§ 5957. — Transfer of concessions contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC5957]
TITLE 16--CONSERVATION
CHAPTER 79--NATIONAL PARK SERVICE MANAGEMENT
SUBCHAPTER III--NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
Sec. 5957. Transfer of concessions contracts
(a) Approval of Secretary
No concessions 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.
(b) Conditions
The Secretary shall approve a transfer or conveyance described in
subsection (a) of this section unless the Secretary finds that--
(1) the individual, corporation or entity seeking to acquire a
concessions contract is not qualified or able to satisfy the terms
and conditions of the concessions contract;
(2) such transfer or conveyance would have an adverse impact on
(A) the protection, conservation, or preservation of the resources
of the unit of the National Park System or (B) the provision of
necessary and appropriate facilities and services to visitors at
reasonable rates and charges; and
(3) the terms of such transfer or conveyance are likely,
directly or indirectly, to reduce the concessioner's opportunity for
a reasonable profit over the remaining term of the 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 such facilities and
services.
(c) Transfer terms
The terms and conditions of any 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) of this
section, unless such transfer or conveyance would have an adverse impact
as described in paragraph (2) of subsection (b) of this section.
(Pub. L. 105-391, title IV, Sec. 408, Nov. 13, 1998, 112 Stat. 3512.)
