[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.83]

[Page 217-218]
 
              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. 13.83  Preferred operators.

    (a) In selecting persons to provide visitor services for a park 
area, the Director will, if the number of visitor services 
authorizations is to be limited, give a preference (subject to any 
rights of historical operators or CIRI under this subpart) to preferred 
operators determined qualified to provide such visitor services.
    (b) In such circumstances, the Director will publicly solicit 
competitive offers for persons to apply for a visitor services 
authorization, or the renewal of such an authorization, to provide such 
visitor services pursuant to 36 CFR part 51 and/or other National Park 
Service procedures. All offerors, including preferred operators, must 
submit a responsive offer to the solicitation in order to be considered 
for the authorization. If the best offer from a preferred operator is at 
least substantially equal to the best offer from a non-preferred 
operator, the preferred operator will receive authorization. If an offer 
from a person besides a preferred operator is determined to be the best 
offer (and no preferred operator submits a responsive offer that is 
substantially equal to it), the preferred operator who submitted the 
best offer from among the offers submitted by preferred operators will 
be given the opportunity, by amending its offer, to meet the terms and 
conditions of the best offer received. If the amended offer of such a 
preferred operator is considered by the Director as at least 
substantially equal to the best offer, the preferred operator will 
receive the visitor service authorization. If a preferred operator does 
not amend its offer to meet the terms and conditions of the best offer, 
the Director will issue the authorization to the person who submitted 
the best offer in response to the solicitation.
    (c) The Native Corporation(s) determined to be ``most directly 
affected'' under this subpart and local residents have equal preference. 
The rights of preferred operators under this section take precedence 
over the right of preference that may be granted to existing 
satisfactory National Park Service concessioners pursuant to the 
Concessions Policy Act (16 U.S.C. 20) and its

[[Page 218]]

implementing regulations and procedures, but do not take precedence over 
the rights of historical operators or CIRI as described in this subpart.
    (d) An offer from a preferred operator under this subpart, if the 
offer is in the form of a joint venture, will not be considered valid 
unless it documents to the satisfaction of the Director that the 
preferred operator holds the controlling interest in the joint venture.
    (e) Nothing in this subpart will prohibit the Director from 
authorizing persons besides preferred operators to provide visitor 
services in park areas as 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 park area.
    (f) The preferences described in this section may not be sold, 
assigned, transferred or devised, directly or indirectly.

    Effective Date Note: At 61 FR 54340, Oct. 18, 1996, Sec. 13.83 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.