§101918 — Title 54 National Park Service and Related Programs | U.S. Code

Summary

A concession holder must get the Secretary’s written approval before selling, giving away, pledging, or otherwise transferring a concession contract or leasehold surrender interest. The Secretary must approve the transfer unless they find one of three problems: the buyer is not qualified or cannot meet the contract; the transfer would harm resource protection or hurt visitor services and facilities; or the deal would likely cut the holder’s reasonable profit, lower service or facility quality, or force higher prices for visitors. The Secretary cannot change the contract terms just because of a transfer unless the transfer would harm resources or visitor services.

Title 54, §101918

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

(a)No concession contract or leasehold surrender interest may be transferred, assigned, sold, or otherwise conveyed or pledged by a concessioner without prior written notification to, and approval by, the Secretary.

(b)The Secretary shall approve a transfer or conveyance described in subsection (a) unless the Secretary finds that—

(1)the individual, corporation, or other entity seeking to acquire a concession contract is not qualified or able to satisfy the terms and conditions of the concession contract;

(2)the transfer or conveyance would have an adverse impact on—

(A)the protection, conservation, or preservation of the resources of the System unit; or

(B)the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and

(3)the terms of the transfer or conveyance are likely, directly or indirectly, to—

(A)reduce the concessioner’s opportunity for a reasonable profit over the remaining term of the concession contract;

(B)adversely affect the quality of facilities and services provided by the concessioner; or

(C)result in a need for increased rates and charges to the public to maintain the quality of the facilities and services.

(c)The terms and conditions of any concession contract under this section shall not be subject to modification or open to renegotiation by the Secretary because of a transfer or conveyance described in subsection (a) unless the transfer or conveyance would have an adverse impact as described in subsection (b)(2).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10191816 U.S.C. 5957.Pub. L. 105–391, title IV, § 408, Nov. 13, 1998, 112 Stat. 3512. In subsection (b)(1), the word “other” is added for consistency in the subchapter. See section 101926 of the revised title.

§101918 Transfer or conveyance of concession contracts or leasehold surrender interests

Summary

Title 54, §101918

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata