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16 U.S.C. § 5957 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5957 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### 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.

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Source location: Title 16, Chapter 79, § 5957; chapter-079-national-park-service-management.md

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### 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.

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 101917 — Franchise fees

**(a) In General.—** A concession contract shall provide for payment to the Federal Government of a franchise fee or other monetary consideration as determined by the Secretary, on consideration of the probable value to the concessioner of the privileges granted by the particular contract involved. Probable value shall be based on a reasonable opportunity for net profit in relation to capital invested and the obligations of the concession contract. Consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving System units and of providing necessary and appropriate services for visitors at reasonable rates. **(b) Provisions To Be Specified in Contract.—** The amount of the franchise fee or other monetary consideration paid to the United States for the term of the concession contract shall be specified in the concession contract and may be modified only to reflect extraordinary unanticipated changes from the conditions anticipated as of the effective date of the concession contract. The Secretary shall include in concession contracts with a term of more than 5 years a provision that allows reconsideration of the franchise fee at the request of the Secretary or the concessioner in the event of extraordinary unanticipated changes. The provision shall provide for binding arbitration in the event that the Secretary and the concessioner are unable to agree on an adjustment to the franchise fee in those circumstances. **(c) Special Account in Treasury.—** (1) **Deposit and availability.—** — All franchise fees (and other monetary consideration) paid to the United States pursuant to concession contracts shall be deposited in a special account established in the Treasury. Twenty percent of the funds deposited in the special a

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 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).

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 5957 — Repealed. Pub. L. 113–287, § 7, Dec. 19,

Page 2562 TITLE 16—CONSERVATION § 5956 section 101916 of Title 54, National Park Service and Related Programs. § 5956. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title IV, § 407, Nov. 13, 1998, 112 Stat. 3511, related to franchise fees. See section 101917 of Title 54, National Park Service and Related Programs. § 5957. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title IV, § 408, Nov. 13, 1998, 112 Stat. 3512, related to transfer of concessions con- tracts. See section 101918 of Title 54, National Park Service and Related Programs. § 5958. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title IV, § 409, Nov. 13, 1998, 112 Stat. 3512; Pub. L. 111–11, title VII, § 7403, Mar. 30, 2009, 123 Stat. 1219, related to National Park Service Concessions Management Advisory Board. See section 101919 of Title 54, National Park Service and Related Programs. § 5959. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title IV, § 410, Nov. 13, 1998, 112 Stat. 3514, related to contracting for services. See section 101920 of Title 54, National Park Service and Related Programs. § 5960. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title IV, § 411, Nov. 13, 1998, 112 Stat. 3514, related to multiple contracts within a park. See section 101921 of Title 54, National Park Serv- ice and Related Programs. § 5961. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title IV, § 412, Nov. 13, 1998, 112 Stat. 3515; Pub. L. 106–113, div. B, § 1000(a)(3) [title I, § 143], Nov. 29, 1999, 113 Stat. 1535, 1501A–171; Pub. L. 106–291, ti

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