2011 US Code
Title 16 - Conservation
Chapter 79 - NATIONAL PARK SERVICE MANAGEMENT (§§ 5901 - 6011)
Subchapter III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT (§§ 5951 - 5966)
Section 5957 - Transfer of concessions contracts
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 16 - CONSERVATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 16 - CONSERVATION CHAPTER 79 - NATIONAL PARK SERVICE MANAGEMENT SUBCHAPTER III - NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT Sec. 5957 - Transfer of concessions contracts |
Contains | section 5957 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 105-391, title IV, §408, Nov. 13, 1998, 112 Stat. 3512. |
Statutes at Large Reference | 112 Stat. 3512 |
Public Law Reference | Public Law 105-391 |
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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) ConditionsThe 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 termsThe 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, §408, Nov. 13, 1998, 112 Stat. 3512.)
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