36 C.F.R. § 51.85
What assignments require the approval of the Director?
The concessioner may not assign, sell, convey, grant, contract for, or otherwise transfer (such transactions collectively referred to as “assignments” for purposes of this part), without the prior written approval of the Director, any of the following:
(a) Any concession contract;
(b) Any rights to operate under or manage the performance of a concession contract as a subconcessioner or otherwise;
(c) Any controlling interest in a concessioner or concession contract; or
(d) Any leasehold surrender interest or possessory interest obtained under a concession contract.
Notes of Decisions
Cited in 4
cases, 2001–2017 · leading case: Amfac Resorts, L.L.C. v. United States Dep't of the Interior, 282 F.3d 818 (D.C. Cir. 2002).
Amfac Resorts, L.L.C. v. United States Dep't of the Interior, 282 F.3d 818 (D.C. Cir. 2002). “f the regulations states: The concessioner may not assign, sell, convey, grant, contract for, or otherwise transfer (such transactions collectively referred to as “assignments” for purposes of this part), without the prior written approval of the Director, any of the following:…”
Nat'l Mall Tours of Washington, Inc. v. United States Dep't of the Interior, 862 F.3d 35 (D.C. Cir. 2017). “In particular, it points to the fact that Park Service regulations require the agency to pre-approve certain changes in ownership effectuated by existing concession-ers, 36 C.F.R. § 51.85 (c), and failure to obtain the agency’s assent constitutes a material breach of a…”
Amfac Resorts, L.L.C. v. United States Dep't of the Interior, 142 F. Supp. 2d 54 (D.D.C. 2001). “36 C.F.R. § 51.85 . The plaintiffs specifically argue that the 1998 Act gives the defendants no permission to approve or disapprove of any transfer of a controlling interest of a concessioner.”
Amfac Resorts, LLC v. Us Dept. of Interior, 142 F. Supp. 2d 54 (D.D.C. 2001). “36 C.F.R. § 51.85 . The plaintiffs specifically argue that the 1998 Act gives the defendants no permission to approve or disapprove of any transfer of a controlling interest of a concessioner.”
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