[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.85]

[Page 209]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA--Table of Contents
 
             Subpart D--Special Visitor Services Regulations
 
Sec. 13.85  Most directly affected Native Corporation.

    (a) Before the award of the first visitor service authorization in a 
park area to be made after the effective date of this subpart, the 
Director will provide an opportunity for any Native Corporation 
interested in providing visitor services within the applicable park area 
to submit an application to the superintendent to be determined the 
Native Corporation most directly affected by the establishment or 
expansion of the park area by or under the provisions of ANILCA. An 
application from an interested Native Corporation will include the 
following information:
    (1) Name, address, and phone number of the Native Corporation; date 
of incorporation; its articles of incorporation and structure;
    (2) Location of the corporation's population center or centers; and
    (3) An assessment of the socioeconomic impacts, including historical 
and traditional use and land-ownership patterns and their effects on the 
Native Corporation as a result of the expansion or establishment of the 
applicable park area by ANILCA.
    (4) Any additional information the Native Corporation considers 
relevant or the Director may reasonably require.
    (b) Upon receipt of all applications from interested Native 
Corporations, the Director will determine the ``most directly affected'' 
Native Corporation considering the following factors:
    (1) Distance and accessibility from the corporation's population 
center and/or business address to the applicable park area; and
    (2) Socioeconomic impacts, including historical and traditional use 
and landownership patterns, on Native Corporations and their effects as 
a result of the expansion or establishment of the applicable park area; 
and
    (3) Information provided by Native Corporations and other 
information considered relevant by the Director to the particular facts 
and circumstances of the effects of the establishment or expansion of 
the applicable park area.
    (c) In the event that more than one Native Corporation is determined 
to be equally affected within the meaning of this section, each such 
Native Corporation will be considered as a preferred operator under this 
subpart.
    (d) The Director's most directly affected Native Corporation 
determination applies to the award of all future visitor service 
authorizations for the applicable park area. However, a Native 
Corporation that did not apply for this determination in connection with 
an earlier visitor services authorization may apply for a determination 
that it is an equally affected Native Corporation for the applicable 
park area in connection with a later visitor services authorization. 
Such subsequent applications must contain the information required by 
paragraph (a) of this section, and must be made in a timely manner as 
described by the Director in the applicable solicitation document so as 
not to delay the consideration of offers for the visitor services 
authorization.

    Effective Date Note: At 61 FR 54341, Oct. 18, 1996, Sec. 13.85 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.

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