§101931 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

The Secretary can award and run commercial contracts and related professional service contracts to operate and expand visitor facilities and visitor services in units of the System. These contracts must be needed for the public to use and enjoy the site and must protect the site's natural and cultural resources. The usual federal procurement rules can be set aside for these contracts, except laws about worker conditions and wages, including the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), the Davis‑Bacon provisions (40 U.S.C. 3141–3144, 3146, and 3147), and any applicable civil rights laws. The Secretary may only award these contracts to expand, modernize, or improve facilities and services. Contracts cannot be used for outfitter and guide services described in section 101913(8), nor to give facilities or services that an existing concessioner has a preferential right to renew under sections 101911 and 101913.

Title 54, §101931

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

(a)Notwithstanding subchapter II, the Secretary may award and administer commercial services contracts (and related professional services contracts) for the operation and expansion of commercial visitor facilities and visitor services programs in System units. The commercial services contracts that may be awarded shall be limited to those that are necessary and appropriate for public use and enjoyment of the unit of the System in which they are located, and, that are consistent with the preservation and conservation of the resources and values of the unit.

(b)Contracts may be awarded under subsection (a) without regard to Federal laws and regulations governing procurement by Federal agencies, with the exception of laws and regulations related to Federal government contracts governing working conditions and wage rates, including the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), section 3141–3144, 3146, and 3147 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), and any civil rights provisions otherwise applicable thereto.

(c)(1)The Secretary may issue a commercial services contract under this subchapter when the Secretary determines that the contract meets the objectives of expanding, modernizing, and improving the condition of commercial visitor facilities and the services provided to visitors.

(2)No contracts may be awarded under this subchapter—

(A)for the provision of outfitter and guide services described in section 101913(8); or

(B)to authorize the provision of facilities or services for which the Secretary has granted to an existing concessioner a preferential right of renewal as defined in section 101911 and 101913.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Alaska National Interest Lands Conservation Act, referred to in subsec. (b), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see

Short Title

note set out under section 3101 of Title 16, Conservation, and Tables.

§101931 Contract authority