[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.82]

[Page 223-224]
 
              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.  13.82  Historical operators.

    (a) A historical operator will have a right to continue to provide 
visitor services in a park area under appropriate terms and conditions 
contained in a visitor services authorization issued by the Director as 
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 may not operate without such an authorization. The 
authorization will be for a fixed term. Failure to comply with the terms 
and conditions of the authorization will result in cancellation of the 
authorization and consequent loss of historical operator rights under 
this subpart.
    (b) Nothing in this subpart will prohibit the Director from 
permitting persons in addition to historical operators to provide 
visitor services in park areas at the Director's discretion as long as 
historical operators are permitted to conduct a scope and level of 
visitor services equal to those provided before 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 will be obtained in such 
increase.
    (c) If a historical operator applies for a visitor services 
authorization in the form of a joint venture, the application will not 
be considered as validly made unless the historical operator 
demonstrates, to the satisfaction of the Director, that it has the 
controlling interest in the joint venture.
    (d) A historical operator may apply to the Director for an 
authorization or amended authorization to provide visitor services 
similar to those it provided before January 1, 1979. The Director will 
grant the request if such visitor services are determined by the 
Director to be:
    (1) Consistent with the protection of park resources and the 
purposes for which the park area was established;
    (2) Similar in kind and scope to the visitor services provided by 
the historical operator before January 1, 1979; and
    (3) Consistent with the legal rights of any other person.
    (e) When a historical operator's visitor services authorization 
expires, and if the applicable visitor services continue to be 
consistent with the purposes for which the park area was established as 
determined by the Director, the Director will offer to renew the 
authorization for a fixed term under such new terms and conditions as 
the Director determines are in the public interest.
    (f) If the Director determines that authorized visitor services must 
be curtailed or reduced in scope, level, or season to protect park 
resources, or for other purposes, the Director will 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 will 
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 will select 
one historical operator to continue to provide the curtailed visitor 
services through a competitive selection process.
    (g) Any of the following will result in loss of historical operator 
status:
    (1) Revocation of an authorization for historic types and levels of 
visitor services for failure to comply with the terms and conditions of 
the authorization.
    (2) A historical operator's declination of a renewal of the 
authorization made pursuant to paragraph (d) of this section.

[[Page 224]]

    (3) A change in the controlling interest of the historical operator 
through sale, assignment, devise, transfer, or by any other means, 
direct or indirect. A change in the controlling interest of a historical 
operator that results only in the acquisition of the controlling 
interest by an individual or individuals who were personally engaged in 
the visitor services activities of the historical operator before 
January 1, 1979, will not be deemed a change in the historical 
operator's controlling interest for the purposes of this subpart.
    (4) A historical operator's failure to provide the authorized 
services for more than 24 consecutive months.
    (h) The Director may authorize other persons to provide visitor 
services in a park area in addition to historical operators.

    Effective Date Note: At 61 FR 54340, Oct. 18, 1996, Sec.  13.82 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.