[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 http://www.reginfo.gov/public/do/PRAMain.

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