54 U.S.C. § 101925 — Commercial use authorizations

(a) In General. On request, the Secretary may let a private person, corporation, or other entity provide visitor services through something called a commercial use authorization. This is a different, lighter-weight tool than a concession contract — it is not treated as a concession contract, and none of this subchapter's other rules apply to it unless a rule specifically says it does. (b) Criteria for Issuance of Commercial Use Authorizations. (1) The Secretary can only use this authority for services that will have minimal impact on the unit's resources and values, and that fit the purpose the unit was established for and its applicable management plans, policies, and regulations. (2) In issuing one, the Secretary must: charge a reasonable fee, which stays available without further appropriation to at least cover management and administrative costs; require that services be delivered in a way that's as consistent as practically possible with preserving and conserving the unit's resources and values; take reasonable steps to limit the United States' liability; never issue more authorizations than is consistent with preserving and properly managing the unit's resources and values; and set any other conditions the Secretary decides are needed to protect visitors, ensure adequate services, and protect the unit properly. (c) Limitations. A commercial use authorization is limited to: commercial operations with no more than $25,000 a year in gross receipts from services that both start and are provided entirely inside the unit; the incidental use of a unit's resources by commercial operations whose services start and end outside the unit's boundaries; or uses by organized children's camps, outdoor clubs, and nonprofit institutions (including backcountry use), plus any other uses the Secretary decides are appropriate. (d) Nonprofit Institutions. A nonprofit institution doesn't need a commercial use authorization unless it earns taxable income from the authorized activity. (e) Prohibition on Construction. A commercial use authorization can never allow construction of a structure, fixture, or other improvement on federally owned land inside the unit. (f) Duration. A commercial use authorization can't last more than 2 years, and the Secretary cannot grant any preferential right of renewal or similar renewal guarantee. (g) Other Contracts. Seeking or holding a commercial use authorization doesn't stop a person, corporation, or other entity from also submitting a proposal for a full concession contract.