§101925 Commercial use authorizations

Summary

The Secretary can let private people or groups offer services to visitors in national park units by giving a commercial use authorization. These authorizations are different from concession contracts and most concession rules do not apply. The services must have only small impact on park resources and must match the park’s purpose, plans, and rules. The Secretary will charge a reasonable fee to issue an authorization and use that money to cover management costs. The provider must run the activity in a way that protects park resources and visitors. The Secretary will also try to limit the United States’ legal liability, set other protective conditions, and not issue more authorizations than the park can handle. Authorizations cannot allow building on federal land. They may cover: small businesses with annual gross receipts of $25,000 or less from services that start and end inside the park; businesses that only use park resources incidentally while operating routes outside the park; and organized children’s camps, outdoor clubs, nonprofits, and other uses the Secretary approves. Nonprofits need an authorization only if they get taxable income from the use. Each authorization lasts no more than 2 years and has no special renewal rights. Seeking or holding one does not stop a person from applying for a concession contract.