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16 U.S.C. § 5955 — Repealed.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16 U.S.C. § 5955 — Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272

### Statutory Notes Section, Pub. L. 105–391, title IV, § 405, Nov. 13, 1998, 112 Stat. 3508, related to protection of concessioner investment. Subsecs. (a) to (e) were repealed and restated in [section 101915 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101915&num=0&edition=prelim), National Park Service and Related Programs. Subsec. (f), requiring the Secretary to submit a report to Congress not later than 7 years after Nov. 13, 1998, was repealed as obsolete. #### De Novo Review of Value Determination Decisions by United States Court of Federal Claims Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2107, which provided for de novo review by the United States Court of Federal Claims of certain value determination decisions, was repealed and restated as subsec. (c)(4) of [section 101915 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section101915&num=0&edition=prelim), National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3145, 3272, which Act enacted Title 54.

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Source location: Title 16, Chapter 79, § 5955; chapter-079-national-park-service-management.md

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

54 U.S.C. § 101915 — Protection of concessioner investment

**(a) Definitions.—** In this section: (1) **Capital improvement.—** — The term “capital improvement” means a structure, a fixture, or nonremovable equipment provided by a concessioner pursuant to the terms of a concession contract and located on land of the United States within a System unit. (2) **Consumer price index.—** — The term “Consumer Price Index” means— (A) the “Consumer Price Index—All Urban Consumers” published by the Bureau of Labor Statistics of the Department of Labor; or (B) if the Index is not published, another regularly published cost-of-living index approximating the Consumer Price Index. **(b) Leasehold Surrender Interest in Capital Improvements.—** A concessioner that constructs a capital improvement on land owned by the United States within a System unit pursuant to a concession contract shall have a leasehold surrender interest in the capital improvement subject to the following terms and conditions: (1) **In general.—** — A concessioner shall have a leasehold surrender interest in each capital improvement constructed by a concessioner under a concession contract, consisting solely of a right to compensation for the capital improvement to the extent of the value of the concessioner’s leasehold surrender interest in the capital improvement. (2) **Pledge as security.—** — A leasehold surrender interest may be pledged as security for financing of a capital improvement or the acquisition of a concession contract when approved by the Secretary pursuant to this subchapter. (3) **Transfer and relinquishment or waiver of interest.—** — A leasehold surrender interest shall be transferred by the concessioner in connection with any transfer of the concession contract and may be relinquished or waived by the concessioner. (4) **Limit on extingu

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

54 U.S.C. § 101916 — Reasonableness of rates and charges

**(a) In General.—** A concession contract shall permit the concessioner to set reasonable and appropriate rates and charges for facilities, goods, and services provided to the public, subject to approval under subsection (b). **(b) Approval by Secretary Required.—** (1) **Factors to consider.—** — A concessioner’s rates and charges to the public shall be subject to approval by the Secretary. The approval process utilized by the Secretary shall be as prompt and as unburdensome to the concessioner as possible and shall rely on market forces to establish reasonableness of rates and charges to the maximum extent practicable. The Secretary shall approve rates and charges that the Secretary determines to be reasonable and appropriate. Unless otherwise provided in the concession contract, the reasonableness and appropriateness of rates and charges shall be determined primarily by comparison with those rates and charges for facilities, goods, and services of comparable character under similar conditions, with due consideration to the following factors and other factors deemed relevant by the Secretary: (A) Length of season. (B) Peakloads. (C) Average percentage of occupancy. (D) Accessibility. (E) Availability and costs of labor and materials. (F) Type of patronage. (2) **Rates and charges not to exceed market rates and charges.—** — Rates and charges may not exceed the market rates and charges for comparable facilities, goods, and services, after taking into account the factors referred to in paragraph (1). **(c) Implementation of Recommendations.—** Not later than 6 months after receiving recommendations from the Advisory Board regarding concessioner rates and charges to the public, the Secretary shall implement the recommendations or report to Congress

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

16 U.S.C. § 5955 — Repealed. Pub. L. 113–287, § 7, Dec. 19,

Page 2561 TITLE 16—CONSERVATION § 5955 Sec. SUBCHAPTER VI—MISCELLANEOUS PROVISIONS 6011. Repealed. § 5901. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, § 2, Nov. 13, 1998, 112 Stat. 3498, defined ‘‘Secretary’’ for this chapter. SUBCHAPTER I—NATIONAL PARK SERVICE CAREER DEVELOPMENT, TRAINING, AND MANAGEMENT § 5911. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title I, § 101, Nov. 13, 1998, 112 Stat. 3498, related to protection, interpretation, and re- search in National Park System. See section 100701 of Title 54, National Park Service and Related Programs. § 5912. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title I, § 102, Nov. 13, 1998, 112 Stat. 3498, related to National Park Service employee training. See section 101321 of Title 54, National Park Service and Related Programs. § 5913. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title I, § 103, Nov. 13, 1998, 112 Stat. 3498, related to management development and training. See section 101322 of Title 54, National Park Service and Related Programs. § 5914. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title I, § 104, Nov. 13, 1998, 112 Stat. 3499, related to park budgets and accountability. See section 100503 of Title 54, National Park Service and Related Programs. SUBCHAPTER II—NATIONAL PARK SYSTEM RESOURCE INVENTORY AND MANAGEMENT § 5931. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272 Section, Pub. L. 105–391, title II, § 201, Nov. 13, 1998, 112 Stat. 3499, related to purposes of this subchapter. § 5932. Repealed. Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat.

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