36 CFR 51.87 - Does the concessioner have an unconditional right to receive the Director's approval of an assignment or encumbrance?

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§ 51.87 Does the concessioner have an unconditional right to receive the Director's approval of an assignment or encumbrance?
No, approvals of assignments or encumbrances are subject to the following determinations by the Director:
(a) That the purpose of a leasehold surrender interest or possessory interest encumbrance is either to finance the construction of capital improvements under the applicable concession contract in the applicable park area or to finance the purchase of the applicable concession contract. An encumbrance of a leasehold surrender interest or possessory interest may not be made for any other purpose, including, but not limited to, providing collateral for other debt of a concessioner, the parent of a concessioner, or an entity related to a concessioner;
(b) That the encumbrance does not purport to provide the creditor or assignee any rights beyond those provided by the applicable concession contract, including, but not limited to, any rights to conduct business in a park area except in strict accordance with the terms and conditions of the applicable concession contract;
(c) That the encumbrance does not purport to permit a creditor or assignee of a creditor, in the event of default or otherwise, to begin operations under the applicable concession contract or through a designated operator unless and until the Director determines that the proposed operator is a qualified person as defined in this part;
(d) That an assignment or encumbrance does not purport to assign or encumber assets that are not owned by the concessioner, including, without limitation, park area entrance, user day, or similar use allocations made by the Director;
(e) That the assignment is to a qualified person as defined in this part;
(f) That the assignment or encumbrance would not have an adverse impact on the protection, conservation or preservation of park resources;
(g) That the assignment or encumbrance would not have an adverse impact on the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and
(h) That the terms of the assignment or encumbrance are not likely, directly or indirectly, to reduce an existing or new concessioner's opportunity to earn a reasonable profit over the remaining term of the applicable concession contract, to affect adversely the quality of facilities and services provided by the concessioner, or result in a need for increased rates and charges to the public to maintain the quality of concession facilities and services.

Title 36 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 36.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-09-29; vol. 79 # 188 - Monday, September 29, 2014
    1. 79 FR 58261 - Concession Contracts
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, National Park Service
      Final rule.
      This rule is effective September 29, 2014.
      36 CFR Part 51

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION

§ 1 - Service created; director; other employees

§ 1a - Repealed. June 25, 1948, ch. 646,

§ 1a-1

§ 1a-2

§ 1a-3

§ 1a-4

§ 1a-5

§ 1a-6

§ 1a-7

16 U.S. Code § 1a–7a - National Park System crime prevention assistance

16 U.S. Code § 1a–7b - Protecting Americans from violent crime

§ 1a-8

§ 1a-9

§ 1a-10

§ 1a-11

§ 1a-12

§ 1a-13

§ 1a-14

§ 1b - Secretary of the Interior’s authorization of additional activities; administration of National Park System

§ 1c - General administration provisions; system defined; particular areas

§ 1d - Appropriations

§ 1e - National Capital region arts and cultural affairs; grant program

§ 1f - Challenge cost-share agreement authority

§ 1g - Cooperative agreements

§ 1h - Sums provided by private entities for utility services

§ 1i - Reimbursable agreements

§ 1j - Cooperative agreements for national park natural resource protection

§ 2 - National parks, reservations, and monuments; supervision

§ 3 - Rules and regulations of national parks, reservations, and monuments; timber; leases

§ 3a - Recovery of costs associated with special use permits

§ 3b - Maintenance and repair of Government improvements under concession contracts

§ 4 - Rights-of-way through public lands

§ 5 - Rights-of-way through parks or reservations for power and communications facilities

§ 6 - Donations of lands within national parks and monuments and moneys

§ 6a - Repealed.

§ 7 - Repealed. Oct. 31, 1951, ch. 654,

§ 7a - Airports in national parks, monuments and recreation areas; construction, etc.

§ 7b - Acquisition of lands for airport use; contracts for operation and maintenance

§ 7c - Authorization to sponsor airport projects; use of funds

§ 7d - Jurisdiction over airports; public operation

§ 7e - Definitions

§ 8 - Roads and trails in national parks and monuments; construction, etc.

§ 8-1

§ 8a - National-park approach roads; designation

§ 8b - National-park approach roads and roads and trails within national parks and national monuments; construction, improvement, and maintenance; appropriation

§ 8c - National-park approach roads across or within national forests; approval of Secretary of Agriculture

§ 8d - National-monument approach roads

§ 8e - Conveyance to States of roads leading to certain historical areas; conditions; jurisdiction

§ 8f - Roads leading to certain historical areas; “State” defined

§ 9 - Repealed. June 30, 1949, ch. 288, title VI,

§ 9a - Government of parks, etc.; violation of regulations as misdemeanor

§ 10, 10a - Repealed.

§ 11 - Medical attention for employees

§ 12 - Aid to visitors in emergencies

§ 13 - Medical attention to employees at isolated places; removal of bodies for burial

§ 14 - Repealed.

§ 14a - Appropriations; availability for printing information and signs

§ 14b - Credits of receipts for meals and quarters furnished Government employees in the field

§ 14c - Availability for expense of recording donated lands

§ 14d - Use of funds for law enforcement and emergencies

§ 14e - Contribution for annuity benefits

§ 15 - Appropriations for purchase of equipment; waterproof footwear

§ 16 - Central warehouses at parks and monuments; maintenance; purchase of supplies and materials; distribution

§ 17 - Personal equipment and supplies for employees; purchase by Secretary of the Interior; deductions from moneys due employees

§ 17a - Repealed.

§ 17b - Services or other accommodations for public; contracts; rates

16 U.S. Code § 10, 10a - Repealed.

§ 17c - Procurement of supplies, materials, and special services to aid permittees and licensees in emergencies; authority of Secretary of the Interior

§ 17d - Omitted

§ 17e - Care and removal of indigents; disposition of dead persons

§ 17f - Property of employee lost, damaged, or destroyed while in use on official business; reimbursement of employee

§ 17g - Equipment required by field employees; by whom furnished and maintained

§ 17h - Hire, rental, and purchase of property of employees; when authorized

§ 17i - Hire of work animals, vehicles and equipment with or without personal services; rates

§ 17j - Traveling expenses of National Park System employees and dependents of deceased employees

16 U.S. Code § 10, 10a - Repealed.

16 U.S. Code § 10, 10a - Repealed.

§ 17k - Park, parkway and recreational-area programs; study by National Park Service; consent of States; purpose; cooperation of government agencies

16 U.S. Code § -

§ 17m - Consent of Congress to agreements between States; when agreements effective

§ 17n - “State” defined

16 U.S. Code § -

§ 18 - Promotion of tourist travel

§ 18a - Cooperation with travel agencies; publication of information

§ 18b - Advisory committee for promotion of tourist travel; expenses

§ 18c - Rules and regulations; employees

§ 18d - Authorization of appropriations

§ 18e - Repealed. Sept. 20, 1941, ch. 412, title V,

§ 18f - Management of museum properties

16 U.S. Code § 10, 10a - Repealed.

16 U.S. Code § 10, 10a - Repealed.

16 U.S. Code § 10, 10a - Repealed.

Title 36 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 36 CFR 51 after this date.

  • 2014-09-29; vol. 79 # 188 - Monday, September 29, 2014
    1. 79 FR 58261 - Concession Contracts
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, National Park Service
      Final rule.
      This rule is effective September 29, 2014.
      36 CFR Part 51