Notice of Fee Schedule for Reviewing Historic Preservation Certification Applications and Instructions, 71447-71448 [2012-29010]

Download as PDF 71447 wreier-aviles on DSK5TPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Notices public review included Native American concerns; potential land use conflicts including recreation; cumulative impacts considering existing, proposed, and potential geothermal projects in the area; and potential impacts on cultural resources, wildlife, visual resources, and surface and groundwater resources. The Final EIS addresses other issues such as geology, mining, vegetation, threatened or endangered species, air quality, noise, transportation, human health and safety, and social and economic issues, as well as issues raised during the scoping process. Comments on the Draft Resource Management Plan Amendment/Draft EIS received from the public and internal BLM review were considered and incorporated as appropriate into the Final EIS/Proposed Plan Amendment. Public comments resulted in the addition of clarifying text, but did not significantly change proposed land use plan decisions. Instructions for filing a protest with the Director of the BLM regarding the Final EIS/Proposed Plan Amendment may be found in the ‘‘Dear Reader’’ letter of the Final EIS and CDCA Plan Amendment for the West Chocolate Mountains REEA and at 43 CFR 1610.5– 2. Email and faxed protests will not be accepted as valid protests unless the protesting party also provides the original letter by either regular or overnight mail postmarked by the close of the protest period. Under these conditions, the BLM will consider the email or faxed protest as an advance copy and it will receive full consideration. If you wish to provide the BLM with such advance notification, please direct faxed protests to the attention of the BLM protest coordinator at 202–245–0028, and emails to Brenda_HudgensWilliams@blm.gov. All protests, including the follow-up letter to emails or faxes, must be in writing and mailed to the appropriate address, as set forth in the ADDRESSES section above. Before including your phone number, email address, or other personal identifying information in your protest, you should be aware that your entire protest—including your personal identifying information—may be made publicly available at any time. While you can ask us in your protest to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. VerDate Mar<15>2010 15:17 Nov 29, 2012 Jkt 229001 Authority: 40 CFR 1506.6, 40 CFR 1506.10, 43 CFR 1610.2; 43 CFR 1610.5 Cynthia Staszak, Associate Deputy State Director. [FR Doc. 2012–28929 Filed 11–29–12; 8:45 am] BILLING CODE 4310–40–P DEPARTMENT OF THE INTERIOR National Park Service [NPS–WASO–TPS–11136; 2200–686] Notice of Fee Schedule for Reviewing Historic Preservation Certification Applications and Instructions National Park Service, Interior. Notice of Fee Schedule and Instructions. AGENCY: ACTION: The National Park Service (NPS) is revising the fees it charges for reviewing Historic Preservation Certification Applications. DATES: Effective Date: December 31, 2012. SUMMARY: FOR FURTHER INFORMATION CONTACT: Brian Goeken, Chief, Technical Preservation Services, National Park Service, 1849 C St., NW., Org Code 2255, Washington, DC 20240; telephone 202–354–2033; email: brian_goeken@nps.gov. SUPPLEMENTARY INFORMATION: I. Background II. Response to Comments III. Final Action I. Background The NPS charges fees for reviewing certification applications for Federal tax incentives contained in Section 47 of the Internal Revenue Code (referred to herein as ‘‘Historic Preservation Certification Applications’’). The fees have not been changed since 1984. Current fees do not cover the full costs of administering the program. The fee schedule established in 1984 expressed the fees in fixed dollar amounts and did not contain provisions for adjusting the fees over time. This method contrasts with the now-standard Government practice of establishing and revising fees in periodic Federal Register notices, pursuant to the Independent Offices Appropriations Act (IOAA) and OMB Circular A–25. Accordingly, the NPS published a final rulemaking, effective June 27, 2011, which stated that ‘‘Fees are charged for reviewing certification requests according to the schedule and instructions provided in public notices in the Federal Register by NPS.’’ 36 CFR 67.11(a) (2011). This rule authorizes the NPS to make the changes it is now PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 implementing. The NPS will be retaining the collected fees in accordance with Public Law. 106–113– Appendix C, 113 Stat. 1501A–142 (Nov. 29, 1999), which provides that notwithstanding any other provision of law, the NPS may hereafter recover all fees derived from providing necessary review services associated with historic preservation tax certification, and such funds shall be available until expended without further appropriation for the costs of such review services. II. Response to Comments On June 22, 2012, the NPS published the proposed revised fee schedule (77 FR 37708) to solicit public comment. A notice published July 6, 2012, corrected the addresses for submitting comments and extended the comment period (77 FR 40080). The NPS received four comments by the close of the comment period (August 6, 2012). The proposed fee schedule was: Cost of rehabilitation Fee $0–$49,999 ............... $50,000–$3,849,999 $–0–. $800 + 0.15% (0.0015) of rehabilitation costs over $50,000. $6,500. $3,850,000 or more .. Two of the four comments expressed support for the new fee schedule. The third comment expressed general support for the new fee schedule, but suggested that additional fee revenues realized through the change in fees be used to expand services provided to applicants. The NPS notes that the current level of fees collected does not cover the costs of administering the program. The increase in fees collected as a result of the revised fee schedule is necessary to maintain the existing level of services. To the extent that the revised fee schedule may accommodate some expanded services as part of the program, such additions may be considered in the future. The final comment suggested that the minimum rehabilitation costs for which fees apply should be raised to projects of $100,000, or even higher, rather than $50,000 as proposed. The commenter stated that this would make the rehabilitation tax credit more attractive for small projects. In setting the revised fee schedule as initially proposed, the NPS proposed to raise the minimum project level at which fees are charged from $20,000 (the level in effect since 1984) to $50,000 in rehabilitation costs. This change was roughly proportional to inflation since 1984. However, upon consideration of this comment, the NPS considered the amount of the fee E:\FR\FM\30NON1.SGM 30NON1 71448 Federal Register / Vol. 77, No. 231 / Friday, November 30, 2012 / Notices relative to the value of the credit and agrees that the minimum level at which fees are charged should be raised further. Under the current fee schedule, a review fee of $500 is charged for projects less than $100,000, equivalent to 12.5% of the value of the incentive (20% of the cost of the rehabilitation) for a $20,000 project; and under the initially proposed schedule, the review fee would be equal to 8% of the value of the incentive for a $50,000 project. After considering the costs to the Government of administering the program, the value of the service to the recipient, and the public policy of promoting investment in our Nation’s historic buildings, the NPS considers that raising the minimum project level at which fees are assessed to $80,000 (with a review fee equivalent to 5.3% of the value of the incentive) effectively balances these goals. It would preserve the long-standing NPS practice of not charging for the smallest projects, and promote the rehabilitation of historic buildings without substantially increasing the cost of administering the program or resulting in significant loss of fee revenues. Raising the level further, however, would mean more substantial loss of such revenues or require that fees be increased. In consideration of this change, the fee schedule has been revised as set forth below so that no fee is charged for projects with rehabilitation costs less than $80,000. There is no change as the result of this revision to the fees charged to projects with rehabilitation costs of $80,000 and above to that previously proposed. III. Action wreier-aviles on DSK5TPTVN1PROD with NOTICES Fee Schedule Information and Instructions Fees will be charged for reviewing Historic Preservation Certification Applications in accordance with the schedule appearing below. The fee schedule and instructions concerning the same may also be obtained through the NPS’s Web site at http:// www.nps.gov/tps/tax-incentives.htm. The new fee schedule applies only to new applications received by State Historic Preservation Offices after the effective date of this fee schedule. Part 3 applications describing completed work in previously reviewed Part 2 applications will be charged according to the schedule in effect at the time the Part 2 was reviewed. Fee Schedule Applicants should make no payment until requested to do so by the NPS. A certification decision will not be issued VerDate Mar<15>2010 15:17 Nov 29, 2012 Jkt 229001 on an application until the appropriate remittance is received. Fees are nonrefundable. Application review fees (rounded to the nearest dollar) are based on the applicant’s estimated rehabilitation costs (defined as ‘‘Qualified Rehabilitation Expenditures,’’ or ‘‘QREs,’’ pursuant to section 47 of the Internal Revenue Code). Dated: November 5, 2012. Jonathan B. Jarvis, Director, National Park Service. [FR Doc. 2012–29010 Filed 11–29–12; 8:45 am] BILLING CODE 4312–52–P DEPARTMENT OF THE INTERIOR Office of Natural Resources Revenue [Docket No. ONRR–2011–0002] Cost of rehabilitation Fee $0–$79,999 ............... $80,000–$3,849,999 $–0–. $845 + 0.15% (0.0015) of rehabilitation costs over $80,000. $6,500. $3,850,000 or more .. 1. The application review fee will, upon request by the NPS, be payable one-half upon NPS receipt of a Part 2— Description of Rehabilitation, and onehalf upon NPS receipt of a Part 3— Request for Certification of Completed Work. 2. If the estimated rehabilitation costs reported on the Part 3 application are lower than those reported on the Part 2 application previously submitted, then the Part 3 portion of the application review fee will be based on the costs reported on the Part 3. No refund of the Part 2 fee difference—if any—will be made. 3. If the estimated rehabilitation costs reported on the Part 3 application are higher than those reported on the Part 2 application previously submitted, then the Part 3 portion of the fee will be 100% of the review fee less the Part 2 portion of the fee previously paid. 4. If Part 2 and Part 3 applications are received at the same time, the application review fee will be assessed on the estimated rehabilitation costs reported on the Part 3. 5. For a project involving multiple buildings that were functionally related historically pursuant to 36 CFR part 67, the application review fee will be based on the estimated rehabilitation costs of the entire project. 6. For a phased project pursuant to 36 CFR part 67, the application review fee will be based on the total estimated rehabilitation costs for all phases. 7. Projects requiring submittal of a new Part 2 application will be assessed an application review fee equal to the fee for a new Part 2 application. No refunds or credits toward the new application will be issued for the fees paid for the prior Part 2 application. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 States’ Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas Marginal Properties Office of Natural Resources Revenue, Interior. ACTION: Notice. AGENCY: Final regulations that the Office of Natural Resources Revenue (ONRR) published September 13, 2004 (69 FR 55076), provide two types of accounting and auditing relief for Federal onshore or Outer Continental Shelf lease production from marginal properties. As the regulations require, ONRR provided a list of qualifying marginal Federal oil and gas properties to States that received a portion of Federal royalties. Each State then decided whether to participate in one or both relief options. For calendar year 2013, we provide in this notice the affected States’ decisions to allow one or both types of relief. DATES: Effective January 1, 2013. FOR FURTHER INFORMATION CONTACT: Richard Adamski, Program Manager, Asset Valuation, at (303) 231–3410; or (303) 231–3744 via fax; or via email to richard.adamski@onrr.gov. SUPPLEMENTARY INFORMATION: The regulations, codified at 30 CFR part 1204, subpart C, implement certain provisions of section 7 of the Federal Oil and Gas Royalty Simplification and Fairness Act of 1996 (RSFA) (30 U.S.C. 1726), which allows States to relieve the lessees of marginal properties from certain reporting, accounting, and auditing requirements. States make an annual determination of whether or not to allow relief. Two options for relief are provided: (1) Notification-based relief for annual reporting and (2) other requested relief, as industry proposed and ONRR and the affected State approved. The regulations require ONRR to publish by December 1 of each year a list of the States and their decisions regarding marginal property relief. To qualify for the first relief option (notification-based relief) for calendar year 2013, properties must have SUMMARY: E:\FR\FM\30NON1.SGM 30NON1

Agencies

[Federal Register Volume 77, Number 231 (Friday, November 30, 2012)]
[Notices]
[Pages 71447-71448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29010]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-WASO-TPS-11136; 2200-686]


Notice of Fee Schedule for Reviewing Historic Preservation 
Certification Applications and Instructions

AGENCY: National Park Service, Interior.

ACTION: Notice of Fee Schedule and Instructions.

-----------------------------------------------------------------------

SUMMARY: The National Park Service (NPS) is revising the fees it 
charges for reviewing Historic Preservation Certification Applications.

DATES: Effective Date: December 31, 2012.

FOR FURTHER INFORMATION CONTACT: Brian Goeken, Chief, Technical 
Preservation Services, National Park Service, 1849 C St., NW., Org Code 
2255, Washington, DC 20240; telephone 202-354-2033; email: brian_goeken@nps.gov.

SUPPLEMENTARY INFORMATION:
I. Background
II. Response to Comments
III. Final Action

I. Background

    The NPS charges fees for reviewing certification applications for 
Federal tax incentives contained in Section 47 of the Internal Revenue 
Code (referred to herein as ``Historic Preservation Certification 
Applications''). The fees have not been changed since 1984. Current 
fees do not cover the full costs of administering the program.
    The fee schedule established in 1984 expressed the fees in fixed 
dollar amounts and did not contain provisions for adjusting the fees 
over time. This method contrasts with the now-standard Government 
practice of establishing and revising fees in periodic Federal Register 
notices, pursuant to the Independent Offices Appropriations Act (IOAA) 
and OMB Circular A-25. Accordingly, the NPS published a final 
rulemaking, effective June 27, 2011, which stated that ``Fees are 
charged for reviewing certification requests according to the schedule 
and instructions provided in public notices in the Federal Register by 
NPS.'' 36 CFR 67.11(a) (2011). This rule authorizes the NPS to make the 
changes it is now implementing. The NPS will be retaining the collected 
fees in accordance with Public Law. 106-113-Appendix C, 113 Stat. 
1501A-142 (Nov. 29, 1999), which provides that notwithstanding any 
other provision of law, the NPS may hereafter recover all fees derived 
from providing necessary review services associated with historic 
preservation tax certification, and such funds shall be available until 
expended without further appropriation for the costs of such review 
services.

II. Response to Comments

    On June 22, 2012, the NPS published the proposed revised fee 
schedule (77 FR 37708) to solicit public comment. A notice published 
July 6, 2012, corrected the addresses for submitting comments and 
extended the comment period (77 FR 40080). The NPS received four 
comments by the close of the comment period (August 6, 2012).
    The proposed fee schedule was:

------------------------------------------------------------------------
          Cost of rehabilitation                         Fee
------------------------------------------------------------------------
$0-$49,999................................  $-0-.
$50,000-$3,849,999........................  $800 + 0.15% (0.0015) of
                                             rehabilitation costs over
                                             $50,000.
$3,850,000 or more........................  $6,500.
------------------------------------------------------------------------

    Two of the four comments expressed support for the new fee 
schedule.
    The third comment expressed general support for the new fee 
schedule, but suggested that additional fee revenues realized through 
the change in fees be used to expand services provided to applicants. 
The NPS notes that the current level of fees collected does not cover 
the costs of administering the program. The increase in fees collected 
as a result of the revised fee schedule is necessary to maintain the 
existing level of services. To the extent that the revised fee schedule 
may accommodate some expanded services as part of the program, such 
additions may be considered in the future.
    The final comment suggested that the minimum rehabilitation costs 
for which fees apply should be raised to projects of $100,000, or even 
higher, rather than $50,000 as proposed. The commenter stated that this 
would make the rehabilitation tax credit more attractive for small 
projects. In setting the revised fee schedule as initially proposed, 
the NPS proposed to raise the minimum project level at which fees are 
charged from $20,000 (the level in effect since 1984) to $50,000 in 
rehabilitation costs. This change was roughly proportional to inflation 
since 1984. However, upon consideration of this comment, the NPS 
considered the amount of the fee

[[Page 71448]]

relative to the value of the credit and agrees that the minimum level 
at which fees are charged should be raised further. Under the current 
fee schedule, a review fee of $500 is charged for projects less than 
$100,000, equivalent to 12.5% of the value of the incentive (20% of the 
cost of the rehabilitation) for a $20,000 project; and under the 
initially proposed schedule, the review fee would be equal to 8% of the 
value of the incentive for a $50,000 project. After considering the 
costs to the Government of administering the program, the value of the 
service to the recipient, and the public policy of promoting investment 
in our Nation's historic buildings, the NPS considers that raising the 
minimum project level at which fees are assessed to $80,000 (with a 
review fee equivalent to 5.3% of the value of the incentive) 
effectively balances these goals. It would preserve the long-standing 
NPS practice of not charging for the smallest projects, and promote the 
rehabilitation of historic buildings without substantially increasing 
the cost of administering the program or resulting in significant loss 
of fee revenues. Raising the level further, however, would mean more 
substantial loss of such revenues or require that fees be increased.
    In consideration of this change, the fee schedule has been revised 
as set forth below so that no fee is charged for projects with 
rehabilitation costs less than $80,000. There is no change as the 
result of this revision to the fees charged to projects with 
rehabilitation costs of $80,000 and above to that previously proposed.

III. Action

Fee Schedule Information and Instructions

    Fees will be charged for reviewing Historic Preservation 
Certification Applications in accordance with the schedule appearing 
below. The fee schedule and instructions concerning the same may also 
be obtained through the NPS's Web site at http://www.nps.gov/tps/tax-incentives.htm.
    The new fee schedule applies only to new applications received by 
State Historic Preservation Offices after the effective date of this 
fee schedule. Part 3 applications describing completed work in 
previously reviewed Part 2 applications will be charged according to 
the schedule in effect at the time the Part 2 was reviewed.

Fee Schedule

    Applicants should make no payment until requested to do so by the 
NPS. A certification decision will not be issued on an application 
until the appropriate remittance is received. Fees are nonrefundable.
    Application review fees (rounded to the nearest dollar) are based 
on the applicant's estimated rehabilitation costs (defined as 
``Qualified Rehabilitation Expenditures,'' or ``QREs,'' pursuant to 
section 47 of the Internal Revenue Code).

------------------------------------------------------------------------
          Cost of rehabilitation                         Fee
------------------------------------------------------------------------
$0-$79,999................................  $-0-.
$80,000-$3,849,999........................  $845 + 0.15% (0.0015) of
                                             rehabilitation costs over
                                             $80,000.
$3,850,000 or more........................  $6,500.
------------------------------------------------------------------------

    1. The application review fee will, upon request by the NPS, be 
payable one-half upon NPS receipt of a Part 2--Description of 
Rehabilitation, and one-half upon NPS receipt of a Part 3--Request for 
Certification of Completed Work.
    2. If the estimated rehabilitation costs reported on the Part 3 
application are lower than those reported on the Part 2 application 
previously submitted, then the Part 3 portion of the application review 
fee will be based on the costs reported on the Part 3. No refund of the 
Part 2 fee difference--if any--will be made.
    3. If the estimated rehabilitation costs reported on the Part 3 
application are higher than those reported on the Part 2 application 
previously submitted, then the Part 3 portion of the fee will be 100% 
of the review fee less the Part 2 portion of the fee previously paid.
    4. If Part 2 and Part 3 applications are received at the same time, 
the application review fee will be assessed on the estimated 
rehabilitation costs reported on the Part 3.
    5. For a project involving multiple buildings that were 
functionally related historically pursuant to 36 CFR part 67, the 
application review fee will be based on the estimated rehabilitation 
costs of the entire project.
    6. For a phased project pursuant to 36 CFR part 67, the application 
review fee will be based on the total estimated rehabilitation costs 
for all phases.
    7. Projects requiring submittal of a new Part 2 application will be 
assessed an application review fee equal to the fee for a new Part 2 
application. No refunds or credits toward the new application will be 
issued for the fees paid for the prior Part 2 application.

    Dated: November 5, 2012.
Jonathan B. Jarvis,
Director, National Park Service.
[FR Doc. 2012-29010 Filed 11-29-12; 8:45 am]
BILLING CODE 4312-52-P