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Title 54 — National Park Service and Related ProgramsRelease 119-73not60

§101916 Reasonableness of Rates and Charges

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

Last updated Apr 5, 2026|Official source

Summary

Concession contracts must let the concessioner set fair prices for facilities, goods, and services, but those prices need the Secretary’s approval. The Secretary must approve prices quickly and with as little burden as possible, and should rely on market comparisons when it can. Unless the contract says otherwise, fairness is judged mainly by comparing similar services and by looking at season length, peak times, occupancy, access, labor and material costs, and the type of customers. Prices cannot be higher than market rates. If the Advisory Board makes recommendations about prices, the Secretary has 6 months to put them in place or tell Congress why not.

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 5, 2026

Release point: 119-73not60