National Park System Units in Alaska

SUMMARY: The National Park Service (NPS) proposes regulations to

implement section 1307 of the Alaska National Interest Lands

Conservation Act (ANILCA). This action is necessary to establish

procedures for administering the statutory rights and preferences

established by section 1307 for certain persons to conduct revenue-

producing visitor services in certain units of the National Park System

located in the State of Alaska. Particularly, this rulemaking will

provide guidance in the solicitation, award and renewal of Alaska

visitor service authorizations.

DATES: Written comments will be accepted through June 26, 1995.

ADDRESSES: Comments should be addressed to: Regional Director, Alaska

Region, National Park Service, 2525 Gambell Street, Room 107, Docket

1307, Anchorage, AK 99503-2892.

FOR FURTHER INFORMATION CONTACT: Chief of Concessions Management,

Alaska Region, National Park Service, 2525 Gambell Street, Room 107,

Anchorage, Alaska 99503-2892. Phone: (907) 257-2475.

SUPPLEMENTARY INFORMATION:

Background

ANILCA (16 U.S.C. 3101 et seq.) was signed into law on December 2,

1980. Its broad purpose is to provide for the disposition and use of a

variety of federally-owned lands in Alaska. Section 1307 of ANILCA (16

U.S.C. 3197) contains two provisions concerning persons and entities

who are to be given special rights and preferences with respect to

providing ``visitor services'' in certain lands under the

administration of the Secretary of the Interior as part of the National

Park System. The term ``visitor service'' is defined in section 1307 as

``any service made available for a fee or charge to persons who visit a

conservation system unit, including such services as providing food,

accommodations, transportation, tours and guides excepting the guiding

of sport hunting and fishing.'' Subsection (a) of section 1307 states

as follows:

Notwithstanding any other provision of law, the Secretary [of

the Interior], under such terms and conditions as he determines are

reasonable, shall permit any persons who, on or before January 1,

1979, were engaged in adequately providing any type of visitor

service [as defined in subsection (c)] within any area established

as or added to a conservation system unit to continue providing such

type of service and similar types of visitor services within such

area if such service or services are consistent with the purposes

for which such unit is established or expanded (16 U.S.C. 3197).

Subsection (b) of section 1307 states as follows:

Notwithstanding provisions of law other than those contained in

subsection (a), in selecting persons to provide (and in the

contracting of) any type of visitor service for any conservation

system unit, except sport fishing and hunting guiding activities,

the Secretary [of the Interior]--

(1) shall give preference to the Native corporation which the

Secretary determines is most directly affected by the establishment

or expansion of such unit by or under the provisions of this Act;

(2) shall give preference to persons whom he determines, by

rule, are local residents * * * (16 U.S.C. 3197).

Subsection (b) also provides to Cook Inlet Region, Incorporated

(CIRI), in cooperation with village corporations within the Cook Inlet

Region when appropriate, the right of first refusal to provide new

visitor services within that portion of Lake Clark National Park and

Preserve that is located within the Cook Inlet Region.

The NPS was created by Congress in 1916 to manage the growing

number of park areas. The purposes of the NPS as stated in the NPS

Organic Act of August 25, 1916, are ``to conserve the scenery and the

natural and historic objects and the wild life therein, and to provide

for the enjoyment of the same in such a manner and by such means as

will leave them unimpaired for the enjoyment of future generations''

(16 U.S.C. 1). Additionally, Congress has declared that the National

Park System should be, ``preserved and managed for the benefit and

inspiration of all the people of the United States'' (16 U.S.C. 1a-1).

The National Park Service seeks both to preserve and to provide for the

public enjoyment of significant aspects of the Nation's natural and

cultural heritage.

To provide park visitors necessary and appropriate facilities and

services to enjoy park areas, Congress established a concessions

program in the National Park Service through the Concessions Policy Act

of 1965 (79 Stat. 969; 16 U.S.C. 20). Regulations implementing the

Concessions Policy Act are found in 36 CFR part 51.

The Concessions Policy Act authorizes the Secretary of the Interior

or designee to enter into concessions contracts or issue permits to

qualified concessioners. The NPS may provide ``necessary and

appropriate'' visitor facilities and services for the public through

these contracts and permits. These services include a wide variety of

commercial visitor services from backcountry guiding to hotel

operations. All are provided by private corporations, partnerships,

individuals, or other entities under contract with the National Park

Service. All exist for the purpose of providing park visitors with the

services and accommodations that are necessary and appropriate for

their full enjoyment of America's national parks. The determination of

what is necessary and appropriate is done through the National Park

Service planning process. Needs vary with the purposes of the various

park areas and their individual circumstances at the time of

contracting. As applicable, the Concessions Policy Act grants a

preference in renewal of concession authorizations to those

concessioners who have performed contractual obligations to the

satisfaction of the Secretary. These proposed regulations describe the

relationship of the Concessions Policy Act's preference to the

preferences to continue providing visitor services provided by section

1307 of ANILCA.

Section-by-Section Analysis

Section 13.80 Applicability and Scope

Section 13.80 explains in which park areas these regulations are

applicable, and the extent to which they apply to existing and future

operators.

Section 13.81 Definitions

Section 13.81 provides a number of definitions for terms used in

the regulations. ``Historical operators'' and ``preferred operators''

are new terms which are explained in detail below. The term ``persons''

as used in these regulations is defined in 36 CFR Sec. 1.4.

Section 13.82 Visitor Services Existing on or Before January 1, 1979

(Historical Operators)

These provisions implement subsection (a) of section 1307 and

permits persons who were adequately providing visitor services in

applicable areas in Alaska prior to January 1, 1979, to continue to do

so under reasonable terms and conditions. Such persons are referred to

as ``historical operators.''

Section 13.82 makes clear that the existence of a right to continue

to provide visitor services under subsection 1307(a) is not an

unlimited right. The right is subordinate to the

[[Page 20375]] management of the park area and does not grant a

monopoly to provide all visitor services in a given area to the

exclusion of other individuals or entities. An historical operator,

however, may provide services similar to those provided prior to

January 1, 1979, if acceptable to NPS as consistent with the purposes

of the park area and provided that the similar services are not in

excess of those provided by the concessioner as of January 1, 1979. In

addition, the rights of an historical operator are considered

terminated upon a change in the controlling interest in the historical

operator. This provision is intended to implement the ``grandfather

clause'' intention of section 1307(a) while not permitting the

effective transfer of these ``grandfather rights'' to third parties.

Persons who, on or before January 1, 1979, were engaged in

adequately providing any type of visitor service within a park area in

Alaska, who have continued to provide that visitor service without a

break in the service, and who have retained controlling interest in the

business are considered historical operators under these regulations. A

break in service is defined as not having operated the approved visitor

service for more than 11 consecutive months.

Section 13.83 Visitor Services Authorized After January 1, 1979

(Preferred Operators)

This section implements subsection (b) of section 1307 (except with

respect to CIRI) and grants a ``preference'' (generally defined for the

purpose of these regulations as a right to meet the terms of the best

offer received by NPS in a public solicitation process for visitor

services) to certain individuals and corporations to provide visitor

services in certain Alaska park areas.

Section 13.83 of the proposed regulations applies to the two

categories of persons to be given a preference pursuant to section

1307(b) of ANILCA, collectively referred to as ``preferred operators.''

The first category of preferred operator is the Native corporation

determined by the Director to be most directly affected by the park

area.

The second category of preferred operator consists of persons who

are determined by the Director to be local residents of any park area,

whether or not it pre-existed ANILCA. A ``local resident'' as defined

in these proposed regulations means a person living within 35 straight-

line miles of a park area boundary. This would not apply under section

13.83 to persons living in communities with a population of more than

5,000 in order to effect the general legislative intent of assisting

persons located in sparsely populated areas of Alaska.

Section 13.83 as proposed establishes a procedure for the

solicitation and award of visitor service authorizations which

incorporates the rights of preferred operators under section 1307(b).

In order to exercise the preference, a preferred operator must submit a

responsive offer under the terms of a public solicitation. If a person

without a preference submits a better offer, the preferred operator is

given an opportunity to meet the terms of the better offer, and if the

preferred operator does so, will be awarded the contract or permit if

the preferred operator is capable of carrying out the terms of the

better offer, as determined by the Director.

As with historical operators, the NPS does not consider that

section 1307(b) intended to provide preferred operators with an

exclusive right to provide visitor services. Section 13.83 permits

other persons to provide visitor services in park areas in a manner

consistent with the preference of preferred operators. Accordingly,

public solicitations for section 13.83 purposes will generally be the

public solicitation used for general concession authorizations under 36

CFR Part 51.

Congress recognized the possibility that more than one Native

corporation preferred operator and/or more than one local resident

preferred operator may submit proposals, and meant for them to hold

equal status. Section 13.83 also establishes procedures for resolving

disputes where more than one person qualifies as a preferred operator

with respect to a particular visitor service authorization.

Section 13.84 Preference to Cook Inlet Region, Incorporated

This section describes the right of first refusal granted by

section 1307(b) to Cook Inlet Region, Incorporated to provide new

visitor services within that portion of Lake Clark National Park and

Preserve that is within the boundaries of the Cook Inlet Region.

Section 13.85 Most Directly Affected Native Corporation Determination

This section establishes procedures and criteria for determining

which Native corporation is most directly affected by a park area and

accordingly is a preferred operator with respect to that park area. The

Director's ``most directly affected'' Native corporation decision or

appeal decision is final for all future applicable visitor services.

Section 13.86 Appeal Procedures

This section establishes procedures and criteria under which a

person who considers that they have not been provided section 1307

rights may appeal to the Director for a final administrative

determination in this regard.

Public Participation

The policy of the Department of the Interior is, whenever

practicable, to afford the public an opportunity to participate in the

rulemaking process. Accordingly, interested persons may submit written

comments, suggestions or objections regarding the proposed rule as

described above. Public hearings on these proposed regulations may be

held following their publication in the Federal Register. If such

hearings are held, specific locations, dates and times will be

announced later in the Federal Register and in local publications.

Drafting Information

The primary author of these proposed regulations is William P.

Quinn, Concessions Analyst, Alaska Region, NPS.

Paperwork Reduction Act

The collections of information contained in Secs. 13.82--13.84 of

this proposed rule are for the purposes of preparing an offer in

response to a contract solicitation pursuant to 36 CFR Part 51, and

have been approved by the Office of Management and Budget under 44

U.S.C. 3501 et seq. and assigned clearance number 1024-0095.

The collections of information contained in section 13.85 of this

proposed rule will be submitted to the Office of Management and Budget

for approval as required by 44 U.S.C. 3501 et seq. The collection of

this information in the final rule will not be required until it has

been approved by the Office of Management and Budget.

Public reporting burden for the collection of information under

section 13.85 is estimated to average 20 hours per response, including

the time for reviewing instructions, searching existing data sources,

gathering and maintaining the data needed, and completing and reviewing

the collection of information. Send comments regarding this burden

estimate or any other aspect of this collection of information,

including suggestions for reducing the burden, to Information

Collection Officer, National Park Service, 800 North Capitol Street,

Washington, D.C. 20013; and the Office of Management and Budget,

Paperwork Reduction Project, Washington, D.C. 20002. [[Page 20376]]

Compliance With Other Laws

This rule was reviewed under Executive Order 12866 and the

Department of the Interior certifies that this document will not have a

significant economic effect on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The

economic effects of this rulemaking are local in nature and negligible

in scope.

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) further

requires the preparation of flexibility analysis for rules that will

have a significant effect on a substantial number of small entities,

that include small businesses, organizations or governmental

jurisdictions. Local visitor service providers, exercising their right

under Section 1307(b) of ANILCA, will benefit more than companies

without the preference. This preference will have a positive impact on

the local areas by increasing the economic base of these communities.

This impact, while important in relation to the total economic level of

the local area, is very small in actual dollar value. Therefore, this

rule would have no ``significant'' economic impact on the local

communities or local governmental entities.

The NPS has determined that this proposed rulemaking will not have

a significant effect on the quality of the human environmental health

and safety because it is not expected to:

(a) Increase public use to the extent of compromising the nature

and character of the area or causing physical damage to it;

(b) Introduce incompatible uses which might compromise the nature

and characteristics of the area, or cause physical damage to it;

(c) Conflict with adjacent ownerships of land uses; or

(d) Cause a nuisance to adjacent owners or occupants.

Based on this determination, this proposed rulemaking is

categorically excluded from the procedural requirements of the National

Environmental Policy Act (NEPA) by Departmental guidelines in 516 DM 6

(49 FR 21438). As such, neither an Environmental Assessment nor an

Environmental Impact Statement has been prepared.

List of Subjects in 36 CFR Part 13

Alaska national parks, Reporting and recordkeeping requirements.

For the reasons set out in the preamble, Title 36, Chapter I, Part

13 of the Code of Federal Regulations is proposed to be amended as

follows:

PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA

1. The authority citation for part 13 is revised to read as

follows:

Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; subpart D also

issued under 16 U.S.C. 20, 3197; Sec. 13.65(b) also issued under 16

U.S.C. 1361, 1531.

2. In Sec. 13.2, paragraph (e) is redesignated as paragraph (f),

and a new paragraph (e) is added to read as follows:

Sec. 13.2 Applicability and scope.

(e) Subpart D of this Part 13 contains regulations applicable to

authorized visitor service providers operating within certain park

areas. The regulations in subpart D of this part amend in part the

general regulations contained in this chapter.

* * * * *

3. In part 13, a new Subpart D is added to read as follows:

Subpart D--Special Concessions Regulations; Visitor Services

Sec.

13.80 Applicability and scope.

13.81 Definitions.

13.82 Visitor services existing on or before January 1, 1979

(historical operators).

13.83 Visitor services authorized after January 1, 1979 (preferred

operators).

13.84 Preference granted to Cook Inlet Region, Incorporated.

13.85 Most directly affected Native corporation.

13.86 Appeal procedures.

13.87 Information collection. [Reserved]

Subpart D--Special Concessions Regulations; Visitor Services

Sec. 13.80 Applicability and scope.

(a) Except as otherwise provided for in this section, the

regulations contained in this part apply to visitor services provided

within all park areas in Alaska.

(b) The rights or preferences granted by this subpart to historical

operators, preferred operators, and Cook Inlet Region, Incorporated are

not exclusive. The Director may authorize other persons to provide

visitor services on park lands.

Sec. 13.81 Definitions.

The following definitions shall apply to this subpart:

(a) Director means the Director of the National Park Service or an

authorized representative.

(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 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) Historical operator means any person who:

(1) On or before January 1, 1979, was lawfully engaged in

adequately providing any type of visitor service in a park area within

the scope of Sec. 13.82;

(2) Has continued to provide that visitor service without a break

in the service for more than eleven continuous months; 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.

(d) Local area means that area in Alaska within the park boundary,

as well as the area within 35 straight-line miles of a park boundary,

but excluding communities with a population in excess of 5,000 persons.

(e) Local resident means:

(1) For individuals that operate a business as a sole

proprietorship or partnership. Those individuals that maintain a

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, Department of Fish and Game, tax returns, and

voter registrations.

(2) For corporations. A corporation that maintains its headquarters

within the local area, and all of the stockholders, who own a

controlling interest in the corporation, qualify as individual local

residents under this section.

(f) Native Corporation means the same as defined in section 102(6)

of ANILCA.

(g) Preferred operator means a local resident or Native Corporation

that is entitled to a preference under this subpart in the award of

visitor service authorizations as provided under section 1307(b) of

ANILCA.

[[Page 20377]]

(h) Similar visitor service means that visitor service authorized

by the Director to be provided in a park area and determined by the

Director, on a case-by-case basis, to be similar in kind and scope to

an established service being provided by a historical operator.

(i) Visitor service means any service or activity made available

for a fee, commission, brokerage or other compensation to persons who

visit a park area, including such services as providing food,

accommodations, transportation, tours, and guides, excepting the

guiding of sport hunting and fishing. This also includes any activity

where one participant/member or group of participants pays more in fees

than the other participants (non-member fees, etc.), or fees are paid

to the organization that are in excess of the bona fide expenses of the

trip.

Sec. 13.82 Visitor services existing on or before January 1, 1979

(historical operators).

(a) A historical operator shall have a right to continue to provide

visitor services or similar services in a qualified park area under

appropriate terms and conditions so 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 must obtain a

permit from the Director to conduct the visitor services. The permit

shall be for a fixed term and shall contain such terms and conditions

as are in the public interest. Failure to comply with the terms and

conditions of the permit may result in cancellation of the

authorization and consequent loss of historical operator rights under

this subpart. Nothing in this subpart shall prohibit the Director from

permitting persons in addition to historical operators to provide

visitor services in park areas at the Director's discretion so long as

historical operators are permitted to conduct a scope or level of

visitor services equal to those provided prior to 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 shall be obtained

in such increase.

(b) When a historical operator permit has expired, and if the

visitor services permitted thereunder continue to be adequately

provided and consistent with the purposes for which the park area was

established as determined by the Director, the Director shall renew the

permit for a fixed term consistent with such new terms and conditions

as are in the public interest. Should a historical operator decline to

accept an offer of renewal, its rights as a historical operator shall

be considered as terminated.

(c) If the Director determines that permitted visitor services must

be curtailed or reduced in scope, level or season to protect park

resources, or for other purposes, the Director shall 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

shall 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 shall select one historical operator to continue to provide

the curtailed visitor services through a competitive selection process.

(d) The rights of a historical operator shall terminate if the

historical operator fails to provide the visitor services under the

terms and conditions of a permit issued by the Director or fails to

provided the visitor services for a period of more than eleven

consecutive months.

(e) The rights of a historical operator under this subpart shall

terminate upon a change, after January 1, 1979, in the controlling

interest of the historical operator through sale, assignment, devise,

transfer or otherwise.

(f) A historical operator may apply to the Director for a permit or

amended permit to provide similar visitor services. The Director shall

grant the request if such visitor services are determined by the

Director:

(1) To be consistent with the protection of park resources and the

purposes for which the park area was established;

(2) Similar to the visitor services provided by the historical

operator prior to January 1, 1979;

(3) Not to be in violation of the legal rights of any other person;

and

(4) Granting the request will not result in an increase in the

scope and level of service in excess of those provided by the

requesting historical operator as of January 1, 1979.

(g) The Director may authorize other persons to provide visitor

services in a park area in addition to historical operators.

Sec. 13.83 Visitor services authorized after January 1, 1979

(preferred operators).

(a) In selecting persons to provide, and in contracting for the

provision of, any type of visitor services for a qualified park area,

the Director will give a preference to preferred operators determined

qualified to provide such a visitor service.

(b) In selecting persons to provide any type of visitor services

for park areas subject to a preferred operator preference under this

section, the Director will publicly solicit offers for persons to apply

for an authorization, or the renewal of an authorization, to provide

such visitor services pursuant to 36 CFR part 51 and other National

Park Service procedures. A preferred operator must submit a responsive

offer in response to such solicitation in order to effect its

preference. If, as a result of the solicitation, an offer from a person

other than a preferred operator is determined to be the best offer

received and that offeror is determined to be capable of carrying out

the terms of the authorization, a preferred operator that submitted a

responsive offer shall be given an opportunity to meet the terms of the

best offer received by amending its offer. If the amended offer of a

preferred operator is considered by the Director as meeting the terms

of the best offer, the preferred operator, if it is determined to be

capable as carrying out the terms of the authorization, shall be

awarded the visitor service authorization. If a preferred operator

fails to meet these requirements, the Director shall award the

authorization to the person who submitted the best offer in response to

the solicitation. In the event this process results in more than one

preferred operator having submitted an offer meeting the terms of the

best offer received, the Director will select for award of the

authorization that preferred operator that submitted the best offer as

determined by the Director.

(c) The rights of preferred operators under this section take

precedence over the right of preference granted to existing

satisfactory NPS concessioners pursuant to the Concessions Policy Act

(16 U.S.C. 20) and implementing regulations and procedures, but do not

take precedence over the rights of historical operators as described in

this subpart. Nothing in this subpart shall prohibit the Director from

authorizing persons other than preferred operators to provide visitor

services in park areas so 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 qualified park area.

[[Page 20378]]

(d) An offer from a Native corporation under this section must

document its total ownership of the business entity making the offer.

(e) The preferences described in this section may not be sold,

assigned, transferred or devised, directly or indirectly.

Sec. 13.84 Preference to Cook Inlet Region, Incorporated.

(a) The Cook Inlet Region, Incorporated (CIRI), in cooperation with

village corporations within the Cook Inlet Region, when appropriate,

shall have a right of first refusal to provide new visitor services

within that portion of Lake Clark National Park and Preserve that is

within the boundaries of the Cook Inlet Region. In order to exercise

this right of first refusal, CIRI must submit a responsive offer under

the terms of an NPS public solicitation for offers to conduct such

visitor services. A responsive offer is one that is timely made and

meets the terms and conditions of the solicitation document. If CIRI

makes such an offer and is determined by the Director to be capable of

carrying out the terms of the visitor services authorization, it shall

be awarded the authorization. If it does not, the authorization may be

awarded to another person pursuant to usual National Park Service

policies and procedures. An offer from CIRI under this section must

document total ownership in the entity making the offer by CIRI and/or

a village corporation. The CIRI right of first refusal shall have

precedence over the rights of preferred operators.

(b) The right of first refusal described in this section may not be

sold, transferred, devised or assigned, directly or indirectly.

Sec. 13.85 Most directly affected Native corporation.

(a) Prior to the award of a concession authorization for a visitor

service in a park area, the Director shall provide an opportunity for

any Native corporation interested in providing such new visitor

services within an applicable park area to submit an application to the

Superintendent including, but not limited to, the following

information:

(1) The name, address, and phone number of the Native corporation;

the date of incorporation; its articles of incorporation and structure;

and the name of the applicable park area;

(2) The location of the corporation's population center or centers;

and

(3) The socio-economic impacts and their effects as a result of the

expansion or establishment of the park area.

(b) Upon receipt of all applications from interested Native

corporations, the Director will determine the ``most directly

affected'' Native corporation based on the following criteria:

(1) The number of acres of surface land within and adjoining the

park area that the Native corporation owns, or that has been selected

under the Alaska Native Claims Settlement Act, unless such selection is

determined to be invalid or is relinquished;

(2) The distance and accessibility from the corporation's

population center and/or business address to the applicable park area;

and

(3) The socio-economic impacts and their effects as a result of the

expansion or establishment of the park area.

(c) In the event that more than one Native corporation is

determined to be equally affected, each such Native corporation shall

be considered as a preferred operator under this subpart. Preferred

operators may form joint ventures with other preferred operators in

applying for a visitor service authorization under this subpart.

(d) The Director's ``most directly affected'' Native corporation

determination or, when requested, appeal decision for a park area is

final for all applicable solicitations for all future visitor services

which are issued after the Director's determination or appeal decision.

Sec. 13.86 Appeal procedures.

Any person who considers that they have been improperly denied

rights with respect to providing visitor services under this subpart

may appeal the denial to the Director. Such an appeal must be submitted

in writing within 30 days of receipt of the denial from which an appeal

is sought. Appeals must set forth the facts and circumstances which the

appellant considers supports the appeal. The appellant may request an

informal meeting to discuss the appeal with the Director. After

consideration of the materials submitted by the appellant and the

National Park Service record of the matter, and meeting with the

appellant if so requested, the Director shall affirm, reverse, or

modify the denial appealed from and shall set forth in writing the

basis of the decision. A copy of the decision shall be forwarded to the

appellant and shall constitute the final administrative decision in the

matter. No person shall be considered to have exhausted administrative

remedies with respect to a denial of rights to provide visitor services

under this subpart until a final administrative decision has been made

pursuant to this section.

Sec. 13.87 Information collection.

[Reserved]

Dated: March 18, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 95-10129 Filed 4-24-95; 8:45 am]

BILLING CODE 4310-70-P