54 U.S.C. § 101918 — Transfer or conveyance of concession

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) the individual, corporation, or other enti- ty 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 preser- vation of the resources of the System unit; or (B) the provision of necessary and appro- priate 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 facili- ties and services provided by the conces- sioner; or (C) result in a need for increased rates and charges to the public to maintain the qual- ity of the facilities and services. (c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and conditions of any con- cession contract under this section shall not be subject to modification or open to renegotiation by the Secretary because of a transfer or con- veyance described in subsection (a) unless the transfer or conveyance would have an adverse impact as described in subsection (b)(2). (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. § 101919. National Park Service Concessions Management Advisory Board (a) ESTABLISHMENT AND PURPOSE.—There is a National Park Service Concessions Management Advisory Board whose purpose shall be to advise the Secretary and Service on matters relating to management of concessions in the System. (b) DUTIES.— (1) ADVICE.—The Advisory Board shall advise on each of the following: (A) Policies and procedures intended to en- sure that services and facilities provided by concessioners— (i) are necessary and appropriate; (ii) meet acceptable standards at reason- able rates with a minimum of impact on System unit resources and values; and (iii) provide the concessioners with a reasonable opportunity to make a profit. (B) Ways to make Service concession pro- grams and procedures more cost effective, more process efficient, less burdensome, and timelier. (2) RECOMMENDATIONS.—The Advisory Board shall make recommendations to the Secretary regarding each of the following: (A) The Service contracting with the pri- vate sector to conduct appropriate elements of concession management. (B) Ways to make the review or approval of concessioner rates and charges to the pub- lic more efficient, less burdensome, and timelier. (C) The nature and scope of products that qualify as Indian, Alaska Native, and Native Hawaiian handicrafts within the meaning of this subchapter. (D) The allocation of concession fees. (3) ANNUAL REPORT.—The Advisory Board shall provide an annual report on its activities to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Sen- ate. (c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory Board shall be appointed on a stag- gered basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary. The Advisory Board shall be com- prised of not more than 7 individuals appointed