112 STAT. 3510
PUBLIC LAW 105-391—NOV. 13, 1998
(3) In the event that a new concessioner is awarded a
concessions contract and is required to pay a prior concessioner
for possessory interest in prior improvements, the new concessioner shall have a leasehold surrender interest in such prior
improvements and the initial value in such leasehold surrender
interest (instead of construction cost), shall be an amount equal
to the value of the existing possessory interest as of the termination date of the previous contract.
(c) TRANSITION TO SUCCESSOR CONCESSIONER. —Upon expiration
or termination of a concessions contract entered into after the
effective date of this title, a concessioner shall be entitled under
the terms of the concessions contract to receive from the United
States or a successor concessioner the value of any leasehold surrender interest in a capital improvement as of the date of such expiration or termination. A successor concessioner shall have a leasehold
surrender interest in such capital improvement under the terms
of a new contract and the initial value of the leasehold surrender
interest in such capital improvement (instead of construction cost)
shall be the amount of money the new concessioner is required
to pay the prior concessioner for its leasehold surrender interest
under the terms of the prior concessions contract.
(d) TITLE TO IMPROVEMENTS. — Title to any capital improvement
constructed by a concessioner on lands owned by the United States
in a unit of the National Park System shall be vested in the
United States.
(e) DEFINITIONS.— For purposes of this section:
(1) CONSUMER PRICE INDEX.— The term "Consumer Price
Index" means the "Consumer Price Index—All Urban Consumers" published by the Bureau of Labor Statistics of the Department of Labor, unless such index is not published, in which
case another regularly published cost-of-living index approximating the Consumer Price Index shall be utilized by the
Secretary; and
(2) CAPITAL IMPROVEMENT.—The term "capital improvement" means a structure, fixture, or nonremovable equipment
provided by a concessioner pursuant to the terms of a concessions contract and located on lands of the United States within
a unit of the National Park System.
Deadline.
(f) SPECIAL REPORTING REQUIREMENT. — Not later than 7 years
after the date of the enactment of this Act, the Secretary shall
submit a report to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the House of
Representatives containing a complete analysis of the concession
program as well as—
(1) an assessment of competition in the solicitation of
prospectuses, fair and/or increased return to the Government,
and improvement of concession facilities and infrastructure;
and
(2) an assessment of any problems with the management
and administration of the concession program that are a direct
result of the implementation of the provisions of this title.
16 USC 5955.
SEC. 406. REASONABLENESS OF RATES.
(a) IN GENERAL.— Each concessions contract shall permit the
concessioner to set reasonable and appropriate rates and charges
for facilities, goods, and services provided to the public, subject
to approval under subsection (b).
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