36 C.F.R. § 51.88
What happens if an assignment or encumbrance is completed without the approval of the Director?
Assignments or encumbrances completed without the prior written approval of the Director will be considered as null and void and a material breach of the applicable concession contract which may result in termination of the contract for cause. No person will obtain any valid or enforceable rights in a concessioner, in a concession contract, or to operate or manage under a concession contract as a subconcessioner or otherwise, or to leasehold surrender interest or possessory interest, if acquired in violation of the requirements in this subpart.
Notes of Decisions
Cited in 1
case, 2002–2002 · leading case: Amfac Resorts, L.L.C. v. United States Dep't of the Interior, 282 F.3d 818 (D.C. Cir. 2002).
Amfac Resorts, L.L.C. v. United States Dep't of the Interior, 282 F.3d 818 (D.C. Cir. 2002). “But the prospect certainly can give rise to an interested party’s seeking the Park Service’s judgment that its proposed transaction does not need approval. A lawsuit could be brought if the concessioner is dissatisfied with the answer.”
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