Page:United States Statutes at Large Volume 79.djvu/1009

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[79 STAT. 969]
PUBLIC LAW 89-000—MMMM. DD, 1965
[79 STAT. 969]

79 STAT. ]

PUBLIC LAW 89-249-OCT. 9, 1965

969

of which may be an automatic typewriter", and by striking out "four electric typewriters" and inserting in lieu thereof "five electric typewriters, one of which may be an automatic typewriter". Approved October 9, 1965, 6:32 a.m.

Public Law 89-249 AN ACT

Relating to the establishment of concession policies in the areas administered by National Park Service and for other purposes.

October 9, 1965 [H. R. 2091]

Be it enacted by the Senate and House of Representatives of the National United States of America in Congress assembled, That in furtherance Service, P a r k of the Act of August 25, 1916 (39 Stat. 535), as amended (16 U.S.C. 1), "^c'oncession which directs the Secretary of the Interior to administer national park poii^^i^s. system areas in accordance with the fundamental purpose of conserving their scenery, wildlife, natural and historic objects, and providing for their enjoyment in a manner that wdll leave them unimpaired for the enjoyment of future generations, the Congress hereby finds that the preservation of park values requires that such public accommodations, facilities, and services as have to be provided within those areas should be provided only under carefully controlled safeguards against unregulated and indiscriminate use, so that the heavy visitation will not unduly impair these values and so that development of such facilities can best be limited to locations where the least damage to park values will be caused. I t is the policy of the Congress that such development shall be limited to those that are necessary and appropriate for public use and enjoyment of the national park area in which they are located and that are consistent to the highest practicable degree with the preservation and conservation of the areas. SEC. 2. Subject to the findings and policy stated in section 1 of this "Concessioners." Act, the Secretary of the Interior shall take such action as may be appropriate to encourage and enable private persons and corporations (hereinafter referred to as "concessioners") to provide and operate facilities and services which he deems desirable for the accommodation of visitors in areas administered by the National Park Service. SEC. 3. (a) Without limitation of the foregoing, the Secretary may contracts. include in contracts for the providing of facilities and services such terms and conditions as, in his judgment, are required to assure the concessioner of adequate protection against loss of investment in structures, fixtures, improvements, equipment, supplies, and other tangible property provided by him for the purposes of the contract (but not against loss of anticipated profits) resulting from discretionary acts, policies, or decisions of the Secretary occurring after the contract has become effective under which acts, policies, or decisions the concessioner's authority to conduct some or all of his authorized operations under the contract ceases or his structures, fixtures, and improvements, or any of them, are required to be transferred to another party or to be abandoned, removed, or demolished. Such terms and conditions may include an obligation of the United States to compensate the concessioner for loss of investment, as aforesaid. (b) The Secretary shall exercise his authority in a manner consistent Pi-ofits. with a reasonable opportunity for the concessioner to realize a profit on his operation as a whole commensurate with the capital invested and the obligations assumed. (c) The reasonableness of a concessioner's rates and charges to the ^^tes, public shall, unless otherwise provided in the contract, be judged primarily by comparison with those current for facilities and services 49-850 0-66—64