Page:United States Statutes at Large Volume 128.pdf/3171

Rh : in which the funds were collected. The funds deposited in the special account shall remain available until expended.
 * (2) —There shall be established within the special account a subaccount for each System unit. Each subaccount shall be credited with 80 percent of the franchise fees (and other monetary consideration) collected at a single System unit under concession contracts. The funds credited to the subaccount for a System unit shall be available for expenditure by the Secretary, without further appropriation, for use at the System 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.

§ 101918. Transfer or conveyance of concession contracts or leasehold surrender interests

(a) —No concession 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) —The Secretary shall approve a transfer or conveyance described in subsection (a) unless the Secretary finds that—
 * (1) the individual, corporation, or other entity seeking to acquire a concession contract is not qualified or able to satisfy the terms and conditions of the concession contract;
 * (2) the transfer or conveyance would have an adverse impact on—
 * (A) the protection, conservation, or preservation of the resources of the System unit; or
 * (B) the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and
 * (3) the terms of the transfer or conveyance are likely, directly or indirectly, to—
 * (A) reduce the concessioner’s opportunity for a reasonable profit over the remaining term of the concession contract;
 * (B) adversely affect the quality of facilities and services provided by the concessioner; or
 * (C) result in a need for increased rates and charges to the public to maintain the quality of the facilities and services.

(c) —The terms and conditions of any concession 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 the transfer or conveyance would have an adverse impact as described in subsection (b)(2).

§ 101919. National Park Service Concessions Management Advisory Board

(a) —There is a National Park Service Concessions Management Advisory Board whose purpose shall be to advise the Secretary and Service on matters relating to management of concessions in the System.

(b) —