Title 54, National Park Service and Related ProgramsRelease 119-110

§101918 Transfer or Conveyance of Concession Contracts or Leasehold Surrender Interests

Title 54 › Subtitle I — National Park System › CHAPTER 1019 — CONCESSIONS AND COMMERCIAL USE AUTHORIZATIONS › SUBCHAPTER II — COMMERCIAL VISITOR SERVICES › § 101918

Last updated Sep 22, 2026|Official source

Summary

Concessioners must get written permission from the Secretary before selling, transferring, assigning, pledging, or otherwise giving away a concession contract or a leasehold surrender interest. The Secretary has to approve the transfer unless the buyer can’t meet the contract, the transfer would hurt protection of the unit’s resources or the ability to provide needed visitor facilities and services at fair rates, or the deal would likely cut the concessioner’s reasonable profit, lower quality, or force higher prices. The Secretary may not change or reopen the contract just because of a transfer, unless the transfer would harm resources or visitor services as described above.

Full Legal Text

Title 54, §101918

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

(a)Approval of Secretary.—
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)Conditions.—
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)Modification or Renegotiation of Terms.—
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).

Legislative History

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.

Reference

Citations & Metadata

Citation

54 U.S.C. § 101918

Title 54, National Park Service and Related Programs

Last Updated

Sep 22, 2026

Release point: 119-110