1024-0029 30-day FRN (published)

Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
Authority
This notice is published in
accordance with 40 CFR 1501.7 of the
Council of Environmental Quality
regulations and 43 CFR 46.235 of the
Department of the Interior regulations
implementing the procedural
requirements of the NEPA (42 U.S.C.
4321 et seq.), and in accordance with
the exercise of authority delegated to
Assistant Secretary—Indian Affairs by
part 209 of the Department Manual.
Dated: January 23, 2020.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2020–01708 Filed 1–29–20; 8:45 am]
BILLING CODE 4337–15–P

DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–BSD–CONC–NPS0028088;
PPWOBSADC0, PPMVSCS1Y.Y00000 (200);
OMB Control Number 1024–0029]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; National Park Service
Concessions
National Park Service, Interior.
Notice of information collection;
request for comment.

AGENCY:
ACTION:

In accordance with the
Paperwork Reduction Act of 1995, we,
the National Park Service (NPS) are
proposing to renew an information
collection.

SUMMARY:

Interested persons are invited to
submit comments on or before March 2,
2020.
ADDRESSES: Send written comments on
this information collection request (ICR)
to the Office of Management and
Budget’s (OMB) Desk Officer for the
Department of the Interior by email at
[email protected]; or by
facsimile at 202–395–5806. Please
provide a copy of your comments to
Phadrea Ponds, Acting Information
Collection Clearance Officer, National
Park Service, 1201 Oakridge Drive, Fort
Collins, CO 80525; or by email at
[email protected]. Please
reference OMB Control Number 1024–
0029 in the subject line of your
comments.

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DATES:

To
request additional information about
this ICR, contact Kurt Rausch, Acting
Chief, Commercial Services Program,
National Park Service, 1849 C Street
NW, Washington, DC 20240; or by email
at [email protected]; or by telephone

FOR FURTHER INFORMATION CONTACT:

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at 202–513–7202. Please reference OMB
Control Number 1024–0029 in the
subject line of your comments. You may
also view the ICR http://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
On June 5, 2019, we published a
Federal Register notice soliciting
comments on this collection of
information for 60 days, ending on
August 5, 2019 (84 FR 26149). We did
not receive any public comments on the
notice.
We are again soliciting comments on
the proposed ICR described below. We
are especially interested in public
comment addressing the following
issues: (1) Is the collection necessary to
the proper functions of the NPS; (2) will
this information be processed and used
in a timely manner; (3) is the estimate
of burden accurate; (4) how might the
NPS enhance the quality, utility, and
clarity of the information to be
collected; and (5) how might the NPS
minimize the burden of this collection
on the respondents, including through
the use of information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: Private businesses under
contract to the NPS manage food,
lodging, tours, whitewater rafting,
boating, and many other recreational
activities and amenities in more than
100 national parks. These services gross
more than $1 billion every year and
provide jobs for more than 25,000
people during peak season.
The regulations codified in 36 CFR
part 51 primarily implement Title IV of

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5469

the National Parks Omnibus
Management Act of 1998 (54 U.S.C.,
101911 et seq. also referred to as Pub.
L. 105–391), which provides legislative
authority, policies, and requirements for
the solicitation, award, and
administration of NPS concession
contracts.
Furthermore, 54 U.S.C., 101911 et seq.
provides that ‘‘all proposed concession
contracts shall be awarded by the
Secretary to the person, corporation or
other entity submitting the best
proposal, as determined by the
Secretary through a competitive
selection process. Such competitive
process shall include simplified
procedures for small, individuallyowned, concessions contracts.’’
We collect the following information
associated with the administration of
concessions:
• Description of how respondent will
conduct operations to minimize
disturbance to wildlife; protect park
resources; and provide visitors with a
high quality, safe, and enjoyable visitor
experience.
• Organizational structure and history
and experience with similar operations.
• Details on violations or infractions
and how they were handled.
• Financial information and
demonstration that respondent has
credible, proven track record of meeting
obligations.
Concessioner Annual Financial Report
(Forms 10–356, 10–356A, and 10–356B)
The Concessioner Annual Financial
Report provides concessioner financial
information as required by each
concession contract. This information is
necessary to comply with the
requirements placed on the Secretary of
the Interior by Congress. Title IV,
Section 407 of the National Parks
Omnibus Management Act of 1998 (Pub.
L. 105–391) requires that ‘‘a concessions
contract shall provide for payment to
the Government of a franchise fee or
other such monetary consideration as
determined by the Secretary, upon
consideration of the probable value to
the concessioner of the privileges
granted by the particular contract
involved. Such probable value shall be
based upon a reasonable opportunity for
net profit in relation to capital invested
and the obligations of the contract.’’ In
accordance with 36 CFR part 51, subpart
I concession contracts are required to
‘‘provide for payment to the
Government of a franchise fee or other
monetary consideration as determined
by the Director upon consideration of
the probable value to the concessioner
of the privileges granted by the contract
involved.’’ In order to verify the

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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices

accuracy of the report and payments of
franchise fees, concessioners with gross
receipts of over $1 million are required
to have financial statements audited by
an independent certified public
accountant and have them express an
opinion on the financial statements.
Concessioners with gross receipts
between $500,000 and $1 million must
have a review opinion by an
independent accountant, a lesser
requirement and burden.
Form 10–356, ‘‘Concessioner Annual
Financial Report’’—is an accumulation
of various financial statements
commonly used by industry for
reporting in conformance with generally
accepted accounting principles. The
information provides a comprehensive
view of the concessioner’s financial
situation at the end of its fiscal year and
the concessioner’s activity over the
preceding year. Careful analysis
provides an effective tool in the
decision making process and for the
tracking of concessioner and
Government contractual obligations for
payments and maintenance and
construction requirements. The
financial information being collected is
necessary to provide insight into and
knowledge of the concessioner’s
operation so that this authority can be
exercised and franchise fees can be
determined in a timely manner and
without an undue burden on the
concessioner. We collect the following
information:
• Cover sheet provides identifying
information and the concessioner’s
certification as to the accuracy of the
accompanying report.
• Schedule A is an income statement
summarizing the financial activity
(gross receipts, expenses, and net
income) of the period being reported on.
• Schedule A–1 is a worksheet for
calculating the comprehensive income.
• Schedule B is a worksheet for
calculating the franchise fee.
• Schedule C is a balance sheet
comparing the sources (liabilities and
equity) with the uses (assets) of the
capital of the company at the end of the
fiscal year.
• Schedule D is a detail of the fixed
assets reported on the balance sheet
with a special listing of possessory
interest or leasehold improvement
assets (potential obligations of the
Government).
• Schedule E is a statement of cash
flows.
• Schedule F is space reserved for
explanatory notes to the report.
• Schedule G is a breakdown of gross
receipts by major departments.
• Schedule H is a detail of
departmental income and expenses.

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• Schedule I is a detail of general and
administrative expenses.
• Schedule J lists ownership and
compensation to officers and owners.
• Schedule K details the additions
and disposals of fixed assets during the
year.
• Schedule L is a supporting schedule
for any amounts that need further
explanation or detail.
• Schedule M contains various
operational statistics commonplace for
the major services provided in parks.
• Schedule P provides an accounting
for those concessioners who have a
contractual repair and maintenance
reserve requirement.
• Schedule Q lists the projects from
that reserve.
Form 10–356A, ‘‘Concessioner
Annual Financial Report (For
Concessioners with Gross Receipts Less
than $500,000)’’—In an attempt to
reduce administrative burden,
concessioners with gross receipts under
$500,000 submit only a shorter report
(Form 10–356A). This ‘‘short form’’ is a
simplified income statement, balance
sheet, and operation statistics.
Concessioners with gross receipts under
$250,000 do not have to submit the
balance sheet.
Form 10–356B, ‘‘Concessioner Annual
Financial Report (For Concessioners
with Special Accounts and Utility Addons)’’—A limited number of
concessioners have special accounts in
lieu of franchise fees or rate add-ons to
offset high costs for unique operations.
To reduce administrative burden,
additional schedules for reporting on
these unique contract inclusions are
provided in a separate form. The
additional schedules include:
• Schedule N provides an accounting
for those concessioners who have
Special Accounts.
• Schedule O lists expenditures from
Special Accounts.
• Schedule R provides an accounting
for those concessioners who have
approved rate add-ons.
Proposals for Concession Opportunities
(Forms 10–357A, 10–357B, 10–358, 10–
359A, 10–359B)
The public solicitation process begins
with the issuance of a prospectus to
invite the general public to submit
proposals for the contract. The
prospectus describes the terms and
conditions of the concession contract to
be awarded, the procedures to be
followed in the selection of the best
proposal, and the information that must
be provided. We collect the following
information from every offeror:
Offeror’s Transmittal Letter. This
letter identifies the name of the entity

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offering a proposal to operate a
concession contract and that entity’s
contact information.
Certificate of Business Entity Offeror.
This form identifies the type of entity
for the offeror, such as corporation,
Limited Liability Company, partnership,
etc.
• Form 10–357A, ‘‘Business
Organization Information Form for
Corporation, Limited Liability Company,
Partnership or Joint Venture.’’
• Form 10–357B, ‘‘Business
Organization Information Form for
Individual or Sole Proprietorship.’’
Form 10–358, ‘‘Business History
Information Form.’’ We request
information about the offeror’s business
history to understand any adverse
history that could impact future
operations under a concession contract.
Credit Report. We request offerors
submit a credit report so that we can
understand the offeror’s credit history
and any risks of contracting with the
entity.
Offeror’s Financial Projection: The
Service needs this information to verify
there are enough funds available to be
able to pay the required expenses to
operate the Draft Contract and satisfy
any other existing debt. If the offeror’s
total debts exceed current assets,
provide a narrative explaining how
these debts will be paid.
• Form 10–359A Large Concessions
• Form 10–359B Small Concessions
In addition to this standard
information, we also collect additional
information in narrative and form
format. The amount of information or
degree of detail requested varies widely,
depending upon the size and scope of
the business opportunity. For example,
a much greater amount of detailed
information would be required for a
multi-unit lodging and food service
operation (such as that at Yellowstone),
than would be required for a small
firewood sales operation. This
additional information includes the
following which coincide with the five
principal selection factors:
• Proposals to protect, conserve and
preserve resources of the park. These
proposals respond to specific resource
management objectives and issues at the
park and contract in question.
• Proposals to provide necessary and
appropriate visitor services at
reasonable rates. These proposals
respond to specific visitor service
questions at the park and contract in
question.
• The experience and related
background of the offeror, including
past performance and expertise of the
offeror in providing the same or similar

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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices
visitor services as those to be provided
under the draft concession contract.
• The financial capability of the
offeror to carry out its proposal. In
particular, we ask for projected
financials including initial investments,
startup expenses, income statement,
operating assumptions, cash flow
statement, recapture of investments, and
all associated assumptions.
• The amount of the proposed
minimum franchise fee and other forms
of financial consideration.
We use the information provided to
objectively evaluate offers received for a
particular business opportunity, assure
that the park resources will be
adequately protected, and determine
which offeror will provide the best
service to visitors.

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Amendments
In accordance with 36 CFR 51.15, an
offeror may not amend or supplement a
proposal after the submission date
unless requested by the Director to do
so and the Director provides all offerors
that submitted proposals a similar
opportunity to amend or supplement
their proposals. Permitted amendments
must be limited to modifying particular
aspects of proposals resulting from a
general failure of offerors to understand
particular requirements of a prospectus
or a general failure of offerors to submit
particular information required by a
prospectus.
In accordance with 36 CFR 51.32, if
the Director determines that a proposal
other than the responsive proposal
submitted by a preferred offeror is the
best proposal submitted for a qualified
concession contract, then the Director
must advise the preferred offeror of the
better terms and conditions of the best
proposal and permit the preferred
offeror to amend its proposal to match
them. An amended proposal must
match the better terms and conditions of
the best proposal. If the preferred offeror
amends the proposal within the time
period allowed, and the Director
determines that the amended proposal
matches the better terms and conditions
of the best proposal, then the Director
must select the preferred offeror for
award of the contract.
Appeals
Regulations in 36 CFR 51.47 state that
any person may appeal to the Director,
a determination that a concessioner is
not a preferred offeror for the purposes
of a right of preference in renewal and
that the appeal must specify the grounds
for the appeal. If the appellant does not
identify the specific grounds on which
it objects to the Director’s initial
preferred offeror determination, the

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Director could make a final
determination without fully
understanding the appellant’s concerns
or without taking into consideration
important information the appellant
may wish to submit in support of its
position.
Request To Construct a Capital
Improvement
In accordance with 36 CFR 51.54, a
request for approval to construct a
capital improvement must include
appropriate plans and specifications for
the capital improvement. The request
must also include an estimate of the
total construction cost of the capital
improvement. The estimate of the total
construction cost must specify all
elements of the cost in such detail as is
necessary to permit the Director to
determine that they are elements of
construction cost. The approval
requirements of this and other sections
of 36 CFR part 51 also apply to any
change orders to a capital improvement
project and to any additions to a
structure or replacement of fixtures.
Construction Report
In accordance with 36 CFR 51.55, a
concessioner obtaining a leasehold
surrender interest must submit a
construction report to the NPS. The
construction report must be supported
by actual invoices of the capital
improvement’s construction cost
together with, if requested by the NPS,
a written certification from a certified
public accountant (CPA). The
construction report must document, and
any requested certification by the
certified public accountant must certify,
that all components of the construction
cost were incurred and capitalized by
the concessioner in accordance with
Generally Accepted Accounting
Principles (GAAP), and that all
components are eligible direct or
indirect construction costs. Invoices for
additional construction costs of
elements of the project that were not
completed as of the date of substantial
completion may subsequently be
submitted to the Director for inclusion
in the project’s construction cost.
Application To Sell or Transfer
Concession Operation
36 CFR part 51, subpart J, provides
that a concessioner must obtain NPS
approval to assign, sell, convey, grant,
contract for, or otherwise transfer: any
concession contract; any rights to
operate under or manage the
performance of a concession contract as
a subconcessioner or otherwise; any
controlling interest in a concessioner or
concession contract; or any leasehold

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surrender interest or possessory interest
obtained under a concession contract.
The amount and type of information to
be submitted varies with the type and
complexity of the proposed transaction.
Information includes, but is not limited
to:
• Instruments proposed to implement
the transaction.
• Narrative description of the
proposed transaction.
• Opinion of counsel that the
proposed transaction is lawful under all
applicable Federal and State laws.
• Statement as to the existence and
nature of any litigation relating to the
proposed transaction.
• Description of the management
qualifications, financial background,
and financing and operational plans of
any proposed transferee.
• Description of all financial aspects
of the proposed transaction.
• Prospective financial statements
(proformas).
• Schedule that allocates in detail the
purchase price (or, in the case of a
transaction other than an asset
purchase, the valuation) of all assets
assigned or encumbered. In addition,
the applicant must provide a
description of the basis for all
allocations and ownership of all assets.
Recordkeeping
In accordance with 36 CFR 51.98, a
concessioner (and any subconcessioner)
must keep and make available to NPS,
records for the term of the concession
contract and for 5 years after the
termination or expiration of the
concession contract.
Title of Collection: National Park
Service Concessions, 36 CFR 51.
OMB Control Number: 1024–0029.
Form Number: NPS Forms 10–356,
10–356A, 10–356B, 10–357A, 10–357B,
10–358, 10–359A, and 10–359B.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Individuals, businesses, and nonprofit
organizations.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion
for proposals, amendments, and
appeals; annually for financial reports;
and ongoing for recordkeeping.
Total Estimated Annual Nonhour
Burden Cost: $425,000 ($420,000 for
proposals associated with expenses for
printing, travel for onsite visits, and
professional fees; and, $5,000 for
application to sell or transfer concession
operation associated with preparing and
submitting an application, other than
expenses for printing, estimated to be
approximately $250 per application (×
20 applications).

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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Notices

Total annual
responses

Activity

Completion
time per
response
(hours)

Total annual
burden hours *

Concessioner Annual Financial Report
Form 10–356, ‘‘Concessioner Annual Financial Report’’ ............................................................
Form 10–356A, ‘‘Concessioner Annual Financial Report (For Concessioners with Gross Receipts Less than $500,000)’’ ....................................................................................................
Form 10–356B, ‘‘Concessioner Annual Financial Report (For Concessioners with Special Accounts and Utility Add-ons)’’ ....................................................................................................

150

15

2,250

350

4

1,400

30

2

60

30
60
1
1

240
80
1
.5

7,200
4,800
1
1

31
89

16
8

496
712

31
89
20

56
24
80

1,736
2,136
1,600

Large Concessions ......................................................................................................................
Small Concessions ......................................................................................................................

150
350

800
50

120,000
17,500

Totals ....................................................................................................................................

1,382

........................

159,892

Proposals for Concession Opportunities
Form 10–359A, ‘‘Large Concession’’ ..........................................................................................
Form 10–359B, ‘‘Small Concession’’ ...........................................................................................
Amendments ................................................................................................................................
Appeals ........................................................................................................................................
Request To Construct a Capital Improvement
Large Projects ..............................................................................................................................
Small Projects ..............................................................................................................................
Construction Report
Large Project ...............................................................................................................................
Small Project ................................................................................................................................
Application to Sell or Transfer a Concession Operation .............................................................
Recordkeeping

* Rounded.

An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Phadrea Ponds,
Acting, NPS Information Collection Clearance
Officer, National Park Service.
[FR Doc. 2020–01674 Filed 1–29–20; 8:45 am]
BILLING CODE 4312–52–P

DEPARTMENT OF THE INTERIOR
National Park Service

khammond on DSKJM1Z7X2PROD with NOTICES

[NPS–WASO–WM–PSB–NPS0028321;
PPWOWMADH2, PPMPSAS1Y.YH0000
(200); OMB Control Number 1024–0282]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; National Park Service
Background Clearance Initiation
Request
National Park Service, Interior.
Notice of information collection;
request for comment.

AGENCY:
ACTION:

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16:56 Jan 29, 2020

Jkt 250001

In accordance with the
Paperwork Reduction Act of 1995, we,
the National Park Service (NPS) are
proposing to renew an information
collection.

SUMMARY:

Interested persons are invited to
submit comments on or before March 2,
2020.
ADDRESSES: Send written comments on
this information collection request (ICR)
to the Office of Management and
Budget’s (OMB) Desk Officer for the
Department of the Interior by email at
[email protected]; or by
facsimile at 202–395–5806. Please
provide a copy of your comments to
Phadrea Ponds, Acting Information
Collection Clearance Officer, National
Park Service, 1201 Oakridge Drive, Fort
Collins, CO 80525; or by email at
[email protected]. Please
reference OMB Control Number 1024–
0282 in the subject line of your
comments.
DATES:

To
request additional information about
this ICR by mail contact Shean Rheams,
Chief, Personnel Security & Identity
Management Group, National Park
Service, 1849 C Street NW, Washington,
DC 20240; or by email at shean_

FOR FURTHER INFORMATION CONTACT:

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[email protected]; or by telephone at
202–354–1974. Please reference OMB
Control Number 1024–0282 in the
subject line of your comments. You may
also view the ICR at http://
www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
On October 4, 2019, we published a
Federal Register notice soliciting
comments on this collection of
information for 60 days, ending on
December 3, 2019 (84 FR 53174). No
public comments were received in
response to this notice.
We are again soliciting comments on
the proposed ICR that is described
below. We are especially interested in
public comment addressing the
following issues: (1) Is the collection

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