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pdf54 U.S. Code § 101925 Commercial use authorizations
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(a) In General.— To the extent specified in this section, the Secretary, on request, may
authorize a private person, corporation, or other entity to provide services to visitors to System
units through a commercial use authorization. A commercial use authorization shall not be
considered to be a concession contract under this subchapter and no other section of this
subchapter shall be applicable to a commercial use authorization except where expressly stated.
(b) Criteria for Issuance of Commercial Use Authorizations.—
(1) Required determinations.— The authority of this section may be used only to authorize
provision of services that the Secretary determines—
(A)will have minimal impact on resources and values of a System unit; and
(B)are consistent with the purpose for which the System unit was established and with all
applicable management plans and Service policies and regulations.
(2) Elements of commercial use authorization.— The Secretary shall—
(A)require payment of a reasonable fee for issuance of a commercial use authorization, the
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 a commercial use authorization be
accomplished in a manner consistent to the highest practicable degree with the preservation
and conservation of System unit resources and values;
(C)take appropriate steps to limit the liability of the United States arising from the provision
of services under a commercial use authorization;
(D)have no authority under this section to issue more commercial use authorizations than
are consistent with the preservation and proper management of System unit resources and
values; and
(E)shall establish other conditions for issuance of a commercial use authorization that the
Secretary determines to be appropriate for the protection of visitors, provision of adequate
and appropriate visitor services, and protection and proper management of System unit
resources and values.
(c) Limitations.— Any commercial use authorization 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 System unit pursuant to the commercial use
authorization;
(2)the incidental use of resources of the System unit by commercial operations that provide
services originating and terminating outside the boundaries of the System unit; or
(3)
(A)uses by organized children’s camps, outdoor clubs, and nonprofit institutions (including
back country use); and
(B)other uses, as the Secretary determines to be appropriate.
(d) Nonprofit Institutions.— Nonprofit institutions are not required to obtain commercial use
authorizations unless taxable income is derived by the institution from the authorized use.
(e) Prohibition on Construction.— A commercial use authorization shall not provide for the
construction of any structure, fixture, or improvement on federallyowned land within the
boundaries of a System unit.
(f) Duration.— The term of any commercial use authorization shall not exceed 2 years. No
preferential right of renewal or similar provisions for renewal shall be granted by the Secretary.
(g) Other Contracts.— A person, corporation, or other entity seeking or obtaining a commercial
use authorization shall not be precluded from submitting a proposal for concession contracts.
File Type | application/pdf |
File Modified | 2016-04-19 |
File Created | 2016-04-19 |