From http://www.nps.gov/buff/learn/management/upload/36-CFR-51-Concessions-Contracts.pdf
The major concern of existing
concessioners was the 1998 Act’s repeal
of the 1965 Act’s preference in renewal.
Some existing concessioners consider it
unfair (and illegal) to deprive them of a
preference in the renewal of their
existing contracts or permits (1965 Act
concession contracts).
...
NPS has fully reviewed the legal
arguments made by existing
concessioners and their attorneys. NPS
considers, however, that nothing
contained in these arguments provides
it with a reasonable basis to conclude
that the 1998 Act’s repeal of the 1965
Act’s preference in renewal is not
applicable to NPS 1965 Act concession
contracts or permits. NPS also points
out that a contrary interpretation would
be in direct conflict with the 1998 Act’s
purpose of enhancing competition in
concession contracting.