[Federal Register Volume 60, Number 79 (Tuesday, April 25, 1995)] [Proposed Rules] [Pages 20374-20378] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-10129] [[Page 20373]] _______________________________________________________________________ Part IX Department of the Interior _______________________________________________________________________ National Park Service _______________________________________________________________________ 36 CFR Part 13 National Park System Units in Alaska; Proposed Rule Federal Register / Vol. 60, No. 79 / Tuesday, April 25, 1995 / Proposed Rules [[Page 20374]] DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 13 RIN 1024-AC19 National Park System Units in Alaska AGENCY: National Park Service, Interior. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The National Park Service (NPS) proposes regulations to implement section 1307 of the Alaska National Interest Lands Conservation Act (ANILCA). This action is necessary to establish procedures for administering the statutory rights and preferences established by section 1307 for certain persons to conduct revenue- producing visitor services in certain units of the National Park System located in the State of Alaska. Particularly, this rulemaking will provide guidance in the solicitation, award and renewal of Alaska visitor service authorizations. DATES: Written comments will be accepted through June 26, 1995. ADDRESSES: Comments should be addressed to: Regional Director, Alaska Region, National Park Service, 2525 Gambell Street, Room 107, Docket 1307, Anchorage, AK 99503-2892. FOR FURTHER INFORMATION CONTACT: Chief of Concessions Management, Alaska Region, National Park Service, 2525 Gambell Street, Room 107, Anchorage, Alaska 99503-2892. Phone: (907) 257-2475. SUPPLEMENTARY INFORMATION: Background ANILCA (16 U.S.C. 3101 et seq.) was signed into law on December 2, 1980. Its broad purpose is to provide for the disposition and use of a variety of federally-owned lands in Alaska. Section 1307 of ANILCA (16 U.S.C. 3197) contains two provisions concerning persons and entities who are to be given special rights and preferences with respect to providing ``visitor services'' in certain lands under the administration of the Secretary of the Interior as part of the National Park System. The term ``visitor service'' is defined in section 1307 as ``any service made available for a fee or charge to persons who visit a conservation system unit, including such services as providing food, accommodations, transportation, tours and guides excepting the guiding of sport hunting and fishing.'' Subsection (a) of section 1307 states as follows: Notwithstanding any other provision of law, the Secretary [of the Interior], under such terms and conditions as he determines are reasonable, shall permit any persons who, on or before January 1, 1979, were engaged in adequately providing any type of visitor service [as defined in subsection (c)] within any area established as or added to a conservation system unit to continue providing such type of service and similar types of visitor services within such area if such service or services are consistent with the purposes for which such unit is established or expanded (16 U.S.C. 3197). Subsection (b) of section 1307 states as follows: Notwithstanding provisions of law other than those contained in subsection (a), in selecting persons to provide (and in the contracting of) any type of visitor service for any conservation system unit, except sport fishing and hunting guiding activities, the Secretary [of the Interior]-- (1) shall give preference to the Native corporation which the Secretary determines is most directly affected by the establishment or expansion of such unit by or under the provisions of this Act; (2) shall give preference to persons whom he determines, by rule, are local residents * * * (16 U.S.C. 3197). Subsection (b) also provides to Cook Inlet Region, Incorporated (CIRI), in cooperation with village corporations within the Cook Inlet Region when appropriate, the right of first refusal to provide new visitor services within that portion of Lake Clark National Park and Preserve that is located within the Cook Inlet Region. The NPS was created by Congress in 1916 to manage the growing number of park areas. The purposes of the NPS as stated in the NPS Organic Act of August 25, 1916, are ``to conserve the scenery and the natural and historic objects and the wild life therein, and to provide for the enjoyment of the same in such a manner and by such means as will leave them unimpaired for the enjoyment of future generations'' (16 U.S.C. 1). Additionally, Congress has declared that the National Park System should be, ``preserved and managed for the benefit and inspiration of all the people of the United States'' (16 U.S.C. 1a-1). The National Park Service seeks both to preserve and to provide for the public enjoyment of significant aspects of the Nation's natural and cultural heritage. To provide park visitors necessary and appropriate facilities and services to enjoy park areas, Congress established a concessions program in the National Park Service through the Concessions Policy Act of 1965 (79 Stat. 969; 16 U.S.C. 20). Regulations implementing the Concessions Policy Act are found in 36 CFR part 51. The Concessions Policy Act authorizes the Secretary of the Interior or designee to enter into concessions contracts or issue permits to qualified concessioners. The NPS may provide ``necessary and appropriate'' visitor facilities and services for the public through these contracts and permits. These services include a wide variety of commercial visitor services from backcountry guiding to hotel operations. All are provided by private corporations, partnerships, individuals, or other entities under contract with the National Park Service. All exist for the purpose of providing park visitors with the services and accommodations that are necessary and appropriate for their full enjoyment of America's national parks. The determination of what is necessary and appropriate is done through the National Park Service planning process. Needs vary with the purposes of the various park areas and their individual circumstances at the time of contracting. As applicable, the Concessions Policy Act grants a preference in renewal of concession authorizations to those concessioners who have performed contractual obligations to the satisfaction of the Secretary. These proposed regulations describe the relationship of the Concessions Policy Act's preference to the preferences to continue providing visitor services provided by section 1307 of ANILCA. Section-by-Section Analysis Section 13.80 Applicability and Scope Section 13.80 explains in which park areas these regulations are applicable, and the extent to which they apply to existing and future operators. Section 13.81 Definitions Section 13.81 provides a number of definitions for terms used in the regulations. ``Historical operators'' and ``preferred operators'' are new terms which are explained in detail below. The term ``persons'' as used in these regulations is defined in 36 CFR Sec. 1.4. Section 13.82 Visitor Services Existing on or Before January 1, 1979 (Historical Operators) These provisions implement subsection (a) of section 1307 and permits persons who were adequately providing visitor services in applicable areas in Alaska prior to January 1, 1979, to continue to do so under reasonable terms and conditions. Such persons are referred to as ``historical operators.'' Section 13.82 makes clear that the existence of a right to continue to provide visitor services under subsection 1307(a) is not an unlimited right. The right is subordinate to the [[Page 20375]] management of the park area and does not grant a monopoly to provide all visitor services in a given area to the exclusion of other individuals or entities. An historical operator, however, may provide services similar to those provided prior to January 1, 1979, if acceptable to NPS as consistent with the purposes of the park area and provided that the similar services are not in excess of those provided by the concessioner as of January 1, 1979. In addition, the rights of an historical operator are considered terminated upon a change in the controlling interest in the historical operator. This provision is intended to implement the ``grandfather clause'' intention of section 1307(a) while not permitting the effective transfer of these ``grandfather rights'' to third parties. Persons who, on or before January 1, 1979, were engaged in adequately providing any type of visitor service within a park area in Alaska, who have continued to provide that visitor service without a break in the service, and who have retained controlling interest in the business are considered historical operators under these regulations. A break in service is defined as not having operated the approved visitor service for more than 11 consecutive months. Section 13.83 Visitor Services Authorized After January 1, 1979 (Preferred Operators) This section implements subsection (b) of section 1307 (except with respect to CIRI) and grants a ``preference'' (generally defined for the purpose of these regulations as a right to meet the terms of the best offer received by NPS in a public solicitation process for visitor services) to certain individuals and corporations to provide visitor services in certain Alaska park areas. Section 13.83 of the proposed regulations applies to the two categories of persons to be given a preference pursuant to section 1307(b) of ANILCA, collectively referred to as ``preferred operators.'' The first category of preferred operator is the Native corporation determined by the Director to be most directly affected by the park area. The second category of preferred operator consists of persons who are determined by the Director to be local residents of any park area, whether or not it pre-existed ANILCA. A ``local resident'' as defined in these proposed regulations means a person living within 35 straight- line miles of a park area boundary. This would not apply under section 13.83 to persons living in communities with a population of more than 5,000 in order to effect the general legislative intent of assisting persons located in sparsely populated areas of Alaska. Section 13.83 as proposed establishes a procedure for the solicitation and award of visitor service authorizations which incorporates the rights of preferred operators under section 1307(b). In order to exercise the preference, a preferred operator must submit a responsive offer under the terms of a public solicitation. If a person without a preference submits a better offer, the preferred operator is given an opportunity to meet the terms of the better offer, and if the preferred operator does so, will be awarded the contract or permit if the preferred operator is capable of carrying out the terms of the better offer, as determined by the Director. As with historical operators, the NPS does not consider that section 1307(b) intended to provide preferred operators with an exclusive right to provide visitor services. Section 13.83 permits other persons to provide visitor services in park areas in a manner consistent with the preference of preferred operators. Accordingly, public solicitations for section 13.83 purposes will generally be the public solicitation used for general concession authorizations under 36 CFR Part 51. Congress recognized the possibility that more than one Native corporation preferred operator and/or more than one local resident preferred operator may submit proposals, and meant for them to hold equal status. Section 13.83 also establishes procedures for resolving disputes where more than one person qualifies as a preferred operator with respect to a particular visitor service authorization. Section 13.84 Preference to Cook Inlet Region, Incorporated This section describes the right of first refusal granted by section 1307(b) to Cook Inlet Region, Incorporated to provide new visitor services within that portion of Lake Clark National Park and Preserve that is within the boundaries of the Cook Inlet Region. Section 13.85 Most Directly Affected Native Corporation Determination This section establishes procedures and criteria for determining which Native corporation is most directly affected by a park area and accordingly is a preferred operator with respect to that park area. The Director's ``most directly affected'' Native corporation decision or appeal decision is final for all future applicable visitor services. Section 13.86 Appeal Procedures This section establishes procedures and criteria under which a person who considers that they have not been provided section 1307 rights may appeal to the Director for a final administrative determination in this regard. Public Participation The policy of the Department of the Interior is, whenever practicable, to afford the public an opportunity to participate in the rulemaking process. Accordingly, interested persons may submit written comments, suggestions or objections regarding the proposed rule as described above. Public hearings on these proposed regulations may be held following their publication in the Federal Register. If such hearings are held, specific locations, dates and times will be announced later in the Federal Register and in local publications. Drafting Information The primary author of these proposed regulations is William P. Quinn, Concessions Analyst, Alaska Region, NPS. Paperwork Reduction Act The collections of information contained in Secs. 13.82--13.84 of this proposed rule are for the purposes of preparing an offer in response to a contract solicitation pursuant to 36 CFR Part 51, and have been approved by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number 1024-0095. The collections of information contained in section 13.85 of this proposed rule will be submitted to the Office of Management and Budget for approval as required by 44 U.S.C. 3501 et seq. The collection of this information in the final rule will not be required until it has been approved by the Office of Management and Budget. Public reporting burden for the collection of information under section 13.85 is estimated to average 20 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to Information Collection Officer, National Park Service, 800 North Capitol Street, Washington, D.C. 20013; and the Office of Management and Budget, Paperwork Reduction Project, Washington, D.C. 20002. [[Page 20376]] Compliance With Other Laws This rule was reviewed under Executive Order 12866 and the Department of the Interior certifies that this document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The economic effects of this rulemaking are local in nature and negligible in scope. The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) further requires the preparation of flexibility analysis for rules that will have a significant effect on a substantial number of small entities, that include small businesses, organizations or governmental jurisdictions. Local visitor service providers, exercising their right under Section 1307(b) of ANILCA, will benefit more than companies without the preference. This preference will have a positive impact on the local areas by increasing the economic base of these communities. This impact, while important in relation to the total economic level of the local area, is very small in actual dollar value. Therefore, this rule would have no ``significant'' economic impact on the local communities or local governmental entities. The NPS has determined that this proposed rulemaking will not have a significant effect on the quality of the human environmental health and safety because it is not expected to: (a) Increase public use to the extent of compromising the nature and character of the area or causing physical damage to it; (b) Introduce incompatible uses which might compromise the nature and characteristics of the area, or cause physical damage to it; (c) Conflict with adjacent ownerships of land uses; or (d) Cause a nuisance to adjacent owners or occupants. Based on this determination, this proposed rulemaking is categorically excluded from the procedural requirements of the National Environmental Policy Act (NEPA) by Departmental guidelines in 516 DM 6 (49 FR 21438). As such, neither an Environmental Assessment nor an Environmental Impact Statement has been prepared. List of Subjects in 36 CFR Part 13 Alaska national parks, Reporting and recordkeeping requirements. For the reasons set out in the preamble, Title 36, Chapter I, Part 13 of the Code of Federal Regulations is proposed to be amended as follows: PART 13--NATIONAL PARK SYSTEM UNITS IN ALASKA 1. The authority citation for part 13 is revised to read as follows: Authority: 16 U.S.C. 1, 3, 462(k), 3101 et seq.; subpart D also issued under 16 U.S.C. 20, 3197; Sec. 13.65(b) also issued under 16 U.S.C. 1361, 1531. 2. In Sec. 13.2, paragraph (e) is redesignated as paragraph (f), and a new paragraph (e) is added to read as follows: Sec. 13.2 Applicability and scope. (e) Subpart D of this Part 13 contains regulations applicable to authorized visitor service providers operating within certain park areas. The regulations in subpart D of this part amend in part the general regulations contained in this chapter. * * * * * 3. In part 13, a new Subpart D is added to read as follows: Subpart D--Special Concessions Regulations; Visitor Services Sec. 13.80 Applicability and scope. 13.81 Definitions. 13.82 Visitor services existing on or before January 1, 1979 (historical operators). 13.83 Visitor services authorized after January 1, 1979 (preferred operators). 13.84 Preference granted to Cook Inlet Region, Incorporated. 13.85 Most directly affected Native corporation. 13.86 Appeal procedures. 13.87 Information collection. [Reserved] Subpart D--Special Concessions Regulations; Visitor Services Sec. 13.80 Applicability and scope. (a) Except as otherwise provided for in this section, the regulations contained in this part apply to visitor services provided within all park areas in Alaska. (b) The rights or preferences granted by this subpart to historical operators, preferred operators, and Cook Inlet Region, Incorporated are not exclusive. The Director may authorize other persons to provide visitor services on park lands. Sec. 13.81 Definitions. The following definitions shall apply to this subpart: (a) Director means the Director of the National Park Service or an authorized representative. (b) 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 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. (c) Historical operator means any person who: (1) On or before January 1, 1979, was lawfully engaged in adequately providing any type of visitor service in a park area within the scope of Sec. 13.82; (2) Has continued to provide that visitor service without a break in the service for more than eleven continuous months; and (3) Is otherwise determined by the Director to have a right to continue to provide such services or similar services pursuant to Sec. 13.82. (d) Local area means that area in Alaska within the park boundary, as well as the area within 35 straight-line miles of a park boundary, but excluding communities with a population in excess of 5,000 persons. (e) Local resident means: (1) For individuals that operate a business as a sole proprietorship or partnership. Those individuals that maintain a 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, Department of Fish and Game, tax returns, and voter registrations. (2) For corporations. A corporation that maintains its headquarters within the local area, and all of the stockholders, who own a controlling interest in the corporation, qualify as individual local residents under this section. (f) Native Corporation means the same as defined in section 102(6) of ANILCA. (g) Preferred operator means a local resident or Native Corporation that is entitled to a preference under this subpart in the award of visitor service authorizations as provided under section 1307(b) of ANILCA. [[Page 20377]] (h) Similar visitor service means that visitor service authorized by the Director to be provided in a park area and determined by the Director, on a case-by-case basis, to be similar in kind and scope to an established service being provided by a historical operator. (i) Visitor service means any service or activity made available for a fee, commission, brokerage or other compensation to persons who visit a park area, including such services as providing food, accommodations, transportation, tours, and guides, excepting the guiding of sport hunting and fishing. This also includes any activity where one participant/member or group of participants pays more in fees than the other participants (non-member fees, etc.), or fees are paid to the organization that are in excess of the bona fide expenses of the trip. Sec. 13.82 Visitor services existing on or before January 1, 1979 (historical operators). (a) A historical operator shall have a right to continue to provide visitor services or similar services in a qualified park area under appropriate terms and conditions so long as such services are determined by the Director to be consistent with the purposes for which the park area was established. A historical operator must obtain a permit from the Director to conduct the visitor services. The permit shall be for a fixed term and shall contain such terms and conditions as are in the public interest. Failure to comply with the terms and conditions of the permit may result in cancellation of the authorization and consequent loss of historical operator rights under this subpart. Nothing in this subpart shall prohibit the Director from permitting persons in addition to historical operators to provide visitor services in park areas at the Director's discretion so long as historical operators are permitted to conduct a scope or level of visitor services equal to those provided prior to January 1, 1979, under terms and conditions consistent with this subpart. A historical operator may be permitted by the Director under separate authority to increase the scope or level of visitor services provided prior to January 1, 1979, but no historical operating rights shall be obtained in such increase. (b) When a historical operator permit has expired, and if the visitor services permitted thereunder continue to be adequately provided and consistent with the purposes for which the park area was established as determined by the Director, the Director shall renew the permit for a fixed term consistent with such new terms and conditions as are in the public interest. Should a historical operator decline to accept an offer of renewal, its rights as a historical operator shall be considered as terminated. (c) If the Director determines that permitted visitor services must be curtailed or reduced in scope, level or season to protect park resources, or for other purposes, the Director shall require the historical operator to make such changes in visitor services. If more than one historical operator providing the same type of visitor services is required to have those services curtailed, the Director shall establish a proportionate reduction of visitor services among all such historical operators taking into account historical operating levels and other appropriate factors so as to achieve a fair curtailment of visitor services among the historical operators. If the level of visitor services must be so curtailed that only one historical operator feasibly may continue to provide the visitor services, the Director shall select one historical operator to continue to provide the curtailed visitor services through a competitive selection process. (d) The rights of a historical operator shall terminate if the historical operator fails to provide the visitor services under the terms and conditions of a permit issued by the Director or fails to provided the visitor services for a period of more than eleven consecutive months. (e) The rights of a historical operator under this subpart shall terminate upon a change, after January 1, 1979, in the controlling interest of the historical operator through sale, assignment, devise, transfer or otherwise. (f) A historical operator may apply to the Director for a permit or amended permit to provide similar visitor services. The Director shall grant the request if such visitor services are determined by the Director: (1) To be consistent with the protection of park resources and the purposes for which the park area was established; (2) Similar to the visitor services provided by the historical operator prior to January 1, 1979; (3) Not to be in violation of the legal rights of any other person; and (4) Granting the request will not result in an increase in the scope and level of service in excess of those provided by the requesting historical operator as of January 1, 1979. (g) The Director may authorize other persons to provide visitor services in a park area in addition to historical operators. Sec. 13.83 Visitor services authorized after January 1, 1979 (preferred operators). (a) In selecting persons to provide, and in contracting for the provision of, any type of visitor services for a qualified park area, the Director will give a preference to preferred operators determined qualified to provide such a visitor service. (b) In selecting persons to provide any type of visitor services for park areas subject to a preferred operator preference under this section, the Director will publicly solicit offers for persons to apply for an authorization, or the renewal of an authorization, to provide such visitor services pursuant to 36 CFR part 51 and other National Park Service procedures. A preferred operator must submit a responsive offer in response to such solicitation in order to effect its preference. If, as a result of the solicitation, an offer from a person other than a preferred operator is determined to be the best offer received and that offeror is determined to be capable of carrying out the terms of the authorization, a preferred operator that submitted a responsive offer shall be given an opportunity to meet the terms of the best offer received by amending its offer. If the amended offer of a preferred operator is considered by the Director as meeting the terms of the best offer, the preferred operator, if it is determined to be capable as carrying out the terms of the authorization, shall be awarded the visitor service authorization. If a preferred operator fails to meet these requirements, the Director shall award the authorization to the person who submitted the best offer in response to the solicitation. In the event this process results in more than one preferred operator having submitted an offer meeting the terms of the best offer received, the Director will select for award of the authorization that preferred operator that submitted the best offer as determined by the Director. (c) The rights of preferred operators under this section take precedence over the right of preference granted to existing satisfactory NPS concessioners pursuant to the Concessions Policy Act (16 U.S.C. 20) and implementing regulations and procedures, but do not take precedence over the rights of historical operators as described in this subpart. Nothing in this subpart shall prohibit the Director from authorizing persons other than preferred operators to provide visitor services in park areas so long as the procedures described in this section have been followed. Preferred operators are not entitled by this section to provide all visitor services in a qualified park area. [[Page 20378]] (d) An offer from a Native corporation under this section must document its total ownership of the business entity making the offer. (e) The preferences described in this section may not be sold, assigned, transferred or devised, directly or indirectly. Sec. 13.84 Preference to Cook Inlet Region, Incorporated. (a) The Cook Inlet Region, Incorporated (CIRI), in cooperation with village corporations within the Cook Inlet Region, when appropriate, shall have a right of first refusal to provide new visitor services within that portion of Lake Clark National Park and Preserve that is within the boundaries of the Cook Inlet Region. In order to exercise this right of first refusal, CIRI must submit a responsive offer under the terms of an NPS public solicitation for offers to conduct such visitor services. A responsive offer is one that is timely made and meets the terms and conditions of the solicitation document. If CIRI makes such an offer and is determined by the Director to be capable of carrying out the terms of the visitor services authorization, it shall be awarded the authorization. If it does not, the authorization may be awarded to another person pursuant to usual National Park Service policies and procedures. An offer from CIRI under this section must document total ownership in the entity making the offer by CIRI and/or a village corporation. The CIRI right of first refusal shall have precedence over the rights of preferred operators. (b) The right of first refusal described in this section may not be sold, transferred, devised or assigned, directly or indirectly. Sec. 13.85 Most directly affected Native corporation. (a) Prior to the award of a concession authorization for a visitor service in a park area, the Director shall provide an opportunity for any Native corporation interested in providing such new visitor services within an applicable park area to submit an application to the Superintendent including, but not limited to, the following information: (1) The name, address, and phone number of the Native corporation; the date of incorporation; its articles of incorporation and structure; and the name of the applicable park area; (2) The location of the corporation's population center or centers; and (3) The socio-economic impacts and their effects as a result of the expansion or establishment of the park area. (b) Upon receipt of all applications from interested Native corporations, the Director will determine the ``most directly affected'' Native corporation based on the following criteria: (1) The number of acres of surface land within and adjoining the park area that the Native corporation owns, or that has been selected under the Alaska Native Claims Settlement Act, unless such selection is determined to be invalid or is relinquished; (2) The distance and accessibility from the corporation's population center and/or business address to the applicable park area; and (3) The socio-economic impacts and their effects as a result of the expansion or establishment of the park area. (c) In the event that more than one Native corporation is determined to be equally affected, each such Native corporation shall be considered as a preferred operator under this subpart. Preferred operators may form joint ventures with other preferred operators in applying for a visitor service authorization under this subpart. (d) The Director's ``most directly affected'' Native corporation determination or, when requested, appeal decision for a park area is final for all applicable solicitations for all future visitor services which are issued after the Director's determination or appeal decision. Sec. 13.86 Appeal procedures. Any person who considers that they have been improperly denied rights with respect to providing visitor services under this subpart may appeal the denial to the Director. Such an appeal must be submitted in writing within 30 days of receipt of the denial from which an appeal is sought. Appeals must set forth the facts and circumstances which the appellant considers supports the appeal. The appellant may request an informal meeting to discuss the appeal with the Director. After consideration of the materials submitted by the appellant and the National Park Service record of the matter, and meeting with the appellant if so requested, the Director shall affirm, reverse, or modify the denial appealed from and shall set forth in writing the basis of the decision. A copy of the decision shall be forwarded to the appellant and shall constitute the final administrative decision in the matter. No person shall be considered to have exhausted administrative remedies with respect to a denial of rights to provide visitor services under this subpart until a final administrative decision has been made pursuant to this section. Sec. 13.87 Information collection. [Reserved] Dated: March 18, 1995. George T. Frampton, Jr., Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 95-10129 Filed 4-24-95; 8:45 am] BILLING CODE 4310-70-P