54 U.S.C. § 101918

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 101918 - Transfer or conveyance of concession contracts or leasehold surrender interests

(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).

54 U.S.C. § 101918

Pub. L. 113-287, §3, Dec. 19, 2014, 128 Stat. 3147.

HISTORICAL AND REVISION NOTES
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
101918	16 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.