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National Park Service Concessioner Discriminates Patron

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What happens when a National Park Service Concessioner is engaging in discriminatory actions against its patrons that threaten the enjoyment of the National Park location by not offering a product at a reasonable and exceeds appropriate stated rate? The National Park Service has the right to terminate the contract.

 

36 CFR 51 Concessions Contracts

 

It is indisputable that there may be circumstances in which NPS must immediately terminate the operations of a concessioner in order to fulfill its statutory responsibilities to park areas and visitors. For example, an area of a park may be found to be endangered species habitat, requiring immediate cessation of human activity, or, the threat of natural disaster such as a threatened volcanic eruption may require that a concession operation be immediately terminated in the interest of public safety. In addition, there may be circumstances where NPS is forced to immediately close a concession operation because of environmental damage such as sewage leakage into a threatened cave system. Finally, there may be circumstances where the performance of a concessioner in breach of contract is so bad (e.g., life/health/safety violations) that the concession operations and the concession contract must be immediately terminated in the interest of public health or safety.

NATIONAL PARKS OMNIBUS MANAGEMENT ACT OF 1998

TITLE IV

NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT IMPROVEMENT ACT OF 1998

 

SEC. 402. CONGRESSIONAL FINDINGS AND STATEMENT OF POLICY

.

( a ) Findings.—In furtherance of the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), which directs the Secretary to administer units of the

National Park System in accordance with the fundamental purpose of conserving their scenery, wildlife, and natural and historic objects, and providing for their enjoyment in a manner that will leave

them unimpaired for the enjoyment of future generations, the Congress hereby finds that the preservation and conservation of park resources and values requires that such public accommodations, facilities, and services as have to be provided within such units should be

provided only under carefully controlled safeguards against unregulated and indiscriminate use, so that—

 

( b ) Policy.—It is the policy of the Congress that the development of public accommodations, facilities, and services in units of the National Park System shall be limited to those accommodations, facilities, and services that -

 

( 1 ) are necessary and appropriate for public use and enjoyment of the unit of the National Park System in which they are located

 

(iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the unit of the National Park System.

 

( B ) The Secretary shall reject any proposal, regardless of the franchise fee offered, if the Secretary determines that the person, corporation, or entity is not qualified, is not likely to provide satisfactory service, or that the proposal is not responsive to the objectives of protecting and preserving resources of the unit of the National Park System and of providing necessary and appropriate facilities and services to the public at reasonable rates.

 

SEC. 406. REASONABLENESS OF RATES.

( a ) In General.—Each concessions 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.—

 

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 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: length of season, peakloads, average percentage of occupancy, accessibility, availability and costs of labor and materials, and

type of patronage. Such 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 the preceding sentence.

 

SEC. 410. CONTRACTING FOR SERVICES.

( a ) Contracting Authorized.--

 

(1) To the maximum extent practicable, the Secretary shall contract with private entities to conduct or assist in those elements of the management of the National Park Service concessions program considered by the Secretary to be suitable for non- Federal performance. Such management elements include each the following:

 

(D) Analysis of rates and charges to the public.

If you'd like more information, contact the National Park Service Commercial Services 202-513-7156

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Every National Park Service concession contract has text provisions to protect people from non discrimination.

 

EXHIBIT C

NONDISCRIMINATION

SEC. 1 REQUIREMENTS RELATING TO EMPLOYMENT AND SERVICE TO THE PUBLIC

 

( c ) Facilities

(1) Definitions: As used herein:

 

(i) Concessioner shall mean the Concessioner and its employees, agents, lessees, sublessees, and contractors, and the successors in interest of the Concessioner;

 

(ii) Facility shall mean any and all services, facilities, privileges, accommodations, or activities available to the general public and permitted by this agreement.

 

(2) The Concessioner is prohibited from:

 

(i) publicizing facilities operated hereunder in any manner that would directly or inferentially reflect upon or question the acceptability of any person because of race, color, religion, sex, sexual orientation, gender identity, age, national origin, or disabling condition;

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