---
kind: "section"
citation: "54 U.S.C. § 101925"
title: "54"
title_heading: "National Park Service and Related Programs"
number: "101925"
heading: "Commercial use authorizations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/54/101925"
units:
  - "Subtitle I — National Park System"
  - "Division A — Establishment and General Administration"
  - "Chapter 1019 — Concessions and Commercial Use Authorizations"
  - "Subchapter II — Commercial Visitor Services"
---

# §101925. Commercial use authorizations

- (a) **In General.—** To the extent specified in this section, the [Secretary](/usc/54/100102.md?p=3), on request, may authorize a private person, corporation, or other entity to provide [services](/usc/54/100102.md?p=4) to visitors to [System units](/usc/54/100102.md?p=6) through a commercial use authorization. A commercial use authorization shall not be considered to be a concession contract under this subchapter and no other section of this subchapter shall be applicable to a commercial use authorization except where expressly stated.
- (b) **Criteria for Issuance of Commercial Use Authorizations.—**
  - (1) **Required determinations.—** The authority of this section may be used only to authorize provision of [services](/usc/54/100102.md?p=4) that the [Secretary](/usc/54/100102.md?p=3) determines—
    - (A) will have minimal impact on resources and values of a [System unit](/usc/54/100102.md?p=6); and
    - (B) are consistent with the purpose for which the [System unit](/usc/54/100102.md?p=6) was established and with all applicable management plans and [Service](/usc/54/100102.md?p=4) policies and regulations.
  - (2) **Elements of commercial use authorization.—** The [Secretary](/usc/54/100102.md?p=3) shall—
    - (A) require payment of a reasonable fee for issuance of a commercial use authorization, the fees to remain available without further appropriation to be used, at a minimum, to recover associated management and administrative costs;
    - (B) require that the provision of [services](/usc/54/100102.md?p=4) under a commercial use authorization be accomplished in a manner consistent to the highest practicable degree with the preservation and conservation of [System unit](/usc/54/100102.md?p=6) resources and values;
    - (C) take appropriate steps to limit the liability of the United States arising from the provision of [services](/usc/54/100102.md?p=4) under a commercial use authorization;
    - (D) have no authority under this section to issue more commercial use authorizations than are consistent with the preservation and proper management of [System unit](/usc/54/100102.md?p=6) resources and values; and
    - (E) shall establish other conditions for issuance of a commercial use authorization that the [Secretary](/usc/54/100102.md?p=3) determines to be appropriate for the protection of visitors, provision of adequate and appropriate visitor [services](/usc/54/100102.md?p=4), and protection and proper management of [System unit](/usc/54/100102.md?p=6) resources and values.
- (c) **Limitations.—** Any commercial use authorization shall be limited to—
  - (1) commercial operations with annual gross receipts of not more than $25,000 resulting from [services](/usc/54/100102.md?p=4) originating and provided solely within a [System unit](/usc/54/100102.md?p=6) pursuant to the commercial use authorization;
  - (2) the incidental use of resources of the [System unit](/usc/54/100102.md?p=6) by commercial operations that provide [services](/usc/54/100102.md?p=4) originating and terminating outside the boundaries of the [System unit](/usc/54/100102.md?p=6); or
  - (3)
    - (A) uses by organized children’s camps, outdoor clubs, and nonprofit institutions (including back country use); and
    - (B) other uses, as the [Secretary](/usc/54/100102.md?p=3) determines to be appropriate.
- (d) **Nonprofit Institutions.—** Nonprofit institutions are not required to obtain commercial use authorizations unless taxable income is derived by the institution from the authorized use.
- (e) **Prohibition on Construction.—** A commercial use authorization shall not provide for the construction of any structure, fixture, or improvement on federally-owned land within the boundaries of a [System unit](/usc/54/100102.md?p=6).
- (f) **Duration.—** The term of any commercial use authorization shall not exceed 2 years. No [preferential right of renewal](/usc/54/101911.md?p=2) or similar provisions for renewal shall be granted by the [Secretary](/usc/54/100102.md?p=3).
- (g) **Other Contracts.—** A person, corporation, or other entity seeking or obtaining a commercial use authorization shall not be precluded from submitting a proposal for concession contracts.

## Source credit

(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3150.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 101925 | 16 U.S.C. 5966. | Pub. L. 105–391, title IV, § 418, Nov. 13, 1998, 112 Stat. 3516. |