Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Notices 41083

72° 37′ 54′′ West, a distance of 50.07

feet, and the point of beginning; and

TRACT 101–09—containing an area of

0.001 of an acre, more or less, situated

in the City of Dayton, County of

Montgomery, State of Ohio, and being

part of Sanford Court of the City of

Dayton and being more particularly

described as follows:

Beginning at a cut cross set at the

Southwest Corner of said Lot Number

6315 also being the intersection of the

east right-of-way line of South Williams

Street (60.0 feet wide) and the north

right-of-way line of Sanford Court (16.5

feet wide); Thence, North 72° 37′ 54′′

East along the Northern right-of-way

line of said Lot Number 6315, a distance

of 97.46 feet to the point of beginning;

Thence, North 72° 37′ 54′′ East, a

distance of 50.07 feet to an iron pin set;

Thence, South 17° 33′ 36′′ East, a

distance of 8.25 feet to the centerline of

Sanford Court; Thence, South 72° 37′

54′′ West, a distance of 50.07 feet to a

point in the centerline of Sanford Court;

Thence, North 16° 52′ 59′′ West, a

distance of 8.25 feet to an iron pin set,

and the place of beginning.

The National Park Service has

prepared a map bearing drawing

number 362/80,009, dated July 19, 1999,

which depicts the specific real property

for inclusion within the historic park.

Copies of this map are available at the

following three locations: The

Department of the Interior, National

Park Service, Land Resources Division,

1849 ‘‘C’’ Street, NW, Room 2444,

Washington, D.C. 20240; The National

Park Service, Midwest Region Office,

1709 Jackson Street, Omaha, NE 68102;

and Superintendent, Dayton Aviation

Heritage National Historic Park, at the

address given above.

Dated: November 24, 1999.

William W. Schenk,

Regional Director, Midwest Region.

[FR Doc. 00–16704 Filed 6–30–00; 8:45 am]

BILLING CODE 4310–70–M

DEPARTMENT OF THE INTERIOR

National Park Service

National Park Service Concession

Contract Franchise Fees

AGENCY: National Park Service, Interior.

ACTION: Notice Regarding Franchise Fee

Determination

SUMMARY: On February 6, 1998, the

National Park Service (NPS) published

in the Federal Register a notice

regarding the continuation of guidelines

for determining franchise fees for NPS

concession contracts. On November 13,

1998, Title IV of Public Law 105–391

amended NPS statutory authorities

regarding concession contracts,

including provisions concerning

franchise fees. This notice provides the

public with information as to NPS

concession contract franchise fee

determinations under the terms of Title

IV of Public Law 105–391.

EFFECTIVE DATE: On or before August 2,

2000.

FOR FURTHER INFORMATION CONTACT:

Cindy Orlando, Concession Program

Manager, National Park Service, 1849 C

Street, NW, Washington, DC 20240.

SUPPLEMENTARY INFORMATION: the

February 6, 1998, Federal Register

notice concerning NPS franchise fee

determinations re-adopted those

portions of the NPS concession

contracting guidelines (NPS–48) that

concern determinations of concession

contract franchise fees, including

determinations of franchise fees for new

(or reviewed) concession contracts and

possible adjustments to the franchise

fees of existing concession contracts

during their term. On April 17, 2000,

NPS published in the Federal Register

final new regulations for the NPS

concession contracting program (36 CFR

Part 51).

Title IV of Public Law 105–391

repealed the statutory authorities under

which the franchise fee guidelines were

developed. In addition, Section 407 of

Public Law 105–391 established new

statutory authorities and policies

regarding NPS concession contract

franchise fees. Title IV of Public Law

105–391 also included other provisions

that have implications for concession

contract franchise fees, including,

without limitation, the establishment of

leasehold surrender interest in certain

capital improvements constructed

pursuant to a concession contract.

Section 407(a) of Public Law 105–391

reads as follows:

SEC. 407(a). A concession contract shall

provide for payment to the government of a

franchise fee or such other 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. Consideration of

revenue to the United States shall be

subordinate to the objectives of protecting

and preserving park areas and of providing

necessary and appropriate services for

visitors at reasonable rates.

In light of the enactment of Title IV

of Public Law 105–391, NPS hereby

withdraws Chapter 24, Section D

(‘‘Franchise Fee’’) of NPS–48 as

outdated. The terms and conditions of

current concession contracts and

permits remain in effect except as may

otherwise be provided by Section 415(a)

of Public Law 105–391.

Until such time as NPS may adopt

more specific new franchise fee

determination guidelines reflecting the

terms and conditions of Title IV of

Public Law 105–391, NPS will establish

minimum franchise fees for new (or

renewed) concession contracts on a case

by case basis in accordance with the

terms of Section 407(a) of Public Law

105–391 and will include the proposed

minimum franchise fee in concession

contract prospectuses issued pursuant

to 36 CFR part 51. The establishment of

minimum franchise fees will consider

the probable value to the concessioner

of the privileges to be granted by the

new contract. This probable value will

be based upon a reasonable opportunity

for net profit in relation to capital

invested and the obligations of the

contract. Consideration of revenue to

the United states shall be subordinate to

the objectives of protecting and

preserving park areas and of providing

necessary and appropriate services for

visitors at reasonable rates.

Dated: June 27, 2000.

Maureen Finnerty,

Associate Director, Park Operations and

Education.

[FR Doc. 00–16783 Filed 6–30–00; 8:45 am]

BILLING CODE 4310–70–M

DEPARTMENT OF THE INTERIOR

National Park Service

Final Environmental Impact Statement

and Comprehensive Management Plan;

Merced Wild and Scenic River;

Yosemite National Park; Madera and

Mariposa Counties, California; Notice

of Availability

SUMMARY: Pursuant to section 102(2)(C)

of the National Environmental Policy

Act of 1969 (Pub. L. 91–190, as

amended), and the Council of

Environmental Quality regulations (40

CFR 1500), the National Park Service,

Department of the Interior has prepared

a Final Environmental Impact Statement

identifying and evaluating five

alternatives for a Merced Wild and

Scenic River Comprehensive

Management Plan (Merced River Plan)

for segments of the river within lands

managed by the National Park Service at

Yosemite National Park, California.

Potential impacts, and appropriate

mitigation measures, are assessed for

each alternative. Responses to public

comment are provided in the document.

41084 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Notices

When approved, the plan will guide

management actions during the next 15–

20 years which are necessary to protect

and enhance the ‘‘Outstandingly

Remarkable Values’’ (ORVs) for which

the river was designated, pursuant to

the Wild and Scenic Rivers Act, as

amended (16 U.S.C. 1271).

Proposal: The proposed Merced River

Plan (Alternative 2—Preferred) would

provide management direction for the

Merced Wild and Scenic River by

establishing seven management

elements: ORVs, boundaries,

classifications, Section 7 determination,

River Protection Overlay (RPO),

management zoning, and research and

monitoring. The Wild and Scenic Rivers

Act requires the first four elements; the

final three elements were developed in

the Merced River Plan to respond to the

Act’s requirement to protect and

enhance ORVs. This plan modifies the

ORVs, boundaries and classifications

from the present situation to respond to

public comment, to more accurately

respond to the Wild and Scenic Rivers

Act, and to reflect updated information.

The proposed alternative presents the

management elements to guide future

decision-making and management

actions with the intent that natural

processes will prevail.

Alternatives: In addition to the

proposal, four other alternatives are

identified and analyzed. Alternative 1

(‘‘no action’’) is a continuation of the

existing situation, based on the ORVs,

boundaries, and classifications as

published in the 1996 Draft Yosemite

Valley Housing Plan/Supplemental EIS.

If approved, Alternative 1 will not

implement the three management

elements—establishment of a RPO,

management zoning, and a research and

monitoring program—that are not

required by the Act. Nor would it

present the specific Section 7

determination process outlined in the

proposed action.

Alternative 3 differs from the

proposed alternative (Alternative 2)

with regard to the boundaries,

classifications, and management zones.

The effect of the differences would

promote more resource protection, using

a narrower corridor in east Yosemite

Valley and in Wawona, within the river

corridor than under Alternative 2.

Alternative 4 varies from Alternatives

2 and 3 by presenting yet another

combination of boundaries,

classifications and management zoning.

Of the alternatives presented,

Alternative 4 would present the most

resource protection within the

developed areas along the Merced River.

Alternative 5 presents the same

boundaries and classifications as

Alternative 4, but with zoning that

would allow for more use and facilities

in developed areas than that presented

under any of the other action

alternatives. In addition, there would be

no river protection overlay under

Alternative 5, reducing the ability to

protect the areas immediately adjacent

to the Merced.

Planning Background: The draft and

final Merced River Plan/EIS were

prepared pursuant to the Wild and

Scenic Rivers Act and National

Environmental Policy Act. A Scoping

Notice was published in the Federal

Register on June 11, 1999; and the

Notice of Intent was published on

August 23, 1999. An intensive scoping

phase was undertaken during June and

July 1999, which included a series of six

public meetings. The invitation letter

requesting input into the development

of the draft Merced River Plan/EIS was

sent to the park’s general mailing list. In

addition, the scoping effort was

publicized via regional and local media

and on the park’s Webpage. As a result

of this outreach, over 330 responses

were received and used in the

development of issues upon which

preparation of the draft Merced River

Plan/EIS was based. A summary of the

scoping process is available on the

park’s Webpage (address noted below).

On January 7, 2000, a Notice of

Availability for the Draft Merced Wild

and Scenic River Comprehensive

Management Plan/EIS appeared in the

Federal Register. A press briefing was

held earlier the same week to raise

public awareness of the plan. Over 9000

plans were mailed to each person or

organization listed on the park’s mailing

list. A 70-day public comment period

began on January 14, 2000 and ended on

March 24, 2000. Fourteen public

hearings were held throughout the state

of California in January and February.

Local press was notified days in

advance of each meeting to help raise

awareness of the meetings. Yosemite

National Park management and

planning officials attended all sessions

to present the draft Merced River Plan/

EIS, to receive oral and written

comments, and to answer questions.

More than 2300 comments were

received by mail, fax, electronic mail,

recorded testimony, and other means.

Distribution of MRP/Final EIS: A postcard was mailed to all individuals and

organizations on the park’s general

mailing list to determine whether a

printed copy or a CD-ROM version (or

both) of the Merced River Plan/FEIS

should be mailed to the respective

address. Another option presented on

the postcard was to receive nothing by

mail, considering that the complete final

plan will be available on the park’s

website (http://www.nps.gov/yose/

planning). Still another option was to

receive a ‘‘user’s guide’’ after a Record

of Decision is signed. In view of these

options, the Merced River Plan/FEIS

will be mailed, in format requested,

until quantities are exhausted. Copies

will also be available at park

headquarters in Yosemite Valley, the

Warehouse Building in El Portal, and at

local and regional libraries (i.e., San

Francisco and Los Angeles).

Decision Process: Depending upon the

response from other agencies,

organizations and the general public, at

this time it is anticipated that the notice

of an approved Record of Decision

would be published in the Federal

Register not sooner than July 31, 2000

(nor would it be signed until at least 30

days have elapsed after publication by

the EPA of the filing notice for the Final

MRP/EIS). The official responsible for

the decision is the Regional Director,

Pacific West Region, National Park

Service; the official responsible for

implementation is the Superintendent,

Yosemite National Park.

Dated: June 23, 2000.

Patricia L. Neubacher,

Acting Regional Director, Pacific West Region.

[FR Doc. 00–16703 Filed 6–30–00; 8:45 am]

BILLING CODE 4310–70–P

DEPARTMENT OF THE INTERIOR

National Park Service

National Register of Historic Places;

Notification of Pending Nominations

Nominations for the following

properties being considered for listing

in the National Register were received

by the National Park Service before June

24, 2000. Pursuant to section 60.13 of 36

CFR part 60 written comments

concerning the significance of these

properties under the National Register

criteria for evaluation may be forwarded

to the National Register, National Park

Service, 1849 C St. NW, NC400,

Washington, DC 20240. Written

comments should be submitted by July

18, 2000.

Carol D. Shull,

Keeper of the National Register.

Arizona

Yavapai County

Toltec Lodge,

228 High St.,

Prescott, 00000812

Arkansas

Pulaski County