36 C.F.R. § 51.1

What does this part cover?

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This part covers the solicitation, award, and administration of concession contracts. The Director solicits, awards and administers concession contracts on behalf of the Secretary under the authority of the Act of August 25, 1916, as amended and supplemented, 16 U.S.C. 1 et seq. and Title IV of the National Parks Omnibus Management Act of 1998 (Public Law 105-391). The purpose of concession contracts is to authorize persons (concessioners) to provide visitor services in park areas. All concession contracts are to be consistent with the requirements of this part. In accordance with section 403 of the 1998 Act, the Director will utilize concession contracts to authorize the provision of visitor services in park areas, except as may otherwise be authorized by law. For example, the Director may enter into commercial use authorizations under section 418 of the 1998 Act and may enter into agreements with non-profit organizations for the sale of interpretive materials and conduct of interpretive programs for a fee or charge in park areas. In addition, the Director may, as part of an interpretive program agreement otherwise authorized by law, authorize a non-profit organization to provide incidental visitor services that are necessary for the conduct of the interpretive program. Nothing in this part amends, supersedes, or otherwise affects any provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to revenue-producing visitor services.

Notes of Decisions
Cited in 6 cases, 1985–2001 · leading case: YRT Servs. Corp. v. United States, 28 Fed. Cl. 366 (Fed. Cl. 1993).
YRT Servs. Corp. v. United States, 28 Fed. Cl. 366 (Fed. Cl. 1993). “36 C.F.R. §§ 51.1 to 51.7 (1992). Also see more in depth discussion of clarification starting on page 413, below.”
Seva Resorts, Inc., a Nevada Corp. Seva Dev. Corp., an Arizona Corp. v. Donald P. Hodel, Sec'y of the Interior, 876 F.2d 1394 (9th Cir. 1989). “and 36 C.F.R. §§ 51.1 and 51.4(d) (1988). Indian lands may not be leased unless the Secretary approves.”
Current-Jacks Fork Canoe Rental Ass'n v. Clark, 603 F. Supp. 421 (E.D. Mo. 1985). “In addition, 36 CFR § 51.1 et seq. describes the appropriate application and mechanics of the right of preference.”
Amfac Resorts, L.L.C. v. United States Dep't of the Interior, 142 F. Supp. 2d 54 (D.D.C. 2001). “First, NPS regulations implementing the 1965 Act expressly state that concession contracts “are not Federal procurement contracts or permits within the meaning of statutory or regulatory requirements applicable to Federal procurement actions.”
Seva Resorts, Inc. v. Hodel, 675 F. Supp. 1542 (D. Ariz. 1987). “See 36 C.F.R. § 51.1 (1987). Under § 51.4(d), the Secretary has discretion to terminate the negotiation of concessions contracts before execution if it is in the best interest of the Government to do so.”
Amfac Resorts, LLC v. Us Dept. of Interior, 142 F. Supp. 2d 54 (D.D.C. 2001). “First, NPS regulations implementing the 1965 Act expressly state that concession contracts "are not Federal procurement contracts or permits within the meaning of statutory or regulatory requirements applicable to Federal procurement actions.”
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