54 U.S.C. § 101916 — Reasonableness of rates and charges

(a) In General. A concession contract must let the concessioner set its own reasonable and appropriate rates and charges for the facilities, goods, and services it sells to the public — but those rates need approval under subsection (b).

(b) Approval by Secretary^* Required. (1) The Secretary must approve a concessioner's rates and charges. This approval process should be as quick and unburdensome as possible, and should rely on market forces as much as practical. The Secretary approves whatever rates are found reasonable and appropriate. Unless the contract says otherwise, reasonableness is judged mainly by comparing the rates to similar facilities, goods, and services offered under similar conditions — considering factors like: how long the season runs; peak demand periods; the average occupancy rate; how accessible the location is; the cost and availability of labor and materials; and the type of customers served, plus any other factor the Secretary finds relevant. (2) After weighing those factors, the rates and charges can never be higher than market rates for comparable facilities, goods, and services.

(c) Implementation of Recommendations. Within 6 months of getting rate-and-charge recommendations from the Advisory Board^*, the Secretary must either put them into practice or explain to Congress why not.