Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; National Park Service Concessions, 5469-5472 [2020-01674]
Download as PDF
<![CDATA[
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
OIRA_Submission@omb.eop.gov; 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
phadrea_ponds@nps.gov. Please
reference OMB Control Number 1024–
0029 in the subject line of your
comments.
khammond on DSKJM1Z7X2PROD with NOTICES
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 kurt_rausch@nps.gov; or by telephone
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
16:56 Jan 29, 2020
Jkt 250001
at 202–513–7202. Please reference OMB
Control Number 1024–0029 in the
subject line of your comments. You may
also view the ICR https://
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
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
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
E:\FR\FM\30JAN1.SGM
30JAN1
khammond on DSKJM1Z7X2PROD with NOTICES
5470
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.
VerDate Sep<11>2014
16:56 Jan 29, 2020
Jkt 250001
• 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
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
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
E:\FR\FM\30JAN1.SGM
30JAN1
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.
khammond on DSKJM1Z7X2PROD with NOTICES
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
VerDate Sep<11>2014
16:56 Jan 29, 2020
Jkt 250001
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
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
5471
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).
E:\FR\FM\30JAN1.SGM
30JAN1
5472
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:
VerDate Sep<11>2014
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
OIRA_Submission@omb.eop.gov; 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
phadrea_ponds@nps.gov. 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:
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
rheames@nps.gov; 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 https://
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
E:\FR\FM\30JAN1.SGM
30JAN1
]]>Agencies
[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5469-5472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01674]
-----------------------------------------------------------------------
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
AGENCY: National Park Service, Interior.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the National Park Service (NPS) are proposing to renew an information
collection.
DATES: 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.
FOR FURTHER INFORMATION CONTACT: 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 at 202-513-7202.
Please reference OMB Control Number 1024-0029 in the subject line of
your comments. You may also view the ICR https://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 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,
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.'' 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
[[Page 5470]]
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 (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 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
[[Page 5471]]
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.
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 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 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 (x 20 applications).
[[Page 5472]]
----------------------------------------------------------------------------------------------------------------
Completion
Total annual time per Total annual
Activity responses response burden hours *
(hours)
----------------------------------------------------------------------------------------------------------------
Concessioner Annual Financial Report
----------------------------------------------------------------------------------------------------------------
Form 10-356, ``Concessioner Annual Financial Report''........... 150 15 2,250
Form 10-356A, ``Concessioner Annual Financial Report (For 350 4 1,400
Concessioners with Gross Receipts Less than $500,000)''........
Form 10-356B, ``Concessioner Annual Financial Report (For 30 2 60
Concessioners with Special Accounts and Utility Add-ons)''.....
----------------------------------------------------------------------------------------------------------------
Proposals for Concession Opportunities
----------------------------------------------------------------------------------------------------------------
Form 10-359A, ``Large Concession''.............................. 30 240 7,200
Form 10-359B, ``Small Concession''.............................. 60 80 4,800
Amendments...................................................... 1 1 1
Appeals......................................................... 1 .5 1
----------------------------------------------------------------------------------------------------------------
Request To Construct a Capital Improvement
----------------------------------------------------------------------------------------------------------------
Large Projects.................................................. 31 16 496
Small Projects.................................................. 89 8 712
----------------------------------------------------------------------------------------------------------------
Construction Report
----------------------------------------------------------------------------------------------------------------
Large Project................................................... 31 56 1,736
Small Project................................................... 89 24 2,136
Application to Sell or Transfer a Concession Operation.......... 20 80 1,600
----------------------------------------------------------------------------------------------------------------
Recordkeeping
----------------------------------------------------------------------------------------------------------------
Large Concessions............................................... 150 800 120,000
Small Concessions............................................... 350 50 17,500
-----------------------------------------------
Totals...................................................... 1,382 .............. 159,892
----------------------------------------------------------------------------------------------------------------
* 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
