Canyoneers, Inc., Etc., Dba Grand Canyon Trail Guides v. Donald Hodel, Secretary, Department of the Interior

FERGUSON, Circuit Judge:

Canyoneers, Inc., an Arizona corporation operating in the Grand Canyon National Park, appeals from an adverse ruling by the district court regarding the failure of the National Park Service (“NPS”) to renew Canyoneers’ concession permit. The district court, 596 F.Supp. 106, held that the statutory preference right afforded Ca-nyoneers as a satisfactory concessioner does not vest Canyoneers with an entitlement to permit renewal on substantially the same terms. Instead, the district court held that the relevant portion of the Concessions Policy Act of 1965, 16 U.S.C. §…