US Code
SUBCHAPTER II— COMMERCIAL VISITOR SERVICES
§ 101917. Franchise fees

(a)
In General.—
A concession contract shall provide for payment to the Federal Government
of a franchise fee or other monetary consideration as determined by the
Secretary, on consideration of the probable value to the concessioner of the
privileges granted by the particular contract involved. Probable value shall be
based on a reasonable opportunity for net profit in relation to capital invested
and the obligations of the concession contract. Consideration of revenue to the
United States shall be subordinate to the objectives of protecting and
preserving System units and of providing necessary and appropriate services for
visitors at reasonable rates.
(b)
Provisions To Be Specified in Contract.—
The amount of the franchise fee or other monetary consideration paid to the
United States for the term of the concession contract shall be specified in the
concession contract and may be modified only to reflect extraordinary
unanticipated changes from the conditions anticipated as of the effective date
of the concession contract. The Secretary shall include in concession contracts
with a term of more than 5 years a provision that allows reconsideration of the
franchise fee at the request of the Secretary or the concessioner in the event
of extraordinary unanticipated changes. The provision shall provide for binding
arbitration in the event that the Secretary and the concessioner are unable to
agree on an adjustment to the franchise fee in those circumstances.
(c)
Special Account in Treasury.—
(1)
Deposit and availability.—
All franchise fees (and other monetary consideration) paid to the
United States pursuant to concession contracts shall be deposited in a
special account established in the Treasury. Twenty percent of the funds
deposited in the special account shall be available for expenditure by the
Secretary, without further appropriation, to support activities throughout
the System regardless of the System unit in which the funds were collected.
The funds deposited in the special account shall remain available until
expended.
(2)
Subaccount for each system unit.—
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.