54 U.S.C. § 101914 — Term of concession contracts

Page 51 TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS § 101915 the award, the Secretary shall take all rea- sonable and appropriate steps to consider al- ternatives to avoid the interruption. (B) CONTRACT IN EXTRAORDINARY CIR- CUMSTANCES.—The Secretary may award a concession contract in extraordinary cir- cumstances where compelling and equitable considerations require the award of a con- cession contract to a particular party in the public interest. Award of a concession con- tract under this subparagraph shall not be made by the Secretary until at least 30 days after— (i) publication in the Federal Register of notice of the Secretary’s intention to award the contract and the reasons for the action; and (ii) submission of notice to the Com- mittee on Energy and Natural Resources of the Senate and the Committee on Nat- ural Resources of the House of Representa- tives. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3138; Pub. L. 114–289, title V, § 502, Dec. 16, 2016, 130 Stat. 1490.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101913 ......... 16 U.S.C. 5952 (less (7)(C)). Pub. L. 105–391, title IV, § 403 (less (7)(C)), Nov. 13, 1998, 112 Stat. 3504. In paragraph (1), the words ‘‘entities seeking award of a concession contract’’ are substituted for ‘‘concessions contracts’’ for clarity. In paragraph (2)(B)(i), the words ‘‘by electronic means’’ are substituted for ‘‘the Commerce Business Daily’’ to eliminate obsolete words. Federal Business Opportunities is the designated single point of uni- versal electronic public access for publication of all procurement information and notices previously pub- lished in the Commerce Business Daily. See 66 Fed. Reg. 27407, May 16, 2001, 68 Fed. Reg. 56678, October 1, 2003, 48 CFR ch. 1, subch. B, part 5, and the special no- tice posted in CBDNet on December 28, 2001, and print- ed on January 2, 2002. In paragraph (5)(C), the words ‘‘concession contract’’ are substituted for ‘‘concession, contracts’’ to correct an error in the source provision. In paragraph (8)(B)(ii)(III), the word ‘‘concession’’ is added for consistency in this subchapter. Editorial Notes AMENDMENTS 2016—Par. (9). Pub. L. 114–289 amended par. (9) gen- erally. Prior to amendment, text read as follows: ‘‘The Secretary shall not grant a preferential right to a con- cessioner to provide new or additional services in a System unit.’’ § 101914. Term of concession contracts A concession contract entered into pursuant to this subchapter shall generally be awarded for a term of 10 years or less. The Secretary may award a contract for a term of up to 20 years if the Secretary determines that the contract terms and conditions, including the required construction of capital improvements, warrant a longer term. (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3142.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101914 ......... 16 U.S.C. 5953. Pub. L. 105–391, title IV, § 404, Nov. 13, 1998, 112 Stat. 3508; Pub. L. 106–176, title III, § 311, Mar. 10, 2000, 114 Stat. 34. § 101915. Protection of concessioner investment (a) DEFINITIONS.—In this section: (1) CAPITAL IMPROVEMENT.—The term ‘‘cap- ital improvement’’ means a structure, a fix- ture, or nonremovable equipment provided by a concessioner pursuant to the terms of a con- cession contract and located on land of the United States within a System unit. (2) CONSUMER PRICE INDEX.—The term ‘‘Con- sumer 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 ap- proximating the Consumer Price Index. (b) LEASEHOLD SURRENDER INTEREST IN CAP- ITAL IMPROVEMENTS.—A concessioner that con- structs a capital improvement on land owned by the United States within a System unit pursu- ant to a concession contract shall have a lease- hold surrender interest in the capital improve- ment subject to the following terms and condi- tions: (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 im- provement to the extent of the value of the concessioner’s leasehold surrender interest in the capital improvement. (2) PLEDGE AS SECURITY.—A leasehold sur- render interest may be pledged as security for financing of a capital improvement or the ac- quisition of a concession contract when ap- proved by the Secretary pursuant to this sub- chapter. (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 EXTINGUISHING OR TAKING INTER- EST.—A leasehold surrender interest shall not be extinguished by the expiration or other ter- mination of a concession contract and may not be taken for public use except on payment of just compensation. (5) VALUE OF INTEREST.—The value of a leasehold surrender interest in a capital im- provement shall be an amount equal to the initial value (construction cost of the capital improvement), increased (or decreased) by the same percentage increase (or decrease) as the percentage increase (or decrease) in the Con- sumer Price Index, from the date of making the investment in the capital improvement by the concessioner to the date of payment of the value of the leasehold surrender interest, less