§101925 Commercial Use Authorizations

Summary

The Secretary may allow a private person, company, or group to offer services to visitors in a park unit through a commercial use authorization. These authorizations are not concession contracts and other concession rules do not apply unless the law says so. The Secretary may only approve services that have minimal impact on the park and that fit the unit’s purpose and management plans. The Secretary must charge a fee to issue the authorization (the fee stays available and must at least cover management and admin costs), must protect park resources as much as possible, must limit U.S. liability, must not issue more authorizations than the park can handle, and must set other rules to protect visitors and resources. Authorizations are limited to small operations with annual gross receipts of $25,000 or less from services that start and end inside the unit, to incidental uses by outside operations, to organized children’s camps, outdoor clubs, and nonprofits (and other uses the Secretary approves). Nonprofits need an authorization only if they earn taxable income from the use. No authorization may allow building on federal land in the unit. Each authorization can last no more than 2 years and cannot include a right to renew. Getting or seeking one does not prevent applying for a concession contract.