US Code
SUBCHAPTER II— COMMERCIAL VISITOR SERVICES
§ 101916. Reasonableness of rates and charges

(a)
In General.—
A concession 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).
(b)
Approval by Secretary Required.—
(1)
Factors to consider.—
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 concession 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:
(A)
Length of season.
(B)
Peakloads.
(C)
Average percentage of occupancy.
(D)
Accessibility.
(E)
Availability and costs of labor and materials.
(F)
Type of patronage.
(2)
Rates and charges not to exceed market rates
and charges.—
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 paragraph (1).
(c)
Implementation of Recommendations.—
Not later than 6 months after receiving recommendations from the Advisory
Board regarding concessioner rates and charges to the public, the Secretary
shall implement the recommendations or report to Congress the reasons for not
implementing the recommendations.