§ 5956. — Franchise fees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5956]
TITLE 16--CONSERVATION
CHAPTER 79--NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
Sec. 5956. Franchise fees
(a) In general
A concessions contract shall provide for payment to the government
of a franchise fee or such other monetary consideration as determined by
the Secretary, upon consideration of the probable value to the
concessioner of the privileges granted by the particular contract
involved. Such probable value shall be based upon a reasonable
opportunity for net profit in relation to capital invested and the
obligations of the contract. Consideration of revenue to the United
States shall be subordinate to the objectives of protecting and
preserving park areas and of providing necessary and appropriate
services for visitors at reasonable rates.
(b) Amount of franchise fee
The amount of the franchise fee or other monetary consideration paid
to the United States for the term of the concessions contract shall be
specified in the concessions contract and may only be modified to
reflect extraordinary unanticipated changes from the conditions
anticipated as of the effective date of the contract. The Secretary
shall include in concessions contracts with a term of more than 5 years
a provision which allows reconsideration of the franchise fee at the
request of the Secretary or the concessioner in the event of such
extraordinary unanticipated changes. Such provision shall provide for
binding arbitration in the event that the Secretary and the concessioner
are unable to agree upon an adjustment to the franchise fee in these
circumstances.
(c) Special account
All franchise fees (and other monetary consideration) paid to the
United States pursuant to concessions contracts shall be deposited into
a special account established in the Treasury of the United States.
Twenty percent of the funds deposited in the special account shall be
available for expenditure by the Secretary, without further
appropriation, to support activities throughout the National Park System
regardless of the unit of the National Park System in which the funds
were collected. The funds deposited into the special account shall
remain available until expended.
(d) Subaccount for each unit
There shall be established within the special account required under
subsection (c) of this section a subaccount for each unit of the
National Park System. Each subaccount shall be credited with 80 percent
of the franchise fees (and other monetary consideration) collected at a
single unit of the National Park System under concessions contracts. The
funds credited to the subaccount for a unit of the National Park System
shall be available for expenditure by the Secretary, without further
appropriation, for use at the 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.
(Pub. L. 105-391, title IV, Sec. 407, Nov. 13, 1998, 112 Stat. 3511.)
