112 STAT. 3514 PUBLIC LAW 105-391—NOV. 13, 1998 (d) TERMINATION. —The Advisory Board shall continue to exist until December 31, 2008. In all other respects, it shall be subject to the provisions of the Federal Advisory Committee Act. (e) SERVICE ON ADVISORY BOARD.—Service of an individual as a member of the Advisory Board shall not be considered as service or employment bringing such individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member of the Advisory Board shall not be considered service in an appointive or elective position in the Government for purposes of section 8344 of title 5, United States Code, or other comparable provisions of Federal law. 16 USC 5959. SEC. 410. CONTRACTING FOR SERVICES. (a) CONTRACTING AUTHORIZED.— (1) To the maximum extent practicable, the Secretary shall contract with private entities to conduct or assist in those elements of the management of the National Park Service concessions program considered by the Secretary to be suitable for non-Federal performance. Such management elements include each of the following: (A) Health and safety inspections. (B) Quality control of concessions operations and facilities. (C) Strategic capital planning for concessions facilities. (D) Analysis of rates and charges to the public. (2) The Secretary may also contract with private entities to assist the Secretary with each of the following: (A) Preparation of the financial aspects of prospectuses for National Park Service concessions contracts. (B) Development of guidelines for a national park system capital improvement and maintenance program for all concession occupied facilities. (C) Making recommendations to the Director of the National Park Service regarding the conduct of annual audits of concession fee expenditures. (b) OTHER MANAGEMENT ELEMENTS. —The Secretary shall also consider, taking into account the recommendations of the Advisory Board, contracting out other elements of the concessions management program, as appropriate. (c) CONDITION. —Nothing in this section shall diminish the governmental responsibilities and authority of the Secretary to administer concessions contracts and activities pursuant to this title and the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.). The Secretary reserves the right to make the final decision or contract approval on contracting services dealing with the management of the National Park Service concessions program under this section. 16 USC 5960. SEC. 411. MULTIPLE CONTRACTS WITHIN A PARK. If multiple concessions contracts are awarded to authorize concessioners to provide the same or similar outfitting, guiding, river running, or other similar services at the same approximate location or resource within a specific national park, the Secretary shall establish a comparable franchise fee structure for all such same or similar contracts, except that the terms and conditions
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