proposals at least once in local or national newspapers or
trade publications, as appropriate, and shall make such
prospectus available upon request to all interested parties.
(2) The prospectus shall include, but need not be lim-
ited to, the following information:
(A) The minimum requirements for such con-
tract, as set forth in subsection (c).
(B) The terms and conditions of the existing
concessions contract awarded for such park, if any,
including all fees and other forms of compensation
provided to the United States by the concessioner.
(C) Other authorized facilities or services which
may be provided in a proposal.
(D) Facilities and services to be provided by the
Secretary to the concessioner, if any, including but
not limited to, public access, utilities, and buildings.
(E) Minimum public services to be offered with-
in a park by the Secretary, including but not limited
to, interpretive programs, campsites, and visitor cen-
ters.
(F) Such other information related to the pro-
posed concessions operation as is not privileged or
otherwise exempt from disclosure under Federal law
as the Secretary determines is necessary to allow for
the submission of competitive proposals.
(c) MINIMUM PROPOSAL REQUIREMENTS.—(1) No
proposal shall be considered which fails to meet the mini-
mum requirements as determined by the Secretary. Such
minimum requirements shall include, but need not be lim-
ited to, the minimum acceptable franchise fee, the dura-
tion of the contract, facilities, services, or capital invest-
ment required to be provided by the concessioner, and
measures needed to ensure the protection and preservation
of park resources.
(2) The Secretary may reject any proposal, notwith-
standing the amount of franchise fee offered, if the Sec-
retary determines that the person, corporation, or entity
is not qualified, is likely to provide unsatisfactory service,
or that the proposal is not responsive to the objectives of
protecting and preserving park resources and of providing
necessary and appropriate facilities or services to the pub-
lic at reasonable rates.
(3) If all proposals submitted to the Secretary either
fail to meet the minimum requirements or are rejected by
the Secretary, the Secretary shall establish new minimum
contract requirements and re-initiate the competitive se-
lection process pursuant to this section.
(d) SELECTION OF BEST PROPOSAL.—In selecting
the best proposal, the Secretary shall consider the follow-
ing principal factors:
(1) The proposed franchise fee.
(2) The responsiveness of the proposal to the
objectives of protecting and preserving park re-
sources and of providing necessary and appropriate
facilities and services to the public at reasonable
rates.
(3) The experience and related background of
the person, corporation, or entity submitting the
proposal.
(4) The financial capability of the person, cor-
poration, or entity submitting the proposal.
(5) Such secondary factors as the Secretary
deems appropriate.
(e) NO PREFERENTIAL RIGHTS RENEWAL.—The
Secretary shall not grant a preferential right to a conces-
sioner to renew a concessions contract executed pursuant
to this Act. The Secretary shall not grant a preferential
right to a concessioner to provide new or additional serv-
ices at a park.
SEC. 406. FRANCHISE FEES.
(a) IN GENERAL.—Franchise fees, however stated,
shall not be less than the minimum fee established by the
Secretary for each contract. The minimum fee shall be de-
termined in a manner that will provide the concessioner
with a reasonable opportunity to realize a profit on the
operation as a whole, commensurate with the capital in-
vested and the obligations assumed.
(b) MULTIPLE CONTRACTS WITHIN
A PARK.—If
multiple concessions contracts are awarded to authorize
concessioners to provide the same or similar outfitting,
guide, river running, or other similar services at the same
approximate location or resource within a specific park,
the Secretary shall establish an identical franchise fee for
all such contracts. Such fee shall reflect fair market value,
as determined by the Secretary.
SEC. 407. DURATION OF CONTRACT.
A concessions contract entered into pursuant to this
Act shall be awarded for a term not to exceed 10 years.
SEC. 408. TRANSFER OF CONTRACT.
No concessions contract may be transferred, as-
signed, sold, or otherwise conveyed by a concessioner with-
out prior written notification to, and approval of the Sec-
retary. The Secretary shall not approve the transfer of a
concessions contract to any individual, corporation or
other entity if the Secretary determines that—
(1) such individual, corporation or entity is, or
is likely to be, unable to completely satisfy all of the
requirements, terms, and conditions of the contract;
or
(2) such transfer, assignment, sale or convey-
ance is not consistent with the objectives of protect-
ing and preserving park resources, and of providing
necessary and appropriate facilities or services to the
public at reasonable rates.
SEC. 409. STRUCTURES AND FACILITIES.
(a) EXISTING STRUCTURES.—(1) A concessioner who
before the date of the enactment of this Act has acquired
or constructed, or is required under an existing conces-
sions contract to commence acquisition or construction of
any structure, fixture, or improvement upon land owned
by the United States within a park, pursuant to a conces-
sions contract, shall have a possessory interest therein, to
the extent provided by such contract.
(2) The provisions of this subsection shall not apply
to a concessioner whose contract in effect on the date of
enactment of this Act does not include recognition of a
possessory interest.
(3) For any concessions contract entered into on or
after the date of enactment of this Act, the provisions of
subsection (b) shall apply to any existing structure, fix-
ture, or improvement as defined in paragraph (1), except
that the value of the possessory interest as of the termi-
nation date of the first contract expiring after the date
of enactment of this Act shall be used as the basis for
depreciation, in lieu of the actual original cost of such
structure, fixture, or improvement.
(b) NEW STRUCTURES.—(1) On or after the date of
enactment of this Act, if a concessioner constructs or ac-
quires a new, additional, or replacement structure, fixture,
or improvement upon land owned by the United States
within a park, pursuant to a concessions contract, title to
any such structure, fixture, or improvement shall be vested
in the United States but the concessioner shall have an
interest in such structure, fixture, or improvement equiva-
lent to the actual original cost of acquiring or constructing
such structure, fixture, or improvement, less straight line
depreciation over the estimated useful life of the asset ac-
cording to Generally Accepted Accounting Principles. In
no event shall the estimated useful life of such asset ex-
ceed the depreciation period used for such asset for Fed-
eral income tax purposes.
(2) When any contract expires or is terminated, the
concessioner shall be entitled to receive from the United
States or the successor concessioner payment equal to the
remaining value, if any, of the concessioner’s interest in
any structure, fixture, or improvement at the time of such
termination or expiration. A successor concessioner may
not revalue the interest in such structure, fixture, or im-