Section 41.21.027. Concession contracts in the state park system.

   (a) Subject to the restrictions in this section, the state may enter into concession contracts under AS 36 to provide services or construct facilities in a park unit.
   (b) The state may not enter into a concession contract under (a) of this section if the proposed contract involves estimated annual gross receipts of more than $100,000, construction of facilities, a term longer than four years, or the provision of services other than those normally provided at similar facilities managed by the state, unless the commissioner finds that the proposed concession contract
        (1) will implement the purposes of the park unit and is authorized by the park management plan, if any, that applies to the park unit;
        (2) will enhance public use and enjoyment of the park unit while maintaining a high quality environment and the opportunity for high quality recreational experiences;
        (3) will provide services or facilities that are not feasible or affordable for the state to provide directly;
        (4) will not create unacceptable adverse environmental effects;
        (5) is based on a need and desire of the public;
        (6) recognizes and accommodates, at no cost, ordinary uses in a park unit;
        (7) requires the contractor to hire residents of the state, to the extent available and qualified, when hiring persons to work in the park under the contract;
        (8) provides the state with a fair and equitable portion, in money or services, of the contractor's receipts from the provision of the service or the operation of the facility;
        (9) provides that the department retains control over the level of fees and the design and appearance of any facility to be constructed;
        (10) encourages the contractor to accommodate visitors with special circumstances, including persons with disabilities, senior citizens, and school children; and
        (11) provides that the contract may be terminated if the contractor fails to fulfill the requirements of this section or the contract.
   (c) Before bids or proposals are sought or contract negotiations begun for a concession contract under (b) of this section, the commissioner shall
        (1) make a preliminary inquiry at the local level to identify community concerns;
        (2) if it is appropriate to proceed further, make a preliminary decision that includes the findings required by (b) of this section and
             (A) an assessment of existing visitor uses that may be affected by the activities of the contractor;
             (B) an assessment of the potential conflicts or significant effects on park wildlife, water, scenic values, or other resources;
             (C) an identification of the types of services or goods that the contractor is to provide;
             (D) the terms and conditions of the contract;
             (E) a determination of whether the contract activity would be more appropriately located on land outside of the park or on private land within the park; and
             (F) the views and comments of the park advisory board, when one exists, for the park unit in which the activity is being considered;
        (3) after making a preliminary decision under (2) of this subsection,
             (A) seek public comment on the preliminary decision through reasonable public notice and, if facilities may be built under the concession contract, conduct public hearings;
             (B) after considering the public comment obtained under this paragraph, issue a final decision on whether or not the state will proceed into a concession contract award process.
   (d) The commissioner shall provide for public review and comment before a concession contract under this section is renewed or extended.
   (e) The commissioner may adopt regulations to implement this section.
   (f) A person who enters into a concession contract with the state under this section may not charge or collect a fee for an ordinary use of a park unit or for the use of a restroom in a park unit.
   (g) With the exception of guided tours and noncompetitive commercial use permits, concessions or commercial activities are not permitted within the Alaska Chilkat Bald Eagle Preserve.

Authorities

41.21.030;41.21.302

Notes

References

11 AAC 12.300
AS 41.21.030 Disposition of funds.
AS 41.21.302 Management of marine parks.

History

(Sec. 1 ch 89 SLA 1987; am Sec. 21 ch 25 SLA 2006)