(1) The department may develop a concession contract to authorize a commercial business on department land. The department shall waive the requirement to obtain a commercial use permit when the commercial use is authorized through a concession contract.

(2) The department shall honor the terms set forth in contracts established prior to the adoption of these rules. The department shall apply these rules when those contracts expire.

(3) When developing and administering concession contracts, the department shall follow the state purchasing and contracting guidelines.