[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Notices]
[Pages 88-90]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28829]



[[Page 88]]

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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.

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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 https://www.reginfo.gov/public/do/PRAMain. 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 Regulations.gov (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 https://www.fws.gov/policy/manuals/part.cfm?series=600&seriestitle=LAND%20USE%20AND%20MANAGEMENT%20SERIES. 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).

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                                                                                      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
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    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


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