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Title 54 — National Park Service and Related ProgramsRelease 119-73

§101916 Reasonableness of rates and charges

Title 54 › Subtitle Subtitle I— - National Park System › Chapter CHAPTER 1019— - CONCESSIONS AND COMMERCIAL USE AUTHORIZATIONS › Subchapter SUBCHAPTER II— - COMMERCIAL VISITOR SERVICES › § 101916

Last updated Apr 6, 2026|Official source

Summary

A concession contract must let the concessioner set fair and appropriate prices for facilities, goods, and services sold to the public, but those prices must be approved by the Secretary. The approval should be quick, not create extra burdens for the concessioner, and should use market forces as much as possible to decide if prices are reasonable. Reasonableness is mostly judged by comparing prices to similar offerings under similar conditions and by considering factors such as length of season, peak times, average occupancy, accessibility, availability and cost of labor and materials, and type of customers. Prices cannot be higher than market rates for comparable items after considering these factors. If the Advisory Board makes recommendations about rates, the Secretary must either put them into effect or report to Congress why not within 6 months.

Full Legal Text

Title 54, §101916

National Park Service and Related Programs — Source: USLM XML via OLRC

(a)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)(1)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 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)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10191616 U.S.C. 5955.Pub. L. 105–391, title IV, § 406, Nov. 13, 1998, 112 Stat. 3510.

Reference

Citations & Metadata

Citation

54 U.S.C. § 101916

Title 54 — National Park Service and Related Programs

Last Updated

Apr 6, 2026

Release point: 119-73