§ 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).