54 U.S.C. § 101918 — Transfer or conveyance of concession contracts or leasehold surrender interests
submitted 12 years ago by Pub. L. 113-287 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 249 words · no verdicts yet
A concession business needs the Secretary's written approval before selling, transferring, or pledging its contract or leasehold interest. The Secretary must approve unless the transfer would put an unqualified buyer in charge, harm park resources or services, or hurt the concessioner's fair profit.
(a) Approval of Secretary*. A concessioner cannot transfer, assign, sell, convey, or pledge its concession contract or leasehold surrender interest without first notifying the Secretary in writing and getting the Secretary's approval.
(b) Conditions. The Secretary must approve a transfer or conveyance described in subsection (a) unless the Secretary finds that: (1) the person, corporation, or entity trying to acquire the contract isn't qualified or able to meet its terms and conditions; (2) the transfer would hurt either the protection, conservation, or preservation of the unit's resources, or the provision of necessary and appropriate services to visitors at reasonable rates; and (3) the terms of the transfer are likely, directly or indirectly, to reduce the concessioner's chance at a reasonable profit for the rest of the contract, hurt the quality of the facilities or services, or force rates to go up to keep quality up.
(c) Modification or Renegotiation of Terms. The Secretary cannot use a transfer or conveyance under subsection (a) as an excuse to modify or renegotiate the contract's terms — unless that transfer or conveyance would cause the kind of adverse impact described in subsection (b)(2).
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.
The Secretary shall approve a transfer or conveyance described in subsection (a) unless the Secretary finds that—
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;
the transfer or conveyance would have an adverse impact on—
the protection, conservation, or preservation of the resources of the System unit*; or
the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and
the terms of the transfer or conveyance are likely, directly or indirectly, to—
reduce the concessioner’s opportunity for a reasonable profit over the remaining term of the concession contract;
adversely affect the quality of facilities and services provided by the concessioner; or
result in a need for increased rates and charges to the public to maintain the quality of the facilities and services.
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).
Source credit: (Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3147.)
- 2014Enacted · Pub. L. 113-287 · 128 Stat. 3147
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-287 on 2014-12-19.
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