[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR395.30]

[Page 473]
 
                           TITLE 34--EDUCATION
 
              CHAPTER III--OFFICE OF SPECIAL EDUCATION AND
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 395--VENDING FACILITY PROGRAM FOR THE BLIND ON FEDERAL AND OTHER PROPERTY--Table of Contents
 
                 Subpart C--Federal Property Management
 
Sec. 395.30  The location and operation of vending facilities for blind vendors on Federal property.


    (a) Each department, agency, or instrumentality of the United States 
in control of the maintenance, operation, and protection of Federal 
property shall take all steps necessary to assure that, wherever 
feasible, in light of appropriate space and potential patronage, one or 
more vending facilities for operation by blind licensees shall be 
located on all Federal property Provided that the location or operation 
of such facility or facilities would not adversely affect the interests 
of the United States. Blind persons licensed by State licensing agencies 
shall be given priority in the operation of vending facilities on any 
Federal property.
    (b) Any limitation on the location or operation of a vending 
facility for blind vendors by a department, agency or instrumentality of 
the United States based on a finding that such location or operation or 
type of location or operation would adversely affect the interests of 
the United States shall be fully justified in writing to the Secretary 
who shall determine whether such limitation is warranted. A 
determination made by the Secretary concerning such limitation shall be 
binding on any department, agency, or instrumentality of the United 
States affected by such determination. The Secretary shall publish such 
determination in the Federal Register along with supporting documents 
directly relating to the determination.
    (c) Priority in the operation of vending facilities in areas 
administered by the National Park Service or the National Aeronautics 
and Space Administration shall be given to blind vendors. Priority in 
the awarding of contracts for the operation of concessions in such areas 
when such concessions provide accommodations, facilities, and services 
of a scope or of a character not generally available in vending 
facilities operated by blind vendors shall be given in accordance with 
the provisions of the Concession Policy Act (Pub. L. 98-249, 16 U.S.C. 
1) or the National Aeronautics and Space Act of 1958, as amended (Pub. 
L. 85-568, 42 U.S.C. 2473). The provisions of this part shall not apply 
when all accommodations, facilities, or services in such areas are 
operated by a single responsible concessioner.