[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR13.305]

[Page 208-209]
 
              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 E_Special Visitor Services
 
Sec.  13.305  Definitions.

    The following definitions apply to this subpart:
    Best offer means a responsive offer that best meets, as determined 
by the Director, the selection criteria contained in a competitive 
solicitation for a visitor services authorization.
    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 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.
    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.
    Director means the Director of the National Park Service or an 
authorized representative.
    Historical operator, except as otherwise may be specified by a 
statute other than ANILCA, means the holder of a valid written 
authorization from the Director to provide visitor services within a 
park area that:
    (1) On or before January 1, 1979, was lawfully engaged in adequately 
providing such visitor services in the applicable park area;
    (2) Has continued, as further defined in Sec.  13.310, to lawfully 
provide that visitor service since January 1, 1979, without a change in 
controlling interest; and
    (3) Is otherwise determined by the Director to have a right to 
continue to provide such services or similar services pursuant to Sec.  
13.310.

[[Page 209]]

    Local area means an area in Alaska within 100 miles of the location 
within the park area where any of the applicable visitor services is 
authorized to be provided.
    Local resident means:
    For individuals. Those individuals who have lived within the local 
area for 12 consecutive months before issuance of a solicitation of 
offers for a visitor services authorization for a park area and who 
maintain their 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, tax returns and voter 
registration.
    For corporations. A corporation in which the controlling interest is 
held by an individual or individuals who qualify as local resident(s) 
within the meaning of this subpart. For non-profit corporations a 
majority of the board members and a majority of the officers must 
qualify individually as local residents.
    Native Corporation means the same as defined in section 102(6) of 
ANILCA.
    Preferred operator means a Native Corporation that is determined 
under Sec.  13.325 to be ``most directly affected'' by the establishment 
or expansion of a park area by ANILCA, or a local resident as defined in 
this subpart.
    Responsive offer is one that is timely received and meets the terms 
and conditions of a solicitation for a visitor services authorization.
    Visitor services authorization is a written authorization from the 
Director to provide visitor services in a park area. Such authorization 
may be in the form of a concession permit, concession contract, or other 
document issued by the Director under National Park Service policies and 
procedures.