[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR251.121]

[Page 345-346]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
         Subpart E_Revenue-Producing Visitor Services in Alaska
 
Sec. 251.121  Definitions.

    In addition to the definitions in subpart B of this part, the 
following terms apply to this subpart:
    Best application--the application, as determined by the authorized 
officer, that best meets the evaluation criteria contained in a 
prospectus to solicit visitor services.
    Conservation System Unit (CSU) as it relates to the Tongass and 
Chugach National Forests in Alaska--a National Forest Monument or any 
unit of the National Wild and Scenic Rivers System, National Trails 
System, or National Wilderness Preservation System, including existing 
units and any such unit established, designated, or expanded hereafter.

[[Page 346]]

    Controlling interest--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. In the case 
of a partnership, limited partnership, joint venture, or individual 
entrepreneurship, 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, any 
arrangement under which a third party has the ability to exercise 
management authority over the actions or operations of the business.
    Historical operator--a holder of a valid special use authorization 
to provide visitor services in a CSU under Forest Service jurisdiction 
who:
    (1) On or before January 1, 1979, was lawfully and adequately 
providing visitor services in that CSU;
    (2) Has continued lawfully and adequately to provide the same or 
similar types of visitor services within that CSU; and
    (3) Is otherwise determined by the authorized officer to have a 
right to continue to provide the same or similar visitor services.
    Local area--any site within 100 miles of the location within a CSU 
where any visitor services covered by a single solicitation by the 
Forest Service are to be authorized.
    Local resident:
    (1) For individuals--Alaska residents who have lived within the 
local area for 12 consecutive months prior to issuance of a solicitation 
of applications for a visitor services authorization for a CSU; who 
maintain their primary, permanent residence and business within the 
local area; and who, whenever absent from this primary, permanent 
residence, have the intention of returning to it.
    (2) For corporations, partnerships, limited partnerships, joint 
ventures, individual entrepreneurships, and other circumstances--where 
the controlling interest is held by an individual or individuals who 
qualify as local residents within the meaning of this section.
    (3) For nonprofit entities--where a majority of the board members 
and a majority of the officers qualify as local residents within the 
meaning of this section.
    Native Corporation has the same meaning as under section 102(6) of 
ANILCA (16 U.S.C. 3197).
    Preferred operator--a Native Corporation that is determined, 
pursuant to Sec. 251.123, to be most directly affected by establishment 
or expansion of a CSU; or a local resident, as defined in this section, 
who competes for a visitor service special use authorization under Sec. 
251.124 of this subpart.
    Responsive application--an application that is received in a timely 
manner and that meets the requirements stated in the prospectus.
    Visitor service--any service or activity for which persons who visit 
a CSU pay a fee, commission, brokerage, or other compensation, including 
such services as providing food, accommodations, transportation, tours, 
and outfitting and guiding, except the guiding of sport hunting and 
fishing.