Notice2023-28829
Agency Information Collection Activities; Submission to the Office of Management and Budget; U.S. Fish and Wildlife Service Concessions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 2, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
In accordance with the Paperwork Reduction Act of 1995, we, the U.S. Fish and Wildlife Service (Service), are proposing to renew an information collection without change.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 1 (Tuesday, January 2, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Notices]
[Pages 88-90]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28829]
[[Page 88]]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-NWRS-2023-N103; FXRS12630900000-245-FF09R81000; OMB Control
Number 1018-0181]
Agency Information Collection Activities; Submission to the
Office of Management and Budget; U.S. Fish and Wildlife Service
Concessions
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service (Service), are proposing to renew an
information collection without change.
DATES: Interested persons are invited to submit comments on or before
February 1, 2024.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be submitted within 30 days of
publication of this notice at <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find this particular information collection by selecting
``Currently under Review--Open for Public Comments'' or by using the
search function. Please provide a copy of your comments to the Service
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-
3803 (mail); or by email to <a href="/cdn-cgi/l/email-protection#226b4c444d7d614d4e4e624455510c454d54"><span class="__cf_email__" data-cfemail="652c0b030a3a260a0909250312164b020a13">[email protected]</span></a>. Please reference ``1018-
0181'' in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at <a href="/cdn-cgi/l/email-protection#abe2c5cdc4f4e8c4c7c7ebcddcd885ccc4dd"><span class="__cf_email__" data-cfemail="41082f272e1e022e2d2d012736326f262e37">[email protected]</span></a>, or by
telephone at (703) 358-2503. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) and 5 CFR 1320.8(d)(1), 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 30, 2023, we published in the Federal Register (88 FR
42382) a notice of our intent to request that OMB approve this
information collection. In that notice, we solicited comments for 60
days, ending on August 29, 2023. In an effort to increase public
awareness of, and participation in, our public commenting processes
associated with information collection requests, the Service also
published the Federal Register notice on <a href="http://Regulations.gov">Regulations.gov</a> (Docket No.
FWS-HQ-NWRS-2023-0098) to provide the public with an additional method
to submit comments. We did not receive any comments in response to that
notice.
As part of our continuing effort to reduce paperwork and respondent
burdens, we are again soliciting comments from the public and other
Federal agencies on the proposed ICR that is described below. We are
especially interested in public comment addressing the following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
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 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: The Secretary of the Interior is authorized to ensure
that we provide opportunities within the Service for compatible
wildlife-dependent recreational uses across the National Wildlife
Refuge System (System). Furthermore, the Secretary is authorized to
award concessions contracts under the following Acts:
<bullet> The National Wildlife Refuge System Administration Act of
1966 (Administration Act, 16 U.S.C. 668dd-668ee), as amended by the
National Wildlife Refuge System Improvement Act of 1997, authorizes the
Secretary of the Interior to negotiate and award contracts and issue
regulations to carry out the Administration Act.
<bullet> The Refuge Recreation Act of 1962 (16 U.S.C.460k-460k-3)
allows the use of refuges for public recreation when such use is not
inconsistent with or does not interfere with the primary purpose(s) of
the refuge.
<bullet> The Refuge Revenue Sharing Act (16 U.S.C. 715s) authorizes
the Secretary to grant privileges and collect revenues from leases for
public accommodations or facilities established for the System.
Specifically, the Administration Act provides that, with respect to
the Refuge System, it is the policy of the United States that--
a. Each refuge shall be managed to fulfill the mission of the
System, as well as the specific purposes for which that refuge was
established;
b. Compatible wildlife-dependent recreation is a legitimate and
appropriate general public use of the System, directly related to the
mission of the System and the purposes of many refuges, and which
generally fosters refuge management and through which the American
public can develop an appreciation for fish and wildlife;
c. Compatible wildlife-dependent recreational uses are the priority
general public uses of the System and shall receive priority
consideration in refuge planning and management; and
d. When the Secretary determines that a proposed wildlife-dependent
recreational use is a compatible use within a refuge, that activity
should be facilitated, subject to such restrictions or regulations as
may be necessary, reasonable, and appropriate.
The Administration Act also provides that, in administering the
Refuge System, the Secretary shall--
a. Recognize compatible wildlife-dependent recreational uses as the
priority general public uses of the System, through which the American
public can develop an appreciation for fish and wildlife;
b. Ensure that opportunities are provided within the System for
[[Page 89]]
compatible wildlife-dependent recreational uses;
c. Ensure that priority general public uses of the System receive
enhanced consideration over other general public uses in planning and
management within the System; and
d. Provide increased opportunities for families to experience
compatible wildlife-dependent recreation, particularly opportunities
for parents and their children to safely engage in traditional outdoor
activities, such as fishing and hunting.
Private businesses and non-profit organizations under contract to
the Service provide recreational, educational, and interpretive
enjoyment of our lands and waters by managing lodging, food,
transportation, and supplies and equipment for the enjoyment of the
visiting public. These services gross approximately $3,000,000 every
year and provide jobs for more than 100 people annually.
The regulations at 50 CFR subpart F (section 25.61) primarily
implement the authorities governing public use facilities operated by
concessionaires or cooperators under appropriate contact or legal
agreement on national wildlife refuges where there is a demonstrated
justified need for services or facilities, including but not limited to
boat rentals, swimming facilities, conducted tours of special natural
attractions, shelters, tables, trailer lots, food, lodging, and related
services.
Service Manual chapters 630 FW 6-8 discuss the Service's current
policy for concession management and provide guidance for permitting
and administering concessions operations on Service lands. We use
concessions contracts to assist us in providing wildlife-dependent
recreation activities to the visiting public by using contracts between
the Service and private entities, where each private entity is allowed
to charge a fee for services provided at a field station to the
visiting public.
We collect information in a narrative (non-form) format. Details
concerning the specific information required are contained in 50 CFR
25.61 and the recently updated Service Manual chapters available to the
public on the Service's website at <a href="https://www.fws.gov/policy/manuals/part.cfm?series=600&seriestitle=LAND%20USE%20AND%20MANAGEMENT%20SERIES">https://www.fws.gov/policy/manuals/part.cfm?series=600&seriestitle=LAND%20USE%20AND%20MANAGEMENT%20SERIES</a>. 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 camping and
food service operation than would be required for a small bait sales
operation. We use the information provided by prospective
concessionaires to objectively evaluate offers received for a
particular business opportunity, assure adequate protection of refuge
resources, and to determine which offeror will provide the best service
to visitors.
Below are examples of types of information the Service collects
from a potential or current concessionaire.
General Concessionaire Information
<bullet> Description of how the respondent will conduct operations
to minimize disturbance to wildlife; protect refuge resources; and
provide visitors with a high-quality, safe, and enjoyable visitor
experience.
<bullet> Proposal to protect, conserve, and preserve resources of
the refuge. The proposal must respond to specific resource management
objectives and issues at the refuge and regarding the contract in
question.
<bullet> Proposal to provide necessary and appropriate visitor
services at reasonable rates. This proposal must respond to specific
visitor service questions at the refuge and regarding the contract in
question.
<bullet> 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.
<bullet> Financial capability of the offeror to carry out its
proposal. In particular, we require projected financials, including
initial investments, startup expenses, income statement, operating
assumptions, cash flow statement, recapture of investments, and all
associated assumptions.
<bullet> The amount of the proposed minimum franchise fee and other
forms of financial consideration.
Proposal for Concession Opportunity
<bullet> Offeror's transmittal letter, including the name and
contact information of the entity offering a proposal to operate a
concession contract.
<bullet> Business type of the offeror, such as corporation, limited
liability company, partnership, etc.
<bullet> Business history information, including adverse history
that could impact future operations under a concession contract.
<bullet> Credit report, so that we can understand the offeror's
credit history and any risks of contracting with the entity.
<bullet> Proposed staffing/management operation information,
including organization charts and delegations of authority, to ensure
adequate staffing.
<bullet> Proof of indemnification, including public liability
insurance that co-names the Government as co-insured.
Reporting Requirements
<bullet> Annual financial reports providing concessioner financial
information, as required by each concession contract.
<bullet> Quarterly and annual progress reports to monitor
performance.
<bullet> Inspections and inspection reports conducted in concert
with the on-site concession manager.
Approval to Sell or Transfer Concession Operation
<bullet> Information to assess the transferee's ability to manage
the business successfully and fulfill the terms of the concession
contract, in order for the Regional Director to grant approval.
Recordkeeping Requirements
<bullet> In accordance with Service Manual chapter 630 FW 8.3, a
concessioner (and any subconcessioner) must keep and make available to
the Service records for the term of the concession contract.
Title of Collection: U.S. Fish and Wildlife Service Concessions.
OMB Control Number: 1018-0181.
Form Number: None.
Type of Review: Extension of a currently approved collection.
Respondents/Affected Public: Private sector (profit 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; quarterly for progress
reports; and ongoing for recordkeeping.
Total Estimated Annual Nonhour Burden Cost: $69,900 (associated
with administrative overhead, as well as costs associated with the
development of proposals in response to concessions opportunities).
[[Page 90]]
----------------------------------------------------------------------------------------------------------------
Average
Average Average Average completion Estimated
Requirement number of number of number of time per annual burden
annual responses annual response hours *
respondents each responses (hours)
----------------------------------------------------------------------------------------------------------------
Approval to Sell/Transfer A 1 1 1 8 8
Concession Operation...........
General Concessionaire 80 1 80 8 640
Information--Inspection Form...
Proposal for Concessions 3 2 6 40 240
Opportunities--Large
Concessions....................
Proposal for Concessions 3 1 3 16 48
Opportunities--Small
Concessions....................
Recordkeeping Requirements-- 5 1 5 40 200
Large Concession...............
Recordkeeping Requirements-- 5 1 5 20 100
Small Concession...............
Reporting Requirements--Annual 10 1 10 16 160
Financial Report...............
Reporting Requirements--Annual 10 1 10 16 160
Progress Report................
Reporting Requirements-- 3 4 12 4 48
Quarterly Progress Report......
-------------------------------------------------------------------------------
Totals...................... 120 .............. 132 .............. 1,604
----------------------------------------------------------------------------------------------------------------
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.).
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2023-28829 Filed 12-29-23; 8:45 am]
BILLING CODE 4333-15-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 2, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.