[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: 36CFR251.122]

[Page 346-348]
 
              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. 251.122  Historical operator special use authorizations.

    (a) A historical operator has the right to continue to provide 
visitor services under appropriate terms and conditions contained in a 
special use authorization, as long as such services are determined by 
the authorized officer to be consistent with the purposes for which the 
CSU was established or expanded. A historical operator may not operate 
without such an authorization.
    (b) Any person who qualifies as a historical operator under this 
subpart and who wishes to exercise the rights granted to historical 
operators under section 1307(a) of ANILCA (16 U.S.C. 1397(a)) must 
notify the authorized officer responsible for the CSU.
    (c) A historical operator may apply for a special use authorization 
to provide visitor services similar to but in lieu of those provided by 
that historical operator before January 1, 1979. The authorized officer 
shall grant the application if those visitor services are

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determined by the authorized officer to be:
    (1) Consistent with the purposes for which the applicable CSU was 
established or expanded;
    (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.
    (d) Upon the authorized officer's determination that the person 
qualifies as a historical operator, under either paragraph (a) or 
paragraph (c) of this section, the authorized officer shall amend the 
current special use authorization or issue a new special use 
authorization to identify that portion of the authorized services that 
is deemed to be historical operations. The special use authorization 
shall identify the location, type, and frequency or volume of visitor 
services to be provided.
    (e) When a historical operator's special use authorization expires, 
the authorized officer shall offer to reissue the special use 
authorization for the same or similar visitor services, as long as the 
visitor services remain consistent with the purposes for which the CSU 
was established or expanded, the historical operator was lawfully and 
adequately providing visitor services under the previous special use 
authorization, and the historical operator continues to possess the 
capability to provide the visitor services adequately.
    (1) If the operator accepts the offer to reissue, the authorized 
officer shall issue a new special use authorization that clearly 
identifies the historical operations as required by paragraph (d) of 
this section.
    (2) If the authorized officer determines that it is necessary to 
reduce the visitor services to be provided by a historical operator, the 
authorized officer shall modify the historical operator's special use 
authorization to reflect the reduced services as follows:
    (i) If more than one historical operator provides services in the 
area where visitor service capacity is to be reduced, the authorized 
officer shall apportion the reduction among the historical operators, 
taking into account historical operating levels and such other factors 
as are relevant to achieve a proportionate reduction among the 
operators.
    (ii) If the reductions in visitor service capacity make it necessary 
to reduce operators in an area, the authorized officer shall select, 
through a competitive process that is limited to historical operators 
only, the operator or operators to receive a special use authorization 
from among the historical operators. Historical operators participating 
in this competitive process may not claim a preference as a preferred 
operator under Sec. 251.124.
    (f) Any of the following shall result in the loss of historical 
operator status:
    (1) Revocation of a special use authorization for historical types 
and levels of visitor services for failure to comply with the terms and 
conditions of the special use authorization;
    (2) A historical operator's refusal of an offer to reissue a special 
use authorization made pursuant to paragraph (e) of this section;
    (3) A change in the controlling interest of a historical operator 
through sale, assignment, devise, transfer, or otherwise, except as 
provided in paragraph (g) of this section; or
    (4) An operator's failure to provide the authorized services for a 
period of more than 24 consecutive months.
    (g) 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 
service activities of the historical operator before January 1, 1979, 
shall not be deemed a change in the historical operator's controlling 
interest for the purposes of this subpart.
    (h) Nothing in this section shall prohibit the authorized officer 
from authorizing persons other than historical operators to provide 
visitor services in the same area, as long as historical operators 
receive authorization to provide visitor services that are the same as 
or similar to those they provided on or before January 1, 1979.
    (i) If an authorized officer grants to a historical operator an 
increase in the scope or level of visitor services from what was 
provided on or before January 1, 1979, beyond what was authorized under 
paragraph (d) of this section, for

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either the same or similar visitor services, the historical operator has 
no right of preference for the increased amount of authorized services. 
If additional operations are authorized, the special use authorization 
shall explicitly state that they are not subject to the historical 
operator preference.