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

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.

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 revenueproducing 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 § 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
Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Proposed Rules 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 §§ 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.
20376 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Proposed Rules

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; § 13.65(b) also issued under 16

U.S.C. 1361, 1531.

2. In § 13.2, paragraph (e) is

redesignated as paragraph (f), and a new

paragraph (e) is added to read as

follows:

§ 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

§ 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.

§ 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 § 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 § 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.
Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Proposed Rules 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 (nonmember fees, etc.), or fees are paid to

the organization that are in excess of the

bona fide expenses of the trip.

§ 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.

§ 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.
20378 Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Proposed Rules

(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.

§ 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.

§ 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.

§ 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.

§ 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