[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)]
[Proposed Rules]
[Pages 20374-20378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10129]




[[Page 20373]]

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Part IX





Department of the Interior





_______________________________________________________________________



National Park Service



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36 CFR Part 13



National Park System Units in Alaska; Proposed Rule

Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / 
Proposed Rules 
[[Page 20374]] 

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024-AC19


National Park System Units in Alaska

AGENCY: National Park Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The National Park Service (NPS) proposes regulations to 
implement section 1307 of the Alaska National Interest Lands 
Conservation Act (ANILCA). This action is necessary to establish 
procedures for administering the statutory rights and preferences 
established by section 1307 for certain persons to conduct revenue-
producing visitor services in certain units of the National Park System 
located in the State of Alaska. Particularly, this rulemaking will 
provide guidance in the solicitation, award and renewal of Alaska 
visitor service authorizations.

DATES: Written comments will be accepted through June 26, 1995.

ADDRESSES: Comments should be addressed to: Regional Director, Alaska 
Region, National Park Service, 2525 Gambell Street, Room 107, Docket 
1307, Anchorage, AK 99503-2892.

FOR FURTHER INFORMATION CONTACT: Chief of Concessions Management, 
Alaska Region, National Park Service, 2525 Gambell Street, Room 107, 
Anchorage, Alaska 99503-2892. Phone: (907) 257-2475.

SUPPLEMENTARY INFORMATION:

Background

    ANILCA (16 U.S.C. 3101 et seq.) was signed into law on December 2, 
1980. Its broad purpose is to provide for the disposition and use of a 
variety of federally-owned lands in Alaska. Section 1307 of ANILCA (16 
U.S.C. 3197) contains two provisions concerning persons and entities 
who are to be given special rights and preferences with respect to 
providing ``visitor services'' in certain lands under the 
administration of the Secretary of the Interior as part of the National 
Park System. The term ``visitor service'' is defined in section 1307 as 
``any service made available for a fee or charge to persons who visit a 
conservation system unit, including such services as providing food, 
accommodations, transportation, tours and guides excepting the guiding 
of sport hunting and fishing.'' Subsection (a) of section 1307 states 
as follows:

    Notwithstanding any other provision of law, the Secretary [of 
the Interior], under such terms and conditions as he determines are 
reasonable, shall permit any persons who, on or before January 1, 
1979, were engaged in adequately providing any type of visitor 
service [as defined in subsection (c)] within any area established 
as or added to a conservation system unit to continue providing such 
type of service and similar types of visitor services within such 
area if such service or services are consistent with the purposes 
for which such unit is established or expanded (16 U.S.C. 3197).

    Subsection (b) of section 1307 states as follows:

    Notwithstanding provisions of law other than those contained in 
subsection (a), in selecting persons to provide (and in the 
contracting of) any type of visitor service for any conservation 
system unit, except sport fishing and hunting guiding activities, 
the Secretary [of the Interior]--
    (1) shall give preference to the Native corporation which the 
Secretary determines is most directly affected by the establishment 
or expansion of such unit by or under the provisions of this Act;
    (2) shall give preference to persons whom he determines, by 
rule, are local residents * * * (16 U.S.C. 3197).

    Subsection (b) also provides to Cook Inlet Region, Incorporated 
(CIRI), in cooperation with village corporations within the Cook Inlet 
Region when appropriate, the right of first refusal to provide new 
visitor services within that portion of Lake Clark National Park and 
Preserve that is located within the Cook Inlet Region.
    The NPS was created by Congress in 1916 to manage the growing 
number of park areas. The purposes of the NPS as stated in the NPS 
Organic Act of August 25, 1916, are ``to conserve the scenery and the 
natural and historic objects and the wild life therein, and to provide 
for the enjoyment of the same in such a manner and by such means as 
will leave them unimpaired for the enjoyment of future generations'' 
(16 U.S.C. 1). Additionally, Congress has declared that the National 
Park System should be, ``preserved and managed for the benefit and 
inspiration of all the people of the United States'' (16 U.S.C. 1a-1). 
The National Park Service seeks both to preserve and to provide for the 
public enjoyment of significant aspects of the Nation's natural and 
cultural heritage.
    To provide park visitors necessary and appropriate facilities and 
services to enjoy park areas, Congress established a concessions 
program in the National Park Service through the Concessions Policy Act 
of 1965 (79 Stat. 969; 16 U.S.C. 20). Regulations implementing the 
Concessions Policy Act are found in 36 CFR part 51.
    The Concessions Policy Act authorizes the Secretary of the Interior 
or designee to enter into concessions contracts or issue permits to 
qualified concessioners. The NPS may provide ``necessary and 
appropriate'' visitor facilities and services for the public through 
these contracts and permits. These services include a wide variety of 
commercial visitor services from backcountry guiding to hotel 
operations. All are provided by private corporations, partnerships, 
individuals, or other entities under contract with the National Park 
Service. All exist for the purpose of providing park visitors with the 
services and accommodations that are necessary and appropriate for 
their full enjoyment of America's national parks. The determination of 
what is necessary and appropriate is done through the National Park 
Service planning process. Needs vary with the purposes of the various 
park areas and their individual circumstances at the time of 
contracting. As applicable, the Concessions Policy Act grants a 
preference in renewal of concession authorizations to those 
concessioners who have performed contractual obligations to the 
satisfaction of the Secretary. These proposed regulations describe the 
relationship of the Concessions Policy Act's preference to the 
preferences to continue providing visitor services provided by section 
1307 of ANILCA.

Section-by-Section Analysis

Section 13.80  Applicability and Scope

    Section 13.80 explains in which park areas these regulations are 
applicable, and the extent to which they apply to existing and future 
operators.

Section 13.81  Definitions

    Section 13.81 provides a number of definitions for terms used in 
the regulations. ``Historical operators'' and ``preferred operators'' 
are new terms which are explained in detail below. The term ``persons'' 
as used in these regulations is defined in 36 CFR Sec. 1.4.

Section 13.82  Visitor Services Existing on or Before January 1, 1979 
(Historical Operators)

    These provisions implement subsection (a) of section 1307 and 
permits persons who were adequately providing visitor services in 
applicable areas in Alaska prior to January 1, 1979, to continue to do 
so under reasonable terms and conditions. Such persons are referred to 
as ``historical operators.''
    Section 13.82 makes clear that the existence of a right to continue 
to provide visitor services under subsection 1307(a) is not an 
unlimited right. The right is subordinate to the 
[[Page 20375]] management of the park area and does not grant a 
monopoly to provide all visitor services in a given area to the 
exclusion of other individuals or entities. An historical operator, 
however, may provide services similar to those provided prior to 
January 1, 1979, if acceptable to NPS as consistent with the purposes 
of the park area and provided that the similar services are not in 
excess of those provided by the concessioner as of January 1, 1979. In 
addition, the rights of an historical operator are considered 
terminated upon a change in the controlling interest in the historical 
operator. This provision is intended to implement the ``grandfather 
clause'' intention of section 1307(a) while not permitting the 
effective transfer of these ``grandfather rights'' to third parties.
    Persons who, on or before January 1, 1979, were engaged in 
adequately providing any type of visitor service within a park area in 
Alaska, who have continued to provide that visitor service without a 
break in the service, and who have retained controlling interest in the 
business are considered historical operators under these regulations. A 
break in service is defined as not having operated the approved visitor 
service for more than 11 consecutive months.

Section 13.83  Visitor Services Authorized After January 1, 1979 
(Preferred Operators)

    This section implements subsection (b) of section 1307 (except with 
respect to CIRI) and grants a ``preference'' (generally defined for the 
purpose of these regulations as a right to meet the terms of the best 
offer received by NPS in a public solicitation process for visitor 
services) to certain individuals and corporations to provide visitor 
services in certain Alaska park areas.
    Section 13.83 of the proposed regulations applies to the two 
categories of persons to be given a preference pursuant to section 
1307(b) of ANILCA, collectively referred to as ``preferred operators.'' 
The first category of preferred operator is the Native corporation 
determined by the Director to be most directly affected by the park 
area.
    The second category of preferred operator consists of persons who 
are determined by the Director to be local residents of any park area, 
whether or not it pre-existed ANILCA. A ``local resident'' as defined 
in these proposed regulations means a person living within 35 straight-
line miles of a park area boundary. This would not apply under section 
13.83 to persons living in communities with a population of more than 
5,000 in order to effect the general legislative intent of assisting 
persons located in sparsely populated areas of Alaska.
    Section 13.83 as proposed establishes a procedure for the 
solicitation and award of visitor service authorizations which 
incorporates the rights of preferred operators under section 1307(b). 
In order to exercise the preference, a preferred operator must submit a 
responsive offer under the terms of a public solicitation. If a person 
without a preference submits a better offer, the preferred operator is 
given an opportunity to meet the terms of the better offer, and if the 
preferred operator does so, will be awarded the contract or permit if 
the preferred operator is capable of carrying out the terms of the 
better offer, as determined by the Director.
    As with historical operators, the NPS does not consider that 
section 1307(b) intended to provide preferred operators with an 
exclusive right to provide visitor services. Section 13.83 permits 
other persons to provide visitor services in park areas in a manner 
consistent with the preference of preferred operators. Accordingly, 
public solicitations for section 13.83 purposes will generally be the 
public solicitation used for general concession authorizations under 36 
CFR Part 51.
    Congress recognized the possibility that more than one Native 
corporation preferred operator and/or more than one local resident 
preferred operator may submit proposals, and meant for them to hold 
equal status. Section 13.83 also establishes procedures for resolving 
disputes where more than one person qualifies as a preferred operator 
with respect to a particular visitor service authorization.

Section 13.84  Preference to Cook Inlet Region, Incorporated

    This section describes the right of first refusal granted by 
section 1307(b) to Cook Inlet Region, Incorporated to provide new 
visitor services within that portion of Lake Clark National Park and 
Preserve that is within the boundaries of the Cook Inlet Region.

Section 13.85  Most Directly Affected Native Corporation Determination

    This section establishes procedures and criteria for determining 
which Native corporation is most directly affected by a park area and 
accordingly is a preferred operator with respect to that park area. The 
Director's ``most directly affected'' Native corporation decision or 
appeal decision is final for all future applicable visitor services.

Section 13.86  Appeal Procedures

    This section establishes procedures and criteria under which a 
person who considers that they have not been provided section 1307 
rights may appeal to the Director for a final administrative 
determination in this regard.

Public Participation

    The policy of the Department of the Interior is, whenever 
practicable, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments, suggestions or objections regarding the proposed rule as 
described above. Public hearings on these proposed regulations may be 
held following their publication in the Federal Register. If such 
hearings are held, specific locations, dates and times will be 
announced later in the Federal Register and in local publications.

Drafting Information

    The primary author of these proposed regulations is William P. 
Quinn, Concessions Analyst, Alaska Region, NPS.

Paperwork Reduction Act

    The collections of information contained in Secs. 13.82--13.84 of 
this proposed rule are for the purposes of preparing an offer in 
response to a contract solicitation pursuant to 36 CFR Part 51, and 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance number 1024-0095.
    The collections of information contained in section 13.85 of this 
proposed rule will be submitted to the Office of Management and Budget 
for approval as required by 44 U.S.C. 3501 et seq. The collection of 
this information in the final rule will not be required until it has 
been approved by the Office of Management and Budget.
    Public reporting burden for the collection of information under 
section 13.85 is estimated to average 20 hours per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to Information 
Collection Officer, National Park Service, 800 North Capitol Street, 
Washington, D.C. 20013; and the Office of Management and Budget, 
Paperwork Reduction Project, Washington, D.C. 20002. [[Page 20376]] 

Compliance With Other Laws

    This rule was reviewed under Executive Order 12866 and the 
Department of the Interior certifies that this document will not have a 
significant economic effect on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The 
economic effects of this rulemaking are local in nature and negligible 
in scope.
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) further 
requires the preparation of flexibility analysis for rules that will 
have a significant effect on a substantial number of small entities, 
that include small businesses, organizations or governmental 
jurisdictions. Local visitor service providers, exercising their right 
under Section 1307(b) of ANILCA, will benefit more than companies 
without the preference. This preference will have a positive impact on 
the local areas by increasing the economic base of these communities. 
This impact, while important in relation to the total economic level of 
the local area, is very small in actual dollar value. Therefore, this 
rule would have no ``significant'' economic impact on the local 
communities or local governmental entities.
    The NPS has determined that this proposed rulemaking will not have 
a significant effect on the quality of the human environmental health 
and safety because it is not expected to:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it;
    (b) Introduce incompatible uses which might compromise the nature 
and characteristics of the area, or cause physical damage to it;
    (c) Conflict with adjacent ownerships of land uses; or
    (d) Cause a nuisance to adjacent owners or occupants.
    Based on this determination, this proposed rulemaking is 
categorically excluded from the procedural requirements of the National 
Environmental Policy Act (NEPA) by Departmental guidelines in 516 DM 6 
(49 FR 21438). As such, neither an Environmental Assessment nor an 
Environmental Impact Statement has been prepared.

List of Subjects in 36 CFR Part 13

    Alaska national parks, Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, Title 36, Chapter I, Part 
13 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

    1. The authority citation for part 13 is revised to read as 
follows:
    Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; subpart D also 
issued under 16 U.S.C. 20, 3197; Sec. 13.65(b) also issued under 16 
U.S.C. 1361, 1531.
    2. In Sec. 13.2, paragraph (e) is redesignated as paragraph (f), 
and a new paragraph (e) is added to read as follows:

Sec. 13.2  Applicability and scope.

    (e) Subpart D of this Part 13 contains regulations applicable to 
authorized visitor service providers operating within certain park 
areas. The regulations in subpart D of this part amend in part the 
general regulations contained in this chapter.
* * * * *
    3. In part 13, a new Subpart D is added to read as follows:

Subpart D--Special Concessions Regulations; Visitor Services

Sec.
13.80  Applicability and scope.
13.81  Definitions.
13.82  Visitor services existing on or before January 1, 1979 
(historical operators).
13.83  Visitor services authorized after January 1, 1979 (preferred 
operators).
13.84  Preference granted to Cook Inlet Region, Incorporated.
13.85  Most directly affected Native corporation.
13.86  Appeal procedures.
13.87  Information collection. [Reserved]

Subpart D--Special Concessions Regulations; Visitor Services


Sec. 13.80  Applicability and scope.

    (a) Except as otherwise provided for in this section, the 
regulations contained in this part apply to visitor services provided 
within all park areas in Alaska.
    (b) The rights or preferences granted by this subpart to historical 
operators, preferred operators, and Cook Inlet Region, Incorporated are 
not exclusive. The Director may authorize other persons to provide 
visitor services on park lands.


Sec. 13.81  Definitions.

    The following definitions shall apply to this subpart:
    (a) Director means the Director of the National Park Service or an 
authorized representative.
    (b) Controlling interest means, in the case of a corporation, an 
interest, beneficial or otherwise, of sufficient outstanding voting 
securities or capital of the business, so as to permit exercise of 
managerial authority over the actions and operations of the 
corporation, or election of a majority of the Board of Directors of the 
corporation. ``Controlling interest'' in the case of a partnership, 
limited partnership, joint venture or individual entrepreneurship, 
means a beneficial ownership of or interest in the entity or its 
capital so as to permit the exercise of managerial authority over the 
actions and operations of the entity. In other circumstances, 
``controlling interest'' means any arrangement under which a third 
party has the ability to exercise management authority over the actions 
or operations of the business.
    (c) Historical operator means any person who:
    (1) On or before January 1, 1979, was lawfully engaged in 
adequately providing any type of visitor service in a park area within 
the scope of Sec. 13.82;
    (2) Has continued to provide that visitor service without a break 
in the service for more than eleven continuous months; and
    (3) Is otherwise determined by the Director to have a right to 
continue to provide such services or similar services pursuant to 
Sec. 13.82.
    (d) Local area means that area in Alaska within the park boundary, 
as well as the area within 35 straight-line miles of a park boundary, 
but excluding communities with a population in excess of 5,000 persons.
    (e) Local resident means:
    (1) For individuals that operate a business as a sole 
proprietorship or partnership. Those individuals that maintain a 
primary, permanent residence and business within the local area and 
whenever absent from this primary, permanent residence, have the 
intention of returning to it. Factors demonstrating the location of an 
individual's primary, permanent residence and business may include, but 
are not limited to, the permanent address indicated on licenses issued 
by the State of Alaska, Department of Fish and Game, tax returns, and 
voter registrations.
    (2) For corporations. A corporation that maintains its headquarters 
within the local area, and all of the stockholders, who own a 
controlling interest in the corporation, qualify as individual local 
residents under this section.
    (f) Native Corporation means the same as defined in section 102(6) 
of ANILCA.
    (g) Preferred operator means a local resident or Native Corporation 
that is entitled to a preference under this subpart in the award of 
visitor service authorizations as provided under section 1307(b) of 
ANILCA.
[[Page 20377]]

    (h) Similar visitor service means that visitor service authorized 
by the Director to be provided in a park area and determined by the 
Director, on a case-by-case basis, to be similar in kind and scope to 
an established service being provided by a historical operator.
    (i) Visitor service means any service or activity made available 
for a fee, commission, brokerage or other compensation to persons who 
visit a park area, including such services as providing food, 
accommodations, transportation, tours, and guides, excepting the 
guiding of sport hunting and fishing. This also includes any activity 
where one participant/member or group of participants pays more in fees 
than the other participants (non-member fees, etc.), or fees are paid 
to the organization that are in excess of the bona fide expenses of the 
trip.


Sec. 13.82  Visitor services existing on or before January 1, 1979 
(historical operators).

    (a) A historical operator shall have a right to continue to provide 
visitor services or similar services in a qualified park area under 
appropriate terms and conditions so long as such services are 
determined by the Director to be consistent with the purposes for which 
the park area was established. A historical operator must obtain a 
permit from the Director to conduct the visitor services. The permit 
shall be for a fixed term and shall contain such terms and conditions 
as are in the public interest. Failure to comply with the terms and 
conditions of the permit may result in cancellation of the 
authorization and consequent loss of historical operator rights under 
this subpart. Nothing in this subpart shall prohibit the Director from 
permitting persons in addition to historical operators to provide 
visitor services in park areas at the Director's discretion so long as 
historical operators are permitted to conduct a scope or level of 
visitor services equal to those provided prior to January 1, 1979, 
under terms and conditions consistent with this subpart. A historical 
operator may be permitted by the Director under separate authority to 
increase the scope or level of visitor services provided prior to 
January 1, 1979, but no historical operating rights shall be obtained 
in such increase.
    (b) When a historical operator permit has expired, and if the 
visitor services permitted thereunder continue to be adequately 
provided and consistent with the purposes for which the park area was 
established as determined by the Director, the Director shall renew the 
permit for a fixed term consistent with such new terms and conditions 
as are in the public interest. Should a historical operator decline to 
accept an offer of renewal, its rights as a historical operator shall 
be considered as terminated.
    (c) If the Director determines that permitted visitor services must 
be curtailed or reduced in scope, level or season to protect park 
resources, or for other purposes, the Director shall require the 
historical operator to make such changes in visitor services. If more 
than one historical operator providing the same type of visitor 
services is required to have those services curtailed, the Director 
shall establish a proportionate reduction of visitor services among all 
such historical operators taking into account historical operating 
levels and other appropriate factors so as to achieve a fair 
curtailment of visitor services among the historical operators. If the 
level of visitor services must be so curtailed that only one historical 
operator feasibly may continue to provide the visitor services, the 
Director shall select one historical operator to continue to provide 
the curtailed visitor services through a competitive selection process.
    (d) The rights of a historical operator shall terminate if the 
historical operator fails to provide the visitor services under the 
terms and conditions of a permit issued by the Director or fails to 
provided the visitor services for a period of more than eleven 
consecutive months.
    (e) The rights of a historical operator under this subpart shall 
terminate upon a change, after January 1, 1979, in the controlling 
interest of the historical operator through sale, assignment, devise, 
transfer or otherwise.
    (f) A historical operator may apply to the Director for a permit or 
amended permit to provide similar visitor services. The Director shall 
grant the request if such visitor services are determined by the 
Director:
    (1) To be consistent with the protection of park resources and the 
purposes for which the park area was established;
    (2) Similar to the visitor services provided by the historical 
operator prior to January 1, 1979;
    (3) Not to be in violation of the legal rights of any other person; 
and
    (4) Granting the request will not result in an increase in the 
scope and level of service in excess of those provided by the 
requesting historical operator as of January 1, 1979.
    (g) The Director may authorize other persons to provide visitor 
services in a park area in addition to historical operators.


Sec. 13.83  Visitor services authorized after January 1, 1979 
(preferred operators).

    (a) In selecting persons to provide, and in contracting for the 
provision of, any type of visitor services for a qualified park area, 
the Director will give a preference to preferred operators determined 
qualified to provide such a visitor service.
    (b) In selecting persons to provide any type of visitor services 
for park areas subject to a preferred operator preference under this 
section, the Director will publicly solicit offers for persons to apply 
for an authorization, or the renewal of an authorization, to provide 
such visitor services pursuant to 36 CFR part 51 and other National 
Park Service procedures. A preferred operator must submit a responsive 
offer in response to such solicitation in order to effect its 
preference. If, as a result of the solicitation, an offer from a person 
other than a preferred operator is determined to be the best offer 
received and that offeror is determined to be capable of carrying out 
the terms of the authorization, a preferred operator that submitted a 
responsive offer shall be given an opportunity to meet the terms of the 
best offer received by amending its offer. If the amended offer of a 
preferred operator is considered by the Director as meeting the terms 
of the best offer, the preferred operator, if it is determined to be 
capable as carrying out the terms of the authorization, shall be 
awarded the visitor service authorization. If a preferred operator 
fails to meet these requirements, the Director shall award the 
authorization to the person who submitted the best offer in response to 
the solicitation. In the event this process results in more than one 
preferred operator having submitted an offer meeting the terms of the 
best offer received, the Director will select for award of the 
authorization that preferred operator that submitted the best offer as 
determined by the Director.
    (c) The rights of preferred operators under this section take 
precedence over the right of preference granted to existing 
satisfactory NPS concessioners pursuant to the Concessions Policy Act 
(16 U.S.C. 20) and implementing regulations and procedures, but do not 
take precedence over the rights of historical operators as described in 
this subpart. Nothing in this subpart shall prohibit the Director from 
authorizing persons other than preferred operators to provide visitor 
services in park areas so long as the procedures described in this 
section have been followed. Preferred operators are not entitled by 
this section to provide all visitor services in a qualified park area. 
[[Page 20378]] 
    (d) An offer from a Native corporation under this section must 
document its total ownership of the business entity making the offer.
    (e) The preferences described in this section may not be sold, 
assigned, transferred or devised, directly or indirectly.


Sec. 13.84  Preference to Cook Inlet Region, Incorporated.

    (a) The Cook Inlet Region, Incorporated (CIRI), in cooperation with 
village corporations within the Cook Inlet Region, when appropriate, 
shall have a right of first refusal to provide new visitor services 
within that portion of Lake Clark National Park and Preserve that is 
within the boundaries of the Cook Inlet Region. In order to exercise 
this right of first refusal, CIRI must submit a responsive offer under 
the terms of an NPS public solicitation for offers to conduct such 
visitor services. A responsive offer is one that is timely made and 
meets the terms and conditions of the solicitation document. If CIRI 
makes such an offer and is determined by the Director to be capable of 
carrying out the terms of the visitor services authorization, it shall 
be awarded the authorization. If it does not, the authorization may be 
awarded to another person pursuant to usual National Park Service 
policies and procedures. An offer from CIRI under this section must 
document total ownership in the entity making the offer by CIRI and/or 
a village corporation. The CIRI right of first refusal shall have 
precedence over the rights of preferred operators.
    (b) The right of first refusal described in this section may not be 
sold, transferred, devised or assigned, directly or indirectly.


Sec. 13.85  Most directly affected Native corporation.

    (a) Prior to the award of a concession authorization for a visitor 
service in a park area, the Director shall provide an opportunity for 
any Native corporation interested in providing such new visitor 
services within an applicable park area to submit an application to the 
Superintendent including, but not limited to, the following 
information:
    (1) The name, address, and phone number of the Native corporation; 
the date of incorporation; its articles of incorporation and structure; 
and the name of the applicable park area;
    (2) The location of the corporation's population center or centers; 
and
    (3) The socio-economic impacts and their effects as a result of the 
expansion or establishment of the park area.
    (b) Upon receipt of all applications from interested Native 
corporations, the Director will determine the ``most directly 
affected'' Native corporation based on the following criteria:
    (1) The number of acres of surface land within and adjoining the 
park area that the Native corporation owns, or that has been selected 
under the Alaska Native Claims Settlement Act, unless such selection is 
determined to be invalid or is relinquished;
    (2) The distance and accessibility from the corporation's 
population center and/or business address to the applicable park area; 
and
    (3) The socio-economic impacts and their effects as a result of the 
expansion or establishment of the park area.
    (c) In the event that more than one Native corporation is 
determined to be equally affected, each such Native corporation shall 
be considered as a preferred operator under this subpart. Preferred 
operators may form joint ventures with other preferred operators in 
applying for a visitor service authorization under this subpart.
    (d) The Director's ``most directly affected'' Native corporation 
determination or, when requested, appeal decision for a park area is 
final for all applicable solicitations for all future visitor services 
which are issued after the Director's determination or appeal decision.


Sec. 13.86  Appeal procedures.

    Any person who considers that they have been improperly denied 
rights with respect to providing visitor services under this subpart 
may appeal the denial to the Director. Such an appeal must be submitted 
in writing within 30 days of receipt of the denial from which an appeal 
is sought. Appeals must set forth the facts and circumstances which the 
appellant considers supports the appeal. The appellant may request an 
informal meeting to discuss the appeal with the Director. After 
consideration of the materials submitted by the appellant and the 
National Park Service record of the matter, and meeting with the 
appellant if so requested, the Director shall affirm, reverse, or 
modify the denial appealed from and shall set forth in writing the 
basis of the decision. A copy of the decision shall be forwarded to the 
appellant and shall constitute the final administrative decision in the 
matter. No person shall be considered to have exhausted administrative 
remedies with respect to a denial of rights to provide visitor services 
under this subpart until a final administrative decision has been made 
pursuant to this section.


Sec. 13.87  Information collection.

    [Reserved]

    Dated: March 18, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 95-10129 Filed 4-24-95; 8:45 am]
BILLING CODE 4310-70-P