Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; National Park Service Concessions, 70697-70700 [2016-24751]
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Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Notices
information and analysis contained in
the EA.
Under the selected alternative, we
would continue most current
management activities, but also include
components from Alternative B
including implementing the feral swine
control plan and developing and
implementing a predator management
plan to protect western snowy plover
and California least tern. Public access,
guided interpretive walks, and
environmental education would
continue to be offered.
The selected alternative provides
guidance for achieving the Refuge’s
purpose, vision, and goals; forwards the
Refuge System mission; addresses the
significant issues and relevant
mandates; and is consistent with
principles of sound fish and wildlife
management. Based on the associated
environmental assessment, this
alternative is not expected to result in
significant environmental impacts and
therefore does not require an
environmental impact statement.
Alexandra Pitts,
Acting Regional Director, Pacific Southwest
Region, Sacramento, California.
[FR Doc. 2016–24737 Filed 10–12–16; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLOR936000.L1440000.ET0000.
17XL1109AF; HAG 17–0017; OROR–68370]
Notice of Public Meeting for Amended
Proposed Withdrawal; Oregon
AGENCY:
Bureau of Land Management,
Interior.
Notice of public meeting.
ACTION:
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Leslie A. Frewing,
Acting Chief, Branch of Land, Mineral, and
Energy Resources.
[FR Doc. 2016–24743 Filed 10–12–16; 8:45 am]
A Notice of Amended
Proposed Withdrawal was published in
the Federal Register (FR) on September
30, 2016 for approximately 5,216.18
acres of Bureau of Land Management
(BLM) managed public domain and
revested Oregon California Railroad
lands and 95,805.53 acres of National
Forest System lands (80 FR 37015). The
amended application increased the
proposed withdrawal term from 5 years
to 20 years, and added the purpose of
protecting the Southwestern Oregon
watershed from possible adverse effects
of mineral development. The amended
application does not affect the current
segregation, which expires June 28,
2017, unless the application is denied or
canceled or the withdrawal is approved
prior to that date. This notice announces
the date, time, and location of a public
SUMMARY:
meeting to be held for the amended
application.
DATES AND ADDRESSES: A public meeting
will be held on Tuesday, November, 15,
2016, from 6:30 pm to 8 pm at
Brookings-Harbor High School, 625
Pioneer Road, Brookings, OR 97415.
FOR FURTHER INFORMATION CONTACT:
Jacob Childers, BLM Oregon/
Washington State Office, 503–808–6225;
Candice Polisky, USFS Pacific Nort
hwest Region, 503–808–2479. Please
send email inquiries to blm_or_wa_
withdrawals@blm.gov. Persons who use
a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339 to contact either of the
above individuals. The FIRS is available
24 hours a day, 7 days a week. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The FR
notice published on September 30, 2016
stated that an opportunity for public
meeting would be afforded in
connection with the proposed
withdrawal. The public will have the
opportunity to verbally comment or
provide written comments at the public
meeting. The publication of the FR
notice on September 30, 2016 was the
official start of a 90-day public comment
period that extends through December
29, 2016. Written comments should be
sent to the Bureau of Land Management,
Oregon State Office, P.O. Box 2965,
Portland, OR 97208–2965, or by email at
blm_or_wa_withdrawals@blm.gov.
The meeting will be held in
accordance with the regulations set
forth in 43 CFR part 2310.3–1.
BILLING CODE 3411–15–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–BSD–CONC–22120;
PPWOBSADC0, PPMVSCS1Y.Y00000 (177)]
Information Collection Request Sent to
the Office of Management and Budget
(OMB) for Approval; National Park
Service Concessions
National Park Service, Interior.
Notice; request for comments.
AGENCY:
ACTION:
We (National Park Service,
NPS) have sent an Information
Collection Request (ICR) to OMB for
review and approval. We summarize the
ICR below and describe the nature of the
SUMMARY:
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70697
collection and the estimated burden and
cost. This information collection is
scheduled to expire on November 30,
2016. We 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. However, under OMB
regulations, we may continue to
conduct or sponsor this information
collection while it is pending at OMB.
DATES: You must submit comments on
or before November 14, 2016.
ADDRESSES: Send your comments and
suggestions on this information
collection to the Desk Officer for the
Department of the Interior at OMB–
OIRA at (202) 395–5806 (fax) or OIRA_
Submission@omb.eop.gov (email).
Please provide a copy of your comments
to Madonna L. Baucum, Information
Collection Clearance Officer, National
Park Service, 12201 Sunrise Valley
Drive, Mail Stop 242, Reston, VA 20192;
or madonna_baucum@nps.gov (email).
Please include ‘‘1024–0029’’ in the
subject line of your comments. You may
review the ICR online at https://
www.reginfo.gov. Follow the
instructions to review Department of the
Interior collections under review by
OMB.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Brian P. Borda, Chief,
Commercial Services Program, National
Park Service, 1201 I Street NW.,
Washington, DC 20005 (mail), (202)
513–7156 (phone), or brian_borda@
nps.gov (email).
SUPPLEMENTARY INFORMATION:
I. Abstract
Private businesses under contract to
the National Park Service (we, 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 at 36 CFR part 51
primarily implement Title IV of 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
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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.’’ 36
CFR part 51, subpart I requires that
concession contracts ‘‘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
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
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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.
• 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
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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
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
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.
• Business Organization Information
Form for Corporation, Limited Liability
Company, Partnership or Joint Venture.
This
• Business Organization Information
Form for Individual or Sole
Proprietorship. This
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• 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.
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
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 all of 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.
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
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70699
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.
project and to any additions to a
structure or replacement of fixtures.
Appeals
Application To Sell or Transfer
Concession Operation
Regulations at 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
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, NPS 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
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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.
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
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).
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• 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.
II. Data
OMB Control Number: 1024–0029.
Title: National Park Service
Concessions, 36 CFR 51.
Service Form Numbers: NPS Forms
10–356, 10–356A, 10–356B, 10–357A,
10–357B, 10–358, 10–359A, and 10–
359B.
Total annual
responses
Activity
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)’’.
Proposals for Concession Opportunities
Large Concession ..................................................................................
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
Large Concessions ................................................................................
Small Concessions .................................................................................
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On November 10, 2015, we published
in the Federal Register (80 FR 69695) a
Notice of our intent to request that OMB
approve the collection of information
associated with soliciting, awarding,
and administering NPS concessions. We
solicited comments for 60 days ending
on January 11, 2016. We received one
comment in response to the Notice:
Comment: A current concessioner
commented that it is time consuming
and expensive to have the Annual
Financial Report reviewed by an
accountant and then sent back to the
concessioner before being submitted.
The commenter recommended
providing an upfront form that the
accountant could fill out and submit
without extra steps.
NPS Response: We have historically
provided the electronic forms on our
Web site, and continue to do so. Some
concessioners that work with
accountants have their accountants
submit the forms directly to the NPS, as
the commenter suggested. This will
continue to be allowed, so we will not
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14:07 Oct 12, 2016
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Completion time per response
15 hours ..........................................
4 hours ............................................
2,250
1,400
30
2 hours ............................................
60
30
60
1
1
240 hours ........................................
80 hours ..........................................
1 hour ..............................................
30 minutes .......................................
7,200
4,800
1
1
31
89
16 hours ..........................................
8 hours ............................................
496
712
31
89
20
56 hours ..........................................
24 hours ..........................................
80 hours ..........................................
1,736
2,136
1,600
150
350
800 hours ........................................
50 hours ..........................................
120,000
17,500
1,382
..........................................................
159,892
take any action. In addition, in
conjunction with updates to the forms,
we are proposing to simplify the
submission process by allowing
concessioners or their accountants to
email the electronic AFR form as an
attachment.
We again invite comments concerning
this information collection on:
• Whether or not the collection of
information is necessary, including
whether or not the information will
have practical utility;
• The accuracy of our estimate of the
burden for this collection of
information;
• Ways to enhance the quality, utility,
and clarity of the information to be
collected; and
• Ways to minimize the burden of the
collection of information on
respondents.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
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Fmt 4703
Total annual
burden hours
150
350
Totals ..................................................................................................
III. Comments
Type of Request: Revision of a
currently approved collection.
Description of Respondents:
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.
Estimated Nonhour Cost Burden:
$425,000.
Sfmt 4703
comment, including your personal
identifying information, may be made
publicly available at any time. While
you can ask OMB in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that it will be done.
Dated: October 7, 2016.
Madonna L. Baucum,
Information Collection Clearance Officer,
National Park Service.
[FR Doc. 2016–24751 Filed 10–12–16; 8:45 am]
BILLING CODE 4310–EH–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
[S1D1S SS08011000 SX066A0067F
178S180110; S2D2D SS08011000 SX066A00
33F 17XS501520]
Notice of Proposed Information
Collection; Request for Comments for
1029–0030
Office of Surface Mining
Reclamation and Enforcement, Interior.
AGENCY:
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]]>Agencies
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)]
[Notices]
[Pages 70697-70700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24751]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS-WASO-BSD-CONC-22120; PPWOBSADC0, PPMVSCS1Y.Y00000 (177)]
Information Collection Request Sent to the Office of Management
and Budget (OMB) for Approval; National Park Service Concessions
AGENCY: National Park Service, Interior.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: We (National Park Service, NPS) have sent an Information
Collection Request (ICR) to OMB for review and approval. We summarize
the ICR below and describe the nature of the collection and the
estimated burden and cost. This information collection is scheduled to
expire on November 30, 2016. We 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. However, under OMB
regulations, we may continue to conduct or sponsor this information
collection while it is pending at OMB.
DATES: You must submit comments on or before November 14, 2016.
ADDRESSES: Send your comments and suggestions on this information
collection to the Desk Officer for the Department of the Interior at
OMB-OIRA at (202) 395-5806 (fax) or OIRA_Submission@omb.eop.gov
(email). Please provide a copy of your comments to Madonna L. Baucum,
Information Collection Clearance Officer, National Park Service, 12201
Sunrise Valley Drive, Mail Stop 242, Reston, VA 20192; or
madonna_baucum@nps.gov (email). Please include ``1024-0029'' in the
subject line of your comments. You may review the ICR online at https://www.reginfo.gov. Follow the instructions to review Department of the
Interior collections under review by OMB.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Brian P. Borda, Chief, Commercial Services
Program, National Park Service, 1201 I Street NW., Washington, DC 20005
(mail), (202) 513-7156 (phone), or brian_borda@nps.gov (email).
SUPPLEMENTARY INFORMATION:
I. Abstract
Private businesses under contract to the National Park Service (we,
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 at 36 CFR part 51 primarily implement Title IV of
the National Parks Omnibus Management Act of 1998 (54 U.S.C., Sec.
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., Sec. 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
[[Page 70698]]
selection process. Such competitive process shall include simplified
procedures for small, individually-owned, 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.'' 36 CFR part 51, subpart I requires that
concession contracts ``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 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.
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 Add-ons)''--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
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 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.
Business Organization Information Form for Corporation,
Limited Liability Company, Partnership or Joint Venture. This
Business Organization Information Form for Individual or
Sole Proprietorship. This
[[Page 70699]]
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.
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 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 all of 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.
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 at 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 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, NPS 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 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).
[[Page 70700]]
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.
II. Data
OMB Control Number: 1024-0029.
Title: National Park Service Concessions, 36 CFR 51.
Service Form Numbers: NPS Forms 10-356, 10-356A, 10-356B, 10-357A,
10-357B, 10-358, 10-359A, and 10-359B.
Type of Request: Revision of a currently approved collection.
Description of Respondents: 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.
Estimated Nonhour Cost Burden: $425,000.
----------------------------------------------------------------------------------------------------------------
Total annual Total annual
Activity responses Completion time per response burden hours
----------------------------------------------------------------------------------------------------------------
Concessioner Annual Financial Report
Form 10-356, ``Concessioner Annual Financial 150 15 hours........................ 2,250
Report''.
Form 10-356A, ``Concessioner Annual 350 4 hours......................... 1,400
Financial Report (For Concessioners with
Gross Receipts Less than $500,000)''.
Form 10-356B, ``Concessioner Annual 30 2 hours......................... 60
Financial Report (For Concessioners with
Special Accounts and Utility Add-ons)''.
Proposals for Concession Opportunities
Large Concession............................ 30 240 hours....................... 7,200
Small Concession............................ 60 80 hours........................ 4,800
Amendments.................................... 1 1 hour.......................... 1
Appeals....................................... 1 30 minutes...................... 1
Request To Construct a Capital Improvement
Large Projects.............................. 31 16 hours........................ 496
Small Projects.............................. 89 8 hours......................... 712
Construction Report
Large Project............................... 31 56 hours........................ 1,736
Small Project............................... 89 24 hours........................ 2,136
Application To Sell or Transfer a Concession 20 80 hours........................ 1,600
Operation.
Recordkeeping
Large Concessions........................... 150 800 hours....................... 120,000
Small Concessions........................... 350 50 hours........................ 17,500
-----------------------------------------------------------------
Totals.................................... 1,382 ................................ 159,892
----------------------------------------------------------------------------------------------------------------
III. Comments
On November 10, 2015, we published in the Federal Register (80 FR
69695) a Notice of our intent to request that OMB approve the
collection of information associated with soliciting, awarding, and
administering NPS concessions. We solicited comments for 60 days ending
on January 11, 2016. We received one comment in response to the Notice:
Comment: A current concessioner commented that it is time consuming
and expensive to have the Annual Financial Report reviewed by an
accountant and then sent back to the concessioner before being
submitted. The commenter recommended providing an upfront form that the
accountant could fill out and submit without extra steps.
NPS Response: We have historically provided the electronic forms on
our Web site, and continue to do so. Some concessioners that work with
accountants have their accountants submit the forms directly to the
NPS, as the commenter suggested. This will continue to be allowed, so
we will not take any action. In addition, in conjunction with updates
to the forms, we are proposing to simplify the submission process by
allowing concessioners or their accountants to email the electronic AFR
form as an attachment.
We again invite comments concerning this information collection on:
Whether or not the collection of information is necessary,
including whether or not the information will have practical utility;
The accuracy of our estimate of the burden for this
collection of information;
Ways to enhance the quality, utility, and clarity of the
information to be collected; and
Ways to minimize the burden of the collection of
information on respondents.
Comments that you submit in response to this notice are a matter of
public record. 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 OMB in your comment to withhold your personal
identifying information from public review, we cannot guarantee that it
will be done.
Dated: October 7, 2016.
Madonna L. Baucum,
Information Collection Clearance Officer, National Park Service.
[FR Doc. 2016-24751 Filed 10-12-16; 8:45 am]
BILLING CODE 4310-EH-P
