§101919 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

Creates a National Park Service Concessions Management Advisory Board to advise the Secretary and the National Park Service about running park concessions. The board must give advice on policies so services and facilities are needed, meet acceptable standards at fair prices, do not harm park resources, and let concessioners have a fair chance to earn a profit. It must also suggest ways to make concession programs cheaper, faster, and less burdensome. The board will recommend when the Service should hire private contractors for concession tasks, how to speed up rate reviews, what counts as Indian, Alaska Native, and Native Hawaiian handicrafts, and how concession fees should be allocated. The board must send one annual report to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources. The Secretary appoints up to 7 U.S. citizens to staggered terms of up to 4 years; they serve at the Secretary’s pleasure and may not be federal employees or have interests in a Service concession. Members must include one each from hospitality with park concession experience, tourism, accounting, outfitting/guiding, a State park concession expert, a promoter of traditional arts and crafts, and a nonprofit conservation group. Service on the board is not treated as federal employment for certain conflict or retirement laws. The board exists until December 31, 2009, and otherwise follows chapter 10 of title 5.

Title 54, §101919

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

(a)There is a National Park Service Concessions Management Advisory Board whose purpose shall be to advise the Secretary and Service on matters relating to management of concessions in the System.

(b)(1)The Advisory Board shall advise on each of the following:

(A)Policies and procedures intended to ensure that services and facilities provided by concessioners—

(i)are necessary and appropriate;

(ii)meet acceptable standards at reasonable rates with a minimum of impact on System unit resources and values; and

(iii)provide the concessioners with a reasonable opportunity to make a profit.

(B)Ways to make Service concession programs and procedures more cost effective, more process efficient, less burdensome, and timelier.

(2)The Advisory Board shall make recommendations to the Secretary regarding each of the following:

(A)The Service contracting with the private sector to conduct appropriate elements of concession management.

(B)Ways to make the review or approval of concessioner rates and charges to the public more efficient, less burdensome, and timelier.

(C)The nature and scope of products that qualify as Indian, Alaska Native, and Native Hawaiian handicrafts within the meaning of this subchapter.

(D)The allocation of concession fees.

(3)The Advisory Board shall provide an annual report on its activities to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(c)Members of the Advisory Board shall be appointed on a staggered basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary. The Advisory Board shall be comprised of not more than 7 individuals appointed from among citizens of the United States not in the employment of the Federal Government and not in the employment of or having an interest in a Service concession. Of the 7 members of the Advisory Board—

(1)one member shall be privately employed in the hospitality industry and have both broad knowledge of hotel or food service management and experience in the parks and recreation concession business;

(2)one member shall be privately employed in the tourism industry;

(3)one member shall be privately employed in the accounting industry;

(4)one member shall be privately employed in the outfitting and guide industry;

(5)one member shall be a State government employee with expertise in park concession management;

(6)one member shall be active in promotion of traditional arts and crafts; and

(7)one member shall be active in a nonprofit conservation organization involved in parks and recreation programs.

(d)Service of an individual as a member of the Advisory Board shall not be deemed to be service or employment bringing the individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of individuals, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member of the Advisory Board shall not be deemed service in an appointive or elective position in the Federal Government for purposes of section 8344 of title 5 or other comparable provisions of Federal law.

(e)The Advisory Board shall continue to exist until December 31, 2009. In all other respects, it shall be subject to chapter 10 of title 5.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 101919(a) through (c)16 U.S.C. 5958(a) through (c).Pub. L. 105–391, title IV, § 409, Nov. 13, 1998, 112 Stat. 3512; Pub. L. 111–11, subtitle VII, subtitle E, § 7403, 123 Stat. 1219. 101919(d)16 U.S.C. 5958(e). 101919(e)16 U.S.C. 5958(d). In subsection (b)(2), the text of 16 U.S.C. 5958(b)(2) (last sentence) is omitted as obsolete. In subsection (b)(3), the words “commencing with the first anniversary of its initial meeting” are omitted as obsolete. In subsection (d), the word “deemed” is substituted for “considered as” for consistency in this title and with other titles of the United States Code.

Editorial Notes

Amendments

2022—Subsec. (e). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.).”

§101919 National Park Service Concessions Management Advisory Board