§101925 Commercial Use Authorizations

Summary

The Secretary may allow a private person, company, or group to offer services to visitors in a park or other System unit by giving a commercial use authorization when asked. These authorizations are not the same as concession contracts and follow their own rules. The Secretary can only approve services that will have minimal impact on park resources and that fit the unit’s purpose and management plans. The Secretary must charge a reasonable fee that stays available to cover management and admin costs, require that services protect resources as much as possible, take steps to limit the United States’ legal liability, and set any other rules needed to protect visitors and park resources. The Secretary cannot approve more authorizations than the park can handle. A commercial use authorization is only for small operations with annual gross receipts of $25,000 or less from services that start and end inside the unit, or for incidental uses by businesses that operate mostly outside the unit, or for organized children’s camps, outdoor clubs, nonprofits, and other uses the Secretary allows. Nonprofits do not need an authorization unless they earn taxable income from the use. No authorization allows building on federal land inside a unit. Each authorization lasts no more than 2 years and gives no special right to renew. Getting one does not stop a person or group from applying for a concession contract.