[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.81]

[Page 206-207]
 
              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. 13.81  Definitions.

    The following definitions apply to this subpart:
    (a) Best offer means a responsive offer that best meets, as 
determined by the Director, the selection criteria contained in a 
competitive solicitation for a visitor services authorization.
    (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 the 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) Director means the Director of the National Park Service or an 
authorized representative.
    (d) Historical operator, except as otherwise may be specified by a 
statute other than ANILCA, means the holder of a valid written 
authorization from the Director to provide visitor services within a 
park area that:
    (1) On or before January 1, 1979, was lawfully engaged in adequately 
providing such visitor services in the applicable park area;
    (2) Has continued, as further defined in Sec. 13.82, to lawfully 
provide that visitor service since January 1, 1979, without a change in 
controlling interest; 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.
    (e) Local area means an area in Alaska within 100 miles of the 
location within the park area where any of the applicable visitor 
services is authorized to be provided.
    (f) Local resident means:
    (1) For individuals. Those individuals who have lived within the 
local area for 12 consecutive months before issuance of a solicitation 
of offers for a visitor services authorization for a

[[Page 207]]

park area and who maintain their 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, 
tax returns and voter registration.
    (2) For corporations. A corporation in which the controlling 
interest is held by an individual or individuals who qualify as local 
resident(s) within the meaning of this subpart. For non-profit 
corporations a majority of the board members and a majority of the 
officers must qualify individually as local residents.
    (g) Native Corporation means the same as defined in section 102(6) 
of ANILCA.
    (h) Preferred operator means a Native Corporation that is determined 
under Sec. 13.85 to be ``most directly affected'' by the establishment 
or expansion of a park area by ANILCA, or a local resident as defined in 
this subpart.
    (i) Responsive offer is one that is timely received and meets the 
terms and conditions of a solicitation for a visitor services 
authorization.
    (j) Visitor services authorization is a written authorization from 
the Director to provide visitor services in a park area. Such 
authorization may be in the form of a concession permit, concession 
contract, or other document issued by the Director under National Park 
Service policies and procedures.