Page:United States Statutes at Large Volume 128.pdf/3166

128 STAT. 3142 ::::(II) the Secretary determines that the concessioner has operated satisfactorily during the term of the contract (including any extension); and
 * (III) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
 * (C) —A concessioner that holds a concession contract that the Secretary estimates will result in gross annual receipts of less than $500,000 if renewed shall be entitled to a preferential right of renewal under this subchapter if—
 * (i) the Secretary has determined that the concessioner has operated satisfactorily during the term of the contract (including any extension); and
 * (ii) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
 * (9) —The Secretary shall not grant a preferential right to a concessioner to provide new or additional services in a System unit.
 * (10) —Nothing in this subchapter shall be construed as limiting the authority of the Secretary to determine whether to issue a concession contract or to establish its terms and conditions in furtherance of the policies expressed in this subchapter.
 * (11) —Notwithstanding this section, the Secretary may award, without public solicitation, the following:
 * (A) —To avoid interruption of services to the public at a System unit, the Secretary may award a temporary concession contract or an extension of an existing concessions contract for a term not to exceed 3 years, except that prior to making the award, the Secretary shall take all reasonable and appropriate steps to consider alternatives to avoid the interruption.
 * (B) —The Secretary may award a concession contract in extraordinary circumstances where compelling and equitable considerations require the award of a concession contract to a particular party in the public interest. Award of a concession contract under this subparagraph shall not be made by the Secretary until at least 30 days after—
 * (i) publication in the Federal Register of notice of the Secretary’s intention to award the contract and the reasons for the action; and
 * (ii) submission of notice to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.

§ 101914. Term of concession contracts

A concession contract entered into pursuant to this subchapter shall generally be awarded for a term of 10 years or less. The Secretary may award a contract for a term of up to 20 years if the Secretary determines that the contract terms and conditions,