Deadline for requests for franchise fee relief under National Park Service concession contracts

The 1998 Concessions Act states that NPS franchise fees “may be modified only to reflect extraordinary unanticipated changes from the conditions anticipated as of the effective date of the concession contract.”  The standard NPS concession contract provides for this fee adjustment but requires concessioners to submit any request for a reduction in the franchise fee within a certain amount of days (typically 60) of when they knew or should have known of the basis for the relief.  In order to protect your right to seek this relief, we recommend that concessioners file these requests as soon as possible in the manner prescribed by their contract given the lack of precision as to exactly when the basis for this relief was or should have been known.  While it is possible such relief may be provided regardless of a concessioner making such a request, submitting the written request removes any risk that the contract deadline may preclude you from seeking or receiving fee relief.