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(10) AUTHORITY OF SECRETARY NOT LIMITED.—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) EXCEPTIONS.—Notwithstanding this section, the Secretary may 
award, without public solicitation, the following: 
(A) TEMPORARY CONTRACT.—To avoid interruption of services 
to the public at a System unit, the Secretary may award a tem-
porary concession contract or an extension of an existing conces-
sions 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) CONTRACT IN EXTRAORDINARY CIRCUMSTANCES.—The Sec-
retary may award a concession contract in extraordinary cir-
cumstances 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 subpara-
graph shall not be made by the Secretary until at least 30 days 
after— 
(i) publication in the Federal Register of notice of the Sec-
retary’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 Nat-
ural Resources of the House of Representatives. 
§ 101914. Term of concession contracts 
A concession contract entered into pursuant to this subchapter shall gen-
erally 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, including the required construction of 
capital improvements, warrant a longer term. 
§ 101915. Protection of concessioner investment 
(a) DEFINITIONS.—In this section: 
(1) CAPITAL
IMPROVEMENT.—The term ‘‘capital improvement’’ 
means a structure, a fixture, or nonremovable equipment provided by 
a concessioner pursuant to the terms of a concession contract and lo-
cated on land of the United States within a System unit. 
(2) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price Index’’ 
means— 
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(A) the ‘‘Consumer Price Index—All Urban Consumers’’ pub-
lished by the Bureau of Labor Statistics of the Department of 
Labor; or 
(B) if the Index is not published, another regularly published 
cost-of-living index approximating the Consumer Price Index. 
(b) LEASEHOLD SURRENDER INTEREST IN CAPITAL IMPROVEMENTS.— 
A concessioner that constructs a capital improvement on land owned by the 
United States within a System unit pursuant to a concession contract shall 
have a leasehold surrender interest in the capital improvement subject to 
the following terms and conditions: 
(1) IN GENERAL.—A concessioner shall have a leasehold surrender 
interest in each capital improvement constructed by a concessioner 
under a concession contract, consisting solely of a right to compensa-
tion for the capital improvement to the extent of the value of the con-
cessioner’s leasehold surrender interest in the capital improvement. 
(2) PLEDGE AS SECURITY.—A leasehold surrender interest may be 
pledged as security for financing of a capital improvement or the acqui-
sition of a concession contract when approved by the Secretary pursu-
ant to this subchapter. 
(3) TRANSFER AND RELINQUISHMENT OR WAIVER OF INTEREST.— 
A leasehold surrender interest shall be transferred by the concessioner 
in connection with any transfer of the concession contract and may be 
relinquished or waived by the concessioner. 
(4) LIMIT ON EXTINGUISHING OR TAKING INTEREST.—A leasehold 
surrender interest shall not be extinguished by the expiration or other 
termination of a concession contract and may not be taken for public 
use except on payment of just compensation. 
(5) VALUE OF INTEREST.—The value of a leasehold surrender inter-
est in a capital improvement shall be an amount equal to the initial 
value (construction cost of the capital improvement), increased (or de-
creased) by the same percentage increase (or decrease) as the percent-
age increase (or decrease) in the Consumer Price Index, from the date 
of making the investment in the capital improvement by the conces-
sioner to the date of payment of the value of the leasehold surrender 
interest, less depreciation of the capital improvement as evidenced by 
the condition and prospective serviceability in comparison with a new 
unit of like kind. 
(6) VALUE
OF
INTEREST
IN
CERTAIN
NEW
CONCESSION
CON-
TRACTS.— 
(A) HOW VALUE IS DETERMINED.—The Secretary may provide, 
in any new concession contract that the Secretary estimates will 
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have a leasehold surrender interest of more than $10,000,000, 
that the value of any leasehold surrender interest in a capital im-
provement shall be based on— 
(i) a reduction on an annual basis, in equal portions, over 
the same number of years as the time period associated with 
the straight line depreciation of the initial value (construction 
cost of the capital improvement), as provided by applicable 
Federal income tax laws and regulations in effect on Novem-
ber 12, 1998; or 
(ii) an alternative formula that is consistent with the objec-
tives of this subchapter. 
(B) WHEN ALTERNATIVE FORMULA MAY BE USED.—The Sec-
retary may use an alternative formula under subparagraph (A)(ii) 
only if the Secretary determines, after scrutiny of the financial 
and other circumstances involved in the particular concession con-
tract (including providing notice in the Federal Register and op-
portunity for comment), that the alternative formula is, compared 
to the standard method of determining value provided for in para-
graph (5), necessary to provide a fair return to the Federal Gov-
ernment and to foster competition for the new contract by pro-
viding a reasonable opportunity to make a profit under the new 
contract. If no responsive offers are received in response to a solic-
itation that includes the alternative formula, the concession oppor-
tunity shall be resolicited with the leasehold surrender interest 
value as described in paragraph (5). 
(7) INCREASE IN VALUE OF INTEREST.—Where a concessioner, pur-
suant to the terms of a concession contract, makes a capital improve-
ment to an existing capital improvement in which the concessioner has 
a leasehold surrender interest, the cost of the additional capital im-
provement shall be added to the then-current value of the conces-
sioner’s leasehold surrender interest. 
(c) SPECIAL RULE FOR POSSESSORY INTEREST EXISTING BEFORE NO-
VEMBER 13, 1998.— 
(1) IN GENERAL.—A concessioner that has obtained a possessory in-
terest (as defined pursuant to the Act of October 9, 1965 (known as 
the National Park Service Concessions Policy Act; Public Law 89–249, 
79 Stat. 969), as in effect on November 12, 1998) under the terms 
of a concession contract entered into before November 13, 1998, shall, 
on the expiration or termination of the concession contract, be entitled 
to receive compensation for the possessory interest improvements in the 
amount and manner as described by the concession contract. Where 
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that possessory interest is not described in the existing concession con-
tract, compensation of possessory interest shall be determined in ac-
cordance with the laws in effect on November 12, 1998. 
(2) EXISTING CONCESSIONER AWARDED A NEW CONTRACT.—A con-
cessioner awarded a new concession contract to replace an existing con-
cession contract after November 13, 1998, instead of directly receiving 
the possessory interest compensation, shall have a leasehold surrender 
interest in its existing possessory interest improvements under the 
terms of the new concession contract and shall carry over as the initial 
value of the leasehold surrender interest (instead of construction cost) 
an amount equal to the value of the existing possessory interest as of 
the termination date of the previous concession contract. In the event 
of a dispute between the concessioner and the Secretary as to the value 
of the possessory interest, the matter shall be resolved through binding 
arbitration. 
(3) NEW CONCESSIONER AWARDED A CONTRACT.—A new conces-
sioner awarded a concession contract and required to pay a prior con-
cessioner for possessory interest in prior improvements shall have a 
leasehold surrender interest in the prior improvements. The initial 
value in the leasehold surrender interest (instead of construction cost) 
shall be an amount equal to the value of the existing possessory inter-
est as of the termination date of the previous concession contract. 
(4) DE NOVO REVIEW OF VALUE DETERMINATION.—If the Secretary, 
or either party to a value determination proceeding conducted under a 
Service concession contract issued before November 13, 1998, considers 
that the value determination decision issued pursuant to the proceeding 
misinterprets or misapplies relevant contractual requirements or their 
underlying legal authority, the Secretary or either party may seek, 
within 180 days after the date of the decision, de novo review of the 
value determination decision by the United States Court of Federal 
Claims. The Court of Federal Claims may make an order affirming, 
vacating, modifying or correcting the determination decision. 
(d) TRANSITION TO SUCCESSOR CONCESSIONER.—On expiration or ter-
mination of a concession contract entered into after November 13, 1998, a 
concessioner shall be entitled under the terms of the concession contract to 
receive from the United States or a successor concessioner the value of any 
leasehold surrender interest in a capital improvement as of the date of the 
expiration or termination. A successor concessioner shall have a leasehold 
surrender interest in the capital improvement under the terms of a new con-
cession contract and the initial value of the leasehold surrender interest in 
the capital improvement (instead of construction cost) shall be the amount 
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