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Title 54, National Park Service and Related ProgramsRelease 119-110

§101916 Reasonableness of Rates and Charges

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

Last updated Sep 22, 2026|Official source

Summary

A concession contract must let the concessioner set fair prices for the facilities, goods, and and services they offer to the public, but the Secretary must approve those prices. The Secretary’s approval must be quick and not burdensome and should use market forces when possible. Prices will be approved if the Secretary finds them fair, mainly by comparing them to similar services in similar conditions and by looking at things like season length, peak demand, average occupancy, accessibility, labor and material costs, and the type of visitors. Prices cannot be higher than what the market charges for comparable services after considering those factors. If the Advisory Board makes recommendations about prices, the Secretary must follow them within 6 months or report to Congress why they were not followed.

Full Legal Text

Title 54, §101916

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

(a)In General.—
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)Approval by Secretary Required.—
(1)Factors to consider.—
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 not to exceed market rates and charges.—
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)Implementation of Recommendations.—
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

Sep 22, 2026

Release point: 119-110