of Pub. L. 105-391, set out as a note under section 5901 of this
title.
SAVINGS PROVISION
Pub. L. 105-391, title IV, Sec. 419, Nov. 13, 1998, 112 Stat.
3517, provided that:
''(a) Treatment of Glacier Bay Concession Permits Prospectus. -
Nothing contained in this title (see Short Title note set out under
section 5901 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
referred to as the '1998 Glacier Bay Prospectus'). The award of
concession permits pursuant to the 1998 Glacier Bay Prospectus
shall be under provisions of existing law at the time the 1998
Glacier Bay Prospectus was issued.
''(b) Preferential Right of Renewal. - Notwithstanding any
provision of this title, the Secretary, in awarding future Glacier
Bay cruise ship concession permits covering cruise ship entries for
which a preferential right of renewal existed prior to the
effective date of this title (probably means the date of enactment
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 subparagraphs (C) and (D) of section
403(7) (16 U.S.C. 5952(7)(C), (D)). Any Glacier Bay concession
permit awarded under the authority contained in this subsection
shall expire by December 31, 2009.''
ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT
Pub. L. 105-391, title IV, Sec. 415(c), Nov. 13, 1998, 112 Stat.
3516, provided that: ''Nothing in this title (see Short Title note
set out under section 5901 of this title) amends, supersedes, or
otherwise affects any provision of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to
revenue-producing visitor services.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5952 of this title.
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16 USC Sec. 5952 01/06/03
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TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5952. Award of concessions contracts
-STATUTE-
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.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 403, Nov. 13, 1998, 112 Stat.
3504.)
-REFTEXT-
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.
-CITE-
16 USC Sec. 5953 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5953. Term of concessions contracts
-STATUTE-
A concessions contract entered into pursuant to this subchapter
shall generally be awarded for a term of 10 years or less.
However, the Secretary may award a contract for a term of up to 20
years if the Secretary determines that the contract terms and
conditions, including the required construction of capital
improvements, warrant a longer term.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 404, Nov. 13, 1998, 112 Stat.
3508; Pub. L. 106-176, title III, Sec. 311, Mar. 10, 2000, 114
Stat. 34.)
-MISC1-
AMENDMENTS
2000 - Pub. L. 106-176, which directed the substitution of
''contract terms and conditions,'' for ''conract terms and
conditions,'', could not be executed because the words ''conract
terms and conditions,'' did not appear.
-CITE-
16 USC Sec. 5954 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5954. Protection of concessioner investment
-STATUTE-
(a) Leasehold surrender interest under new concessions contracts
On or after November 13, 1998, a concessioner that constructs a
capital improvement upon land owned by the United States within a
unit of the National Park System pursuant to a concessions contract
shall have a leasehold surrender interest in such capital
improvement subject to the following terms and conditions:
(1) A concessioner shall have a leasehold surrender interest in
each capital improvement constructed by a concessioner under a
concessions contract, consisting solely of a right to
compensation for the capital improvement to the extent of the
value of the concessioner's leasehold surrender interest in the
capital improvement.
(2) A leasehold surrender interest -
(A) may be pledged as security for financing of a capital
improvement or the acquisition of a concessions contract when
approved by the Secretary pursuant to this subchapter;
(B) shall be transferred by the concessioner in connection
with any transfer of the concessions contract and may be
relinquished or waived by the concessioner; and
(C) shall not be extinguished by the expiration or other
termination of a concessions contract and may not be taken for
public use except on payment of just compensation.
(3) The value of a leasehold surrender interest in a capital
improvement shall be an amount equal to the initial value
(construction cost of the capital improvement), increased (or
decreased) in the same percentage increase (or decrease) as the
percentage increase (or decrease) in the Consumer Price Index,
from the date of making the investment in the capital improvement
by the concessioner to the date of payment of the value of the
leasehold surrender interest, less depreciation of the capital
improvement as evidenced by the condition and prospective
serviceability in comparison with a new unit of like kind.
(4) Effective 9 years after November 13, 1998, the Secretary
may provide, in any particular new concession contract the
Secretary estimates will have a leasehold surrender interest of
more than $10,000,000, that the value of any leasehold surrender
interest in a capital improvement shall be based on either (A) a
reduction on an annual basis, in equal portions, over the same
number of years as the time period associated with the straight
line depreciation of the initial value (construction cost of the
capital improvement), as provided by applicable Federal income
tax laws and regulations in effect on the day before November 13,
1998, or (B) such alternative formula that is consistent with the
objectives of this subchapter. The Secretary may only use such
an alternative formula if the Secretary determines, after
scrutiny of the financial and other circumstances involved in
this particular concession contract (including providing notice
in the Federal Register and opportunity for comment), that such
alternative formula is, compared to the standard method of
determining value provided for in paragraph (3), necessary in
order to provide a fair return to the Government and to foster
competition for the new contract by providing a reasonable
opportunity to make a profit under the new contract. If no
responsive offers are received in response to a solicitation that
includes such an alternative formula, the concession opportunity
shall be resolicited with the leasehold surrender interest value
as described in paragraph (3).
(5) Where a concessioner, pursuant to the terms of a
concessions contract, makes a capital improvement to an existing
capital improvement in which the concessioner has a leasehold
surrender interest, the cost of such additional capital
improvement shall be added to the then current value of the
concessioner's leasehold surrender interest.
(b) Special rule for existing possessory interest
(1) A concessioner which has obtained a possessory interest as
defined pursuant to Public Law 89-249 (commonly known as the
National Park Service Concessions Policy Act; 16 U.S.C. 20 et
seq.), as in effect on the day before November 13, 1998, under the
terms of a concessions contract entered into before November 13,
1998, shall, upon the expiration or termination of such contract,
be entitled to receive compensation for such possessory interest
improvements in the amount and manner as described by such
concessions contract. Where such a possessory interest is not
described in the existing contract, compensation of possessory
interest shall be determined in accordance with the laws in effect
on the day before November 13, 1998.
(2) In the event such prior concessioner is awarded a new
concessions contract after the effective date of this subchapter
replacing an existing concessions contract, the existing
concessioner shall, instead of directly receiving such possessory
interest compensation, have a leasehold surrender interest in its
existing possessory interest improvements under the terms of the
new contract and shall carry over as the initial value of such
leasehold surrender interest (instead of construction cost) an
amount equal to the value of the existing possessory interest as of
the termination date of the previous contract. In the event of a
dispute between the concessioner and the Secretary as to the value
of such possessory interest, the matter shall be resolved through
binding arbitration.
(3) In the event that a new concessioner is awarded a concessions
contract and is required to pay a prior concessioner for possessory
interest in prior improvements, the new concessioner shall have a
leasehold surrender interest in such prior improvements and the
initial value in such leasehold surrender interest (instead of
construction cost), shall be an amount equal to the value of the
existing possessory interest as of the termination date of the
previous contract.
(c) Transition to successor concessioner
Upon expiration or termination of a concessions contract entered
into after the effective date of this subchapter, a concessioner
shall be entitled under the terms of the concessions contract to
receive from the United States or a successor concessioner the
value of any leasehold surrender interest in a capital improvement
as of the date of such expiration or termination. A successor
concessioner shall have a leasehold surrender interest in such
capital improvement under the terms of a new contract and the
initial value of the leasehold surrender interest in such capital
improvement (instead of construction cost) shall be the amount of
money the new concessioner is required to pay the prior
concessioner for its leasehold surrender interest under the terms
of the prior concessions contract.
(d) Title to improvements
Title to any capital improvement constructed by a concessioner on
lands owned by the United States in a unit of the National Park
System shall be vested in the United States.
(e) Definitions
For purposes of this section:
(1) Consumer Price Index
The term ''Consumer Price Index'' means the ''Consumer Price
Index - All Urban Consumers'' published by the Bureau of Labor
Statistics of the Department of Labor, unless such index is not
published, in which case another regularly published
cost-of-living index approximating the Consumer Price Index shall
be utilized by the Secretary; and
(2) Capital improvement
The term ''capital improvement'' means a structure, fixture, or
nonremovable equipment provided by a concessioner pursuant to the
terms of a concessions contract and located on lands of the
United States within a unit of the National Park System.
(f) Special reporting requirement
Not later than 7 years after November 13, 1998, the Secretary
shall submit a report to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House
of Representatives containing a complete analysis of the concession
program as well as -
(1) an assessment of competition in the solicitation of
prospectuses, fair and/or increased return to the Government, and
improvement of concession facilities and infrastructure; and
(2) an assessment of any problems with the management and
administration of the concession program that are a direct result
of the implementation of the provisions of this subchapter.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 405, Nov. 13, 1998, 112 Stat.
3508.)
-REFTEXT-
REFERENCES IN TEXT
The Federal income tax laws, referred to in subsec. (a)(4), are
classified generally to Title 26, Internal Revenue Code.
The National Park Service Concessions Policy Act, referred to in
subsec. (b)(1), is Pub. L. 89-249, Oct. 9, 1965, 79 Stat. 969,
which was classified generally to subchapter IV (Sec. 20 et seq.)
of chapter 1 of this title prior to repeal by Pub. L. 105-391,
title IV, Sec. 415(a), Nov. 13, 1998, 112 Stat. 3515.
The effective date of this subchapter, referred to in subsecs.
(b)(2) and (c), probably means the date of enactment of this
subchapter, which was approved Nov. 13, 1998.
-CITE-
16 USC Sec. 5955 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5955. Reasonableness of rates
-STATUTE-
(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.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 406, Nov. 13, 1998, 112 Stat.
3510.)
-CITE-
16 USC Sec. 5956 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5956. Franchise fees
-STATUTE-
(a) In general
A concessions contract shall provide for payment to the
government of a franchise fee or such other monetary consideration
as determined by the Secretary, upon consideration of the probable
value to the concessioner of the privileges granted by the
particular contract involved. Such probable value shall be based
upon a reasonable opportunity for net profit in relation to capital
invested and the obligations of the contract. Consideration of
revenue to the United States shall be subordinate to the objectives
of protecting and preserving park areas and of providing necessary
and appropriate services for visitors at reasonable rates.
(b) Amount of franchise fee
The amount of the franchise fee or other monetary consideration
paid to the United States for the term of the concessions contract
shall be specified in the concessions contract and may only be
modified to reflect extraordinary unanticipated changes from the
conditions anticipated as of the effective date of the contract.
The Secretary shall include in concessions contracts with a term of
more than 5 years a provision which allows reconsideration of the
franchise fee at the request of the Secretary or the concessioner
in the event of such extraordinary unanticipated changes. Such
provision shall provide for binding arbitration in the event that
the Secretary and the concessioner are unable to agree upon an
adjustment to the franchise fee in these circumstances.
(c) Special account
All franchise fees (and other monetary consideration) paid to the
United States pursuant to concessions contracts shall be deposited
into a special account established in the Treasury of the United
States. Twenty percent of the funds deposited in the special
account shall be available for expenditure by the Secretary,
without further appropriation, to support activities throughout the
National Park System regardless of the unit of the National Park
System in which the funds were collected. The funds deposited into
the special account shall remain available until expended.
(d) Subaccount for each unit
There shall be established within the special account required
under subsection (c) of this section a subaccount for each unit of
the National Park System. Each subaccount shall be credited with 80
percent of the franchise fees (and other monetary consideration)
collected at a single unit of the National Park System under
concessions contracts. The funds credited to the subaccount for a
unit of the National Park System shall be available for expenditure
by the Secretary, without further appropriation, for use at the
unit for visitor services and for purposes of funding high-priority
and urgently necessary resource management programs and
operations. The funds credited to a subaccount shall remain
available until expended.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 407, Nov. 13, 1998, 112 Stat.
3511.)
-CITE-
16 USC Sec. 5957 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5957. Transfer of concessions contracts
-STATUTE-
(a) Approval of Secretary
No concessions contract or leasehold surrender interest may be
transferred, assigned, sold, or otherwise conveyed or pledged by a
concessioner without prior written notification to, and approval
by, the Secretary.
(b) Conditions
The Secretary shall approve a transfer or conveyance described in
subsection (a) of this section unless the Secretary finds that -
(1) the individual, corporation or entity seeking to acquire a
concessions contract is not qualified or able to satisfy the
terms and conditions of the concessions contract;
(2) such transfer or conveyance would have an adverse impact on
(A) the protection, conservation, or preservation of the
resources of the unit of the National Park System or (B) the
provision of necessary and appropriate facilities and services to
visitors at reasonable rates and charges; and
(3) the terms of such transfer or conveyance are likely,
directly or indirectly, to reduce the concessioner's opportunity
for a reasonable profit over the remaining term of the contract,
adversely affect the quality of facilities and services provided
by the concessioner, or result in a need for increased rates and
charges to the public to maintain the quality of such facilities
and services.
(c) Transfer terms
The terms and conditions of any contract under this section shall
not be subject to modification or open to renegotiation by the
Secretary because of a transfer or conveyance described in
subsection (a) of this section, unless such transfer or conveyance
would have an adverse impact as described in paragraph (2) of
subsection (b) of this section.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 408, Nov. 13, 1998, 112 Stat.
3512.)
-CITE-
16 USC Sec. 5958 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5958. National Park Service Concessions Management Advisory
Board
-STATUTE-
(a) Establishment
There is hereby established a National Park Service Concessions
Management Advisory Board (in this subchapter referred to as the
''Advisory Board'') whose purpose shall be to advise the Secretary
and National Park Service on matters relating to management of
concessions in the National Park System.
(b) Duties
(1) Advice
The Advisory Board shall advise on each of the following:
(A) Policies and procedures intended to assure that services
and facilities provided by concessioners are necessary and
appropriate, meet acceptable standards at reasonable rates with
a minimum of impact on park resources and values, and provide
the concessioners with a reasonable opportunity to make a
profit.
(B) Ways to make National Park Service concessions programs
and procedures more cost effective, more process efficient,
less burdensome, and timelier.
(2) Recommendations
The Advisory Board shall make recommendations to the Secretary
regarding each of the following:
(A) National Park Service contracting with the private sector
to conduct appropriate elements of concessions management and
providing recommendations to make more efficient, less
burdensome, and timelier the review or approval of concessioner
rates and charges to the public.
(B) The nature and scope of products which qualify as Indian,
Alaska Native, and Native Hawaiian handicrafts within this
(FOOTNOTE 1) meaning of this subchapter.
(FOOTNOTE 1) So in original. Probably should be ''the''.
(C) The allocation of concession fees.
The initial recommendations under subparagraph (A) relating to
rates and charges shall be submitted to the Secretary not later
than one year after the first meeting of the Board.
(3) Annual report
The Advisory Board, commencing with the first anniversary of
its initial meeting, shall provide an annual report on its
activities to the Committee on Resources of the United States
House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate.
(c) Advisory Board membership
Members of the Advisory Board shall be appointed on a staggered
basis by the Secretary for a term not to exceed 4 years and shall
serve at the pleasure of the Secretary. The Advisory Board shall be
comprised of not more than seven individuals appointed from among
citizens of the United States not in the employment of the Federal
Government and not in the employment of or having an interest in a
National Park Service concession. Of the seven members of the
Advisory Board -
(1) one member shall be privately employed in the hospitality
industry and have both broad knowledge of hotel or food service
management and experience in the parks and recreation concessions
business;
(2) one member shall be privately employed in the tourism
industry;
(3) one member shall be privately employed in the accounting
industry;
(4) one member shall be privately employed in the outfitting
and guide industry;
(5) one member shall be a State government employee with
expertise in park concession management;
(6) one member shall be active in promotion of traditional arts
and crafts; and
(7) one member shall be active in a nonprofit conservation
organization involved in parks and recreation programs.
(d) Termination
The Advisory Board shall continue to exist until December 31,
2008. In all other respects, it shall be subject to the provisions
of the Federal Advisory Committee Act.
(e) Service on Advisory Board
Service of an individual as a member of the Advisory Board shall
not be considered as service or employment bringing such individual
within the provisions of any Federal law relating to conflicts of
interest or otherwise imposing restrictions, requirements, or
penalties in relation to the employment of persons, the performance
of services, or the payment or receipt of compensation in
connection with claims, proceedings, or matters involving the
United States. Service as a member of the Advisory Board shall not
be considered service in an appointive or elective position in the
Government for purposes of section 8344 of title 5 or other
comparable provisions of Federal law.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 409, Nov. 13, 1998, 112 Stat.
3512.)
-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (d),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5955 of this title.
-CITE-
16 USC Sec. 5959 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5959. Contracting for services
-STATUTE-
(a) Contracting authorized
(1) To the maximum extent practicable, the Secretary shall
contract with private entities to conduct or assist in those
elements of the management of the National Park Service concessions
program considered by the Secretary to be suitable for non-Federal
performance. Such management elements include each of the
following:
(A) Health and safety inspections.
(B) Quality control of concessions operations and facilities.
(C) Strategic capital planning for concessions facilities.
(D) Analysis of rates and charges to the public.
(2) The Secretary may also contract with private entities to
assist the Secretary with each of the following:
(A) Preparation of the financial aspects of prospectuses for
National Park Service concessions contracts.
(B) Development of guidelines for a national park system
capital improvement and maintenance program for all concession
occupied facilities.
(C) Making recommendations to the Director of the National Park
Service regarding the conduct of annual audits of concession fee
expenditures.
(b) Other management elements
The Secretary shall also consider, taking into account the
recommendations of the Advisory Board, contracting out other
elements of the concessions management program, as appropriate.
(c) Condition
Nothing in this section shall diminish the governmental
responsibilities and authority of the Secretary to administer
concessions contracts and activities pursuant to this subchapter
and sections 1, 2, 3, and 4 of this title. The Secretary reserves
the right to make the final decision or contract approval on
contracting services dealing with the management of the National
Park Service concessions program under this section.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 410, Nov. 13, 1998, 112 Stat.
3514.)
-CITE-
16 USC Sec. 5960 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5960. Multiple contracts within park
-STATUTE-
If multiple concessions contracts are awarded to authorize
concessioners to provide the same or similar outfitting, guiding,
river running, or other similar services at the same approximate
location or resource within a specific national park, the Secretary
shall establish a comparable franchise fee structure for all such
same or similar contracts, except that the terms and conditions of
any existing concessions contract shall not be 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.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 411, Nov. 13, 1998, 112 Stat.
3514.)
-CITE-
16 USC Sec. 5961 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5961. Special rule for transportation contracting services
-STATUTE-
(a) In general
Notwithstanding any other provision of law, a service contract
entered into by the Secretary for the provision solely of
transportation services in a unit of the National Park System shall
be no more than 10 years in length, including a base period of 5
years and annual extensions for an additional 5-year period based
on satisfactory performance and approval by the Secretary.
(b) Obligation of funds
Notwithstanding any other provision of law, with respect to a
service contract for the provision solely of transportation
services at Zion National Park, the Secretary may obligate the
expenditure of fees received in fiscal year 2002 under section 5981
of this title before the fees are received.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 412, Nov. 13, 1998, 112 Stat.
3515; Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title I, Sec.
143), Nov. 29, 1999, 113 Stat. 1535, 1501A-171; Pub. L. 106-291,
title I, Sec. 139, Oct. 11, 2000, 114 Stat. 949; Pub. L. 107-63,
title I, Sec. 122, Nov. 5, 2001, 115 Stat. 440.)
-MISC1-
AMENDMENTS
2001 - Subsec. (b). Pub. L. 107-63 substituted ''2002'' for
''2001''.
2000 - Subsec. (b). Pub. L. 106-291 substituted ''2001'' for
''2000''.
1999 - Pub. L. 106-113 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
-CITE-
16 USC Sec. 5962 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5962. Use of nonmonetary consideration in concessions
contracts
-STATUTE-
Section 1302 of title 40, relating to the leasing of buildings
and properties of the United States, shall not apply to contracts
awarded by the Secretary pursuant to this subchapter.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 413, Nov. 13, 1998, 112 Stat.
3515.)
-COD-
CODIFICATION
''Section 1302 of title 40'' substituted in text for ''Section
321 of the Act of June 30, 1932 (40 U.S.C. 303b)'' on authority of
Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings,
Property, and Works.
-CITE-
16 USC Sec. 5963 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5963. Recordkeeping requirements
-STATUTE-
(a) In general
Each concessioner shall keep such records as the Secretary may
prescribe to enable the Secretary to determine that all terms of
the concessions contract have been and are being faithfully
performed, and the Secretary and any duly authorized representative
of the Secretary shall, for the purpose of audit and examination,
have access to such records and to other books, documents, and
papers of the concessioner pertinent to the contract and all terms
and conditions thereof.
(b) Access to records
The Comptroller General or any duly authorized representative of
the Comptroller General 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 books, papers, documents and records of the concessioner
or subconcessioner related to the contract or contracts involved.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 414, Nov. 13, 1998, 112 Stat.
3515.)
-CITE-
16 USC Sec. 5964 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5964. Promotion of sale of Indian, Alaska Native, Native
Samoan, and Native Hawaiian handicrafts
-STATUTE-
(a) In general
Promoting the sale of authentic United States Indian, Alaskan
Native, Native Samoan, and Native Hawaiian handicrafts relating to
the cultural, historical, and geographic characteristics of units
of the National Park System is encouraged, and the Secretary shall
ensure that there is a continuing effort to enhance the handicraft
trade where it exists and establish the trade in appropriate areas
where such trade currently does not exist.
(b) Exemption from franchise fee
In furtherance of these purposes, the revenue derived from the
sale of United States Indian, Alaska Native, Native Samoan, and
Native Hawaiian handicrafts shall be exempt from any franchise fee
payments under this subchapter.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 416, Nov. 13, 1998, 112 Stat.
3516.)
-CITE-
16 USC Sec. 5965 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5965. Regulations
-STATUTE-
As soon as practicable after the effective date of this
subchapter, the Secretary shall promulgate regulations appropriate
for its implementation. Among other matters, such regulations
shall include appropriate provisions to ensure that concession
services and facilities to be provided in a unit of the National
Park System are not segmented or otherwise split into separate
concessions contracts for the purposes of seeking to reduce
anticipated annual gross receipts of a concessions contract below
$500,000. The Secretary shall also promulgate regulations which
further define the term ''United States Indian, Alaskan Native, and
Native Hawaiian handicrafts'' for the purposes of this subchapter.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 417, Nov. 13, 1998, 112 Stat.
3516.)
-REFTEXT-
REFERENCES IN TEXT
The effective date of this subchapter, referred to in text,
probably means the date of enactment of this subchapter, which was
approved Nov. 13, 1998.
-CITE-
16 USC Sec. 5966 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
-HEAD-
Sec. 5966. Commercial use authorizations
-STATUTE-
(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.
-SOURCE-
(Pub. L. 105-391, title IV, Sec. 418, Nov. 13, 1998, 112 Stat.
3516.)
-CITE-
16 USC SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK
SYSTEM 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK SYSTEM
.
-HEAD-
SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK SYSTEM
-CITE-
16 USC Sec. 5981 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK SYSTEM
-HEAD-
Sec. 5981. Fees
-STATUTE-
Notwithstanding any other provision of law, where the National
Park Service or an entity under a service contract with the
National Park Service provides transportation to all or a portion
of any unit of the National Park System, the Secretary may impose a
reasonable and appropriate charge to the public for the use of such
transportation services in addition to any admission fee required
to be paid. Collection of both the transportation and admission
fees may occur at the transportation staging area or any other
reasonably convenient location determined by the Secretary. The
Secretary may enter into agreements with public or private
entities, who qualify to the Secretary's satisfaction, to collect
the transportation and admission fee. Such transportation fees
collected as per this section shall be retained by the unit of the
National Park System at which the transportation fee was collected
and the amount retained shall be expended only for costs associated
with the transportation systems at the unit where the charge was
imposed.
-SOURCE-
(Pub. L. 105-391, title V, Sec. 501, Nov. 13, 1998, 112 Stat.
3518.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5961 of this title.
-CITE-
16 USC Sec. 5982 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER IV - FEES FOR USE OF NATIONAL PARK SYSTEM
-HEAD-
Sec. 5982. Distribution of Golden Eagle Passport sales
-STATUTE-
Not later than 6 months after November 13, 1998, the Secretary of
the Interior and the Secretary of Agriculture shall enter into an
agreement providing for an apportionment among each agency of all
proceeds derived from the sale of Golden Eagle Passports by private
vendors. Such proceeds shall be apportioned to each agency on the
basis of the ratio of each agency's total revenue from admission
fees collected during the previous fiscal year to the sum of all
revenue from admission fees collected during the previous fiscal
year for all agencies participating in the Golden Eagle Passport
Program.
-SOURCE-
(Pub. L. 105-391, title V, Sec. 502, Nov. 13, 1998, 112 Stat.
3518.)
-CITE-
16 USC SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM
.
-HEAD-
SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM
-CITE-
16 USC Sec. 5991 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM
-HEAD-
Sec. 5991. Purposes
-STATUTE-
The purposes of this subchapter are -
(1) to develop a national park passport that includes a
collectible stamp to be used for admission to units of the
National Park System; and
(2) to generate revenue for support of the National Park
System.
-SOURCE-
(Pub. L. 105-391, title VI, Sec. 601, Nov. 13, 1998, 112 Stat.
3518.)
-CITE-
16 USC Sec. 5992 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM
-HEAD-
Sec. 5992. National park passport program
-STATUTE-
(a) Program
The Secretary shall establish a national park passport program.
A national park passport shall include a collectible stamp
providing the holder admission to all units of the National Park
System.
(b) Effective period
A national park passport stamp shall be effective for a period of
12 months from the date of purchase.
(c) Transferability
A national park passport and stamp shall not be transferable.
-SOURCE-
(Pub. L. 105-391, title VI, Sec. 602, Nov. 13, 1998, 112 Stat.
3519.)
-CITE-
16 USC Sec. 5993 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM
-HEAD-
Sec. 5993. Administration
-STATUTE-
(a) Stamp design competition
(1) The Secretary shall hold an annual competition for the design
of the collectible stamp to be affixed to the national park
passport.
(2) Each competition shall be open to the public and shall be a
means to educate the American people about the National Park
System.
(b) Sale of passports and stamps
(1) National park passports and stamps shall be sold through the
National Park Service and may be sold by private vendors on
consignment in accordance with guidelines established by the
Secretary.
(2) A private vendor may be allowed to collect a commission on
each national park passport (including stamp) sold, as determined
by the Secretary.
(3) The Secretary may limit the number of private vendors of
national park passports (including stamps).
(c) Use of proceeds
(1) The Secretary may use not more than 15 percent of the
revenues derived from the sale of national park passports
(including stamps) to administer and promote the national park
passport program and the National Park System.
(2) Net proceeds from the sale of national park passports shall
be deposited in a special account in the Treasury of the United
States and shall remain available until expended, without further
appropriation, for high priority visitor service or resource
management projects throughout the National Park System.
(d) Agreements
The Secretary may enter into cooperative agreements with the
National Park Foundation and other interested parties to provide
for the development and implementation of the national park
passport program and the Secretary shall take such actions as are
appropriate to actively market national park passports and stamps.
(e) Fee
The fee for a national park passport and stamp shall be $50.
-SOURCE-
(Pub. L. 105-391, title VI, Sec. 603, Nov. 13, 1998, 112 Stat.
3519; Pub. L. 106-113, div. B, Sec. 1000(a)(3) (title I, Sec.
145), Nov. 29, 1999, 113 Stat. 1535, 1501A-171; Pub. L. 106-176,
title III, Sec. 306, Mar. 10, 2000, 114 Stat. 33.)
-MISC1-
AMENDMENTS
2000 - Subsec. (c)(1). Pub. L. 106-176 directed amendment
identical to amendment by Pub. L. 106-113. See 1999 Amendment note
below.
1999 - Subsec. (c)(1). Pub. L. 106-113 substituted ''15 percent''
for ''10 percent''.
-CITE-
16 USC Sec. 5994 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM
-HEAD-
Sec. 5994. Foreign sales of Golden Eagle Passports
-STATUTE-
The Secretary of Interior shall -
(1) make Golden Eagle Passports issued under section
460l-6a(a)(1)(A) of this title or the Recreational Fee
Demonstration Program authorized by section 315 of the Department
of the Interior and Related Agencies Appropriations Act, 1996
(section 101(c) of Public Law 104-134; 16 U.S.C. 460l-6a note),
available to foreign visitors to the United States; and
(2) make such Golden Eagle Passports available for purchase
outside the United States, through commercial tourism channels
and consulates or other offices of the United States.
-SOURCE-
(Pub. L. 105-391, title VI, Sec. 604, Nov. 13, 1998, 112 Stat.
3519.)
-REFTEXT-
REFERENCES IN TEXT
Section 315 of the Department of the Interior and Related
Agencies Appropriations Act, 1996, referred to in par. (1), is Pub.
L. 104-134, title I, Sec. 101(c) (title III, Sec. 315), Apr. 26,
1996, 110 Stat. 1321-156, 1321-200, as amended, which is set out as
a note under section 460l-6a of this title.
-CITE-
16 USC Sec. 5995 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER V - NATIONAL PARK PASSPORT PROGRAM
-HEAD-
Sec. 5995. Effect on other laws and programs
-STATUTE-
(a) Park passport not required
A national park passport shall not be required for -
(1) a single visit to a national park that charges a single
visit admission fee under section 460l-6a(a)(2) of this title or
the Recreational Fee Demonstration Program authorized by section
315 of the Department of the Interior and Related Agencies
Appropriations Act, 1996 (section 101(c) of Public Law 104-134;
16 U.S.C. 460l-6a note); or
(2) an individual who has obtained a Golden Age or Golden
Access Passport under paragraph (4) or (5) of section 460l-6a(a)
of this title.
(b) Golden Eagle Passports
A Golden Eagle Passport issued under section 460l-6a(a)(1)(A) of
this title or such Recreational Fee Demonstration Program (16
U.S.C. 460l-6a note) shall be honored for admission to each unit of
the National Park System.
(c) Access
A national park passport shall provide access to each unit of the
National Park System under the same conditions, rules, and
regulations as apply to access with a Golden Eagle Passport as of
November 13, 1998.
(d) Limitations
A national park passport may not be used to obtain access to
other Federal recreation fee areas outside of the National Park
System.
(e) Exemptions and fees
A national park passport does not exempt the holder from or
provide the holder any discount on any recreation use fee imposed
under section 460l-6a(b) of this title or such Recreational Fee
Demonstration Program (16 U.S.C. 460l-6a note).
-SOURCE-
(Pub. L. 105-391, title VI, Sec. 605, Nov. 13, 1998, 112 Stat.
3520.)
-REFTEXT-
REFERENCES IN TEXT
Section 315 of the Department of the Interior and Related
Agencies Appropriations Act, 1996, referred to in subsec. (a)(1),
is Pub. L. 104-134, title I, Sec. 101(c) (title III, Sec. 315),
Apr. 26, 1996, 110 Stat. 1321-156, 1321-200, as amended, which is
set out as a note under section 460l-6a of this title.
-CITE-
16 USC SUBCHAPTER VI - MISCELLANEOUS PROVISIONS 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER VI - MISCELLANEOUS PROVISIONS
.
-HEAD-
SUBCHAPTER VI - MISCELLANEOUS PROVISIONS
-CITE-
16 USC Sec. 6011 01/06/03
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER VI - MISCELLANEOUS PROVISIONS
-HEAD-
Sec. 6011. United States Park Police
-STATUTE-
(a) Appointment of task force
Not later than 60 days after November 13, 1998, the Secretary
shall appoint a multidisciplinary task force to fully evaluate the
shortfalls, needs, and requirements of law enforcement programs in
the National Park Service, including a separate analysis for the
United States Park Police, which shall include a review of facility
repair, rehabilitation, equipment, and communication needs.
(b) Submission of report
Not later than one year after November 13, 1998, the Secretary
shall submit to the Committees on Energy and Natural Resources and
Appropriations of the United States Senate and the Committees on
Resources and Appropriations of the United States House of
Representatives a report that includes -
(1) the findings and recommendations of the task force;
(2) complete justifications for any recommendations made; and
(3) a complete description of any adverse impacts that would
occur if any need identified in the report is not met.
-SOURCE-
(Pub. L. 105-391, title VIII, Sec. 801, Nov. 13, 1998, 112 Stat.
3521.)
-CITE-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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