Page:United States Statutes at Large Volume 112 Part 5.djvu/759

 PUBLIC LAW 105-391—NOV. 13, 1998 112 STAT. 3517 (B) require that the provision of services under such an authorization be accomphshed in a manner consistent to the highest practicable degree with the preservation and conservation of park resources and values; (C) take appropriate steps to limit the liability of the United States arising from the provision of services under such an authorization; and (D) have no authority under this section to issue more authorizations than are consistent with the preservation and proper management of park resources and values, and shall establish such other conditions for issuance of such an authorization as the Secretary determines appropriate for the protection of visitors, provision of adequate and appropriate visitor services, and protection and proper management of the resources and values of the park. (c) LIMITATIONS. — Any authorization issued under this section shall be limited to— (1) commercial operations with annual gross receipts of not more than $25,000 resulting from services originating and provided solely within a unit of the National Park System pursuant to such authorization; (2) the incidental use of resources of the unit by commercial operations which provide services originating and terminating outside of the boundaries of the unit; or (3) such uses by organized children's camps, outdoor clubs and nonprofit institutions (including back country use) and such other uses as the Secretary determines appropriate. Nonprofit institutions are not required to obtain commercial use authorizations unless taxable income is derived by the institution from the authorized use. (d) PROHIBITION ON CONSTRUCTION. —An authorization issued under this section shall not provide for the construction of any structure, fixture, or improvement on federally-owned lands within the boundaries of a unit of the National Park System. (e) DURATION. — The term of any authorization issued under this section shall not exceed 2 years. No preferential right of renewal or similar provisions for renewal shall be granted by the Secretary. (f) OTHER CONTRACTS.— A person, corporation, or other entity seeking or obtaining an authorization pursuant to this section shall not be precluded from also submitting proposals for concessions contracts. SEC. 419. SAVINGS PROVISION. 16 USC 5951 (a) TREATMENT OP GLACIER BAY CONCESSION PERMITS PROSPEC- TUS. —Nothing contained in this title shall authorize or require the Secretary to withdraw, revise, amend, modify, or reissue the February 19, 1998, Prospectus Under Which Concession Permits Will be Open for Competition for the Operation of Cruise Ship Services Within Glacier Bay National Park and Preserve (in this section referred to as the "1998 Glacier Bay Prospectus"). The award of concession permits pursuant to the 1998 Glacier Bay Prospectus shall be under provisions of existing law at the time the 1998 Glacier Bay Prospectus was issued. (b) PREFERENTIAL RIGHT OF RENEWAL.— Notwithstanding any provision of this title, the Secretary, in awarding future Glacier Bay cruise ship concession permits covering cruise ship entries for which a preferential right of renewal existed prior to the effective

�