§101911 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

Defines two terms used in this part. The Advisory Board is the National Park Service Concessions Management Advisory Board created under section 101919. The preferential right of renewal lets a concessioner match the best competing proposal’s terms to keep offering the same facilities or services, but only if the Secretary finds those facilities or services are still necessary and appropriate under section 101912.

Title 54, §101911

National Park Service and Related Programs — Source: USLM XML via OLRC

In this subchapter:

(1)The term “Advisory Board” means the National Park Service Concessions Management Advisory Board established under section 101919 of this title.

(2)The term “preferential right of renewal” means the right of a concessioner, subject to a determination by the Secretary that the facilities or services authorized by a prior contract continue to be necessary and appropriate within the meaning of section 101912 of this title, to match the terms and conditions of any competing proposal that the Secretary determines to be the best proposal for a proposed new concession contract that authorizes the continuation of the facilities and services provided by the concessioner under its prior contract.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 101911(1)no source. 101911(2)16 U.S.C. 5952(7)(C).Pub. L. 105–391, title IV, § 403(7)(C), Nov. 13, 1998, 112 Stat. 3506.

Statutory Notes and Related Subsidiaries

Savings Provision

Pub. L. 105–391, title IV, § 419, Nov. 13, 1998, 112 Stat. 3517, provided that: “(a) Treatment of Glacier Bay Concession Permits Prospectus.—Nothing contained in this title [enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in section 101911 et seq. and 101524 of this title, amending former section 1a–7 and 3 of Title 16, repealing section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and section 100101 and 101912 of 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 Date

of this title [probably means the date of enactment of title IV of Pub. L. 105–391, which was approved Nov. 13, 1998], shall provide for such cruise ship entries a preferential right of renewal, as described in subparagraphs (C) and (D) of section 403(7) [see 54 U.S.C. 101911(2), 101913(7)(C)]. Any Glacier Bay concession permit awarded under the authority contained in this subsection shall expire by December 31, 2009.” Alaska National Interest Lands Conservation Act Pub. L. 105–391, title IV, § 415(c), Nov. 13, 1998, 112 Stat. 3516, provided that: “Nothing in this title [enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in section 101911 et seq. and 101524 of this title, amending former section 1a–7 and 3 of Title 16, repealing section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and section 100101 and 101912 of this title] amends, supersedes, or otherwise affects any provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to revenue-producing visitor services.”

§101911 Definitions