CMAB Charter

U. S Department of the Interior National Park Service

National Park Service Concessions Management Advisory Board Charter

COMMITTEE'S OFFICIAL DESIGNATION. The official designation of the committee is the National Park Service Concessions Management Advisory Board (Board).

AUTHORITY. The Board was established by the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5901), as amended. Establishment is in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. Appendix 2. Pursuant to Public Law 111-11, the legislative authorization for the Board expired on December 31, 2009. However, due to the importance of the issues on which the Board advises, the Secretary of the Interior (Secretary) by authority under Section 3 of Public Law 91-383 (16 U.S.C. § la-2(c)) reestablished and continued the Board, under this Charter, as a discretionary committee from January 1, 2010, until such time as it may be legislatively reauthorized, provided that it is renewed every 2 years in accordance with the provisions of FACA. If the Board is renewed legislatively prior to the expiration of 2 years from the date of this Charter renewal, the Board shall cease to be a discretionary Board and shall revert to a legislative Board, under the terms of this charter.

OBJECTIVES AND SCOPE OF ACTIVITIES. The purpose of the Board is to advise the Secretary and the National Park Service on matters relating to management of the National Park System.

The Board shall advise on each of the following:

  1. Policies and procedures intended to assure that services and facilities provided by concessioners are necessary and appropriate, meet acceptable standards at reasonable rates with a minimum of impact on park resources and values, and provide the concessioners with a reasonable opportunity to make a profit; and
  2. Ways to make National Park Service concessions programs and procedures more cost effective, more process efficient, less burdensome, and timelier.

The Board shall make recommendations to the Secretary regarding each of the following:

  1. National Park Service contracting with the private sector to conduct appropriate elements of concessions management and providing recommendations to make more efficient, less burdensome, and timelier the review or approval of concessioner rates and charges to the public;
  2. The nature and scope of products which qualify as Indian, Alaska Native, and Native Hawaiian handicrafts; and
  3. The allocation of concession fees.

The Board must provide an annual report on its activities to the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate.

AGENCY OR OFFICIAL TO WHOM THE COMMITTEE REPORTS. The Board reports to the Secretary through the Director, National Park Service or the Designated Federal Officer (DFO).

SUPPORT. Support for the Board is provided by the National Park Service.

ESTIMATED ANNUAL OPERATING COSTS AND STAFF YEARS. The annual operating costs associated with supporting the Board's functions are estimated to be
$75, 000 including all direct and indirect expenses and .25 staff year support.

DESIGNATED FEDERAL OFFICER. The DFO is the Chief, Commercial Services Program who is a full-time Federal employee appointed in accordance with Agency procedures. The DFO will approve or call all Board and subcommittee meetings, prepare and approve all meeting agendas, attends all Board and subcommittee meetings, adjourn any meeting when the DFO determines adjournment to be in the public interest, and chair meetings when directed to do so by the Secretary.

ESTIMATED NUMBER AND FREQUENCY OF MEETINGS. The Board will meet approximately one to two times annually, and at such other times as designated by the DFO.

DURATION. Continuing.

TERMINATION. The Board will terminate 2 years from the date the Charter is filed, unless, prior to that date, it is renewed in accordance with the provisions of Section 14 of the FACA. The Council will not meet or take any action without a valid current charter.

MEMBERSHIP AND DESIGNATION. Members of the Advisory Board shall be appointed on a staggered basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary. The Board shall be comprised of not more than seven individuals appointed from among citizens of the United States not in the employment of the Federal Government and not in the employment of or having an interest in a National Park Service concession.

The seven members will be as follows:

  1. One member shall be privately employed in the hospitality industry and have both broad knowledge of hotel or food service management and experience in the parks and recreation concessions business;
  2. One member shall be privately employed in the tourism industry;
  3. One member shall be privately employed in the accounting industry;
  4. One member shall be privately employed in the outfitting and guide industry;
  5. One member shall be a state government employee with expertise in park concession management;
  6. One member shall be active in promotion of traditional arts and crafts; and,
  7. One member shall be active in a nonprofit conservation organization involved in parks and recreation programs.

Members may be appointed as representatives or as special Government employees (SGEs).

Any vacancy of the Board shall be filled in the same manner in which the original appointment was made. Members serve at the pleasure of the Secretary.

Members of the Board will serve without compensation. However, while away from their or regular places of business, Board and subcommittee members engaged in Board, or subcommittee business, approved by the DFO, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service under Section 5703 of Title 5 of the United States Code.

ETHICS RESPONSIBILITIES OF MEMBERS. No Board or subcommittee members will participate in any specific party matter including a lease, license, permit, contract, claim, agreement, or related litigation with the Department in which the member has a direct financial interest. In addition, the Department of the Interior will provide materials to those members servings as special Government employees, explaining their ethical obligations with which the members should be familiar. Consistent with the ethics requirements, members will endeavor to avoid any actions that would cause the public to question the integrity of the Board's operation, activities, or advice. The provisions of this paragraph do not affect any other statutory or regulatory ethical obligations to which a member may be subject.

SUBCOMMITTEES. Subject to the DFO's approval, subcommittees may be formed for the purpose of compiling information and conducting research. However, such subcommittees must act under the direction of the DFO and must report their recommendations to the full Board for consideration. Subcommittees must not provide advice or work products directly to the Agency. The Board Chair, with the approval of the DFO, will appoint subcommittee members. Subcommittees will meet as necessary to accomplish assignments, subject to the approval of the DFO and the availability ofresources.

RECORDKEEPING. The records of the Board, and formally and informally established subcommittees of the Board, shall be handled in accordance with General Records Schedule 26, Item 2 and other approved Agency records disposition schedule. These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 552.

Last updated: August 10, 2018