US Code
SUBCHAPTER II— COMMERCIAL VISITOR SERVICES
§ 101925. Commercial use authorizations

(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 federally-owned 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.