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54 U.S.C. § 101918 — Transfer or conveyance of concession contracts or leasehold surrender interests
Federal law — U.S. Code and appendices · legal_authorities
**(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).
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Source location: Title 54, Chapter 1019, § 101918; chapter-1019-chapter-1019.md
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**(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).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 105–391, title IV, § 407, Nov. 13, 1998, 112 Stat. 3511, related to franchise fees. See [section 101917 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101917&num=0&edition=prelim), National Park Service and Related Programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5957
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 105–391, title IV, § 408, Nov. 13, 1998, 112 Stat. 3512, related to transfer of concessions contracts. See [section 101918 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101918&num=0&edition=prelim), National Park Service and Related Programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 5958
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Federal law — U.S. Code and appendices · legal_authorities
Page 54
TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS
§ 101918
unit under concession contracts. The funds
credited to the subaccount for a System unit
shall be available for expenditure by the Sec-
retary, without further appropriation, for use
at the System unit for visitor services and for
purposes of funding high-priority and urgently
necessary resource management programs and
operations. The funds credited to a subaccount
shall remain available until expended.
(3) REDUCTION.—The Secretary may reduce
the percentage allocation otherwise applicable
under paragraph (2) to a unit or area of the
National Park Service for a fiscal year if the
Secretary determines that the revenues col-
lected at the unit or area exceed the reason-
able needs of the unit or area for which ex-
penditures may be made for that fiscal year.
In no event may a percentage allocation be re-
duced below 60 percent.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3146;
Pub. L. 118–42, div. E, title I, § 121, Mar. 9, 2024,
138 Stat. 249.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101917 .........
16 U.S.C. 5956.
Pub. L. 105–391, title IV,
§ 407, Nov. 13, 1998, 112
Stat. 3511.
Editorial Notes
AMENDMENTS
2024—Subsec. (c)(3). Pub. L. 118–42 added par. (3).
§ 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 con-
veyed 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)
Source: Supplied 2024 U.S. Code historical extraction · 54 U.S.C. § 101918
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.