Page:United States Statutes at Large Volume 112 Part 5.djvu/748

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112 STAT. 3506 PUBLIC LAW 105-391—NOV. 13, 1998 Applicability. (iii) The financial capability of the person, corporation. or entity submitting the proposal. (iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate to the objectives of protecting, conserving, and preserving resources of the unit of the National Park System and of providing necessary and appropriate facilities to the public at reasonable rates. (B) The Secretary may also consider such secondary factors as the Secretary deems appropriate. (C) In developing regulations to implement this title, the Secretary shall consider the extent to which plans for employ- ment of Indians (including Native Alaskans) and involvement of businesses owned by Indians, Indian tribes, or Native Alaskans in the operation of a concession, contracts should be identified as a factor in the selection of a best proposal under this section. (6) CONGRESSIONAI. NOTIFICAIION.— The Secretary shall submit any proposed concessions contract with anticipated annual gross receipts in excess of $5,000,000 or a duration of more than 10 years to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The Secretary shall not award any such proposed contract until at least 60 days subsequent to the notification of both committees. (7) PREFERENTIAL RIGHT OF RENEWAL. —(A) Except as provided in subparagraph (B), the Secretary shall not grant a concessioner a preferential right to renew a concessions contract, or any other form of preference to a concessions contract. (B) The Secretary shall grant a preferential right of renewal to an existing concessioner with respect to proposed renewals of the categories of concessions contracts described by paragraph (8), subject to the requirements of that paragraph. (C) As used in this title, the term "preferential right of renewal" means that the Secretary, subject to a determination by the Secretary that the facilities or services authorized by a prior contract continue to be necessary and appropriate within the meaning of section 402, shall allow a concessioner qualifying for a preferential right of renewal the opportunity to match the terms and conditions of any competing proposal which the Secretary determines to be the best proposal for a proposed new concessions contract which authorizes the continuation of the facilities and services provided by the concessioner under its prior contract. (D) A concessioner which successfully exercises a pref- erential right of renewal in accordance with the requirements of this title shall be entitled to award of the proposed new concessions contract to which such preference applies. (8) OUTFITTER AND GUIDE SERVICES AND SMALL CON- TRACTS. —(A) The provisions of paragraph (7) shall apply only to the following: (i) Subject to subparagraph (B), outfitting and guide concessions contracts. (ii) Subject to subparagraph (C), concessions contracts with anticipated annual gross receipts under $500,000. (B) For the purposes of this title, an "outfitting and guide concessions contract' means a concessions contract which solely