112 STAT. 3512
PUBLIC LAW 105-391—NOV. 13, 1998
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) 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.
16 USC 5957.
SEC. 408. TRANSFER OF CONCESSIONS CONTRACTS.
(a) APPROVAL OF THE 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) 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), unless such transfer or conveyance
would have an adverse impact as described in paragraph (2) of
subsection (b).
SEC. 409. NATIONAL PARK SERVICE CONCESSIONS MANAGEMENT
16 USC 5958.
ADVISORY BOARD.
(a) ESTABLISHMENT.— There is hereby established a National
Park Service Concessions Management Advisory Board (in this
title referred to as the "Advisory Board") whose purpose shall
be to advise the Secretary and National Park Service on matters
relating to management of concessions in the National Park System.
(b) DUTIES.—
(1) ADVICE.— The Advisory Board shall advise on each of
the following:
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