WSP10443

• File Number: 8281.200
• Description: Colorado River Studies and Investigations -- Colorado River Management Plan
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 12/1/1981
• Author: National Park Serv
• Title: Colorado River Management Plan and Annual Operating Requirements -- Grand Canyon
• Water Supply Pro - Doc Type: Report/Study

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E.

Transfer of Interests

The transfer of a concessions contract and all or a pnrtion of the assigned
"user' days' for river running operations at Grand Canyon National Park will be
considered by the Secretary of the Interior (Secretary) under the conditions
outlined below. Failure of the concessioner to comply with these
requirements or the procedures described below, shall constitute a material
breach of the' contractual agreements and the contract may be terminated
immediately' by ,the Secretary. The Secretary shall' not be obliged to
recognize any rights, title or interest, of any person or entity to an interest in
the contract acquired in violation of this requirement. The following governs
all transfers of interest.

1. There shall be no assumption of managerial or financial control by the
purchaser or merging organization prior to approval of the transaction
by,the N PS. The concessione'r may not enter into any agreement with
any entity or person, 'except, employees of the concessioner, to exercise
substantial 'management responsibilities for the operation authorized
under the contract without written approval of the Secretary at least 30
days in advance of such transaction.

2.

The concessioner may not assign or
responsibilities under the contra'ct"or any
prior written approval of the Secretary. '

otherwise 'sell or transfer
interest therein, without the

3.

If a transfer of interests is contemplated, the concessioner shall advise
the person(s) of'entity proposing'to enter into such a transaction that the
Secretary will be noti.f-iedand that the proposed transaction is subject to
review and prior approval by the Se<:;retary; The concessioner shall
request in writing the Secretary's approval of the proposed transaction, '
and shall promptly provide the Secretary all relevant documents related
to the transaction, the names arid qualifications of the person(s) or
entity involved in the proposed traris'a,ction, and such other information
and documentation t,he Secretary might request.

4. The Secretary shall give primary consideration to the ma'nagement and
financi al qualifications of lndividuals or entitie,s' as well as their
experience with similar operations,and their ability to conduct the
concession operations authorized.

In' addition, the Secretary shall 'take, into conside,ation the possible
economic impacts of the proposed tr'ansaction, e.g., transfers that would
consolidate existing small companies into medium-sized, more
economically viable operations are deemed to be in the public interest.

5. Approval by the N PS does not represent a verification of the assets,
inventories, or other properties of the concessioner under the existing
contract language.

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It is recognized that the United States may revoke Or modify a contract
at any ti me for the convenience of theN PS.

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